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Appendix
o
Pa • e 504 of 642
Experience ''• ' nd Client Reference List
Rel ;«'.'te"
Client C karant
Danilo Batson
J ip4d �{
I II 1111 hill
V I I I I I I I IIIII III
Former Director of Public. Works
323.889.9976
Client Corot + �t
Cesar l loldan
Public Works Director
323.584.6274
[email protected]
Montebell Boulevard Wadenin�iPr ject
City of Montebelllo, CA
"2021 American Public Works ssc ciiaation !Project of the Year" award winner Phase II of the Montebello I[3ouyllevaird Hike (Lane and Sidewailk Improvement Project incllo.uded design, p!rel aratk it of IPS&E for roadway improvements and wiidening, pavement rehabilitation, concrete lnn:provernent e, sidewalk improvement, utility adjustments, ADA improvements, Class III (bike Ilene, traffic signal improvements, pedestrian lighting, and landscaping, bioswalles along center mnedians and irrigation improvements.
Address
1600 W. !Beverly Boulevard
Montebello, CA 90640
Schedule
2017-2x 20
Team Members
Aidarn Mousavi
5hawnt Iftabaklhanian
Shawn lMoousa'vi
Slauson Congestion Relief Project
City of Huntington Pork, CA
Utilized Synchro modelling for signal and timing improvement. Upgraded traffic signal eq'i iprnent:, enhanced phasing operations, street widening, Concrete improvements, coordination with Los Angeles county and various railroad agencies. The goal of the project was to study and design improvements alorng. the .hansom corridor to increase capacity, reduce congestion and improve traffic. flow. Design :plans have been finalized,
Address Team !''lemlb s
;550 Miles Avenue Aldan Mlousavii
Irlu.nn:tington Park, CA 90255 Shawnt Baba klhaniaun
Schedule Shawn Mous,avi
2020 - 2023
Infrastructure Engineers, a Bowman company I Municipal Engineering Services November 9, 2023 103
Related E
eri nee Vii,°;, `Client Reference List ((cont)
Cilelrat Corvtact
Sarn Gutierrez
Director of Public Works
626,960.4011
s uttier-re:zi jbaid'winp ar'k.com
Client Contact
Julian Lee
Director of Public,. Works
310.603.02.70 ext. 201
$lee@lyrnwoodcaa.:gov
Downt Ow ewwt,hhcation Project
City of !3a! dw.kn Parke:, CA
Replaced existing !streetlight and traffic signal infrastructure with new decora.tiv'e infrastructure designed to id'erltlfy and create visuall pohhrnts of interest that highlight and activate the Baldwin Park community. Brand -ping included streetscaape enhancements and decorative poles designed to tie-in with the ne.w infrastructure including,. but not limited to, decorative pavement in. the parkway and crosswalks, entry monument signs in the center medians, and installation of a public an centerpiece on Ran•rca!na Boulevard.
.Address
1.1403 Pacific Avenue
iE3aalldwin Park, CA 91706
Schedule
2018 - :2020
L ng Beach Boulev
City of Lynwood, CA
rd il
Team Members
Aldan Mou.savi
5haawwnt E?9abakhanilaani
Shawn Moiisav'r
oveir nt Pre' ,sect
"2020 American Public Works ^ ssancair tioir (APWAPoect .of the Year" winner. IE provided construction management, inspection, and Labor compliance for the resurfacing of 102„77r9 sq. ft. of rcyradwaay.:Also included renovating sidewalks, driveway approaches, curbs and gutters, and constructing six new Ibu."s pads. Eiea.utificatiion enhancements included the removal and replacement of 23 trees, constructor of iand:Scaping in median islands with irrigation systems,. and the, installation of a! city rrmoruJrnent sign. Existing streetlights were relocated, and traffic. signals were improved at two intersections.
Address
11750 Alameda Street
Lynwood,: CA 902,62
Schedule
2017 - 2020
Team Members
Aldan Mousavi
Shtiawnt E3abakhanian
Shawn Mousavi
Infrastructure Engineers„.,a Bowman company U Municipal Engineering Services November 9,.2223 4014
Rp}�1[Y J�rr � x� �i 1 �t ��
..e[!ii�.11 a E.�j' peri ncFn
Client Contact
MichaeII B. Cu"Ke1I1y
ineedia
City :11/1asnager
562306,7702
[email protected]
Client Contact
Sam Gutierrez
Director of rpulblic. Works
62..6.960.4011
s.a u.uitierre z@bait: winpark,com
1181
n
Cli t Ref „' r Inc Li t (cntJ
Water Welly #1, 'i poster St bons and Reservoir
City of Bell Gardens, CA
New reservoir provides fare flow and operational benefits to customers mitigating need for irngaorted MWD w<ater,:The cit ":s well was turned off due to reaclhing notification limits for IPIFOS. IF: worked with the state to obtain funding fcr the project including treatment for the well water prior to entering the reservoir, then booster station. The work involves direct coordination with the state and DDW for compliance with 'permitting and oiperatiornai permits.
Address
14403 Pacific Avenue
Baldwin Park, CA 911706
krlhiedulle
2018 -. 2020
Team embers
Aidain Mousavi
SNawint IBalbalkharlian
Douglas IEterrash
Shawn Mouasavii
Active Transportation Prog r ray (ATP) Cycle I a n
City of Baldwin Park, CA
IE was required to provide Plans, Specifications and Estimate (IPS&E) for intersection improvements of 2.0 unprotected crosswalks in the City of Huntington Park. Features include ADA ramps, bulb -outs, advanced ylelld and stop markings, countdown signals, updated pedestrian signs, repainting exiting marking / pavement labels and crosswalks.
Address
14403 Pacific Avenue
E3aldwnrin Park, CA 9'1706
Schedule
221 -202.2
Yearn Members
,Aldan Mousavi
Shawnt Babakh.aniarn
Shawn Mousaavi
infrastructure Enrgineers,;a Bowman company I Municipal Engineering Services I November 9„2023 105
eit
Experience and Clie Irk Reference List (co to
Client Contact
Cesar Radian
Public Works Director
32358462;F4
[email protected]
Client Contact
Sam Gutierrez
' will
I I I 1 1 1 1J1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 °
fl l l il l l l l l1llllllll lll l l l l l {Ily '„
Director of Public Works
626,960,40'i 1
s;[email protected]
Linear Greenway
City of Huntington Park,, CA
VIE: ;assisted with the City of Huntington Park to certain a $3.5 million grant for urban greening to construct and revitalize ten contiguous parcels within the City of Los Angeles Department of "Water and Power right of way.. I.E prepared design plans and specifications for the work to be performed associated with the grant requirements. Scope included amass grading, pavement and concrete improvements, designated bike path, planting and landscaping, irrigation, dry stream beds anid various site arYmernities.
Address
6550 Miles Avenue
Huntington Park, CA 902`:5
Schedule
;2018 .20.19
Team Members
Aldan Mousavi
Shawnt Bab.aakhani.an
Shawn Mousavi
savi
San Gabriel Raver Commuter
City of Baldwin Pork, CA
ike ay
Project
Preparation of design plan; anid specifications for the construction of .a commuter bike path for the City of Baldwin Park.. The work also included direct communication with City of Baldwin Park staff, Lia:s Angeles; Food Control District, and US .Army Coro ,, far permitting purposes. Several reports were coordinated for submittal including Hydrology report, Geote: h report, Cultural report, and N1' SMil report, This'project has been active with field visits, design,. and coordination with subconsulltantti and city staff but constructions for the bike path and the !landscaping began in October of 2022.
Address
14403 Pacific Avenue
Baldwin Park, CA 91706
Schedule
201;E3 20.22
Teem Members
Aldan Mousavi
Shamwnt B .bakIhaniarl
Shawn Mousavi
Infrastructure Engineers, a Bowman company I Municipai'Engineering Services I November 9,2023 106
ReI I ted Experie ce and Client Reference List (
�� yrl I I I I �I I I �I !
Client Contact
Steve Ens sel ma n
Planning. Director
6263463002
se'sseIman@sha'ter.org
Client Contact
Gus IRomo
CEQA for 4th Cycle II I using Element
City of Shc iterr;, CA
Environmental review of the City of Shaffer Housing Element Update project and completed an Initial Study / Mitigated (Negative Declaration (IS 1 MND) in compliance with local requirements, and CEQA guidelines (Section 15070).
Evaluated existing conditions, the (potential adverse effects of project implementation (individual and cumulative) and appropriate measures to mitigate such effects„ The Draft IS / MINID was circulated for a :30 -day public review period to the public, responsible agencies, and trustee agencies.
Address
336 Pacific Avenue
Slh,after, CA 93263
Schedule.
2022.2023
Team Members
Melia Durand
Jason W,asmuind
John Moreno
Cameron Lu.rlros
CEQ,A Analysis and MND f it m° "aater ell #1
City of Bell Gardens, CA
lE prepared the initial Study (IS) and Mitigated Negative Declaration (MND) for this proposed project. Associated technical :studies included: ¶) Water Quality and Hydrology; 2) Air Quallity and Greenhouse Gas Emissions.; :3) Noise; 4) Energy; 5) Traffic. Impacts; 6) Soils; 7) Biological; and 8) Cultural. Additional tasks included public outreach and community engagement.
Address
7100 Garfield Avenue
Community Development Director Bell Gardens, CA 902.011 5618061724
[email protected]
Schedule
201ca- "0.0
Team Members
Malia Durand
Jason Wa s m u rri d
John Moreno
Ca rneron I..0 kos
Infrastructure Engineers, a Bowman company Municipal Engineering Services I November! ; 2023 07
Outside Grar,,t Funding S Iri... rces Obtained
The 4E team has written and been awarded countless grants for our clients in the past,, including many funding sources that our clients 'were not aware af.'W€ are always on the lookout for funding sources for public works projects, 'We have extensive knowledge of funding and grant opportunities and designated staff are focused on this task sc. that we may assist our clients in :stretch.ing their infrastructure and development budgets.
Some of the grant, we have obtained for clients include Safe Routes. to School, Highway Safety Ilmpra vernernt Program., Metro Call for Projects, Active Transportation Program, RAC Grant 5B 1., State Transportation improvement Program, Interregional 'Transportation Improvement Program, Regional Transportation Improvement !Program tan•d State Highway Operation and.
Protection Program, among others..
Specifically, for the C..uty of Bell Gardens, we have been involved in and been awarded the following grants on behalf of the city:
Metro Cali for Projects Cycle .2015
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Senior Bus vehicle Replacement
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Infrastructure Engineers, a IE3ow:man company Municipal Engineering Services I November 9, 2023 Ao
S bconsult,w nits
AVANT -4r RDE:.. GRANTS, FUND y,AN R GIE, ENT AND LABOR CO.! 'PLLA; !CIE Avant -Garde is a long-time collaborator with IIE,, providing grant. writing, fund management and labor compliance for projects in accordance with pollicy and procedural requirements,They are experts in determining eligible projects, and managing ciity. .funding programs. Avant -Garde also provides public relations coordination, community outreach efforts and community relations, focus group moderation in English and Spanish„ Ibuisines's development and corporate event pltaairhniirhg.
DENNIS J NDA INC.- LAND SURVEYING
Dennis Janda,1ncC. OICtJII) is a private corporation providing land surveying and mapping services and is Certified Small Business Enterprise in: tlhe state of Callifornia.The owners and rnan.agers of Di have worked tocge he:r for both public and private sectors clients:, throughout Southern California since 1997. DJI's core staff has their roots in the traditional disciplines of iimd planning., civil engineering, land surveying and mapping :Irwin ly working can development and public works projects throughout California, this experience using and participating iin the evolution of surveying and mapping practices has h&iper! in their ability to contribute in time and cost saving practices and processes from project conception through the development, to recording. Uipoirh this foundation D ll added a diverse team of iprofes:sion.aais using tlhe (best use of equipment and technology to contribute to their client's specific project goals and schedules.
ASS "CII:'r'TED SOILS ENGINEERING, IIII + o... GEOTECHNICAIL, ENGINEERING for more than 33 years.. Associated :Soils Engineering., Inc. (A.S:E) his provided geoteclhnicaal design, geology„ and material and constnucction testing services throughout southern C..aaiifomia.Thefr in -(house (laboratory is one .oftlhe most complete and efficient in the industry, ASE 'provides :services to a 'vast range of clients Including private Industrial and commercial owners, city and county public works, residential home builders, architects., construction managers, school districts .and universities, DIANA RESOURCES, INC. m TECHNICAL s'TuIIAIES
HANA Resources, IInc.'fl{AINA) Is a full -service multidisciplinary environmental consulting firm that serves public and private sector clients throughout the united States. With its (patented and proprietary technology;. HANA applies :scientific expertise, experience, initiative, and innovation to natural resource management Their goal is environmental 'silrrnplici'ty: iiE will r;atifeze HANA for various technical studies.
C BEIL: I':, r Ifs i ''1'HOL,III1Vf
C €3elow provides hi hlly trained professionals and state-of-the-art equipment for all of their underground utility locating irwestug,atioins to 'provide the best service' possible, Their core serv€c.es include Subsurface Utility invest j..,ationis,, Vacuum Excavation and Utility IDepktiion,They also ofFeir all of time support services to make them a one soap shop:, saving clients tiiirnme and money.. C Blow's underground utility l,ocat:ion service features the capability to locate metallic air'd nonmetallic utilities underground. Electrical, Communication, Water, Gas, Sewer and Storm Drain.They also specialize in locating r'einfordng steTei,. post -tensioned and pre -tensioned cables and conduits in concrete and masonry structures, Each new C (Bellow ilea( member is trained in ail company processes before they are staffed on pirojlec:ts.The result its Potholers that can locate utilities and have a greater understanding of a clien't's needs:Ms offers cli'e'nts another key benefrt as well, less dry holes,. When (pothole locations are marked out using Inaccurate information,. the e:hances of spending a full day iinthe field witch:ouut,:ompVete result's are very high:: C IEaelow's technicians are trained to assess tlhe situation before potholing begins.This }process can save time and money on a clients project by (hitting theirtarget the first time. infrastructure IE:.rngineers,, a Bowman company I Municipal Engineering Services I November .2023 109
S >> bconsultants
O'TYTRAFFIC COUNTERS (CTC) - TRAFFIC K COUNTS
City Traffic Counters (CTC) wiillf provide Traffic Counts. Overall CTC provides:a wide range of services that. include 24 Hour Automatic Machine Count ..• Hour Vehicle Speed Profile Sampling, Intersection 'Turning P,Ncrverent Counts, Parking Occupancy Counts, Neighborhood Speed Counts, Radar Spot Speed Surveys„ 'Intersection Configuration Layout, Bikes / (Pedestrian Crosswalk Counts, Vehicle Classificatiora Counts and Transit Ridership / Occupancy Survey.
OPTIONAL SERVICE: INFRASTRUCTURE ARCHITECTS
infrastructure Architects., Inc. (Arch) was incorporated in 2017 in. the state of C_alifornia...The Ifuiiclarroerutall line of business for infrastructure A,irclhitect is facilities for Irrt.uinicipal'uties. iiArch has successfully worked with several murolcupaVuties helpiroq with design of new parks, renovating and upgrading existing parks, planning sand designing concepts for community centers,. senior centers, retrofitting and (tenant improvements for re -purposing the:; city offices, designing iraew and retrofitting existing restiroorn facilities, roof and IHV;AC renovations and other types of facilityfor municipalities. A small portion of their woirk.invollv'es developers and national corporation such: as Chevron and Shell coirporations.'Vheur staff i.s made of seasoned professionals that have many years of experience working with municipalities and private devellopers.They taike pride in partnering with the municipalities to create a better condition for the city residents as that is their ultimate goal and acconrvplish.me.nt.. Their oIG•I•ectiive is to create a positive change anywhere that they provide their professional services.. infrastructure Engineer's, ,u Bowman company I Municipal Engineering Services I November 9„ 2023
Wh We Are
Infrastructure Engineers, a Bowman company's mission is to provide professional engineering,. planning, environmental and municipal services to cities and counties throughout Southern and Central California., As a results driven engineering service provider focused on public sector assignments, infrastructure Engineers, a Bowman c.orrnpany provides services that include civil design, construction management, traffic engineering, community development planning, environmental services, water /wastewater einry. ineerinq,and staff augmentation for municipal and state agencies, ur History
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• Construction Management
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Municipal
industrial
Water /Wastewater
Tech noiogy / Data Centers
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• PariG & Recreation
infrastructure Engineers, a Bowman company I Municipal Engineering Services November 9, 202.3
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Team embers
With more than 80 offices nation'uuide, we
continue to add staffservices, and locations to
continue to provide the best development and
infrastructure services to our clients.
1,900+ Employees
120+ Fully Equipped Field Survey Crews
300+ Professionall Engineers
60+ Professional Surveyors
100+ Right -of -Way and Land Profe.ssionaals
13 Environmental Specialists
90+ Planners and Designers
20+ Registered Landscape Architects
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.Zweig Group - Hot Firm's List - #9 (2023)
Engineering News Record
#87 -Top 500 (Design Firms (20:23)
#69 --Top 500 Design Firms Pure Designers (202.3)
#22 Mid -Atlantic - Top Design Firms (2023)
#44 •- Southeast -Top Design Firms (202.3)
#78 - New York --Top Design Firms (20.2:3)
#air' -Texas & Louisiana --Top Design Firms (2023)
(National Business Journals
#8 -Washington IE3us...lcau.arnal Largest Engineering Firm: (20.23) # - Washington !E3tt:s. Souri mall Largest Landscape ,Architecture (2023) #18 - Louisville Business First Largest Engineering firm (2023) #12 - Philadelphia Business journal Largest Engineering Firm (2023) #17 - Phoenix Business Journal Largest Engineering Firm (2023) #42 - Dallas Business journal Largest Engineering Rim (2.0.23) MEP Giants #V8 (2022.)
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Infrastructure Engineers, a Bowman company [ Municipal Engineering Services I November 9,.2O23 112
a"..ctolber 16, 2023
Addendum
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REQUEST FOR PROPOSALS
FOR
MUNICIPAL ENGINEERING SERVICES
ADDENDUM N.O. 1
Thies addendum is being issued for the R.l QLIIEST FOR PROPOSALS FOR MUNICIPAL
ENGINEERING SERVICES
Submit a pr}cupr sat for these services with the full understanding and flail consideration of this addendum,
This addendum is being issued to make the following changes:
1 The Proposal submittal deadline is extended from 5:00 P.M. man Thursday,. October 26, 211123 is 5:00 P„M. on Thursday, November 2, 20023„
.r:. In the Submittal Pr cediuire:s/Deadiiune section, the tentative ;schedule is revised to read ;as fclllowa:
t eierase of R P 1"uesdry, October 10 2023
Deadline for Questions T.hursday, October 19 20:2..3 @ Ra 00 p nn Response tla Oriwstuoms .. . . Thursday, October 26,x023 Proposal Due gate : Thursday, November 2, 2023 X00 p n::
Interviews with Proposers of necessary Tuesdri„y, November 141, 2023 I City Council Rer,.ommendatuon of,Award Mlonday, December 11, 2023 :3, ill the Method of Compensation section, 'Traffic Engineer Retainer" is revised to dead 'As -Needed Traffic Engineer," and the corresponding Compensation Method for thus Work Item is revssr:rCI from "IL,u;lmp sum per rmranth" to "Hourly uirlly rates." SIrncwtnelyl,
Berner d`c lnAgue:
Director of Public WorksfFacliitios
The proposer shall individually identify and acknowledge receipt of this addendum by signing and enclosing a copy ru1' this forma in his,r4ser proposal submittai. Failure to do so may result in disqualification of hiisdhsr proposal
10/17/23
Signature of Proposer Date.
Infrastructure Engineers, a Bowman company
Proposer Firm Name and Address
3060 Saturn Street, #250, Brea, CA 92821
Infrastructure Engineers„ a Bowman company j Municipal Engineering Services November 9, 2023 113
Ad um (cunt.)
CITY OF BELLGARDEN
PUBLIC WORKS DEPARTMENT
s
8327 GARIE'IE:LDA'ENUIF M BELL GARDENS, CALIFORNIA 9-0201-6122 (562) 80677'70 FAX (562) 06-7789 m WNW. 0ELL A.RDI :NS.oRa
REQUEST FOR PROPOSALS
FOR
MUNICIPAL ENGINEERING SERVICES
ADDENDUM NO. 2
October 30, 2023
This addendum is being issued for the REQUEST FOR PROPOSALS FOR MUNICIPAL ENGINEERING SERVICES.
Submit a proposal for these services with the full understanding and full consideration of this addendum.
A. This addendum is being issued to make the following changes:
1. The Proposal submittal deadline is extended from 5:00 P.M. on Thursday, November 2, 2023, to 5:00 P.M. on Thursday, November 9, 2023.
2. In the Submittal Procedures/Deadline section, the tentative schedule is revised to read as follows:
Release of RFP
Tuesday, October 10, 2023
Deadline for Questions
T
Thursday, October 19, 2023_
Monday, October 30, 2023
5:00 p m.
Response to Questions
Proposal Due Date
Thursday., November 9, 2023
Tuesday, November 21, 2023
a5:00 p.m. __._
Interviews with Proaosers, if necessary
City Council Recommendation of Award
Monday, December 11, 2023
B. This addendum is being issued to incorporate the following Questions and Answers ("Q&A") into the RFP:
1. Q: Are firms required to submit a response for all the services (entire scope of work) or may they choose which service areas to respond to? We understand that it is the intent of the City to select a single Consultant to provide services? A: As stated irr the R.F"f ,' it ,is the intent of the City to select a single Consultant to provide the requested municipal eragrnreri g services.: however., the City reserve. the right to select one or more Consultants nts to provide as••nee,- tied municOaf engineering services through this REPFirms may choose which Scope of Work categories to respond to; however, the City's preference is to select one firm (i.e., Me same firm) to provide the services under Scope of Work categories A. (City Engineer Retainer), £B. (As -Needed Traffic Engineer), C. (Rcthtfc Works Permit Pagel of4
Infrastructure Engineers, a Bowman company Municipal Engineering Services I November 9, 2023. -114
Addendum (c
Y)
Addendum No. 2
RFP for Municipal Engineering Services
Management and Inspection), D, (As -Needed Water Engineer), E. (As -Needed Development Engineer), and far,. (NPDES atornwat'er Compliance Consultant Services). The City may select one or more firms to provide the services under Scope of Work category F (As - Needed Public Works/DP l:�roject Design, Project A4anagenent & Administration, Funding A'1'anagement, Construction Iteranagement Construction Inspection, and Labor Compliance Services).
2. Q: Our firm is unfamiliar with and has never been subjected to a fee structure that is based on a percentage of average construction low bid results. Please consider revising the method of compensation for As Needed Public Works I CIP Design, Project Management & Administration, Funding Management, Construction Management, Construction Inspection and Labor Compliance Services to Hourly rates, not -to -exceed a. negotiated scope and allowance. The City's determination on this item may affect our ability to propose.
A: Submit a proposal in accordance with the REP Method of Compensation and Proposal Format and C;ont nt Requirements sections.
3. Q: Can firms submit on some parts of the scope, or does the City want only comprehensive proposals for all scope items?
A: Refer to Answer to Question 1.
4. Q: How many contracts will be issued?
A: Unknown at this three,
5. Q: Is there any way for a further extension for the RFP due date — preferably to late November?
A: Refer to Section A.1 of this addendum.
6. Q: Would the City consider an electronic only submittal rather than hard copy? A: Proposer must submit ,a proposal in accordance with the REP Submittal Procedure,s'Deadline section.
7. Q: Should Attachment "B" —Acknowledgement of City's standard form Agreement be included with the proposal?
A: Yes.
8. Q: Does the City envision that this contract could be used to acquire support staff? Many other cities use the On -Call contract as a means of pulling in outside support staff when that need arises. Having staff support as a part of the On -Call RFPs not only gives flexibility but catalyzes competition that results in lower billing rates for those staff as well.
A: As stated in the REP, the City i, seeking proposals for various as -weeder Le.., on -call, municipal engineering services,
infrastructure Engineers, a Bowman company MLinidp&i Engineering Services I'November 9,.202y.3 415
A r e ' (c
Addendum No. 2
RFP for Municipal Engineering Services
Page3of4
9. Q: The RFP mentions that the City has used private firms in the past for the services mentioned in the scope. What firms did the City use? Could the City share any estimate based on the historic data about the total number of personnel proposed or working currently along with the hourly rate and spending done on contract?
, The City has pmviousty contracted with Willdan and currently contracts with Infrastructure, Engineers, previously known as A.dvanrced Applied Engineering, k r rl rtir.'rtCa f engineering services.
10. Q: How many firms is the City planning on selecting? Is there a preference for firms who can provide all services listed in the scope?? A: The number of firms is tirtknown at this time. As .stated in the PPP,' it is the intern of the City to select k ct a sirs jle Consultant to provide the requested municipal errgrnee rrrrg services; however; the arty reserves the right to s dl :ct one or more Consultants to prat idea ass-ne;caded municipal engineering services thr' iph this RFP
11.Q: Please specify the total budget allocated for this contract? A: The total budget allocated for this contract is unknown at this time since the number of Capital Improvement Program projects will vary; and the City has not determined how many contracts will be awarded.
12. Q: Do the services need to be delivered onsite or is there a possibility for remote operations and performance?
A: Services will be delivered ora slle and remotely. Refer to the RFP Scope of Work section.
13.Q: Please specify the anticipated start date of the project.
A.: The anticipated effective date tor the professional services agreement is December 11, 202:3.
14.Q: Are escalations to hourly rates allowed?
A. As part of their proposal proposers may request an annual adjustment to the hourly rates after the initial year, not to exceed the percentage change in the Cc}r?sumer Price Irrdex for All Urban Consumers, Los Arngelas area, fib the 12 -month perbd ending September irr7irrediatc ly preceding £hae agreement anniversary date. Any adjustment to the hourly rates would take effect on JaanLary Vt each year.
15, Q: Are there any CaIPERS concerns we should be aware of? A. The c; ntracted irrn(s)) shall he rc,sponsible for arey salaries and benefits of their- respective employees as a dired result of providing the contracted municipal engineering services contained in this REP,including any pension liabilities for employees of the firm(s). 'The ccorrttaccted firrra(s) shall not use any Ca&PER 3 retirees for any of the services contained in this RFP infrastructure Engineers, a Bowman company] f Municipal Engineering Services E Novemcber:9,, 2023
A
den
um (co
t
Addendum No. 2
RFP for Municipal Engineering Services
16. Q: Can firms apply for a portion of a category? For instance, Category F lists Project Design, Project Management & Administration, Funding Management, Construction Management, Construction Inspection, and Labor Compliance Services. Are we able to provide just project management services, or are we required to fulfill all services listed in the category? A: Firms are r quinid to fulfill all services fisted within a respective category.
17.Q: Since some of the scope is for as -needed services and positions, how does the City recommend listing out deliverables needed and creating a work plan showing proposed hours for each retainer service as required in section 2:
Methodology of the Proposal Format and Content Requirements.
A: it is up the proposer to provide a rnethcxfoki'gy to address the components in the Scope of Work.
18.Q: Is there any special consideration given to small or disadvantaged businesses?
A.: No.
Proposers who have already submitted their proposal will be contacted to arrange for return of their proposal.
Bernardo Iniguez
Director of Public Works/Facilities
The Proposer shall individually identify and acknowledge receipt of thisaddendum by signing and enclosing a copy of this form in their proposal submittal. Failure to do so may result in disqualification of their proposal.
10/31123
Signature of Proposer Date
Infrastructure Engineers, a Bowman company 3060 Saturn Street, Suite 250, Brea, CA 92821 Proposer Firm Name and Address
infrastructure Engineers, a IEtcwnnen company I Municipal Engineering I November 9,-2023 -t 'I 7
PSA Ackno edgment
ACKNOWLEDGEMENT OF CITY'S STANDARD FORM OF AGREEMENT
I, the undersigned, certify that I, Sid Mousavi [insert name] am the Senior Principal [insert title] of infrastructure Engineers, a Bowman company [insert firm name], the party making the proposal for award of an agreement for ENGINEERING SERVICES ("Proposer') and, on behalf of the Proposer, hereby:
Accept City's Standard Form of Agreement — check one box.
V'As is, without qualifications or modifications.
❑ As modified by attachment. [Proposer to provide]
I certify that I am authorized to sign this Consent Form on behalf of the Proposer.
Executed this 17th day of October , 2023 at Brea California.
Signature of Officer Printed/Typed Name of Officer
Sid Mousavi Title of Officer Senior Principal
44 Infrastructure Engineers, rs, a Bowman company Municipal Engineering Services November 9,.202_3
4 INFRA.F'T'RUOTUIRE
44, E iG1NEERS
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AWRIRIJ
CERTIFICATE OF LIABILITY INSURANCE
DATE ESIMIIAYYYYYh
1210812023
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 NTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REIw i` ESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IIfIIPORTANT: Nth* cerrtlflcste holder is en ADDITIONAL INSURED. the pollcy(fots) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION lit 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 ondorsentent(s):
I tCSR 'C C7 Car'ficate Department
NAM
Klein Agency, LLC
P.O. Box 219
MD 21064
Pkiait iLo' �' (410)332-7-+!'0
Ammar ceetalttlleinsgency llc.c m
No):
(410) 832-1849
IIM fI A:
mraunestr a Travelers indemnity Co.. of Am
INSURZNI y AFFORDING OM/ERASE
Charter Oak Fire Insurance Co
NA
25615
ID
Bowmen Infrastructure Engineers LTD
3060 Susan Street, Suite 250
Brea CA 92821
25686
INSURER
Travelers Property Casualty Co. of America
25674
Nrr,URER D :
Berkshire Hathaway Specialty Insurance
Beezley Ins ram* Company
22276
INSURER E
7540
PIaIIRER E
COVERAGES CERT'I':YCATE BEL 23-24 raastrua4tlw En6. REVISION NUMBER:
THIS IS TO CETifIIYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED WED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OFANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 7STi0L suart POLICY PPF POLICY FIE
INED Wvp POLICY MU I ER (IrArFDEVYYvY) .(Iwallilfr1IVVYY) LTR
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LIMITS
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$
COMBINED SINGLELAIR
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$ 2,000,000
AUTOMOBILE LIABILITY
ALIYAIITO
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FOND
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i °' I NIA t1A6J317115
Primary Professional & Pollution Liab
D1E Excess Professional & Pollution Limb
47-EPP-3
I:'a•,
-01
08131/2023
08/31/2023
STATUTE T
03/3112024 EL' EACI1 ACCIDENT
Si. DISEASE - EA EMPLOYEE $ 1°G°15,
E.L. DISEASE -POLICY liMIT S i
Each £1dm/Aguegate
1/2024 Excess Each Claim/Ages:
$5,
$5,
1,000,000
t
000
000
DESCRIPTION OF OPERATIONS 'LOCATIONS r VEtfICLE1S (ACOFD MMt, Additional Peso rks Schedule, maybe staso ed E more apace Is i ubsdj (Endo s ments 060804, C¢ 3414, G0379, CAFI29, CAT474 WC000313 are attached. if required by en Insured written contract, executed prior to arty lass, City of Bell Gardens, Its aficns, employees, agents and volunteers are an Additional Insured on a primary and non-contrbutory basis under the General and Auto Liability P icies, if required by an Insured written contract, executed prior to any Voss, Waiver df Subrogation is provided for General, Aut), and 1fLforkers Compensation Policies. Umbrella Policy follows form over General, Auto, end Employees Liability Policies. 30 day Nolte of cannetebon,10 day for non-payment.
CERTIFICATE HOLDER
CANCELLATION
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens
CA 90201
SHOULD ANY OF THE. ABOVE DESCRIED POLSDIES SE CANCELLED WORE THE WItRATION DATE 'T OF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED ZED REPRESENTATrvE
ACORD 25 (2018113).
® 19184015 ACORD CORPORATION.,
The ACORD name and I ,, , o are registered marks of ACORD
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
VIRGINIA BUSINESS AUTO COVERAGE
EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A. BROAD FORM NAMED INSURED
B. BLANKET ADDITIONAL INSURED
C. EMPLOYEE HIRED AUTO
D. EMPLOYEES AS INSURED
E. SUPPLEMENTARY PAYMENTS — INCREASED
LIMITS
F. HIRED AUTO — LIMITED WORLDWIDE
COVERAGE — INDEMNITY BASIS
G. WAIVER OF DEDUCTIBLE — GLASS
PROVISIONS
A. BROAD FORM NAMED INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II — COVERED AUTOS
LIABILITY COVERAGE:
Any organization you newly acquire or form
during the policy period over which you maintain
50% or more ownership interest and that is not
separately insured for Business Auto Coverage.
Coverage under this provision is afforded only
until the 180th day after you acquire or form the
organization or the end of the policy period,
whichever is earlier.
B. BLANKETADDITIONAL INSURED
The following is added to Paragraph c. in A.1..
Who Is An Insured, of SECTION II — COVERED
AUTOS LIABILITY COVERAGE:
This includes any person or organization who you
are required under a written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily injury" or "property damage" occurs and
CA F1 29 03 21
H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF
USE — INCREASED LIMIT
I. PHYSICAL DAMAGE — TRANSPORTATION
EXPENSES — INCREASED LIMIT
J. PERSONAL EFFECTS
K. AIRBAGS
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
M. BLANKET WAIVER OF SUBROGATION
that is in effect during the policy period, to name
as an additional insured for Covered Auto Liability
Coverage, but only for damages to which this
insurance applies and only to the extent that
person or organization qualifies as an "insured"
under the Who Is An Insured provision contained
in Section II.
C. EMPLOYEE HIRED AUTO
1. The following is added to Paragraph A.1.,
Who Is An Insured, of SECTION II —
COVERED AUTOS LIABILITY COVERAGE:
An "employee" of yours is an "insured" while
operating an "auto" hired or rented under a
contract or agreement in an "employee's"
name, with your permission, while performing
duties related to the conduct of your
business.
2. The following replaces Paragraph b. in B.S.,
Other Insurance, of SECTION IV —
BUSINESS AUTO CONDITIONS:
b. For Hired Auto Physical Damage
Coverage, the following are deemed to
be covered "autos" you own:
O 2021 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL AUTO
(1) Any covered "auto" you lease, hire,
rent or borrow: and
(2) Any covered "auto" hired or rented by
your "employee" under a contract in
an "employee's" name, with your
permission, while performing duties
related to the conduct of your
business.
However, any "auto" that is leased. hired,
rented or borrowed with a driver is not a
covered "auto".
D. EMPLOYEES AS INSURED
The following is added to Paragraph A.1., Who is
An Insured, of SECTION II — COVERED AUTOS
LIABILITY COVERAGE:
Any "employee" of yours is an "insured" while
using a covered "auto" you don't own, hire or
borrow in your business or your personal affairs.
E. SUPPLEMENTARY PAYMENTS — INCREASED
LIMITS
1. The following replaces Paragraph A.2.a.(2),
of SECTION II — LIABILITY COVERAGE :
(2) Up to $3,000 for cost of bail bonds
(includi€ng bonds for related traffic law
violations) required because of an
"accident" we cover. We do not have to
furnish these bonds.
2. The following replaces Paragraph A.2.a.(4),
of SECTION II — LIABILITY COVERAGE :
(4) All reasonable expenses incurred by the
Insured" at our request. including actual
foss of earnings up to $500 a day
because of time off from work.
F. HIRED AUTO -- LIMITED WORLDWIDE
COVERAGE — INDEMNITY BASIS
The following replaces Subparagraph (5) in
Paragraph B.7., Policy Period, Coverage
Territory, of SECTION IV — BUSINESS AUTO
CONDITIONS:
(5) Anywhere in the world, except any country or
jurisdiction while any trade sanction,
embargo, or similar regulation imposed by the
United States of America applies to and
prohibits the transaction of business with or
within such country or jurisdiction, for
Covered Autos . Liability Coverage for any
covered "auto" that you lease, hire, rent or
borrow without a driver for a period of 30
days or less and that is not an "auto" you
lease, hire. rent or borrow from any of your
"employees". partners (if you are a
partnership), members (if you are a limited
liability company) or members of their
households.
(a) With respect to any claim made or "suit'
brought outside the United States of
America, the territories and possessions
of the United States of America, Puerto
Rico and Canada:
(i) You must arrange to defend the
"insured" against, and investigate or
settle any such claim or "suit" and
keep us advised of all proceedings
and actions.
(Ii) Neither you nor any other involved
"insured" will make any settlement
without our consent.
(ill) We may, at our discretion, participate
in defending the "insured" against, or
in the settlement of, any claim or
"suit".
(iv) We will reimburse the "insured" for
sums that the "insured" legally must
pay as damages because of "bodily
injury" or "property damage" to which
this insurance applies, that the
"insured" pays with our consent, but
only up to the Iirnit described in
Paragraph C., Limits Of Insurance, of
SECTION H — COVERED AUTOS
LIABILITY COVERAGE.
(v) We will reimburse the "insured" for
the reasonable expenses incurred
with our consent for your
investigation of such claims and your
defense of the "insured" against any
such "suit", but only up to and
included within the limit described in
Paragraph C., Limits Of Insurance, of
SECTION II — COVERED AUTOS
LIABILITY COVERAGE, and not in
addition to such limit. Our duty to
make such payments ends when we
have used up the applicable limit of
insurance in payments for damages,
settlements or defense expenses.
(b) This insurance is excess over any valid
and collectible other insurance available
to the Insured" whether primary, excess,
contingent or on any other basis.
Q 2021 The Travelers Indemntty Company. NI ruts reserved.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
CA F1 29 03 21
COMMERCIAL AUTO
(c) This insurance is not a substitute for
required or compulsory insurance in any
country outside the United States, its
territories and possessions, Puerto Rico
and Canada.
You agree to maintain all required or
compulsory insurance in any such
country up to the minimum limits required
by local law. Your failure to comply with
compulsory insurance requirements will
not invalidate the coverage afforded by
this policy, but we will only be liable to the
same extent we would have been liable
had you complied with the compulsory
insurance requirements.
(d) It is understood that we are not an
admitted or authorized insurer outside the
United States of America, its territories
and possessions, Puerto Rico and
Canada. We assume no responsibility for
the furnishing of certificates of insurance,
or for compliance in any way with the
laws of other countries relating to
insurance,
G. WAIVER OF DEDUCTIBLE — GLASS
The following is added to Paragraph D.,
Deductible, of SECTION III — PHYSICAL.
DAMAGE COVERAGE:
No deductible for a covered "auto" will apply to
glass damage if the glass is repaired rather than
replaced.
H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF
USE — INCREASED LIMIT
The following replaces the last sentence of
Paragraph A.4 b., Loss Of Use Expenses, of
SECTION III — PHYSICAL DAMAGE
COVERAGE:
However, the most we will pay for any expenses
for loss of use is $65 per day, to a maximum of
$750 for any one "accident".
I. PHYSICAL DAMAGE — TRANSPORTATION
EXPENSES — INCREASED LIMIT
The following replaces the first sentence in
Paragraph A.4.a., Transportation Expenses, of
SECTION HI — PHYSICAL DAMAGE
COVERAGE:
We will pay up to $50 per day to a maximum of
$1,500 for temporary transportation expense
incurred by you because of the total theft of a
covered "auto" of the private passenger type.
CA F1 29 03 21
J. PERSONAL EFFECTS
The following additional coverage is added to
Paragraph A.4., Coverage Extensions, of
SECTION III -- PHYSICAL DAMAGE
COVERAGE:
Personal Effects
We will pay up to $400 for "loss" to wearing
apparel and other personal effects which are:
(1) Owned by an "insured"; and
(2) In or on your covered "auto"_
This coverage applies only in the event of a total
theft of your covered "auto".
This Personal Effects limit does not apply to
"loss" to the covered "auto" or its equipment.
No deductibles apply to this, Personal Effects
coverage.
K. AIRBAGS
The following is added to Paragraph 8.3.,
Exclusions, of SECTION llt — PHYSICAL
DAMAGE COVERAGE:
Exclusion 3.a. does not apply to "loss" to one or
more airbags in a covered "auto" you own that
inflate due to a cause other than a cause of "loss"
set forth in Paragraphs A.1.b. and A.1.c., but
only:
a. If that "auto" is a covered "auto" for
Comprehensive Coverage under this policy;
b. The airbags are not covered under any
warranty; and
c. The airbags were not intentionally inflated.
We will pay up to a maximum of $1,000 for any
one "loss".
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
The following is added to Paragraph A.2.a., of
SECTION IV — BUSINESS AUTO CONDITIONS :
Your duty to give us or our authorized
representative prompt notice of the "accident" or
"loss" applies only when the "accident" or "loss" is
known to:
(a) You (if you are an individual);
(b) A partner (if you are a partnership);
(c) A member (if you are a limited liability
company);
(d) An executive officer, director or insurance
manager (if you are a corporation or other
organization); or
2021 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL. AUTO
(e) Any "employee" authorized by you to give
notice of the "accident" or "loss".
M. BLANKET WAIVER OF SUBROGATION
The following is added to Paragraph A.5.,
Transfer Of Rights Of Recovery Against
Others To Us, of SECTION IV — BUSINESS
AUTO CONDITIONS:
We waive any right of recovery we may have
against any person or organization to the extent
required of you by a written contract signed and
executed prior to any "accident" or "loss",
provided that the "accident" or "loss" arises out of
operations contemplated by such contract. The
waiver applies only to the person or organization
designated in such contract.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
CA Fl 29 03 21
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - PRIMARY AND
NON-CONTRIBUTORY WITH OTHER INSURANCE
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
PROVISIONS
1. The following is added to Paragraph A.1.c., Who
Is An Insured, of SECTION II — LIABILITY
COVERAGE:
This includes any person or organization who you
are required under a written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily injury' or "property damage" occurs and
that is in effect during the policy period, to name
as an additional insured for Liability Coverage,
but only for damages to which this insurance
applies and only to the extent of that person's or
organization's I€ability for the conduct of another
"insured".
CAT4740817
2. The following is added to Paragraph B.5., Other
Insurance of SECTION IV — BUSINESS AUTO
CONDITIONS:
Regardless of the provisions of paragraph a. and
paragraph d. of this part 5. Other Insurance, this
insurance is primary to and non-contributory with
applicable other insurance under which an
additional insured person or, organization is the
first named insured when the written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily injury" or "property damage" occurs and
that is in effect during the policy period, requires
this insurance to be primary and non-contributory.
2016 The Travelers Indemnity Company. AI rights reserved.
Indudes copyrighted material of Insurance Services Ogee, Inc. with its permission.
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - AUTOMATIC STATUS
IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following is added to SECTION II — WHO IS AN
INSURED:
Any person ororganization that:
a. You agree in a written contract or agreement to
include as an add€tional insured on this Coverage
Part; and
b. Has not been added as an additional insured for
the same project by attachment of an endorse-
ment under this Coverage Part which includes
such person or organization in the endorsement's
schedule;
is an insured, but:
a. Only with respect to liability for "bodily injury" or "property damage" that occurs, or for "personal
injury" caused by an offense that is committed,
subsequent to the 'signing of that contract or
agreement and while that part of the contract or
agreement is in effect; and
b. Only as described in Paragraph (1), (2) or (3) be-
low, whichever applies:
(1) If the written contract or agreement specifical-
ly requires you to provide additional insured
coverage to that person or organization by
the use of:
(a) The Additional Insured — Owners, Les-
sees or Contractors — (Form B) endorse-
ment CG 20 10 11 65; or
(b) Either or both of the following: the Addi-
tional Insured — Owners, Lessees or Con-
tractors — Scheduled Person Or Organi-
zation endorsement CG 20 10 10 01, or
the Additional Insured — Owners, Lessees
or Contractors — Completed Operations
endorsement CG 20 37 10 01;
the person or organization is an additional in-
sured only if the injury or damage arises out
of "your work" to which the written contract or
agreement applies;
(2) If the written contract or agreement specifical-
ly requires you to provide additional insured
coverage to that person or organization by
the use of:
CG D6 040219
(a) The Additional Insured — Owners, Les-
sees or Contractors — Scheduled Person
or Organization endorsement CG 20 10
07 04 or CG 20 10 04 13, the Additional
Insured — Owners, Lessees or Contrac-
tors — Completed Operations endorse-
ment CG 20 37 07 04 or CG 20 37 04 13,
or both of such endorsements with either
of those edition dates; or
(b) Either or both of the following: the Addi-
tional Insured — Owners, Lessees or Con-
tractors — Scheduled Person Or Organi-
zation endorsement CG 20 10, or the Ad-
ditional Insured — Owners, Lessees or
Contractors — Completed Operations en-
dorsement CG 20 37, without an edition
date of such endorsement specified;
the person or organization is an additional in-
sured only if the injury or damage is caused,
in whole or in part, by acts or omissions of
you or your subcontractor In the performance
of "your work" to which the written contract or
agreement applies; or
(3) If neither Paragraph (1) nor (2) above applies:
(a) The person or organization is an addi-
t€onal insured only if, and to the extent
that, the injury or damage is caused by
acts or omissions of you or your subcon-
tractor in the performance of "your work"
to whichthe wrtten contract or agree-
ment applies; and
(b) Such person or organization does not
qualify as an addtionai insured with re-
spect to the independent acts or omis-
sions of such person or organization.
The insurance provided to such additional insured €s
subject to the following provisions:
a. If the Limits of Insurance of this Coverage Part
shown in the Declarations exceed the minimum
limits required by the written contract or agree-
ment, the insurance provided to the additional in-
sured will be limited to such minimum required
limits. For the purposes of determining whether
2017 The Travelers Indemnity Company. Ali rights reserved. Page 1 of 2
COMMERCIAL GENERAL LIABILITY
this limitation applies, the minimum limits required
by the written contract or agreement will be con-
sidered to include the minimum limits of any Um-
brella or Excess liability coverage required for the
additional insured by that written contract or
agreement. This provision will not increase the
limits of insurance described in Section III — Limits
Of Insurance.
b. The insurance provided to such additional insured
does not apply to:
(1) Any "bodily injury', "property damage" or
"personal injury" arising out of the providing,
or failure to provide, any professional archi-
tectural, engineering or surveying services,
including:
(a) The preparing, approving, or failing to
prepare or approve, maps, shop draw-
ings, opinions, reports, surveys, field or-
ders or change orders, or the preparing,
approving, or failing to prepare or ap-
prove, drawings and specifications; and
(b) Supervisory, inspection, architectural or
engineering activities.
(2) Any "bodily injury" or "property damage"
caused by "your work" and included in the
"products -completed operations hazard" un-
less the written contract or agreement specifi-
cally requires you to provide such coverage
for that additional insured during the policy
period.
c. The additional insured must comply with the fol-
lowing duties:
(1) Give us written notice as soon as practicable
of an "occurrence" or an offense which may
result in a claim. To the exdenl possible, such
notice should include:
(a) How, when and where the "occurrence"
or offense took place;
(b) The names and addresses of any injured
persons and witnesses; and
(c) The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
(2) If a claim is made or "suit" is brought against
the additional insured:
(a) Immediately record the specifics of the
claim or "suit" and the date received; and
(b) Notify us as soon as practicable and see
to it that we receive written notice of the
claim or "suit" as soon as practicable.
Immediately send us copies of all legal pa-
pers received in connection with the claim or
"sud", cooperate with us in the investigation
or settlement of the claim or defense against
the "suit", and otherwise comply with all policy
conditions.
(4) Tender the defense and indemnity of any
claim or "suit" to any provider of other insur-
ance which would cover such additional in-
sured for a loss we cover. However, this con-
dition does not affect whether the insurance
provided to such additional insured is primary
to other insurance available to such additional
insured which covers that person or organiza-
tion as a named insured as described in Par-
agraph 4., Other Insurance, of Section IV —
Commercial General Liabiliy Conditions.
(3)
® 2017 The Travelers Indemnity Company. All rights reserved.
CG D6 04 02 19
COMMERCIAL GIENERAL LIABILITY
THIS END
I I I I
RSEMENT CHANGES THE POLICY. III L ,ASE READ IT CAREFULLY.
KET ADDITI NAL INSUREP WRIT°EN
C NTRACTS (A CHITEC S9 ENGINEERS AND
SURVEY" 'I° S)
, I I I
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. The f'Mowing is added to SECTION IIUI _ I IO IS
AN INSURED:
Any person or organization that you agree in a
"written contract requiring insurance" to include as
an additiona I insured on this Coverage IPairts but:
a. Only with respect to liability for "bodilly injury", "property damage" or "personal injury+": and
b. IIf, and only to the extent that. the injury or
damage is caused by acts or omissions of
you or your subcontractor in the performance
of "your work" to which the "written contract
requiring insurance" applies. The person or
organization does not qualify as an additional
insu.uu d with respect to the independent acts
car omissions of such (person or organization .
The insurance prov id' to such additional insured
is limited as follows:
c. In the event that the Limits id insurance of
this Coverage Part shown in the Declarations
exceed the limits of liability required by the
"written contract requiring insurance", the in-
surance provided to Ir, additional insured
shall be ti mit»r to the limits wl liability required
by that "written contract requiring insurance".
This endorsement shalt/ new' l increase the Ili rnirts
of insurance described in Section UIVi w- Limits
Of Insurance.
dl. This insurance does rot apply to the render-
ing of or failure to render any "pr«fessiional
services" or construction management errors
or a missions.
e. This insurance does next apply to "'by "Hy in-
jury' or "property damage' caused try "your
work" and included in the "products -
completed operations hazard" unless the
"written contract requiring insurance" specifi-
caily requires you to provide such coverage
for r ,at additional insured, and then the insur-
ance provided to the additional insured ap-
CG 14114 0ti'i4 OS
0 zg
plies onlly to such "bodily injury" or "property
damage" that occurs before the end of the pe-
riod of tirne for which the "written contract re-
quiring insurance" requires you to provide
such coverage or the end of the pw" icy period.
whichever is earlier.
2. The following is added to Paragraph 4. w;SEC-
TION IV — COIVI VIER.C:IAL GENERAL L.UABILI1Y
CONDITIONS:
The insurance provid to the additional insured
is excess over any valid and collectible "other in-
surance", whether primary, excess, contingent car
on any other basis, that is available to the addi-
tional insured for a (loss we cover, However, if you
specifically agree in the "written contract requiring
insurance" that this insurance provided to the ad-
ditional insured under this Coverage Part must
apply on a primary basis or a primary arid non-
contributory basis, this insurance is primary
"other insurance" available to the additional in-
sured which covers that person or organization as
a named insured for such (loss. and we willl not
share with that "other insurance". But this insur-
ance provided the additional insured still is ex-
cess over any valid and coilectibVe "other insur-
ance", whether primary, excess, contingent or on
any other basis. that is available to the additional
ins aired when that person or organization is an
additiorra D insured under any "other insurance".
3. The following is added to SECTION IV — COM-
EIICIAL GENERAL LIABILITY CONDITIONS:
Duties I", An Additional IIIrmsuuu
As a condition of coverage provided to the addi-
tional i sured:
a. The additional insured must give us written
notice as soon as practicable of an "occur-
rence" or an o nse which may result in a
claim. To the extent possible, such notice
shoulld include:
°flteTravelers Corrkparues, Vnc.
COMMERCIAL GENERAL LIABILITY
i. How, when and where the "occurrence"
or offense took place ;
ii. The names and addresses of any injured
persons and witnesses; and
iii. The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
b. If a claim is made or "suit" is brought against
the additional insured, the additional insured
must:
i. Immediately record the specifics of the
claim or "suit" and the date received; and
H. Notify us as soon as practicable.
The additional insured must see to it that we
receive written notice of the claim or "suit" as
soon as practicable.
c. The additional insured must immediately send
us copies of all legal papers received in con-
nection with the claim or "suit". cooperate with
us in the investigation or settlement of the
claim or defense against the "suit", and oth-
erwise comply with all policy conditions.
d. The additional insured must tender the de-
fense and indemnity of any claim or "suit" to
any provider of other insurance which would
cover the additional insured for a loss we
cover. However, this condition does not affect
whether this insurance provided to the addi-
tional insured is primary to that other insur-
ance available to the additional insured which
covers that person or organization as a
named insured.
4. The following is added to the DEFINITIONS Sec-
tion:
"Written contract requiring insurance means that
part of any written contract or agreement under
which you are required to include a person or or-
ganization as an additional insured on this Cover-
age Part, provided that the "bodily injury" and
"property damage" occurs and the "personal in-
jury" is caused by an offense committed:
a. After the signing and e xecution of the contract
or agreement by you;
b. While that part of the contract or agreement is
in effect; and
c. Before the end of the policy period.
© 2008 The Travelers Companies. Inc.
CG D41404 08
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS
AND SURVEYORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITYCOVERAGE PART
GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that c overage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A.
B.
C.
D.
E.
F.
G.
Non -Owned Watercraft- 75 Feet Long Or Less
Who Is An Insured -- Unnamed Subsidiaries
Who Is An Insured - Retired Partners, Members,
Directors And Employees
Who Is An Insured - Employees And Volunteer
Workers - Bodily Injury To Co -Employees, Co -
Volunteer Workers And Retired Partners,
Members, Directors And Employees
Who Is An Insured - Newly Acquired Or Formed
Limited Liability Companies
Blanket Additional Insured - Controlling Interest
Blanket Additional Insured -- Mortgagees,
Assignees, Successors Or Receivers
PROVISIONS
A. NON -OWNED WATERCRAFT - 75 FEET
LONG OR LESS
1. The following replaces Paragraph (2) of
Exclusion g., Aircraft, Auto Or Watercraft,
in Paragraph 2. of SECTION I -
COVERAGES - COVERAGE A - BODILY
INJURY AND PROPERTY DAMAGE
LIABILITY:
(2) A watercraft you do not own that is:
(a) 75 feet long or less: and
(b) Not being used to carry any person
or property for a charge;
2. The following replaces Paragraph 2.e. of
SECTION II - WHO IS AN INSURED:
e. Any person or organization that, with
your express or implied consent, either
CG D3 79 02 19
H.
I.
J.
K.
L.
M.
N.
Blanket Additional Insured - Governmental
Entities - Permits Or Authorizations Relating To
Premises
Blanket Additional Insured - Governmental
Entities - Permits Or Authorizations Relating To
Operations
Incidental Medical Malpractice
Medical Payments - Increased Limit
Amendment Of Excess Insurance Condition -
Professiona I Liability
Blanket Waiver Of Subrogation - When Required
By Written Contract Or Agreement
Contractual Liability - Railroads
uses or is responsible for the use of a
watercraft that you do not own that is:
(1) 75 feet long or less; and
(2) Not being used to carry any person
or property for a charge;
B. WHO IS AN INSURED — UNNAMED
SUBSIDIARIES
The following is added to SECTION II -- WHO IS
AN INSURED:
Any of your subsidiaries, other than a partnership
or joint venture, that is not shown as a Named
Insured in the Declarations is a Named Insured
if:
a. You are the sole owner of, or maintain an
ownership interest of more than 50% in, such
subsidiary on the first day of the policy
period; and
02017 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL GENERAL LIABILITY
b. Such subsidiary is not an insured under
similar other insurance.
No such subsidiary is an insured for "bodily
injury" or "property damage" that occurred, or
"personal and advertising injury" caused by an
offense committed:
a. Before you maintained an ownership interest
of more than 50% i n such subsidiary; or
b. After the date, if any, during the policy period
that you no longer maintain an ownership
interest of more than 50% in such subsidiary.
For purposes of Paragraph 1. of Section II — Who
Is An Insured, each such subsidiary will be
deemed to be designated in the Declarations as:
a. A limited liability company;
b. An organization other than a partnership,
joint venture or limited liability company; or
c. A trust
as indicated in its name or the documents that
govern its structure.
C. WHO IS AN INSURED — RETIRED PARTNERS,
MEMBERS, DIRECTORS AND EMPLOYEES
The following is added to Paragraph 2. of
SECTION tI — WHO IS AN INSURED:
Any person who is your retired partner, member,
director or "employee" that is performing services
for you under your direct supervision, but only for
acts within the scope of their employment by you
or while performing duties related to the conduct
of your business. However. no such retired
partner, member, director or "employee" is an
insured for:
(1) "Bodily injury":
(a) To you, to your current partners or
members (if you are a partnership or
joint venture), to your current members
(if you are a limited liability company) or
to your current directors;
(b) To the spouse, child, parent, brother or
sister of that current partner, member or
director as a consequence of Paragraph
(1)(a) above;
(c) For which there is any obligation to
share damages with or repay someone
else who must pay damages because of
the injury described in Paragraph (1)(a)
or (b) above; or
(d) Arising out of his or her providing or
failing to provide professional health care
services.
Unless you are in the business or occupation
of providing professional health care'
services, Paragraphs (1)(a). (b), (c) and (d)
above do not apply to "bodily injury" arising
out of providing or failing to provide first aid
or "Good Samaritan services" by any of your
retired partners, members, directors or
"employees", other than a doctor. Any such
retired partners, members, directors or
"employees" providing or failing to provide
first aid or "Good Samaritan services" during
their work hours for you will be deemed to be
acting within the scope of their employment
by you or perforating duties related to the
conduct of your business.
(2) "Personal injury":
(a) To you, to your current or retired
partners or members (if you are a
partnership or joint venture), to your
current or retired members (if you are a
Limited liability company), to your other
current or retired directors or
"employees" while in the course of his or
her employment or performing duties
related to the conduct of your business.
or to your other "volunteer workers"
white performing duties related to the
conduct of your business;
(b) To the spouse. child, parent, brother or
sister of that current or retired partner,
member, director, "employee" or
"volunteer worker" as a consequence of
Paragraph (2)(a) above;
(c) For which there is any obligation to
share damages with or repay someone
else who must pay damages because of
the injury described in Paragraph (2)(a)
or (b) above; or
(d) Arising out of his or her providing or
failing to provide professional health care
services.
(3) "Property damage" to property:
(a) Owned, occupied or used by; or
(b) Rented to, in the care, custody or control
of, or over which physical control is
being exercised for any purpose by;
you, any of your retired partners, members
or directors, your current or retired
"employees" or "volunteer workers", any
current partner or member (if you are a
partnership or joint venture}, or any current
member (if you are a limited liability
company) or current director.
O 2017 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
CG D3 79 0219
COMMERCIAL GENERAL LIABILITY
D. 111O IS AN INSURED -- (Ell PLOYEES AND
VLUNTIEIER W RII IfERS - BADLY INJURY
TO CO -E:; IIPLOYEIES, CO -VOLUNTEER
Wllur'.RKERS AND RETIRED PARTNERS,
MEMBERS, DIRECTORS ,A'„ uD E •r PLOYEES
The following is added to Paragraph 2.r.(1) of
SECTION II .,,,,. WHO I. S ^ N INSURED:
Par ra• Is (1)( ), (lb) and (c) above do not
apply to " ily injury" to a current or retied co -
"employee" while in the course of the co -
"employee's" employment by you or performing
duties related to the conduct of your business, or
to "b. 'illy injury„ to your other "volunteer
workers"" or retired partners, members or
directors while performing duties related to the
conduct of your business.
(Viii;" HO I'S AN INSURED -- NE ''LY ACQUIREIIFr
OR FORMED LIMITED LIABILITY COMPANIES
The following replaces Paragraph 3. of
SECTION' II — , "HO IS AN INSURE
3. Any organization you newly acquire or form,
other than a partrtterslhip or joint venture, and
of which you are the sole owner or in which
you maintain an ownership interest of more
than 50%, will quallify as a Named Insured if
there is no other simillar insurance available
to that organization. However:
a. Coverage under this proviision is
afforded only:
(11) Until the "1 8001 day after you acquire
or . rm the organization or the end
of the policy period, whichever is
earlier, if you do not report such
organization in writing to us within
180 days after you acquire or form it;
or
ciitn Until the ends of the policy period,
when that dat is later than 180 dar ys
after you acquire or form such
organization, if you report such
or nization in writing to us within
180 days after you acquire or form it;
b" Coverage does not pply to "bodily
injury" or "property damages" that
occurred before you acquired or formed
the organization; and
c. Coverage IR does not apply to "personal
and advertising injury" arising out of an
offense committed before you acquired
or formed the organization.
For the purposes of Paragraph 1. of Section
IVI — Wlfvo Is An Insured, each such
CCD 02 19
organizations will be deem ^ d to be
designated in the Declarations as:
a. A limited liability company;
h. An organization other than a partnership„
joint venture or limited liability company;
or
c. A trust;
as indicated iin its name or the documents
that govern its structure.
Fm BLANKET ADIDITIIONAL, IVNSUREID —
CONTRA." LING 'INTEREST
1. The following is added to SECTION tl -"
H I" AIWIINSURED:
Any person or organization that has 'financial
control of you is an insured with respect to
liability for "(bodily injury", "property damage"
or "personal and advertising injury" that
arises o' " of:
a. Such financial control; or
b. Such person's or organization's
ownership. maintenance or use cif
premises leased to or occupied by you.
The insurance provided to such person on
organization does not apply to structural
alterations, new construction or demolition
operations performed by or on behalf of such
person or organization.
2. The following is added to Paragraph 4. of
SECTION II —WHO IS AN INSURED:
This paragraph does not apply to any
p mises owner, manager or lessor that has
fiinanciaO control of you.
C. BLANKET All DITIII INAL INSURED —
IIA" RTCACEIIES, ASSIGNIV' ,ES, SUCCESSORS
OR RIECVEI" IERS
The following is added to SECT( N II — H
AN °INSURED:
My person or organization that is a mortgagee,
assignee, successor or receiver and that you
have ogre in a written contract or agreemer
too include as an additional insured on this
Coverage Part is an insured, 'but only with
respect to its liability as mortgagee, assignee.
successor or receiver for "°a • o illy injury'', "'property damage' or "personal and advertising injury"'
that:
a" Is "bodily injury" or "property damage" that
occurs, or is "personal and advertising injury"
caused by an offense that is committed,
C 2017 The Travelers Indemnity Company. AID rights rncrserved. (includes copyrighted material of unsurance Services Office, Inc. swirl, its permission.
II,
IS
COMMERCIAL GENERAL LIABILITY
subsequent to the signing of that contract or
agreement and
b. Arises out of the ownership, maintenance or
use of the premises for which that
mortgagee, assignee, successor or receiver
is required under that contract or agreement
to be included as an additional insured on
this Coverage Part.
The insurance provided to such mortgagee,
assignee, successor or receiver is subject to the
following provisions:
a. The limits of insurance provided to such
mortgagee. assignee, successor or receiver
will be the minimum limits that you agreed to
provide in the written contract or agreement,
or the limits shown in the Declarations,
whichever are less.
b. The insurance provided to such person or
organization does not apply to:
(1) Any "bodily injury" or "property damage"
that occurs, or any "personal and
advertising injury" caused by an offense
that is committed, after such contract or
agreement is no longer in effect; or
(2) Any "bodily injury", "property damage" or
"personal and advertising injury" arising
out of any structural alterations, new
construction or demolition operations
performed by or on behalf of such
mortgagee, assignee, successor or
receiver.
H. BLANKET ADDITIONAL INSURED —
GOVERNMENTAL ENTITIES — PERMITS OR
AUTHORIZATIONS RELATING TO PREMISES
The following is added to SECTION II — WHO IS
AN INSURED:
Any governmental entity that has issued a permit
or authorization with respect to premises owned
or occupied by, or rented or loaned to, you and
that you are required by any ordinance, law,
building code or written contract or agreement to
include as an additional insured on this
Coverage Part is an insured, but only with
respect to liability for "bodily injury", "property
damage" or "personal and advertising injury"
arising out of the existence, ownership, use,
maintenance, repair, construction, erection or
removal of any of the following for which that
governmental entity has issued such permit or
authorization: advertising signs, awnings,
canopies, cellar entrances, coal holes,
driveways, manholes, marquees. hoist away
openings, sidewalk vaults, elevators, street
banners or decorations.
I. BLANKET ADDITIONAL INSURED —
GOVERNMENTAL ENTITIES — PERMITS
OR AUTHORIZATIONS RELATING TO
OPERATIONS
The following is added to SECTION II — WHO IS
AN INSURED:
Any governmental entity that has issued a permit
or authorization with respect to operations
performed by you or on your behalf and that you
are required by any ordinance, law, building code
or written contract or agreement to include as an
additional insured on this Coverage Part is an
insured, but only with respect to liability for
"bodily injury", "property damage" or "personal
and advertising injury" arising out of such
operations.
The insurance provided to such governmental
entity does not apply to:
a. Any "bodily injury". "property damage" or
"personal and advertising injury" arising out
of operations performed for the
governmental entity; or
b. Any "bodily injury" or "property damage"
included in the "products -completed
operations hazard".
J. INCIDENTAL MEDICAL MALPRACTICE
1. The following replaces Paragraph b. of the
definition of "occurrence" in the
DEFINITIONS Section:
b. An act or omission committed in
providing or failing to provide "incidental
medical services", first aid or "Good
Samaritan services" to a person, unless
you are in the business or occupation of
providing professional health care
services.
2. The following replaces the last paragraph of
Paragraph 2.a.(1) of SECTION H — WHO IS
AN INSURED:
Unless you are in the business or occupation
of providing professional health care
services, Paragraphs (1)(a), (b). (c) and (d)
above do not apply to "bodily injury" arising
out of providing or failing to provide:
(a) "Incidental medical services" by any of
your "employees" who is a nurse,
nurse assistant, emergency medical
technician, paramedic, athletic trainer,
audiologist, dietician, nutritionist,
2017 The Travelers Indemnity Company_ AA rights reserved.
Includes copyrighted material o€ Insurance Services Office. Inc. with its permission.
CG D3 79 0219
COMMERCIAL GENERAL LIABILITY
occupational therapist or occupational
therapy assistant. physical therapist or
speech -language pathologist; or
(b) First aid or "Good Samaritan services"
by any of your "employees" or "volunteer
workers", other than an employed or
volunteer doctor. Any such "employees"
or "volunteer workers" providing or failing
to provide first aid or "Good Samaritan
services" during their work hours for you
will be deemed to be acting within the
scope of their employment by you or
performing duties related to the conduct
of your business.
3. The following replaces the last sentence of
Paragraph 5. of SECTION III — LIMITS OF
INSURANCE:
For the purposes of determining the
applicable Each Occurrence Limit, all related
acts or omissions committed in providing or
failing to provide "incidental medical
services", first aid or "Good Samaritan
services" to any one person will be deemed
to be one "occurrence".
4. The following exclusion is added to
Paragraph 2., Exclusions, of SECTION I —
COVERAGES — COVERAGE A — BODILY
INJURY AND PROPERTY DAMAGE
LIABILITY:
Sale Of Pharmaceuticals
"Bodily injury" or "property damage" arising
out of the violation of a penal statute or
ordinance relating to the sale of
pharmaceuticals committed by, or with the
knowledge or consent of the insured.
5. The following is added to the DEFINITIONS
Section:
"Incidental medical services" means:
a. Medical, surgical, dental. laboratory, x-
ray or nursing service or treatment,
advice or instruction, or the related
furnishing of food or beverages; or
b. The furnishing or dispensing of drugs or
medical, dental, or surgical supplies or
appliances.
6. The following is added to Paragraph 4.b.,
Excess Insurance, of SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS:
This insurance is excess over any valid and
collectible other insurance, whether primary,
excess, contingent or on any other basis,
CG D3 79 0219
that is available to any of your "employees"
for "bodily injury" that arises out of providing
or failing to provide "incidental medical
services" to any person to the extent not
subject to Paragraph 2.a.(1) of Section II —
Who Is An Insured.
K. MEDICAL PAYMENTS— INCREASED LIMIT
The following replaces Paragraph 7. of
SECTION III — LIMITS OF INSURANCE:
7. Subject to Paragraph 5. above, the Medical
Expense Limit is the most we wilt pay under
Coverage C for all medical expenses
because of "bodily injury" sustained by any
one person, and will be the higher of:
a. $10,000; or
b. The amount shown in the Declarations of
this Coverage Part for Medical Expense
Limit.
L. AMENDMENT OF EXCESS INSURANCE
CONDITION — PROFESSIONAL LIABILITY
The following is added to Paragraph 4.b.,
Excess Insurance, of SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS:
This insurance is excess over any of the other
insurance, whether primary, excess, contingent
or on any other basis, that is Professional
Liability or similar coverage, to the extent the
loss is not subject to the professional services
exclusion of Coverage A or Coverage B.
M. BLANKET WAIVER OF SUBROGATION —
WHEN REQUIRED BY WRITTEN CONTRACT
OR AGREEMENT
The following is added to Paragraph 8., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS:
If the insured has agreed in a written contract or
agreement to waive that insured's right of
recovery against any person or organization, we
waive our right of recovery against such person
or organization. but only for payments we make
because of:
a. "Bodily injury" or "property damage" that
occurs; or
b. "Personal and advertising injury" caused by
an offense that is committed;
subsequent to the signing of that contract or
agreement.
C 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL GENERAL LIABILITY
N. CONTRACTUAL LIABILITY - RAILROADS
1. The following replaces Paragraph c. of the
definition of "insured contract' in the
DEFINITIONS Section:
c. Any easement or Iicense agreement;
2. Paragraph f.(1) of the definition of "insured
contract" in the DEFINITIONS Section is
deleted.
© 2017 The Travelers indemnity Company. All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
TRAVELERS�T
ONE TONER SQUARE
HARTFORD CT 06183
POLICY NUMBER:
WORKERS COMPENSATION
AND
EMPLOYERS LtA :ILf Y POLICY
ENDORSEMENT WC 00 0313 (00) - 001
-6,7317115-33-43-G
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our fight against the person or organization named in the Schedule, (This agreement a ,•lles only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule.
SCHEDULE
DESIGNATED PERSON:
DESIGNATED ORGANIZATION:
ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED
BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS warm.
Any person or organization for which tri «layer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. °waver, for purposes of work performed by the employer in Missouri, this w iver of Tubrogatiosa does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual.
DATE OF ISSUE: 0831-23 ST ASSIGN:
PAGE 1 OF1
Veronica Sanchez
Frame
Sew:
To:
Cc:
Subject
Andrew Tie
Monday, December 1B, 2023 933 AM
Veronica Sanchez
Bernardo iniguez
RE: COI - Bowman Infrastructure Engineers
Hi Veronica,
That is fine. Please inciuude a copy of this email with the cert"rficate as evidence as such. Thanks.
Andy
From; Veronica Sanchez
Sent Monday, December 18, 2023 9:29 AM
Ten Andrew Tse
Cc Bernardo iniguez
Subject RE: COB - Bowman Infrastruc ure Engineers
Good Morning Andy,
Hope you had a nice weekend! This was the explanation we received on the requested changes to the COI from Bowman Infrastructure Engineers.
Belo is the explanation fro our insurance broker, please let me know if thiswill satisfy the request from the City
1. Your GL policy has what is called a blanket additional insured endorsement. That means as long as you have a contract that requires you to have the City of Bell Gardens as an additional insured, then they are considered an additional insured.
2. Your Auto forms are called'Virginia Business Auto Coverage Extension Endorsement' because Bowman is based out of Virginia. This is just a naming rronvention of Travelers and has no factor on the c:overag This do °°s not exclude California in any way:
Please confirm if this is acceptable.
Thank y u,
Veronica
w nn: Andrew Tse
Se tW Wednesday, December 13, 2023 10:58 AM
To: Veronica µ nchez r' 004.. 1. E ry as, r >
Cc: Bernardo !nigu+E≥!z c #, uel Aisf i,p
Subje !: RE: Cf3l - Bowman Infrastructure Engineers
Hi Veronica,
Could they please name City of Bell Gardens as additionally insured on the insurance endorsement? MSG, the auto addendum is for the State of Virgirnia. Could they please obtain a. California addendum from their carrier? Thanks.
Andy
From: Veronica Sanchez <Z 1
Sent: Wednesday, December 13, 2023 8:20 AM
To: Andrew'Tse Kgm
Co Bernardo iniguez ,n
Subject: CO1- Bowman infrastructure Engine °rs
Hi Again,
Can you confirm that this COi * r wman infrastructure Engineers Is satisfactory? The Fourth Amendment to the Professional Services Agreement is attached for reference.
Thank you,
Veronica Sanchez
City of 11 Gardens
Department •f Public Work
327 Garfield Avenue
Bell Gardens, CA 90201
562-806-7770
2
EXHIBIT "B"
JANUARY 2025 SUPPLEMENTAL PROPOSAL
5
January 23, 2025
Bernie lniguez
Director Public Works
City of Bell Gardens
8327 Garfield Avenue
Bell Gardens, CA 90201
RE: Request for Contract Cost Increase - Amendment No. I Dear Mr. lniguez:
Bowman requests a contract cost amendment due to the quantity of projects undertaking by the contract and workload. The original contract, not to exceed amount of $1,500,000 will be exceeded as the current workload is designed, constructed and completed.
In discussions with the City, it has been determined to the mutual benefit of the City and Bowman that the contract not to exceed amount be increased for the remainder of the current year of the contract. The new not to exceed contract amount is to be $2,500,000.
If I can be of any sistance, please contact me directly at my cell phone 714-458-8470 to address any questions
Sincerely,
Farzad Dorrani, MS
Principal of Operations
3060 Saturn Street, Suite 250, Brea, California 92821
714.940,0100
wman.com
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Bernardo Iniguez, Director of Public Works/Facilities SUBJECT: Acceptance of the Purchase and Installation of Outdoor Fitness Equipment at Veterans Park as Complete
MEETING DATE: January 27, 2025
BACKGROUND/DISCUSSION: On September 23, 2024, the City Council approved an agreement with Greenfields Outdoor Fitness, Inc. ("Greenfields") for the Purchase and Installation of Outdoor Fitness Equipment at Veterans Park (the "Project"). The scope of work for the Project consisted of the construction of a new outdoor fitness area that incorporated apparatuses for physical activity, agility and equipment with adjustable resistance for exercising. The scope included 30 pieces of equipment that can host up to 52 active members at any given time.
Construction began on October 28, 2024, and was completed on December 18, 2024.
The Project Inspector conducted the final inspection, reviewed the Project documents, and determined the Project was completed satisfactorily and in conformance with the Project's plans and specifications. The final working days were thirty (30) and the final total construction cost was $429,053.81, including one (1) change order for additional payment and performance bonds.
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
RECORDING REQUESTED BY
CITY OF BELL GARDENS
AND WHEN RECORDED MAIL TO
NAME CITY OF BELL GARDENS
CITY CLERK
STREET 7100 S. GARFIELD AVE
ADDRESS
CITY BELL GARDENS, CA 90201
STATE
ZIP
SPACE ABOVE LINE FOR RECORDER'S USE
NOTICE OF COMPLETION
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is City of Bell Gardens
3. The full address of the owner is 7100 S. Garfield Avenue, Bell Gardens, CA 90201
4. The nature of the interest or estate of the owner is: in fee. (if other than Fee, strike "In fee" and insert, for example, "purchaser under contract of purchase", or "lessee")
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
6. A work of improvement on the property hereinafter described was substantially completed on 12/18/2024. The work done was:
Purchase And Installation of Outdoor Fitness Ecuipment at Veterans Park (CIP No 3925).
7. The names of the contractor, if any, for such work of improvement was Greenfields Outdoor Fitness, Inc. 09/23/2024
(If no contractor for work of improvement as a whole, insert "None") (Date of Contract)
8. The property on which said work of improvement was completed is in the City of Bell Gardens County of Los Anceles, State of CA and is described as follows: Bell Gardens Veterans Park
9. The street address of said property is 6662 Loveland Street, Bell Gardens, CA 90201 (If no street address has been officially assigned, insert "none".) Dated
Michael B. O'Kelly, City Manacer
(Signature of Owner or corporate officer of Owner named in paragraph 2, or his agent)
VERIFICATION
I, the undersigned, say: I am the City Clerk of the City of Bell Gardens, the declarant of the foregoing Notice of Completion:
I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.
Executed on at Bell Gardens, CA
Daisy Gomez, City Clerk
(Personal signature of the individual who is swearing that the contents of the Notice of Completion are true)
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
EXECUTIVE SUMMARY
TO: Honorable Mayor and City Council Members
FROM: Michael O'Kelly, City Manager
BY: Elizabeth Nava, Director of Recreation and Community Services SUBJECT: Consideration of Amendment Number 1 to the Services Agreement with Active Network, LLC
MEETING DATE: January 27, 2025
RECOMMENDATION:
It is staff's recommendation that the City Council by motion:
1. Adopt the attached Resolution; and
2. Approve Amendment Number 1 with Active Network, LLC
BACKGROUND/DISCUSSION:
Active Network, LLC (Activenet) is the platform that the City of Bell Gardens Recreation and Community Services Department (RCS) utilizes for registration services and recreation management software and hardware needs.
On June 13, 2024, staff issued a Request For Proposals for recreation management software services in order to explore cost options and new software features since the current Activenet Agreement was set to expire on October 24, 2024. Five (5) proposals were received and reviewed, but due to cost and other concerns, staff did not present the proposals and instead requested an extension of the existing agreement. On June 17, 2024, staff submitted a request to Activenet for an extension of the current Agreement. On January 7, 2025, Activenet provided the City with the attached Amendment Number 1. This amendment grants an extension of services through October 24, 2025, with the same conditions set forth in the previous agreement. Staff believe this amendment extension will allow staff to revisit its options at the end of the agreement term without interruption to residents.
CONCLUSION:
The City currently has an agreement with Active Network, LLC for Recreation Management Software services. Staff recommends an extension to the agreement to revisit its options for
recreation management software services. Staff estimates the extension costs will be approximately $22,000 for the additional year.
FISCAL IMPACT:
An additional $22,000 is needed to allow payment for the additional services for a new agreement not -to -exceed amount for $77,000.
ATTACHMENTS:
Exhibit 1 — Resolution 2025-XX
Exhibit 2 — Amendment Number 1
Exhibit 3 — Master Agreement
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
RESOLUTION NO. 2025-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING AMENDMENT NUMBER 1 TO
THE SERVICES AGREEMENT BY AND BETWEEN THE CITY OF BELL
GARDENS AND ACTIVE NETWORK, LLC
WHEREAS, in October 2021, the City of Bell Gardens ("City") and Active Network, LLC ("Activenet") executed and entered into a Services Agreement for recreation management software services, which was then formally approved by the City Council on February 27, 2023;
WHEREAS, the Services Agreement expired on October 24, 2024; WHEREAS, although the Services Agreement expired on October 24, 2024, Activenet continued to perform under the terms of the Services Agreement from the period commencing October 24, 2024, to the Effective Date of the Amendment Number 1; WHEREAS, prior to the expiration of the Services Agreement, it was the Parties' intent to extend the life of the Services Agreement to October 25, 2025, to allow City sufficient time to analyze how it will manage its recreation management software services;
WHEREAS, staff anticipates that the fees for an additional year of services will be in the amount of $22,000; and
WHEREAS, the City and Activenet are in agreement to extend the Term of the Services Agreement for one additional year for continued services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council hereby finds and determines that the foregoing recitals are true and correct, constitute a material part of this Resolution, and therefore incorporate them herein in their entirety as part of the findings.
SECTION 2. The City Council hereby approves Amendment Number 1 to the Services Agreement with Activenet to allow the City sufficient time to analyze how it will manage its recreation management software services.
SECTION 3. The City Council further authorizes the City Manager to execute Amendment Number 1 to the Services Agreement with Activenet consistent with this Resolution along with ancillary documents reasonably necessary to effectuate the intent of this Resolution.
SECTION 4. The City Clerk shall attest and certify to the passage and adoption of
Resolution No. 2025-11
this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
PASSED, APPROVED and ADOPTED this 27th day of January, 2025.
THE CITY OF BELL GARDENS
Jorgel Chavez, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez
City Attorney
2 of 3
Daisy Gomez
City Clerk
Resolution No. 2025-11
I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. 2025-XX was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on Monday, January 27, 2025, and was approved and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Daisy Gomez, City Clerk
3 of 3
Docusign Envelope ID: 7E24F3A2-92A1-459B-BOFF-D98B03A2AA24 AMENDMENT#1
TO THE AGREEMENT
This Amendment No. 1 (this "Amendment 1") is made effective as of October 24, 2024 (the "Amendment 1 Effective Date") by and between City of Bell Gardens ("Client") and Active Network, LLC ("Active") and amends that certain Software as a Services Agreement Schedule Quote Number 00122502, dated as of October 25, 2021, (the "Agreement") entered into by the Parties. Client and Active are also individually referenced herein as a "Party" and collectively as the "Parties." Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Agreement.
NOW THEREFORE in consideration of the mutual covenants, recitals and promises contained in this Amendment and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each Party, the Parties hereto hereby agree as follows:
1. Changes to the Agreement.
A. Section 5.1 of the Recreation and Membership Management Product Terms is deleted in its entirety and replaced with the following:
"Unless otherwise set forth in the applicable Schedule, this Product Attachment will commence on the Effective Date and will continue in effect until the earlier to occur of (i) its termination in accordance with the terms and conditions below and (ii) October 24, 2025 (the "Initial Term"). This Product Attachment shall renew automatically following the Initial Term for subsequent renewal terms thereafter of one (1) year (the "Renewal Term(s)", and, together with the Initial Term, the "Term") unless either Party delivers written notice to the other Party at least six (6) months prior to the expiration of the then -current Term of its intent to terminate this Product Attachment upon the completion of the Initial Term or any Renewal Term. Unless otherwise set forth in the applicable Schedule, to the extent that Client enters into a Schedule for additional Products that are related to or interoperable with the Products set forth in a previously entered into Schedule, the Term of such subsequent Schedule will be concurrent and coterminous with the Term of the previously entered into Schedule."
2. Full Force and Effect. Except as expressly modified herein, the Agreement remains in full force and effect. All references in the Agreement to "this Agreement," "hereto," "hereof," "hereunder" or words of like import referring to the Agreement shall mean the Agreement as amended by this Amendment 1. In the event any of the terms and conditions of the Agreement conflict with the terms and conditions of this Amendment, the terms and conditions of this Amendment 1 shall prevail only as to the subject matter expressly stated herein.
3. Counterparts. This Amendment 1 may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document, binding against each of the Parties. To the maximum extent permitted by law or by any applicable governmental authority, this Amendment 1 may be transmitted by facsimile, electronic mail (including pdf) or other transmission method with the same validity as if it were an ink -signed document and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment 1 as of the Amendment 1 Effective Date.
Active Network, LLC City of Bell Gardens
by its authorized signatory by its authorized signatory By:
Name:
Title:
Date:
By:
Name:
Michael B. O'Kelly
Title:
Date:
DocuSign Envelope ID: A5F05465-AC0B-4BB7-988F-80CC7D32399F Company Address 717 North Harwood Drive, Suite 2500
Dallas, TX 75201
US
Prepared By Sharon Kramer
Opportunity Owner Yianni Drako
Owner Email yiannhdrrt. tr
Bill To Name
Bill To Contact
Bill To Address
City of Bell Gardens, CA
Raymond Corona
8000 Park Lane
Bell Gardens, CA 90201 United States
ACTIVENet - (credit card refunds I SaaS
- flat fee)
ACTIVENet - ACH Remittance -
"Daily" Every 72 Hours
ACTIVENet - Annual Subscription
Fee
ACTIVENet - Functionality:
Facilities
ACTIVENet - Functionality:
League Management
ACTIVENet - Functionality:
Memberships
ACTIVENet - Functionality: POS
(Point -of -sale)
ACTIVENet - Functionality:
Program & Activity Registration
ACTIVENet - Public Interface -
Online Transaction Fee
ACTIVENet - Public Interface Fee
Set up - absorbed by client
ACTIVENet - SaaS
Schedule
Created Date 10/7/2021
Quote Number 00122502
Currency USD
Contact Name Rozanne Adanto
Phone (562) 806-7650
Email [email protected]
Ship To Contact Raymond Corona
Ship To Address 8000 Park Lane
Bell Gardens, CA 90201 United States
Daily remittances are processed by Active on non -holiday business days 72 hours after the transaction day.
Service
Payments take one to three banking business days to
iprocess.
SaaS
#N/A
#N!A
SaaS ' #NIA
SaaS
SaaS
Migration Loyalty Rates for first term of contract for U.S. organizations exceeding $30,000,000 in annual revenue
through ACTIVE Net.
ACTIVE Net Service Package STANDARD 5 consists of
the following Services:
• remote business process review
• remote functionality review & data collection preparation • remote data collection review
• remote data entry (system inventory and policy controls) • remote user testing
• LMS training
• remote supplemental training
1 1
1 3.00
0.10 8,370.00
DocuSign Envelope ID: A5F05465-AC0B-4BB7-988F-80CC7D32399F ACTIVENet- Service Package
Standard 5
Service
ACTIVENet - Staff Interface -
Payment Processing Fee - Credit I SaaS
Card
ACTIVENet - Staff Interface -
Payment Processing Fee
Electronic Cheque/Check
Processing
ACTIVENet - Technical Services: I
Customer Import
ACTIVENet - Technical Services:
Financial Export
Service Total
• remote user testing
• LMS training
• remote supplemental training
• remote Go Live preparation
• remote go live support
emote hardware configuration
remote system optimization training
The scope o
of choice.
50% of total Service costs will be billed at S
initiation,payable within 30 days of the date of invoice. 50% of total Service costs will be billed at Service
completion, payable within 30 days of the date of invoice.
Rates for organizations under $1,500,000 in annual
revenue through ACTIVE Net.
i ACTIVE Net Technical Services: Customer Import
Service I consists of the following Services:
• remote configuration, testing & training
ACTIVE Net Technical Services: Financial Export consists Service of the following Services: 1
remote configuration, testing & training
13,387.50
Total Price
Annual Projected
Contract Value
USD 21,75T50
USD 10,826.00
Active reserves the right, and may take additional measures to verify Client's account which may consist of reviewing publicly available data and/ confirmation of Client provided information. Such verification measures will be completed in advance of remittance.
All fees described herein are in consideration of the Software and Services that Active provides. Active and Client acknowledge that certain credit card network rules and laws prohibit imposing a surcharge that is based on the type of payment method used (e.g., having a different fee for the use of a credit card vs. debit card), and therefore, each agree not to impose such a surcharge on any End User.
The payment options we offer may include MasterCard, Visa, American Express and Discover, If your order includes hardware, please note that all hardware orders have a 30 -day return policy, and it is recommended that you inspect your purchases upon delivery.
"Sales tax and shipping not included in total price. Sales tax and shipping, where applicable, will be added to your invoice.
By signing this Schedule, you agree to the terms and conditions governing your use of the Software and Services as set forth at:
General Terms -h Lte .. fat Acvm/genrtraL-farms
Product Terms -h d_ vt[.,acthie tetwurk,cQmtmsrt'_t_ rsh tt5 Third Party Hardware Product Attachment - httP: 1 Jar..tivtirtaltworkn Attachment: Exhibit A, Payment Services Agreement
Quote Acceptance Information
Active Network, LLC
,-DocuSigned by:
Signature:
I?arn,d y St_Gittir
042FAC5901474C9._.
DocuSign Envelope ID: A5F05465-AC0B-4BB7-988F-80CC7D32399F Name:
M/GIMEL 6. diGI1.Ly
Title: 6r ry MANA
Date:
oCTo 8
PO# (if applicable):
12., 2021
Name:
Title:
Date:
u
Randy Skemp
vice President, Sales
10/25/2021 I 9:05 AM CDT
DocuSign Envelope ID: A5F05465-AC0B-4BB7-988F-80CC7D32399F
EXHIBIT A
Payment Services Agreement
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.
This Payment Services Agreement ("Agreement") is a legal agreement between Client and Active governing Client's use of Active's payment processing services (collectively, the "Services"). Client must accept all of the terms of this Agreement to use the Services. Visa, Mastercard, and Discover are collectively defined as the "Card Brands" and their cards are each a "Card".
1. SERVICES
Active's sponsor banks require certain information for the Services. Client must provide accurate and complete information and keep the information up-to-date. Active relies on this information for underwriting and to meet our obligations under applicable federal and state laws and other regulatory requirements. Client must only use the Services for the business purpose described in the General Terms and/or applicable Product Attachment. On an ongoing basis, Client will provide us with the current address of each of your offices, all "doing business as" (DBA) names used by you, and a complete description of goods sold and services provided by you. If the scope or nature of your business or the type of products or services you offer changes, Client must notify Active prior to the change. Client is liable to us for all losses and expenses incurred by us arising out of your failure to report changes to us.
2. REQUIRED INFORMATION, VERIFICATION
Active's sponsor banks and the Card Brands require us to verify your identity, credit, business operations, and compliance with the obligations under this Agreement. Client must provide sufficient information and documentation as requested by Active, including information to verify your identity, financial statements, and customer information. Client authorizes Active to make, from time to time, any business and personal credit inquiries,
DocuSign Envelope ID: A5F05465-AC0B-4BB7-988F-80CC7D32399F identity -verification inquiries, and other inquiries considered necessary to review the acceptance and continuation of this Agreement. Client also authorizes any person or credit reporting agency to compile information to answer those inquires and to furnish that information to Active. Active reserves the right to decline your application for any reason. Active is required to report certain information to our sponsor banks or Card Brands, including the names of any principles and country of domicile.
3. COMPLIANCE WITH LAWS AND RULES
Client must comply with all rules and operating regulations issued from time to time by the Card Brands; any policies, procedures, and instructions provided by us; and the Payment Card Industry Data Security Standards ("PCI DSS") and the Payment Application Data Security Standard ("PA-DSS") (collectively, "Rules"). The Rules are incorporated into this Agreement by reference as if they were fully set forth in this Agreement. An abridged version of the Visa and MasterCard Rules may be viewed at usa.visa.com and www.mastercardmerchant.com . Client further agrees to comply with all applicable federal, state, and local laws, rules, and regulations ("Laws"), as amended from time to time affecting acceptance of Cards, processing of Card transactions, and the transactions contemplated by this Agreement. Client agrees to the terms of the Electronic Funds Transfer Agreement incorporated into this Agreement by reference as if they were fully set forth in this Agreement. Client will assist Active in complying in a complete and timely manner with all Laws and Rules, now or hereafter applicable to any Card transaction or this Agreement. Client will execute and deliver to Active all such instruments deemed necessary for compliance. If any terms of this Agreement conflict with the Card Brand Rules, the Card Brand Rules will govern.
4. TRANSACTION PROCESSING
In order to process Card transactions, Client must familiarize itself with and adhere to the applicable Card Brand Rules. The following sections address some but not all of the Card Brand Rules that must be adhered to in order to process card transactions. It is Client's responsibility to understand and follow all Card Brand Rules.
5. CARD ACCEPTANCE
Client will honor, without discrimination, any valid Card properly tendered by a Cardholder. "Cardholder" means a person possessing a Card and asserting to be the person in whose name the Card is issued. Client may elect not to accept Visa or MasterCard branded debit cards, but you must provide Active with prior written notice of such election. Client will identify the Cardholder when accepting payment and will request the Card expiration date and ZIP code or postal code from the Cardholder's billing address. It is also highly recommended that Client obtain the security code from each Card. You must not honor any Card if the Card has expired or if the Card number is listed on a current Electronic Warning Bulletin file. You will properly disclose to the Cardholder, at the time of the Card transaction, Client's name, return policy, and other limitations you may have on accepting returned merchandise. Active's name may appear in conjunction with Client's name on Cardholders' statements. Client will not accept any payments from a Cardholder relating to previous charges for merchandise or services, and if Client receive such payments, you will promptly remit them to Active.
DocuSign Envelope ID: A5F05465-AC0B-4BB7-988F-80CC7D32399F
6. CARD AUTHORIZATION
Client must obtain authorization via methods acceptable to Card Brand Rules prior to completing any Card transaction. Client must follow any instructions received during the authorization process. Upon receipt of authorization, Client may consummate only the transaction authorized. Where authorization is obtained, Client will be deemed to warrant the true identity of the customer as the Cardholder. Transactions will be deemed invalid on Cards that are expired, whether or not an authorization has been obtained.
Authorizations are not a guarantee of acceptance or payment of a Card transaction and do not waive any provision of this Agreement or otherwise validate a fraudulent transaction or a transaction involving the use of an expired Card. Active may refuse to authorize any transaction, and we are not liable to you if authorization for a transaction is not given. Client will not have any claim against, or right to receive payment from, a Cardholder or any other customer in any Card transaction if Active refuses to authorize the transaction for any reason.
7. RECORDS
Client will deliver to the Cardholder at the time of the transaction a complete and legible receipt from the Card transaction or refund. Client must retain the merchant copy of the receipt in accordance with the applicable Card Brand information security and confidentiality requirements for at least 3 years following the date of completion of the Card transaction (or such longer period as the Rules may require).
8. RECURRING TRANSACTIONS
For recurring transactions, Client must obtain a written request from the Cardholder for such goods and services to be charged to the Cardholder's account, the frequency of the recurring charge, and the duration of time during which such charges may be made. Client must obtain such written consent before the first recurring transaction, and Client must notify the Cardholder that he or she is able to discontinue consent for recurring billing charges at any time. Client must retain evidence of such written consent for recurring transactions for twenty-four months (24) from the date you submit the last recurring billing charge. If this Agreement is terminated for any reason, Client will, at your own cost, advise all individuals and establishments to whom you submit recurring billing charges that Client no longer accept the Card for amounts owed by such establishments or by such individual. The termination of a Cardholders' services constitutes immediate cancellation of the Cardholder's consent for recurring billing charges. Active has no obligation to notify Client of such cancellation, nor shall Active have any liability to Client arising from any such cancellation. Client will not complete any recurring transaction after receiving a cancellation notice from the Cardholder, notice from Active to not complete a recurring transaction, or a response that the Card is not to be honored.
DocuSign Envelope ID: A5F05465-AC0B-4BB7-988F-80CC7D32399F
9. FUTURE DELIVERY
Client will not accept a Card transaction for the sale of goods or services for future delivery. If, however, Client has clearly disclosed your intentions to the Cardholder and the Cardholder agrees, Client may submit the following types of charges to Active before you deliver the goods purchased to the Cardholder: (a) charges representing deposits on (i) custom or special orders (provided that in doing so Client is in compliance with applicable law) and (ii) mail orders for items not in inventory at the time the order is placed; and (b) charges representing advance, partial, or full payment for items the Cardholder requests Client to deliver at a later date. If a Cardholder disputes any of these charges, Active will have the right to Full Recourse for such charge. Client represents and warrants to Active that you will not rely on any proceeds or credit resulting from such transactions to purchase or furnish goods or services. Client will maintain sufficient capital to provide for the delivery of goods or services at the agreed upon future date, independent of any credit or proceeds resulting from Card transactions taken in connection with future delivery transactions.
10. E -COMMERCE TRANSACTIONS
If applicable, Client may process e -commerce transactions only if the transactions have been encrypted by a third -party vendor acceptable to Active. Client is liable for all chargebacks and losses related to e -commerce transactions, whether or not encrypted. Encryption is not a guarantee of payment and will not waive any provision of this Agreement or otherwise validate a fraudulent transaction.
For goods to be shipped on e -commerce transactions, Client may obtain authorization up to seven calendar days prior to the shipment date. Client need not obtain a second authorization if the Card transaction amount is within 15% of the authorized amount, provided that the additional amount represents shipping costs. Client's website must contain all of the following information: (i) complete description of the goods or services offered, (ii) return and refund policies, (iii) customer service contact, including email address or telephone number, (iv) transaction currency (such as U.S. or Canadian dollars) (v) any export or legal restrictions, if known, and (vi) delivery policy.
11. PROHIBITED PRACTICES
Client may not split transactions into multiple Card transactions except where: (a) partial payment is entered on the transaction record and the balance of the transaction amount is paid in cash or by check at the time of transaction; or, (b) the amount represents an advance deposit in a Card transaction completed in accordance with this Agreement and the Rules. Client will not use the Services to accept amounts representing the refinancing of an existing uncollectible obligation, debt, or dishonored check of a Cardholder. Client may not process transactions for, receive payments on behalf of, or (unless required by Law) redirect payments to a third party. Client agrees that Active may, within our sole discretion, suspend the Services for a reasonable period of time required to investigate suspicious or unusual activity. Active shall have no liability for any losses Client may attribute to any suspension of funds disbursement. Client will not allow the Service to be used for high risk transactions or transactions for illegal activities. If Client engages in the behavior for illegal activities, you hereby acknowledge liability to Active and all damages suffered by Active, without limitation despite other language in this Agreement to the contrary. Without limiting the foregoing,
DocuSign Envelope ID: A5F05465-AC0B-4BB7-988F-80CC7D32399F Client agree to reimburse Active for any and all costs, expenses, and fines levied on Active by the Card Brands, our sponsor banks, payment processors, or service providers as a result of Client's use of the Services in violation of this Agreement. Active may reverse Card transactions we deem to violate this Agreement, the Laws, Rules, or Policies, and Client agrees to reimburse Active for any such reversal. Client agrees that Active is entitled to invoke the security interest we have, as set forth in this Agreement and all other rights we have, pursuant to a violation of this Agreement, in order to collect the fines levied against Client, or other losses incurred by Active, as set forth in this Agreement.
12. FRAUDULENT TRANSACTIONS
Client will not present for processing or credit, directly or indirectly, any transaction not originated as a result of a Card transaction directly between Client and a Cardholder or any transaction Client knows or should know to be fraudulent or not authorized by the Cardholder. Client will refer perpetrators of fraudulent transactions, in our discretion, to the appropriate law enforcement agency.
13. MERCHANT SERVICES AGREEMENT
Active may require that you enter into a Merchant Services Agreement if certain Card processing volume thresholds are met by Client's use of the Services. Such threshold is met when Card processing reaches over $1,000,000.00 USD in any one year period. Active will notify you if this occurs. Client's continued use of the Services after we notify you will constitute your agreement to the Merchant Services Agreement. Your acceptance of the Merchant Services Agreement supersedes all previous payment processing agreements with Active and will remain in effect until terminated by both parties. In the event your Card processing volume falls below the $1,000,000.00 processing threshold, the Merchant Services Agreement will continue to remain in effect.
14. CUSTOMER CONTACT
Client authorizes Active to contact Client's customers or their bank if Active determines that such contact is necessary to find out information about any payment transaction between Client and the customer. Also, Client will provide to Active upon our request, contact information for your customers as deemed necessary and reasonable by Active.
15. REFUND CREDITS
Client will issue a credit memorandum, instead of making a cash advance, a disbursement, or a refund on any Card transaction. Active's sponsor bank will debit from the amounts owing you under your Active account for the total face amount of each credit memorandum submitted. Client will not submit a credit relating to any Card transaction not originally submitted to Active, nor will Client submit a credit that exceeds the amount of the original Card transaction. Client will, within the time period specified by applicable law, provide Active with a credit memorandum or credit statement for every return of goods or forgiveness of debt for services that were the subject of a Card transaction.
DocuSign Envelope ID: A5F05465-AC0B-4BB7-988F-80CC7D32399F
16. USE OF TRADEMARKS
Client's use of Card Brand marks will fully comply with the Rules. Client's use of Active's marks must comply with our instructions. Client's right to use Active marks and the Card Brand marks will cease upon termination of this Agreement. The Card Brands are the sole and exclusive owners of their marks. Active is the sole and exclusive owner of all Active marks. Client agrees to not contest the ownership of the marks for any reason. Active may at any time, immediately and without advance notice, prohibit the use any of the trademarks for any reason.
17. INFORMATION SECURITY
Client must keep all systems and media containing account, Cardholder, or transaction information (physical or electronic, including but not limited to account numbers, and card imprints,) in a secure manner, to prevent access by or disclosure to anyone other than your authorized personnel. Client must destroy in a manner that will render the data unreadable all such media that you no longer deem necessary or appropriate to store (except for receipts maintained in accordance with this Agreement, Laws, Rules, and Policies). Further, Client must take all steps reasonably necessary to ensure Cardholder information is not disclosed or otherwise misused. Client may not retain or store magnetic stripe or CVV2, CVC2, or CID data after authorization. Client must notify Active in the event Client uses any agent that will have access to Cardholder data. Card Brand regulations mandate that all agents that access, store, transmit, or process Cardholder data must be registered and comply with the established data security standards of PCI DSS and PA-DSS.
If Client stores Cardholder account numbers, expiration dates, and other personal Cardholder data in a database, Client must follow Card Brand guidelines on securing such data. Client must, at all times, remain in compliance with the PCI DSS and PA-DSS, as applicable, and as mandated by the Card Brands and Active's sponsor bank.
In the event of breach of, intrusion of, compromise of, or otherwise unauthorized access to Cardholder account information which is stored and in the possession of Client or Client's agents, Client must immediately notify Active and provide us with information relating and pertaining to the type, nature, and extent of Cardholder account information which has been compromised. Further, Client must cooperate with Active regarding reasonable requests for information and details regarding the compromise of Cardholder account information. Client will make all reasonable, good faith efforts to remedy and address the cause of said breach, intrusion, compromise, or otherwise unauthorized access to Cardholder account information. Client shall maintain industry "best practices" regarding continuity procedures and systems to ensure security of Cardholder account information in the event of a disruption, disaster, or failure of Client's respective data storage system and/or facility.
18. THIRD PARTY SERVICE PROVIDERS
If Client uses special services or software provided by a third party to assist in processing transactions, including authorizations and settlements, or accounting functions, Client is responsible for ensuring compliance with the requirements of any third party. Active is not responsible for any transaction until the point in time Active receives data about the transaction. Active has relationships with the Card Brands to provide the Services. The
DocuSign Envelope ID: A5F05465-AC0B-4BB7-988F-80CC7D32399F Card Brands have the right to enforce any provision of the Card Brand Rules and to prohibit Client and Active from engaging in any conduct that the Card Brands deem could injure or could create a risk of injury to the Card Brands, including injury to reputation, or that could adversely affect the integrity of the interchange system, the Card Brands' Confidential Information as defined in the Rules, or both. Client will not take any action that could interfere with or prevent the exercise of this right by the Card Brands.
19. ADDITIONAL REPRESENTATIONS AND WARRANTIES
In addition to all other warranties provided under this agreement, Client represents and warrants that (a) Client has never been placed on the MasterCard MATCH system or the Combined Terminated Merchant File, and if so, Client has disclosed this to Active and (b) all transactions are bona fide and no transaction involves the use of a Card for any purpose other than the purchase of goods or services from Client and does not involve a Cardholder obtaining cash from Client unless allowed by the Rules and agreed in writing with Active.
20. ADDITIONAL INDEMNIFICATION AND LIMITATION OF LIABILITY In addition to any other indemnity obligations provided under this Agreement, Client also agrees to indemnify and hold harmless Active's sponsor bank for acting in accordance with any instruction from Client or Active regarding Client's use of the Services. Further, Client shall indemnify and hold harmless Active's sponsor banks, the Card Brands, and Active, and all employees, officers, directors, shareholders and agents of Active or Active's sponsor bank from any and all loss, cost, expense, claim, damage, and liability (including attorneys' fees and costs) paid or incurred by any one or more of them, arising from, caused by, or attributable to, any of the following: (1) any Card transaction processed under this Agreement, (2) any breach by Client of this Agreement and those related to any bankruptcy proceeding; (3) willful misconduct, fraud, intentional tort or negligence by Client or that of Client's employees, agents or representatives; (4) theft, embezzlement, or unauthorized use; or (5) action by Active or Active's sponsor bank exercising any right under this Agreement, Laws, Rules, or Policies.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ACTIVE'S SPONSOR BANK'S
TOTAL AGGREGATE LIABILITY FOR ALL MATTERS ARISING FROM OR RELATED TO THIS AGREEMENT IS LIMITED TO $10,000 U.S. DOLLARS.
21. IRS REPORTING
To comply with RS 1099-K reporting requirements, Active may be required to file a form 1099-K with the U.S. Internal Revenue Service (IRS). Active may collect 28% federal backup withholding upon transaction settlement, on behalf of the IRS, from Client if Client does not supply your legal name, SSN or EIN, or if Client fails to respond to a request from Active to verify the same. All withholdings will be remitted to the IRS as required by law. To avoid potential backup withholdings, Client should notify Active any time there is a change to your SSN, EIN, legal name, or business address, and ensure you respond to any request for verification and record update from Active.
DocuSign Envelope ID: A5F05465-AC0B-4BB7-988F-80CC7D32399F
22. RIGHTS AND REMEDIES CUMULATIVE
The rights conferred upon Active, Active's sponsor banks, and the Card Brands in this Agreement are not intended to be exclusive of each other or of any other rights and remedies Active has under this Agreement, at law, or in equity. Rather, each and every right Active has at law or in equity will be cumulative and concurrent and in addition to every other right.
23. AMENDMENTS
This Agreement and the Policies referenced and incorporated in this Agreement may be amended, modified, or revised at any time without notice. While Active may notify Client as the Agreement or Policies are modified, it is Client's sole responsibility to review and maintain familiarity with the Agreement and Policies, including any changes that may be made to these documents, respectively, from time to time thereto, and Client is bound by any changes. The amendments to this Agreement and/or Policies referenced herein will become effective and binding upon Client immediately. In the event Client does not agree to the aforementioned amendments and do not wish to be bound the terms and conditions thereto, Client shall provide written notice to Active. Notwithstanding the foregoing, changes to fees authorized by this Agreement will be effective upon the giving of notice to Client and any fee increase, change in Rules, or other requirement imposed by Card Brands may be passed on to Client and will be effective upon the giving of notice to Client.
24. AGENCY RELATIONSHIP
Client authorizes Active with respect to the Services to act as Client's agent for the limited purposes of holding, receiving, and disbursing funds on Client's behalf. Client's authorization permits Active to generate an electronic funds transfer to process each payment transaction.
This authorization will continue until this Agreement is terminated. Client agrees that Active's receipt of transaction proceeds satisfies your customers' obligations to Client. Active will remit funds actually received by Active on Client's behalf, less amounts owed to Active, subject to any chargebacks or reserve withheld or applied as per this agreement.
25. SECURITY INTEREST, RESERVE, RECOUPMENT, PERSONAL GUARANTEE Because Active is financially responsible for action taken by you using the Services, we require certain protective measures as outlined below.
This Agreement will constitute a security agreement under the Uniform Commercial Code. You grant to us a security interest in and lien upon: (a) all funds representing amounts owing you under this Agreement at any time in the Member Operating Account, regardless of the source of such funds; (b) all funds at any time in the Reserve Account (as defined below), regardless of the source of such funds; (c) present and future Card transactions; and, (d) any amount which may be due to you under this Agreement, including, without limitation all rights to receive any payments or credits under this Agreement (collectively, the "Secured Assets"). You agree to provide other security to us upon request to secure your obligations under this Agreement. These security interests and liens will secure all of your obligations under this Agreement and any other agreements now existing
DocuSign Envelope ID: A5F05465-AC0B-4BB7-988F-80CC7D32399F or later entered into between you us including, but not limited to, your obligation to pay any amounts due and owing to us. We may exercise this security interest without notice or demand of any kind by making an immediate withdrawal or freezing of your Secured Assets. Upon our request, you will execute one or more financing statements or other documents to evidence this security interest. You represent and warrant that no other person or entity has a security interest in the Secured Assets. With respect to such security interests and liens, we will have all rights afforded under the Uniform Commercial Code and any other applicable law and in equity. You must obtain from us written consent prior to granting a security interest of any kind in the Secured Assets to a third party. You agree that this is a contract of recoupment. As such, we are not required to file a motion for relief from a bankruptcy action automatic stay to realize on any of the Secured Assets. Nevertheless, you agree not to contest or object to any motion for relief from the automatic stay filed by us. You authorize us and appoint us your attorney in fact to sign your name to any financing statement used for the perfection of any security interest or lien granted hereunder.
For the purpose of providing a deposit and a source of funds to pay us for amounts owed by you, you shall deposit to an account maintained by us titled to our sponsor banks, initially or at any time in the future, as requested in good faith by us, sums sufficient to satisfy your current and/or future obligations as determined by us ("Reserve Account"). Funds, if any, in the Reserve Account shall remain in the Reserve Account until each of the following has occurred: (a) this Agreement has been terminated; and, (b) you have paid us in full all amounts owing or that could ever be owed under this Agreement, including, without limitation, all outstanding or uncollected amounts and potential chargebacks. Our sponsor banks shall have sole control of the Reserve Account. Our sponsor banks or we may, at any time, require that the amount on deposit in the Reserve Account be increased and shall have sole discretion as to the amount from time to time. In no event shall you be entitled to a return of any sums remaining in the Reserve Account for 270 days following the effective date of termination of this Agreement. We have the right to debit your funds in the Member Operating Account to establish, increase, or maintain funds in the Reserve Account. We may deposit into the Reserve Account funds we would otherwise be obligated to pay you, for the purpose of establishing, increasing, or maintaining the Reserve Account in accordance with this section, if we determine such action is reasonably necessary to protect our interests. You understand and agree that if you are required to establish a Reserve Account, you have an obligation under this Agreement to maintain at all times a balance in the Reserve Account sufficient to protect us against losses resulting from transactions initiated by you. Active may, without notice to Client, apply funds deposited in your Reserve Account against any outstanding amounts you owe us under this Agreement or any other agreement between Client and Active. Also, Active may debit your Reserve Account to exercise our rights under this Agreement to collect any amounts due to us including, without limitation, rights of set-off and recoupment.
Active has the right of recoupment and set-off. This means that Active may offset any outstanding or uncollected amounts owed to us from: (a) any amounts owed to Client and (b) any other amounts Active may owe Client under this Agreement or any other agreement. Client acknowledges that in the event of a bankruptcy proceeding, in order for you to provide adequate protection under Bankruptcy Code § 362 to Active, Client must create or maintain the Reserve Account and Active will have the right to offset against the Reserve Account for any and all obligations which Client may owe to Active, without regard to whether the obligations relate to Card transactions initiated or created before or after the filing of the bankruptcy petition.
DocuSign Envelope ID: A5F05465-AC0B-4BB7-988F-80CC7D32399F
26. DESIGNATION OF DEPOSITORY
The financial institution set forth in Client's application or order form is designated by Client as a depository institution ("Depository") for its card indebtedness hereunder. Such financial institution must be a member of an Automated Clearing House Association. Client authorizes payment for indebtedness purchased hereunder to be made by paying Depository therefore with instructions to credit Client's account(s) with Depository (the "Account(s)").
Active and/or its sponsor banks may charge the Account(s) for any amount due under this Agreement. Active must approve in writing any proposed changes to the Account(s) or to the Depository. Client represents and warrants that: (a) the Client Account(s) will always be in the same legal and DBA (if applicable) name as Client's name on Client's application or order form; (b) Client will own and maintain control of the Account(s) and will keep such Account(s) open at all times during the term and as long as any reserve account is in effect; and, (c) the Account(s) will not be associated with any merchant processing activity that is illegal or prohibited by the Rules or Law, including without limitation merchant processing activity associated with other accounts and/or processors. Client hereby authorizes Depository to release any and all account information to Active as Active may request without any further authorization, approval, or notice from or to Client.
27. DISCOVER PROGRAM MARKS
Merchant is hereby granted a limited non-exclusive, non -transferable license to use Discover brands, emblems, trademarks, and/or logos that identify Discover cards ("Discover Program Marks"). Merchant is prohibited from using the Discover Program Marks other than as expressly authorized in writing by Global Direct. Merchant shall not use the Discover Program Marks other than to display decals, signage, advertising and other forms depicting the Discover Program Marks that are provided to Merchant by Global Direct pursuant to this Card Services Agreement or otherwise approved in advance in writing by Global Direct. Merchant may use the Discover Program Marks only to promote the services covered by the Discover Program Marks by using them on decals, indoor and outdoor signs, advertising materials and marketing materials; provided that all such uses by Merchant must be approved in advance by Global Direct in writing. Merchant shall not use the Discover Program Marks in such a way that customers could believe that the products or services offered by Merchant are sponsored or guaranteed by the owners of the Discover Program Marks. Merchant recognizes that it has no ownership rights in the Discover Program Marks and shall not assign to any third party any of the rights to use the Discover Program Marks.
DocuSign Envelope ID: A5F05465-AC0B-4BB7-988F-80CC7D32399F
28. Termination
28 (a) Termination without cause. Active or its sponsor bank may terminate this Agreement without cause upon 30 days advance written notice to Client. 28 fb) Termination for cause. Active or its sponsor bank may terminate this Agreement in its sole discretion, effective immediately, upon written notice to Client if Active or its sponsor bank reasonably determines that any of the following conditions exist:
Client has violated any provision of this Agreement.
There is a material adverse change in Client's financial condition, material change in Client's processing activity, processing activity inconsistent with the Merchant Application, or Active or it's sponsor bank determines in its sole discretion that Client's processing activity could result in a loss to Active or Active's sponsor bank.
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Services
General
Terms
LAST UPDATED JULY 8, 2022
Print
Products and Services General Terms
Client's relationship with Active and Client's
use of Active's products and services
(including Client's licensing of Active's SaaS,
Client's use of Services, and/or Client's
purchase or leasing of Hardware) are subject
to the terms and conditions set forth herein
and are between Client and Active.
Capitalized terms are defined in Section 7
below, unless otherwise defined within the
body of this Agreement, the applicable
Product Attachment, or Schedule. In orc,
use the Products, Client must first agree to
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this Agreement. Client represents and
warrants that Client has the necessary and
full right, power, authority, and capability to
accept this Agreement, to bind Client's
organization, and to perform Client's
obligations hereunder. Client can accept this
Agreement by: (a) clicking to accept or agree
to this Agreement, where this option is made
available to Client by Active in the user
interface for any Product; (b) signing a
document where a link to this Agreement
appears in an order form, Schedule, or other
document provided to Client by Active; (c) by
signing this Agreement, if there is a
designated area to sign; or (d) by actually
using the Products. In the case of (d), Client
understands and agrees that Active will treat
Client's use of the Products as acceptance of
this Agreement from that point onwards.
Client may not use the Products and may not
accept this Agreement if (i) Client is not of
legal age to form a binding contract with
Active, or (ii) Client is a person barred from
receiving the Products under the laws of the
United States or other countries, including the
country in which Client is a resident or from
which Client uses the Products. Client may
not use the Products if Client does not accept
this Agreement. By accepting this
Agreement, Client agrees as follows:
1. AGREEMENT STRUCTURE AND SCOPE.
1.1. General Terms and Incorporation of
Product Terms. This Agreement establishes
the general terms and conditions to which
the parties have agreed to in order to
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facilitate the licensing of the Products.
Additional Product -specific terms and
conditions are set forth in one or more
documents referenced in the applicable
Schedule, each of which is incorporated
herein (each, a "Product Attachment"). All
references to the "General Terms" mean this
document, exclusive of Product Attachments
and Schedules.
1.2. Incorporation of Schedules. The parties
may enter into new Schedules from time to
time. Each Schedule incorporates the terms
of these General Terms and the applicable
Product Attachment.
1.3. Incorporation of EULAs. Client's use of
any Third Party Products hereunder may be
subject to, and Client will comply with, this
Agreement and any applicable Third Party
EULA(s).
1.4. Incorporation of Exhibits. Client's use of
any payment processing services hereunder
will be subject to, and Client will comply with,
this Agreement and an applicable Exhibit(s).
1.5. Affiliates. Client's Affiliates may order
Products from Active (or one of Active's
Affiliates) by entering into a Schedule. In the
event that a Client Affiliate enters into a
Schedule with Active (or an Affiliate of Active),
reference in this Agreement to "Client" and
"Active" will mean the respective entity that
accepts (as described in the Preamble) the
applicable Schedule. Each such Schedule will
be deemed to be a separate agreement.
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3 fGw�A
2. Fl C # L TE S.
2.1. Fees; Pay ent Ter s; Currency. Fees,
currency, and payment terms are specified in
the applicable Schedule. Unless otherwise
specified in the Schedule, all amounts owed
by Client that are not directly collected by
Active are due from Client within thirty (30)
days from either (a) the end of the
remittance cycle during which the fees
accrued (if related to registrations or
transaction processing), or (b) the date of the
applicable invoice. Past due fees will accrue
interest at the lesser of the annual rate of ten
percent (10%) per annum or the maximum
amount permitted by applicable law. In the
event of any non-payment or delay in paying
a fee, Client agrees to reimburse Active for
any fees and expenses incurred in its
collection efforts. Payment of fees is under no
circumstances subject to, or conditioned
upon, the delivery of future Products or
functionality. Active shall have the right, once
per calendar year, to increase the
subscription fees by two percent (2%) and/or
the transaction fees by four percent (4%) (the
" nnual Fee Increase"), as applicable. In
special circumstances, Active, in its sole
discretion and upon thirty (30) days' written
notice to Client (which may be sent by email),
shall have the right to further increase the
subscription fees and/or transaction fees on
an annual basis by an additional amount
(the " « • itional Increase") provided that the
Annual Fee Increase and the Additional
Increase cumulatively do not exceed five
percent (5%) for subscription fees and/or
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2/21/23, 8:38 AM Products and Services General Terms I ACTIVE Network twelve and a half percent (12.5%) for
transaction fees.
2.2. itional Pay ent Ter s. If Active
reasonably believes that a transaction by
Client, licensee, or End User, as applicable,
may be fraudulent or otherwise contrary to
law, Active may issue an invoice or offset an
equivalent amount from Client's account or
any payment Active owes to Client and return
the value to the End User (as set forth below)
and if sufficient funds are not available, Client
must reimburse Active on demand. Active will
notify Client of the reason for such offset
provided that it is lawful to do so.
2.3. Cre a it • r s Surchar in • . All fees
described in the applicable Schedule are in
consideration of the Products that Active
provides. Active and Client acknowledge that
certain credit card network rules and laws
prohibit imposing a surcharge that is based
on the type of payment method used (e.g.,
having a different fee for the use of a credit
card vs. debit card), and therefore, each
agrees not to impose such a surcharge on
any End User.
2.4. Taxes. The prices stated in this
Agreement do not include Taxes. Client is
responsible for, and agrees to pay, any and
all required Taxes which may be assessed on
Client's invoices. If Client is tax-exempt, Client
will send Active a copy of its valid tax-exempt
certificate (or, as applicable, its reseller's
certificate) prior to execution of any Schedule.
Client is solely responsible for determining
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2/21/23, 8:38 AM Products and Services General Terms I ACTIVE Network which, if any, Taxes apply to End Users or
licensees in connection with Client's use of
the Products and for collecting, remitting, and
reporting the correct amounts of all such
Taxes to the applicable governmental
authorities, even if Active provides Client with
tools that assist Client in doing so. In the
event that a governmental authority requires
Active to pay any Taxes attributable to
Client's use of the Products, to the extent not
prohibited by law, to the extent not prohibited
by law, Client agrees to defend, indemnify,
and hold Active harmless from all such Taxes
and all costs and expenses related thereto.
Active reserves the right to modify this section
and apply all required Taxes to this
Agreement upon providing a thirty (30) day
written notice to Client in order to comply with
applicable laws. When Active is acting as the
payment facilitator and Client elects to
include an additional fee in the End Users'
cart that is identified as a "sales tax" or similar
designation, then, no more frequently than
once per calendar year during the Term of
the Agreement, Active may, upon at least five
(5) business days' prior written notice, (a)
require Client to send to Active Client's books
and records related to its sales tax payments,
and/or (b) visit Client's premises during
Client's normal business hours to review
Client's sales tax payments.=
3. L ITE I TS • E S IP;
E IFIC . TI. ; C Fl TI LITY.
3.1. eservation of • • hts. All rights not
expressly granted in this Agreement are
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2/21/23, 8:38 AM Products and Services General Terms I ACTIVE Network reserved by Active and its licensors. Client
acknowledges that: (a) all Protected
Materials are licensed and not sold; (b) Client
acquires only the right to use the Products in
accordance with this Agreement, and Active
and/or its licensors will retain sole and
exclusive ownership of and all right, title, and
interest in the Products, including the
following: (i) all Intellectual Property
embodied or associated with the Products,
(ii) all deliverables and work product
associated with the Products, and (iii) all
copies and derivative works thereof; and (c)
the Products, including the source and object
codes, logic, and structure, contain and
constitute valuable trade secrets of Active
and its licensors.
3.2. estrictions. Unless otherwise set forth
in a EULA, Product Attachment, or Schedule,
Client will not itself, or through any Affiliate,
employee, consultant, contractor, agent, or
other third party: (a) sell, resell, distribute,
host, lease, rent, license, or sublicense, in
whole or in part, the Protected Materials; (b)
decipher, decompile, disassemble, reverse
assemble, modify, translate, reverse engineer,
or otherwise attempt to derive source code,
algorithms, tags, specifications, architecture,
structure, or other elements of the Products in
whole or in part, for competitive purposes or
otherwise; (c) allow access to, provide,
divulge, or make available the Protected
Materials to any user other than those who
are licensed pursuant to this Agreement to
have such access; (d) write or develop any
derivative works based upon the Products; (e)
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2/21/23, 8:38 AM Products and Services General Terms I ACTIVE Network modify, adapt, translate, or otherwise make
any changes to the Products or any part
thereof; (f) use the Protected Materials to
provide processing services to third parties, or
otherwise use the same on a service bureau
basis; (g) disclose or publish, without Active's
prior written consent, (i) performance or
capacity statistics, or the results of any
benchmark test performed on the Products,
or (ii) the terms (but not the existence) of this
Agreement or other valuable trade secrets of
Active or its licensors; (h) without Active's
prior written consent, perform or disclose or
cause to be performed or disclosed any
information related to any security
penetration or similar tests; (i) disclose or
otherwise use or copy the Protected Materials
except as expressly permitted herein; (j)
remove from any Products identification,
patent, copyright, trademark, or other notices
or circumvent or disable any security devices'
functionality or features; (k) contest or do or
aid others in contesting or doing anything
which impairs the validity of any proprietary
or Intellectual Property rights, title, or interests
of Active in and to any Products; (I) use the
Products for other than authorized and legal
purposes, consistent with this Agreement and
all applicable laws, regulations, and the rights
of others; (m) take any steps to avoid or
defeat the purpose of security measures
associated with the Products, such as sharing
of login and password information, or
attempt to circumvent any use restrictions; or
(n) except as expressly permitted by this
Agreement, use the Protected Materials for
hosting purposes. Further, Client will: (o) not
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2/21/23, 8:38 AM Products and Services General Terms I ACTIVE Network use the Products to transmit, publish, or
distribute any material or information: (i) for
which Client does not have all necessary
rights and licenses, including any material or
information that infringes, violates, or
misappropriates the Intellectual Property
rights of any third party; (ii) that contains a
computer virus or other code, files, or
programs designed to disrupt or interfere
with the functioning of the Products; (iii) that
is inaccurate or misleading; (iv) that is or that
may reasonably be perceived as being
harmful, threatening, offensive, obscene, or
otherwise objectionable; (v) that contains a
virus or malicious code; or (vi) that includes
the private information of another without
express permission, including but not limited
to contact information, social security
numbers, credit card numbers or other
information which a reasonable person would
consider private in nature; (p) not attempt to
gain access to any systems or networks that
connect to the Products except for the
express purpose of using the Products for
their intended use; (q) not engage in any
activity that interferes with or disrupts the
Products; and (r) not use the Products in
violation of the CAN-SPAM Act, Canadian
Anti -Spam Legislation, or any other
applicable laws pertaining to unsolicited
email, SMS, text messaging or other electronic
communications.
3.3. Enforce ent. Client will (a) ensure that
all Client users of Products comply with the
terms and conditions of this Agreement; (b)
promptly notify Active of any actual or
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2/21/23, 8:38 AM Products and Services General Terms I ACTIVE Network suspected violation thereof; and (c)
cooperate with Active with respect to any
investigation and enforcement of this
Agreement.
3.4. ctive In ';e nification. Active agrees
to defend, settle, and pay damages
(including reasonable attorneys' fees)
("Client Losses") relating to any third party
claim, demand, cause of action, or
proceedings (whether threatened, asserted,
or filed) ("Clai (s) ainst Client") against
Client to the extent that such claim is based
upon Active's proprietary Products (excluding
Professional Services and Third Party
Products) directly infringing a United States
patent, registered United States copyright, or
registered United States trademark, provided
that the Products are used in compliance
with this Agreement; provided Client shall (i)
promptly give Active written notice of the
Claim Against Client; provided, however, that
Client's failure to give or delay in giving such
notice to Active shall not relieve Active of any
liability it may have to Client except to the
extent that Active demonstrates that the
defense of such Claim Against Client is
prejudiced thereby, (ii) gives Active sole
control of the defense and settlement of the
Claim Against Client; provided that Active
may not settle any Claim Against Client
without Client's prior written consent unless
such settlement includes a complete and
final release of liability and Client Losses
against Client and does not impose any
obligations on Client, and (iii) gives Active all
reasonable assistance, at Active's expense.
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3.5. Infrin a ent. Active shall have no
liability or obligation under Section 3.4 above
or otherwise to the extent a Claim Against
Client is based upon (i) use of the Products in
combination with software or hardware not
provided by or specified by Active in the
Documentation, if infringement would have
been avoided in the absence of such
combination; (ii) modifications of the
Products made by any individual or entity
other than Active or at Active's written
direction; or (iii) use of the Products by Client
or any User in a manner not expressly
permitted by the Agreement. If Active has
reason to believe that the Products may
infringe or misappropriate any third party
Intellectual Property right or otherwise give
rise to an infringement or misappropriation
Claim Against Client, Active may in its sole
discretion and at no cost to Client (a) modify
the Products so that they no longer infringe or
misappropriate or (b) obtain a license for
Client's continued use of that Products in
accordance with this Agreement. If Active
determines (a) and (b) above are not
reasonably practicable, Active may (x)
terminate Client's subscriptions for the
Products, if applicable, or (y) terminate this
Agreement, if Client is not using the Products
on a subscription basis, upon thirty (30) days'
written notice and Active will refund to Client
any prepaid fees covering the remainder of
the Term (as defined in the applicable
Product Attachment) of the subscription(s).
Active's defense and indemnification
obligations in Section 3.4 above do not apply
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2/21/23, 8:38 AM Products and Services General Terms I ACTIVE Network to the extent a Claim Against Client arises
from Client's breach of this Agreement.
3. • Client In:;e nification. To the extent
not prohibited by law, Client will defend
Active, and hold Active and its Affiliates and
their respective employees, directors,
successors and permitted assigns harmless,
against any claim, action, regulatory action,
demands, lawsuit or proceedings (whether
threatened, asserted, or filed) made or
brought against Active by a third party to the
extent that such claim is based upon (a) any
actual, alleged or anticipated breach by
Client of this Agreement; (b) injury or death to
a person or damage to property resulting
from the participation in an Event (as defined
in the applicable Product Attachment)
operated by Client in connection with the
Products; (c) Client's provision to Active of
materials, products, or services as part of
Client's obligations hereunder that infringe
the Intellectual Property rights of any third
party provided that such materials, products,
or services are used by Active in accordance
with the Agreement; (d) use or unauthorized
disclosure of Participant Information by Client
or other third parties to whom access is given
to Participant Information as provided
hereunder; (e) Client's use of the Products in
violation of Section 3.2 (Restrictions) of these
General Terms; and/or (f) any claims for
refunds or chargeback requests from End
Users ("Clai (s) ainst ctive"). To the
extent not prohibited by law, Client will
indemnify Active from any damages,
liabilities, losses, expenses, fines, penalties
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2/21/23, 8:38 AM Products and Services General Terms I ACTIVE Network and/or judgments, attorney fees and costs
finally awarded against Active as a result of,
or for any amounts charged to Active,
recoverable from Active and/or paid by
Active under a Client and court -approved
settlement of, a Claim Against Active (" ctive
Losses"); provided Active (i) promptly gives
Client written notice of the Claim Against
Active; provided, however, that Client shall not
be excused from its indemnification
obligations unless a delay in providing such
notice impairs Client's ability to defend the
Claim Against Active; (ii) gives Client sole
control of the defense and settlement of the
Claim Against Active (except that Client may
not settle any Claim Against Active unless it
unconditionally releases Active of all liability),
and (iii) gives Client all reasonable
assistance, at Client's expense. The above
defense and indemnification obligations do
not apply to the extent a Claim Against Active
arises from Active's breach of this Agreement.
3.7. Sole y. This "Mutual
Indemnification" Section states the
indemnifying party's sole liability to, and the
indemnified party's exclusive remedy against,
the other party for a third party claim that
constitutes either a Claim Against Client or a
Claim Against Active as described in this
Section.
3. ► efinition of Confi ential Infor ation.
During the Term (as defined in the applicable
Product Attachment) of this Agreement and
for a period of three (3) years after the
expiration of or the termination of this
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2/21/23, 8:38 AM Products and Services General Terms I ACTIVE Network Agreement each party acknowledges and
agrees that "Confi•'ential Infor •tion"
means all information disclosed by a party
(" ' isclosin + P # rty") to the other party
(" •eceivin. Party"), whether orally or in
writing, that is designated as confidential or
that reasonably should be understood to be
confidential given the nature of the
information and the circumstances of
disclosure. Confidential Information of Client
includes Client data; Confidential Information
of Active includes the Products; and
Confidential Information of each party, solely
by way of illustration, and not in limitation,
shall include the following information: the
terms and conditions of this Agreement
(including pricing), financial data, plans,
forecasts, Intellectual Property,
methodologies, as well as business and
marketing plans, technology and technical
information, product plans and designs,
Client information, strategic analyses and
business processes, in each instance
disclosed by such Disclosing Party or any of
its Representatives regarding it and its
Affiliates. However, Confidential Information
does not include any information that the
Receiving Party can demonstrate (i) is or
becomes generally known to the public
without breach of any obligation owed to the
Disclosing Party; (ii) was known to the
Receiving Party prior to its disclosure by the
Disclosing Party without breach of any
obligation owed to the Disclosing Party; (iii) is
received from a third party without breach of
any obligation owed to the Disclosing Party;
or (iv) was independently developed by the
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2/21/23, 8:38 AM Products and Services General Terms I ACTIVE Network Receiving Party without use of or reference to
the Disclosing Party's Confidential
Information, as evidence by prior
documentation or tangible embodiments of
such information
3.... Protection of Conf • ential Infor • tion.
The Receiving Party will use the same degree
of care that it uses to protect the
confidentiality of its own confidential
information of like kind (but not less than
reasonable care) (i) not to use any
Confidential Information of the Disclosing
Party for any purpose outside the scope of
this Agreement, and (ii) except as otherwise
authorized by the Disclosing Party in writing,
to limit access to Confidential Information of
the Disclosing Party to those of its and its
respective Affiliates' employees, officers,
directors, agents, representatives and
contractors, including, legal counsel, tax
advisors and/or accountants who need that
access for purposes consistent with this
Agreement and who have signed
confidentiality agreements with or are
otherwise subject to enforceable obligations
to the Receiving Party that contain
protections no less stringent than those
herein (collectively, " eresentatives").
Neither party will disclose the terms of this
Agreement to any third party other than its
Representatives without the other party's
prior written consent, provided that a party
that makes any such disclosure to its
Representatives will remain responsible for
such Representatives compliance with this
"Confidentiality" Section.
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3.1 •uire ®sclosure. The Receiving Party
may disclose Confidential Information of the
Disclosing Party to the extent compelled by
law to do so, provided the Receiving Party
gives the Disclosing Party prior notice of the
compelled disclosure (to the extent legally
permitted) and reasonable assistance, at the
Disclosing Party's cost, if the Disclosing Party
wishes to contest the disclosure. If the
Receiving Party is compelled by law to
disclose the Disclosing Party's Confidential
Information as part of a civil proceeding to
which the Disclosing Party is a party, and the
Disclosing Party is not contesting the
disclosure, the Disclosing Party will reimburse
the Receiving Party for its reasonable cost of
compiling and providing secure access to
that Confidential Information.
4. • ISC I E S r LI T #,,T
LI LITY.
4.1 EXCEPT AS OTHERWISE SET FORTH HEREIN
AND TO THE EXTENT PERMITTED BY APPLICABLE
LAW, CLIENT ACKNOWLEDGES AND AGREES
THAT THE PRODUCTS ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. THE
WARRANTIES, IF ANY, SET FORTH HEREIN AND IN
THE PRODUCT ATTACHMENTS ARE LIMITED TO
THEIR EXPRESS TERMS AND ARE IN LIEU OF, AND
ACTIVE, ITS LICENSORS, AND SUPPLIERS
EXPRESSLY DISCLAIM TO THE MAXIMUM EXTENT
PERMITTED BY LAW, ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, ORAL OR WRITTEN,
INCLUDING ANY (a) WARRANTY THAT THE
PRODUCTS ARE ERROR -FREE OR "BUG" -FREE,
ACCURATE, SECURE, OR RELIABLE; (b)
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WARRANTY THAT THE PRODUCTS WILL OPERATE
WITHOUT INTERRUPTION; (c) WARRANTY THAT
ALL ERRORS WILL BE CORRECTED OR THAT THE
PRODUCTS WILL COMPLY WITH ANY LAW, RULE,
OR REGULATION; (d) IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, OR NON -INFRINGEMENT; (e)
IMPLIED WARRANTIES ARISING FROM STATUTE,
COURSE OF DEALING, COURSE OF
PERFORMANCE, OR USAGE OF TRADE; AND (f)
WARRANTY THAT THE PRODUCTS WILL MEET
CLIENT'S REQUIREMENTS. ACTIVE WILL NOT BE
LIABLE FOR INDIRECT DAMAGES OR LOSSES (IN
CONTRACT, STATUTE, TORT, OR OTHERWISE),
INCLUDING DAMAGES FOR LOST PROFITS, LOST
SAVINGS, COST OF REPLACEMENT PRODUCTS,
LOST DATA, LOSS OF USE OF INFORMATION OR
PRODUCTS, OR ANY INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR
SPECIAL DAMAGES, WHETHER OR NOT ACTIVE
HAS PREVIOUSLY BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. HOWEVER,
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO
THE ABOVE LIMITATION ONLY APPLIES WHERE
ALLOWED. TO THE EXTENT PERMITTED BY
APPLICABLE LAW, ACTIVE'S TOTAL AGGREGATE
LIABILITY FOR ALL MATTERS ARISING FROM OR
RELATED TO THIS AGREEMENT IS LIMITED TO
(I)THE AMOUNT OF FEES ACTUALLY PAID BY
CLIENT AS CONSIDERATION FOR THE SPECIFIC
PRODUCT UNDER THE APPLICABLE SCHEDULE
GIVING RISE TO SUCH CLAIMS DURING THE
TWELVE (12) MONTH PERIOD PRECEDING THE
DATE ON WHICH THE FIRST CAUSE OF ACTION
AROSE LESS ANY AMOUNTS PAID BY ACTIVE
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2/21/23, 8:38 AM
Products and Services General Terms I ACTIVE Network
WITH RESPECTIVE TO LIABILITIES UNDER THIS
AGREEMENT, OR (II) IF NO SUCH PAYMENTS
HAVE BEEN MADE OR SUCH AMOUNTS CANNOT
BE CALCULATED, 10,000 U.S. DOLLARS (OR THE
EQUIVALENT THERETO AS DETERMINED BY THE
APPLICABLE COUNTRY'S CURRENCY), AS
APPLICABLE. NOTWITHSTANDING THE ABOVE, IF
CLIENT RESIDES OUTSIDE OF THE U.S., THIS DOES
NOT AFFECT ACTIVE'S LIABILITY FOR DEATH OR
PERSONAL INJURY ARISING FROM ITS
NEGLIGENCE, NOR FOR FRAUDULENT
MISREPRESENTATION, MISREPRESENTATION AS
TO A FUNDAMENTAL MATTER, OR ANY OTHER
LIABILITY WHICH CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW.
4.2 TO THE EXTENT THIS AGREEMENT IS
GOVERNED BY ENGLISH LAW, THE FOLLOWING
APPLIES: ACTIVE IS LIABLE UNDER APPLICABLE
STATUTORY PROVISIONS FOR INTENT AND
GROSS NEGLIGENCE. THE SAME APPLIES TO
ASSUMPTIONS OF GUARANTEES, STRICT
LIABILITY, OR INJURY TO LIFE, LIMB, OR HEALTH.
ACTIVE IS LIABLE FOR ANY NEGLIGENT
BREACHES OF ESSENTIAL CONTRACTUAL
OBLIGATIONS BY ACTIVE BUT THE AMOUNT
SHALL BE LIMITED TO THE TYPICALLY OCCURRING
FORESEEABLE DAMAGE. ANY ADDITIONAL
LIABILITY OF ACTIVE IS EXCLUDED.
4.3 TO THE EXTENT THIS AGREEMENT IS
GOVERNED BY AUSTRALIAN LAW, THE
FOLLOWING APPLIES: EXCEPT AS EXPRESSLY
PROVIDED IN THIS AGREEMENT AND EXCEPT FOR
ANY CONDITION OR WARRANTY, THE EXCLUSION
OF WHICH COULD BE VOID OR OTHERWISE
CONTRAVENE THE TRADE PRACTICES ACT 1974
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2/21/23, 8:38 AM
Products and Services General Terms I ACTIVE Network
(CTH) OR ANY OTHER APPLICABLE LAW ("
E CLU r LE C • r.ITI • " ), ALL SOFTWARE AND
SERVICES OF ACTIVE ARE PROVIDED TO CLIENT
ON AN "AS -IS" BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. EXCEPT FOR ANY NON -
EXCLUDABLE CONDITION OR OTHERWISE AS
CONTAINED IN THIS AGREEMENT, ACTIVE
EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE
USE OF ITS SOFTWARE OR SERVICES WILL BE
UNINTERRUPTED OR ERROR FREE OR THAT THE
SPECIFICATIONS WILL MEET CLIENT'S
REQUIREMENTS. WHERE LEGISLATION IMPLIES
INTO THIS AGREEMENT ANY NON -EXCLUDABLE
CONDITION, ACTIVE'S LIABILITY FOR ANY BREACH
OF SUCH NON -EXCLUDABLE CONDITION WILL BE
LIMITED AT ACTIVE'S SOLE DISCRETION TO ONE
OR MORE OF THE FOLLOWING: (1) IN THE CASE
OF GOODS, ANY ONE OR MORE OF THE
FOLLOWING: (I) THE REPLACEMENT OF THE
GOODS OR THE SUPPLY OF EQUIVALENT GOODS;
(II) THE REPAIR OF THE GOODS; (III) THE
PAYMENT OF THE COST OF REPLACING THE
GOODS OR OF ACQUIRING EQUIVALENT GOODS;
OR (IV) THE PAYMENT OF THE COST OF HAVING
THE GOODS REPAIRED; (2) IN THE CASE OF
SERVICES: (I) THE SUPPLYING OF THE SERVICES
AGAIN; OR (II) THE PAYMENT OF THE COST OF
HAVING THE SERVICES SUPPLIED AGAIN. (B)
ACTIVE SHALL NOT BE LIABLE FOR INDIRECT,
INCIDENTAL, CONSEQUENTIAL, OR SPECIAL OR
PUNITIVE DAMAGES INCLUDING WITHOUT
LIMITATION DAMAGES FOR LOST PROFIT, LOSS
OF GOODWILL, WORK STOPPAGE, DATA LOSS,
ANTICIPATED SAVINGS OR COMPUTER FAILURE
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WHETHER IN AN ACTION IN CONTRACT OR TORT,
EVEN IF ACTIVE OR ANY OTHER PERSON HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR IF SUCH LOSS OUGHT
REASONABLY TO HAVE BEEN IN THE
CONTEMPLATION OF THE PARTIES AT THE
AGREEMENT DATE. DESPITE ANY OTHER
PROVISION CONTAINED IN THIS AGREEMENT,
ACTIVE'S TOTAL AGGREGATE LIABILITY FOR ALL
MATTERS ARISING FROM OR RELATED TO THIS
AGREEMENT IS LIMITED TO THE AMOUNT OF FEES
ACTUALLY PAID BY CLIENT AS CONSIDERATION
FOR THE SOFTWARE AND SERVICES GIVING RISE
TO SUCH CLAIM DURING THE TWELVE (12)
MONTH PERIOD PRECEDING THE DATE ON
WHICH THE CAUSE OF ACTION AROSE LESS ANY
AMOUNTS PAID BY ACTIVE WITH RESPECTIVE TO
LIABILITIES UNDER THIS AGREEMENT.
4.4 FOR THE PURPOSES OF THIS SECTION 4 AND
ANY INDEMNIFICATION PROTECTING ACTIVE
UNDER THIS AGREEMENT, REFERENCE TO ACTIVE
WILL ALSO INCLUDE ITS SUPPLIERS AND
LICENSORS.
5. TE TE i.TI
5.1. Ter . The Term (as defined in the
applicable Product Attachment) for each
Product offered under this Agreement will be
as set forth in the applicable Product
Attachment. This Agreement will continue
until either party terminates all Schedules
and Product Attachment as provided
hereunder.
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5.2. Ter ination. Either party may
terminate this Agreement, including anv or all
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executed hereunder, immediately upon
written notice: (a) in the event that the other
party commits a non -remediable material
breach of this Agreement and/or the
applicable Product Attachment or Schedule,
or if the other party fails to cure any
remediable material breach or provide a
written plan of cure acceptable to the non -
breaching party within thirty (30) days of
being notified in writing of such breach,
except for breach of Section 2 of these
General Terms which will have a ten (10) day
cure period; or (b) in the event of institution of
bankruptcy, receivership, insolvency,
reorganization, or other similar proceedings
by or against either party under any section
or chapter of the United States Bankruptcy
Code, as amended, or under any similar laws
or statutes of the United States or any state
thereof, if such proceedings have not been
dismissed or discharged within thirty (30)
days after they are instituted; or the
insolvency or making of an assignment for
the benefit of creditors or the admittance by
either party of any involuntary debts as they
mature or the institution of any reorganization
arrangement or other readjustment of debt
plan of either party not involving the United
States Bankruptcy Code. Where a party has
the right to terminate this Agreement, such
party may at its discretion either terminate
the entire Agreement or the applicable
Product Attachment or Schedule; provided
however, that termination of a Product
Attachment will automatically terminate all
Schedules entered into pursuant to such
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2/21/23, 8:38 AM Products and Services General Terms I ACTIVE Network Product Attachment. Product Attachments
and Schedules that are not terminated will
continue in full force and effect under the
terms ofthis Agreement. Following
termination of this Agreement or a Product
Attachment (for whatever reason), if
requested by Active, Client will certify that it
has returned or destroyed all copies of the
applicable Protected Materials and
acknowledges that its rights to use the same
are relinquished. Except for the refund of
prepaid fees set forth in Section 3.5
(Infringement), as applicable, termination for
any reason will not excuse Client's obligation
to pay in full any and all amounts due, nor will
termination by Active result in a refund of fees
paid.
5.3. Sus+=ension. Active will be entitled to
suspend any or all Products or deactivate
Client's account, including suspending its
performance and obligation to remit
payments hereunder, upon ten (10) days'
written notice to Client in the event Active
reasonably believes that Client is in breach of
this Agreement, Client's use of the Products is
not in compliance with applicable law or the
Agreement, is fraudulent, or is otherwise
suspect, or if there is a dispute as to the legal
authority of a Client -associated party to
perform hereunder. Further, Active, in its sole
discretion, may terminate Client's password,
accounts (or any part thereof), and/or
Client's right to use the Products, and remove
and discard any and all of Client's content
within the Products, at any time for any
reason or no reason, including, without
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2/21/23, 8:38 AM Products and Services General Terms I ACTIVE Network limitation, for lack of use, failure to timely pay
any fees or other monies due Active, or if
Active believes Client has violated or acted
inconsistently with the letter or sprit of this
Agreement. Client agrees that any
termination of its use of the Products may be
effected without prior notice, and
acknowledges and agrees that Active may
immediately deactivate or delete Client's
account and all related content and files
related to Client's account and/or bar any
further access to such files or Products.
Further, Client agrees that Active shall not be
liable to Client or any third party for any
termination of use of or access to the
Products. All provisions of this Agreement
that by their nature should survive
termination of Client's right to use the
Products shall survive (including, without
limitation, all limitations of liability, releases,
indemnification obligations, disclaimers of
warranties and Intellectual Property
protections and licenses).
6. EE P VS1
1. Force eure. Neither party will incur
any liability to the other party on account of
any loss, claim, damage, or liability to the
extent resulting from any delay or failure to
perform all or any part of this Agreement, if
and to the extent such delay or failure is
caused, in whole or in part, by events,
occurrences, or causes beyond the
reasonable control and without any
negligence on the part of the party seeking
protection under this subsection, including
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2/21/23, 8:38 AM Products and Services General Terms I ACTIVE Network internet service provider or third party
payment delays or failures, acts of God,
strikes, lockouts, riots, acts of war, terrorism,
earthquake, fire, or explosions. Dates by
which performance obligations are
scheduled to be met will be extended for a
time equal to the time lost due to the delay so
caused.
.2, ss.n ent. Active may assign this
Agreement and any or all of its rights and
obligations herein without Client's approval.
Client may not resell, assign, or transfer any
of its rights or obligations under this
Agreement except as expressly provided
herein, and any attempt to resell, assign, or
transfer such rights or obligations without the
prior written consent of Active will be null and
void.
.3. Chan a of Control. Client will cause
each Schedule hereunder to be assigned to
(a) the purchaser of all or substantially all of
Client's assets or equity securities or (b) to
any successor by way of merger,
consolidation, or other corporate
reorganization of Client ((a) and (b) together,
a "Chan «e of Control"). Client will provide
written notice to Active of any proposed or
completed Change of Control as soon as
permissible and in any event within five (5)
days of the public announcement or close of
the transaction, whichever occurs first. Within
the thirty (30) day period following such
notice, Active will have the right to
immediately terminate each applicable
Schedule if Active determines, in its
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2/21/23, 8:38 AM Products and Services General Terms I ACTIVE Network reasonable good faith discretion that the
purchaser or assignee is a competitor of
Active or a party with whom Active does not
want to do business. Client agrees to require
that the purchaser or assignee (as outlined in
this Section 6.3) agree, in writing, to be bound
by the terms and conditions of the
Agreement and each applicable Schedule.
.4. Ex ort; nti- i ery. The Products may
include encryption software or other
encryption technologies that may be
controlled for import, transfer, export, or other
purposes under Export Laws. Client may not
export, re-export, transfer, or re -transfer or
assist or facilitate in any manner the export,
re-export, transfer, or re -transfer of, or
provide access to, any portion of the Products
in violation of Export Laws, as determined by
the laws under which Client operates,
including: (a) to any country on Canada's
Area Control List; (b) to any country subject to
U.N. Security Council embargo or action; (c)
contrary to Canada's Export Control List Item
5505; (d) to countries subject to U.S.
economic sanctions and embargoes; and (e)
to persons or entities prohibited from
receiving U.S. exports or U.S.-origin items,
including, to any person or entity appearing
on the Office of Foreign Assets Control's
Specially Designated Nationals and Blocked
Persons List; the Bureau of Industry and
Security's Denied Persons List, Entity List, or
Unverified List; or the Department of State
Debarred List. Client hereby represents and
covenants that: (i) Client is eligible to access
the Products under Export laws and all other
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2/21/23, 8:38 AM Products and Services General Terms I ACTIVE Network applicable laws; and (ii) Client will import,
export, re-export, transfer, or re -transfer the
Products to, or use or access the Products in,
any country or territory only in accordance
with Export Laws and all other applicable
laws. Furthermore, Client hereby represents
and covenants that, in connection with its
respective activities conducted under this
Agreement, it will comply with the U.S. Foreign
Corrupt Practices Act of 1977, as amended,
the U.K. Bribery Act of 2010, as amended, and
the Convention on Combating Bribery of
Foreign Public Officials and has not, and will
not, make or receive, directly or indirectly, any
payments or gifts, or offers or promises of
payments or gifts or things of value in
exchange for anything that may arise out of
this Agreement in a manner that would
violate these laws and rules or any other
applicable anti -corruption or anti -bribery
laws or regulations.
6.5. otices. Any notices required to be
given under this Agreement will be in writing
sent to the address on file with Active for
Client or, in the case of Active, to the address
set forth in Section 7 of these General Terms
to the attention of Legal Department. Notices
will be deemed received the next day if sent
via overnight mail or courier with
confirmation of receipt, or three (3) days after
deposited in the mail sent certified or
registered.
. elationshi . This Agreement is not
intended to create a partnership, franchise,
joint venture, agency, or a fiduciary or
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2/21/23, 8:38 AM Products and Services General Terms I ACTIVE Network employment relationship. Neither party may
bind the other party or act in a manner which
expresses or implies a relationship other than
that of independent contractor.
.7. Severa * ility. If any part or provision of
this Agreement is held to be unenforceable,
illegal, or invalid by a court of competent
jurisdiction for any reason whatsoever, (a) the
validity, legality, and enforceability of the
remaining provisions of this Agreement
(including all portions of any provisions
containing any such unenforceable provision
that are not themselves unenforceable) will
not in any way be affected or impaired
thereby, and (b) to the fullest extent possible,
the unenforceable, illegal, or invalid provision
will be deemed modified and replaced by a
provision that approximates the intent and
economic effect of the unenforceable, illegal,
or invalid provision and this Agreement will be
deemed amended accordingly.
6. Survival. The following provisions will
survive any termination, cancellation, or
expiration of this Agreement: Sections 1, 2, 3.2,
3.5, 3.6, 3.7, 3.8, 3.9, 4, 5.2, 6, and 7 of these
General Terms, and such other provisions that
should reasonably survive termination,
cancellation, or expiration hereof.
.9. en ents; o aiver. No
amendment or waiver of any provision of this
Agreement will be effective unless it is in
writing and signed by both parties.
https://www.activenetwork.com/information/general-terms .1 . Entire •;ree ent. This Agreement
constitutes the parties' entire agreement
2/21/23, 8:38 AM Products and Services General Terms I ACTIVE Network relating to its subject matter. It cancels and
supersedes all prior or contemporaneous oral
or written communications, agreements,
requests for proposals, proposals, conditions,
representations, and warranties, or other
communication between the parties relating
to its subject matter as well as any prior
contractual agreements between the parties.
All pre-printed terms of any Client purchase
order, business processing document, or on-
line terms will have no effect. There have
been no material representations or
statements by any person or party to this
Agreement as an inducement for a party
hereto to accept this Agreement other than
what is expressly set forth in writing herein.
11. o Thir •' Party = eneficiaries. This
Agreement is for the benefit of the parties
and their successors and permitted assigns,
and does not confer any rights or benefits on
any third party, including any employee of a
party, any client of a party, or any employee
of a client of a party. Notwithstanding the
above, the parties acknowledge that all rights
and benefits afforded to Active under this
Agreement will apply equally to its licensors
and suppliers, and the owner of the Third
Party Products with respect to the Third Party
Products, and such third parties are intended
third party beneficiaries of this Agreement,
with respect to the Third Party Products as
applicable.
.12, overnin; La an•' Venue. Except as
set forth below, this Agreement will be
governed by the laws of the State of Texas,
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2/21/23, 8:38 AM Products and Services General Terms I ACTIVE Network without giving effect to the conflict of law
provisions thereof and as applicable under
United States federal law. The parties
irrevocably agree that any legal action or
proceeding relating to this Agreement will be
instituted only in any state or federal court in
Dallas County, Texas. Neither the United
Nations Convention of Contracts for the
International Sale of Goods nor the Uniform
Computer Information Transactions Act will
apply to this Agreement. THE PARTIES HERETO
IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO A
TRIAL BY JURY IN ANY LEGAL PROCEEDING
ARISING OUT OF OR RELATING TO THIS
AGREEMENT. Notwithstanding the above, for
purposes of this Agreement, certain of the
terms and conditions will vary depending on
the location of the Client. If a country or term
is not specified below, then the Governing
Law and Venue set forth above shall apply.
If Client's The Thecourts
principal governing having
place of law is: exclusive
business jurisdiction
is in: are:
Canada
Province of Province of
British British
Columbia Columbia
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2/21/23, 8:38 AM Products and Services General Terms I ACTIVE Network United England England
Kingdom,
Ireland,
Germany,
France,
orAustria
Singapore Singapore Singapore
New Zealand England England
Singapore Singapore Singapore
Hong Kong
Hong Kong Hong Kong
Australia
New South Sydney, New
Wales South Wales
Switzerland England England
Denmark England England
Netherlands England England
Spain England England
Sweden England England
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2/21/23, 8:38 AM Products and Services General Terms I ACTIVE Network .13 + . er of Prece •!ence. To the extent any
terms and conditions of these General Terms
conflict with the terms and conditions of any
Product Attachment, the provisions of the
Product Attachment will control. To the extent
any provision of these General Terms or any
Product Attachment conflict with the
provisions of a Third Party EULA, the Third
Party EULA will control. In the event of a
conflict between a Schedule and these
General Terms or the applicable Product
Attachment, the General Terms or the
applicable Product Attachment will control,
provided, however, that such standard
variable terms such as price, quantity, license
scope, payment terms, shipping instructions,
and the like will be specified on each
Schedule. Further, Client agrees and
acknowledges that it shall not itself, or
through any Affiliate, employee, consultant,
contractor, agent, or other third party, amend,
alter, or contract away (or seek to amend,
alter, or contract away) any of its rights,
liabilities, or obligations under this Agreement
through any means (including, but not limited
to, through any waiver, contract, terms, or
communication with End Users (individually
and collectively, "Client Ter s"). Client
agrees and acknowledges that any such
amendment, alteration, or contracting away
of any such liabilities, or obligations under this
Agreement shall be void, and of no force or
effect. Active shall bear no liability or
obligation to any End User under any Client
Terms, and any provision of any Client Terms
that is inconsistent with this Agreement, or
that expressly, implicitly, or effectively
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2/21/23, 8:38 AM Products and Services General Terms I ACTIVE Network imputes any liability or obligation upon Active
to any End User or to any other third party
shall be void, and of no force or effect.
6.14 Inter • retation. Any reference to a
statutory provision includes a reference to
any modification or re-enactment of it from
time to time. The headings and pronouns
contained herein are for convenience and
ease of reference only and will not affect the
construction or interpretation of this
Agreement. The word "including" in this
Agreement means "including, without
limitation." All references to days means
calendar days. This Agreement will not be
construed in favor of or against a party based
on the author of the document.
.15 Counter arts. These General Terms
and each Product Attachment, Schedule, and
any exhibits thereto may be executed in one
or more counterparts, each of which will
constitute an enforceable original of this
Agreement, and the parties agree that
electronic or digital signatures, as well as PDF
scanned copies of signatures, will be as
effective and binding as original signatures.
6.16 a e• ies Cu ulative; Injunctive elief.
All rights and remedies provided in this
Agreement are cumulative and not exclusive
of any other rights or remedies that may be
available to the parties, whether provided by
law, equity, statute, in any other agreement
between the parties or otherwise.
Furthermore, in the event of a breach or
threatened breach of the Intellectual Property
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2/21/23, 8:38 AM Products and Services General Terms I ACTIVE Network obligations in this Agreement, Active, in
addition to any and all other rights (at law or
in equity) which may be available, will have
the right of injunctive relief and other
appropriate equitable remedies to restrain
any such breach or threatened breach,
without the requirement of posting a bond.
6.17 U.S. overn ent estricte »' i » hts. The
Products are provided with restricted rights.
Use, duplication, or disclosure by the U.S.
Government is subject to restrictions as set
forth in subparagraph (c) of The Rights in
Technical Data and Computer Software
clause at DFARS 252.227-7013, or
subparagraphs (b)(1) and (2) of the
Commercial Computer Software - Restricted
Rights at 48 CFR 52.227-19, as applicable. The
Manufacturer is Active Network, LLC or one of
its Affiliates or subsidiaries.
7. EFI T
".ctive" means Active Network, LLC, or, if
Client's principal place of business is in
Canada, The Active Network, Ltd., together
with their Affiliates, with a principal place of
business at 5850 Granite Parkway, Suite 1200,
Plano, TX 75024.
https://www.activenetwork.com/information/general-terms ffiliates" of a designated corporation,
company, partnership, or other entity means
all entities which control, are controlled by, or
are under common control with the named
entity, whether directly or through one or
more intermediaries. For purposes of this
definition "controlled" and "control" mean
ownership of more than 50% of the votina
2/21/23, 8:38 AM Products and Services General Terms I ACTIVE Network capital stock or other interest having voting
rights with respect to the election of the
board of directors or similar governing
authority.
• ree ent" means these General Terms,
together with all Product Attachments and
Schedules accepted by the parties (as
described in the Preamble).
"Client" means the individual who accepts
this Agreement (as described in the
Preamble) and any business entity on behalf
of which such individual accepts this
Agreement.
",• ocu entation" means the user
instructions, release notes, manuals, or on-
line help files in the form generally made
available by Active, regarding the use of the
applicable Products, as updated by Active
from time to time.
"Effective ' ate" means the date of last
signature on page one of this Agreement.
"En• sers" means users who register for,
sign up, or otherwise use the Products in
connection with the Events (as defined in the
applicable Product Attachement).
"Ex ort La s" means export control laws and
regulations of the countries and/or territories
in which Active operates or in which the
Products are used, accessed, or from which
the Products are provided.
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2/21/23, 8:38 AM Products and Services General Terms I ACTIVE Network are" means computer hardware,
equipment, and/or utilities supplied by Active
pursuant to a Schedule.
"Intellectual Pro•erty" means any and all
intellectual property and proprietary rights (in
whole or in part) recognized in any country or
jurisdiction in the world, now or hereafter
existing, and whether or not perfected, filed, or
recorded, including inventions, technology,
patent rights (including patent applications,
divisions, and disclosures), copyrights and all
works of authorship (whether or not
copyrightable), moral rights, trade secrets,
trademarks and other indicators of source
(and the goodwill associated therewith),
service marks, trade dress, logos,
methodologies, procedures, processes, know-
how, tools, utilities, techniques, protocols,
various concepts, ideas, methods, models,
templates, software, source code, algorithms,
tools, utilities, the generalized features of the
structure, sequence and organization of
software, user interfaces and screen designs,
layouts, general purpose consulting and
software tools, utilities and routines, and logic,
coherence and methods of operation of
systems, training methodology and materials,
which Active has created, acquired, or
otherwise has rights in, and may, in
connection with the Products or the
performance of Services hereunder, create,
employ, provide, modify, create, acquire, or
otherwise obtain rights in, and in each case
includes any derivative works, alterations, and
other modifications using, incorporating,
based on, or derived from the foregoing.
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2/21/23, 8:38 AM Products and Services General Terms I ACTIVE Network ainten •.nce Services" means the provision
of Updates and Upgrades related to the SaaS
all as more particularly set out in the
applicable Product Attachment and/or
Schedule.
"Partici •ant Infor ation" means certain
information that Active collects from End
Users, individuals, and/or licensees as part of
the registration process for Events (as defined
in the applicable Product Attachment).
"Prea • e" means the first paragraph of
these General Terms.
"Pro *'ucts" means, collectively, SaaS, Services,
Hardware, and all other services, products, or
materials provided by Active to Client under
the terms of this Agreement.
"Professional Services" means the
implementation, site planning, configuration,
integration, and deployment of the SaaS,
training, project management, or other
consulting services.
"Protecte•' aterials" means Products,
except for Hardware.
"SaaS" means (a) the software as a service
which is hosted by Active or its hosting
providers and which is accessed by Client
and its users via the internet; (b) Active's web
sites; and (c) associated services, as more
fully described in the applicable Product
Attachment. SaaS functionality is subject to
change from time to time at Active's sole
discretion.
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2/21/23, 8:38 AM Products and Services General Terms I ACTIVE Network "Services" means, collectively, (a)
Professional Services; (b) Maintenance
Services; (c) Support Services; and (d) any
other services set forth in a Schedule.
"Schedule" means the document, schedule,
quote, pricing form, web page, order form, or
similar document and the terms and
conditions contained therein "accepted" (as
described in the Preamble) by the parties
that describes order -specific information,
such as a description of Products ordered,
features, options, license details, and fees.
"Su * • ort Services" means the provision of
technical assistance for SaaS or Hardware as
further described in an applicable Product
Attachment and/or Schedule.
"Taxes" means any and all applicable taxes,
including sales, use, excise, withholding,
assessments, stamp, transfer, value-added,
duties, tariffs, export charges, import charges,
and other taxes or assessments (however
designated) imposed by any foreign, federal,
provincial, state, or local governmental
authority upon or applicable to Products
arising out of this Agreement, other than
those based on Active's net income.
"Thirs Party EUL ' eans the end user
license agreement, if any, that accompanies
the Third Party Products, which governs the
use of or access by Client to the applicable
Third Party Products.
"Thir Party Pro 'ucts" means those
hardware, firmware and/or software
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2/21/23, 8:38 AM Products and Services General Terms I ACTIVE Network products, including updates and
enhancements thereto, if any, owned by third
parties, together with all user manuals and
other documents accompanying the delivery
of the Third Party Products.
"U.• ates" means bug fixes, patches, error
corrections, minor releases, or modifications
or revisions that enhance existing
performance of the SaaS that are provided as
part of Maintenance Services. Updates
exclude Upgrades.
"U * • •'es" means a new SaaS release that
contains major functionality enhancements
or improvements; and which is designated by
an incremental increase in the release
number to the left of the decimal point (by
way of example only, release 5.0 designates
an Upgrade from release 4.x). Upgrades
exclude new products, modules or
functionality for which Active generally
charges a separate fee.
"User" means an individual who is authorized
by Client to use the Products and to whom
Client (or Active at Client's request) has
supplied a user identification and password.
Users may include employees, consultants,
contractors and agents of Client, and third
parties with which Client transacts business,
but shall not include Client's End User.
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Print
LAST UPDATED OCTOBER 27, 2022
This document is a "Product Attachment" as
defined in the General Terms entered into by
Client and Active and is subject to and
incorporates by reference the provisions of
the General Terms. This Product Attachment
is effective as of the date it is "accepted" (in
accordance with the Preamble to the General
Terms). Any capitalized terms not defined
herein have the meaning ascribed to them in
the General Terms.
Active HY-TEK Services Terms 1. PURCHASE AND SALE; DELIVERY.
And Conditions
Active Reserve Product
Attachment
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1.1 Active hereby agrees to sell to Client
Client hereby agrees to purchase from A_
the Third Party Products listed in the
2/21/23, 8:41 AM
Third Party Hardware Terms I ACTIVE Network
Active.com Listing Services
Terms
Consumer Demand
Generation Services Terms
and Conditions
Data Processing Addendum
Digital Marketing Agency
Terms
Endurance, Sports, and
Ticketing Product Terms
Equipment Rental Terms
Gateway API Product
Attachment
JumpForward Camps Product
Terms
JumpForward Product Terms
Marketing Services Terms
Payment Manager Product
Terms
Product and Service Terms
Products and Services
General Terms
Purchase of Goods and
Services
Recreation and Membership
Management Product Terms
TeamPages Product Terms
applicable Schedule in the volumes and at
the prices described therein. For purposes of
this Product Attachment, "Third Party
Products" means those hardware, firmware
and/or software products, provided to Active
by third parties, listed in the Schedule,
together with all user manuals and other
documents accompanying the delivery of the
Third Party Products, provided that the Third
Party Products shall not include Products
developed by Active.
1.2 Active will ship all or any part of the Third
Party Products to Client as soon as
reasonably practicable (or, if the below -
described purchase order documentation
does not seek immediate shipping, at the
time Active considers reasonable in order to
meet the desired delivery date described)
after receipt by Active of a purchase order
from Client specifying the particular Third
Party Products sought, the number of such
Third Party Products sought, the price payable
therefore, and the desired date and location
of delivery thereof. Any such purchase order
must, at a minimum, reference quantity,
description and price.
1.3 Following delivery by Client of any
purchase order documentation described in
Section 1.2, no changes by Client to the
shipment schedule described therein will be
permitted unless Active is notified thereof in
writing at least ninety (90) days in advance of
the delivery date sought in such purchase
order documentation.
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Third Party Hardware Terms I ACTIVE Network
Third Party Hardware Terms
Timing Equipment Sales and
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Timing Product Trial Period
Terms
Youth & Education Product
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Aviso De Privacidad
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Conditions Generates
D'utilisation
Condizioni D'uso
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1.4 Purchase orders delivered by Client to
Active in respect of Third Party Products are
not binding upon Active until accepted by
Active in writing. In any case, despite any
indication to the contrary contained in any
such purchase order documentation, no
terms or conditions on purchase order
documentation issued by Client, other than
the information required by Active as set forth
expressly in this Agreement, will be binding
upon Active, nor will any such terms or
conditions modify or supplement this
Agreement in any way, notwithstanding the
fact that Active may accept or otherwise
approve such purchase orders. Active
reserves the right to refuse any such
purchase order for any reason not contrary to
this Agreement, including without limitation
pricing differences as described in Section
2.2. 1.5 Client may purchase Third Party Products
in addition to those listed in the Schedule by
issuing additional purchase order
documentation as described herein, provided
that the supply (or non -supply) of such
additional Third Party Products will be subject
to this Agreement as though such additional
Third Party Products had been included in the
Schedule on the date of execution of
Schedule subject to the following: (a) the
price for such additional Third Party Products
is subject to agreement between the parties
each in their own absolute discretion, and (b)
Active shall have the right to discontinue
delivery of such additional Third Party
Products upon at least ninety (90) days
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2/21/23, 8:41 AM Third Party Hardware Terms I ACTIVE Network Politica De Cookies
3 fGw�A
written notice to Client without any liability to
Client whatsoever for such discontinuance.
2. C A ESA ' PAY E TS.
2.2 The pricing applicable to Third Party
Products is as set out in the Schedule in the
form finally agreed to by the Parties.
2.2 Client acknowledges that: (a) the prices
described in the Schedule are applicable for
thirty (30) days after the date of execution
hereof, and such prices are based upon
Client taking delivery of the full number of any
particular Third Party Product listed in the
Schedule in a single shipment; and (b) Client
hereby agrees that after the expiry of such
initial thirty (30) day period or, in case of
Client seeking, in a particular shipment,
delivery of less than all of the Third Party
Products of a particular type listed the
Schedule, the actual prices may be higher.
Prior to shipment of any Third Party Products
that would be subject to pricing that differs
from that described in the Schedule, Active
will notify Client of any such different pricing
and Client will accept such different pricing,
as mutually agreed between Client and
Active, in writing.
3. S PP •; T F •' T I r P •'TY P• w UCTS. For
the purpose of isolating support issues and
responsibility in respect of Third Party
Products and their interaction with any
Products, Active will provide initial first -tier
support, to a maximum of fifteen (15) minutes
per support inquiry.
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2/21/23, 8:41 AM Third Party Hardware Terms I ACTIVE Network
4. P
P IET Y
TS.
4.1 Client acknowledges that any Third Party
Products supplied by Active hereunder are
supplied by Active as a reseller thereof and
that the Third Party Products are subject to
the Intellectual Property rights of the various
third party developers and/or manufacturers
thereof, as applicable, including without
limitation copyright, trade secret, trademark,
and patent rights. Client will maintain in
confidence and not use or disclose any and
all confidential business or technical
information connected with any Third Party
Product except as specifically permitted by a
party having legal control of such rights, and
Client will defend or settle any claim made or
any suit or proceeding brought against Active
insofar as such claim, suit, or proceeding is
based on an allegation that any Third Party
Product provided to Client hereunder has
been installed, used, or otherwise treated by
Client or any client or customer of Client in
violation of the proprietary rights of any third
party or on an allegation that Client or any
client or customer of Client has disclosed or
used any confidential business or technical
information connected with any Third Party
Product, provided that Active will notify Client
in writing promptly after the claim, suit, or
proceeding is known to Active and will give
Client such information and assistance as is
reasonable in the circumstances. Client will
have sole authority to defend or settle any
such claim at Client's expense. To the extent
not prohibited by law, Client will indemnify
and hold Active harmless from and against
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2/21/23, 8:41 AM Third Party Hardware Terms I ACTIVE Network any and all such claims and will pay all
damages and costs finally agreed to be paid
in settlement of such claim, suit or
proceeding.
4.2 Client acknowledges that the possession,
installation and use of all Third Party Products
which are software shall be governed by the
terms of the software license(s) of the
persons other than Active who possess the
rights to control such possession, installation
and use.
TY.
5.1 Active warrants to Client that Active has
the right to deliver the Third Party Products
subject to any documentation
accompanying such Third Party Products at
the time of delivery and/or any licensing
mechanisms, physical, electronic or
otherwise, included in any Third Party
Products that are software.
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5.2 Third Party Products are warranted by the
manufacturers, suppliers or licensors thereof
in accordance with the warranty statements
accompanying delivery of the Third Party
Products, and Client agrees that Client will
rely solely on such Third Party Product
warranties. Client agrees not to make a claim
against Active on account of any warranty,
express or implied, which may apply to any
Third Party Product. If Client notifies Active of
a defect or nonconformity within thirty (30)
days of the date of delivery of such Third
Party Product, Active will assist Client in
troubleshooting such Third Party Product in
2/21/23, 8:41 AM Third Party Hardware Terms I ACTIVE Network accordance with Section 3. If such defect or
nonconformity cannot be remedied during
such troubleshooting and such Third Party
Product is still under the Third Party Product
warranty, Active shall contact the applicable
manufacturer, supplier or licensor of such
Third Party Product to coordinate any returns
or refunds. If a notice of a defect or
nonconformity is received by Active from
Client of the defect or nonconformity
following the initial the thirty -day (30) period,
Active's sole obligation and liability will be to
provide support in accordance with Section 3.
Returns and refunds are at the sole discretion
of the applicable manufacturer, supplier or
licensor.
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CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
TO: Honorable Mayor and City Council Members
FROM: Michael O'Kelly, City Manager
BY: Daisy Gomez, City Clerk
SUBJECT: Local Commissions Appointment List
DATE: January 27, 2025
RECOMMENDATION:
It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.
BACKGROUND/ DISCUSSION:
The Local Appointments List includes all Bell Gardens Commissions and Commissioners.
The City Council adopted Ordinance No. 825 on July 13, 2009 establishing minimum requirements for service on commissions. All Commissioners must reside within the City of Bell Gardens and may only serve on one Commission at a time. Once appointed, each Commissioner must adhere to the requirements of the City's Conflict of Interest Code and state -mandated AB 1234 ethics training and AB 1661 harassment training.
Ordinance No. 825 allows each Council Member to remove or appoint one candidate per Commission, subject to the approval of the Council majority. Appointed Commission Members serve terms that coincide with the term of the Council Member who made the appointment.
CONCLUSION:
After an appointment is made, Commission members will receive their Oath of Office before beginning service with their respective Commission at the next regularly scheduled Commission meeting. The City Clerk's Office will arrange for the proper filing of Conflict of Interest Code forms and schedule trainings for AB 1234 and AB 1661.
FISCAL IMPACT:
No fiscal Impact.
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
CITY OF BELL GARDENS
NOTICE OF COMMISSION VACANCIES
AND ACTIVE COMMISSIONERS
The City Council is seeking applications for the following vacancies:
NAME APPOINTED BY
VACANCY APPOINTMENT
POSTED DATE
EDUCATION COMMISSION
Meeting Date: Second Thursday of every month, City Hall Council Chamber, 5:00 p.m.
Staff Liaison - Ana Avalos, Recreation and Community Services Supervisor, (562) 806-765© Gabriela Galindo
Barcena
8/26/2024
VACANT
Chavez
12/9/2024
Crystal Jimenez
VACANT
De La Rosa
Guillen
1/13/2025
Micuel Maravilla
Sanchez
1/13/2025
PLANNING COMMISSION
Meeting Date:Third Wednesday of every month, City Hall Council Chamber, 5:15 p.m.
Staff Liaison - Steven Jones, City Planner, (562) 806-7722 Ernesto Ramirez
Barcena
04/08/2024
Carlos Jose Barrera
Chavez
1/13/2024
Kenneth Preciado
De La Rosa
1/13/2025
VACANT
Guillen
Oscar Boado
Sanchez
9/11/2023
RECREATION, CULTURAL AND YOUTH COMMISSION
Meeting Date: Third Thursday of every month, City Hall Council. Chamber, 6:00 p.m.
Staff Liaison - Armando Andrade, Recreation and Community Services Supervisor, (562) 806-7650 VACANT
Barcena
1/6/2025
VACANT
VACANT
Chavez
De La Rosa
12/9/2024
VACANT
Guillen
Carmen Vargas
Sanchez
7/22/2024
SENIOR CITIZEN COMMISSION
Meeting Date - Second Wednesday of every month, City HaII Council Chamber, 6:00 p.m.
Staff Liaison — Diana Ortiz, Recreation and Community Services Supervisor (562) 806-765O Ana Maria Sanchez Flores
Barcena
Chavez
1/9/2023
VACANT
12/09/2024
VACANT
De La Rosa
VACANT
Guillen
Stephanie Perez
Sanchez
TRAFFIC AND SAFETY COMMISSION
Meeting Date — First Tuesday of every month, City Hall Council Chamber, 5:30 p.m.
Staff Liaison — Bernardo Iniguez Director of Public Works/Facilities (562) 806-7770 David Heredia
Barcena
1/23/2023
1/9/2023
VACANT
Chavez
12/09/2024
VACANT
De La Rosa
VACANT
Guillen
Hugo Alvarado
Sanchez
1/9/2023
Applicants must be residents of the City. No person previously convicted of a felony in this state or elsewhere shall be permitted to serve on any City Commission. Before assuming the duties of a commissioner, each person appointed shall take and file with the City Clerk the same constitutional oath of office required of members of the city council. Any member of a commission shall be deemed to have resigned from the commission, and his or her office as a member of the commission shall automatically vacated, in the event, the member ceases to be a resident of the City or is convicted of a felony. (Bell Gardens Municipal Code Sections 2.68.030, 2.28.030, 2.22.030, 2.35.030) Applications may be obtained from the City Clerk's Office: 7100 Garfield Ave, Bell Gardens, CA 90201. Applications will be accepted in the City Clerk's Office on a continuous basis until an appointment is made. Please call the City Clerk's Office at (562) 806-7705 or email [email protected] for more information.
Daisy Gomez, City Clerk
Updated: 1/14/2025 Page 613 of 642
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
EXECUTIVE SUMMARY
TO:
FROM:
BY:
SUBJECT:
MEETING DATE:
Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Paul Camacho, Chief of Police
Assessment of Recent City -Wide Crime Statistics
January 27, 2025
RECOMMENDATION:
It is staffs recommendation that the City Council receive and file this report.
BACKGROUND/DISCUSSION:
The Bell Gardens Police Department monitors and analyzes crime trends and statistics to develop effective enforcement strategies and optimize resources. The attached presentation thoroughly assesses current crime trends within the City of Bell Gardens.
Additionally, the attached presentation includes a detailed analysis of incidents involving assaults with deadly weapons, shootings at inhabited dwellings or vehicles, attempted murder, and grand theft auto that have occurred over the past 75 days.
CONCLUSION:
This staff report and the attached presentation aim to provide a comprehensive assessment of the current crime trends within the City of Bell Gardens. The dedicated men and women of the Bell Gardens Police Department remain committed to the safety and well-being of our community. We will continue to enhance and foster collaborative partnerships with the community and local, state, and nonprofit organizations to effectively address the challenges that our community faces.
FISCAL IMPACT:
None.
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
Presentation to the Honorable Members of the Bell Gardens City Council Subject: Crime Statistics and Incidents of Note in the Community Period Covered: 75 Days (From 11-01-2024 to 01-15-2025) Prepared by: Det. Sgt. Edward Roberts & Chief Paul Camacho
What is the California Penal Code?
The Penal Code is a set of laws that define criminal offenses and their penalties in California.
It's the basis for criminal law in the state and is used to charge people with crimes.
What's included in the California Penal Code?
•Crimes and punishments: Defines criminal offenses and their penalties •Criminal procedure: Defines how criminal cases are handled •Imprisonment and the death penalty: Defines how people are punished for crimes •Prevention of crimes: Defines how to prevent crimes
•Apprehension of criminals: Defines how to catch criminals •Control of deadly weapons: Defines how deadly weapons are controlled Zj79 40 91.9 abed
CALIFORNIA
PENAL CODE
SECTION 602(L)
What is the California Vehicle Code?
The California Vehicle Code (CVC) is a set of laws that govern the operation, registration, and ownership of vehicles in California.
What the CVC covers:
'Rules of the road: The rules that drivers, bicyclists, and pedestrians must follow 'Criminal offenses: Laws related to the ' misuse, and other criminal acts involving vehicles 'Vehicle registration: Laws that govern the registration of vehicles and certificates of title 'Driver's licenses: Laws that govern the issuance, expiration, and renewal of driver's licenses Zj79 4o L1.9 abed
NIS
.NFOR
OR['
PUBLIC PARKING PROHIBITED
UNAUTHORIZED VEHICLES WILL
BE TOWED AWAY AT VEHICLE
OWNER'S EXPENSE C,V.C.22658A
UPLAND S,D. 909.946.7624
Z179 40 9 [9 abed
(SUMMARIZED
DEFINITIONS)
(ASSAULT WITH A DEADLY WEAPON
Z179 40 61.9 abed
Olt
The above statute is defined as attacking or attempting to attack another person with a weapon capable of causing death or great bodily injury.
Prosecutors can charge this offense as a misdemeanor or a felony, carrying up to 4 years in jail or prison.
Assault with a deadly weapon is often referred to as "ADW," aggravated assault, or commonly in BGPD nomenclature as Police Code 245.
EXAMPLES
Trying to stab someone with a broken beer bottle.
Throwing a hammer at someone in a fight,
Telling a pit bull to attack a person,
(ASSAULT WITH A FIREARM)
Z179 40 OZ9 abed
California Penal Code 245(a)(2) PC,
California law defines assault with a
firearm as assaulting a victim with the
use of a: pistol, rifle, shotgun,
semiautomatic firearm, machine gun,
.50 BMG rifle, or assault weapon.
The assault may take the form of:
pointing the firearm at the victim,
striking or "pistol-whipping" the victim,
firing the gun at the victim, or actually
shooting the victim.
California law defines an "assault" in
Penal Code 240 PC as an unlawful
attempt to commit a violent injury on
someone else coupled with the present
ability to do so. An assault can occur even
if no one is actually injured.
Here are some examples of people who might be charged under California's "assault with a firearm '° law:
s
Zj79 4o I,Z9 abed
s
01. A man who is angry that is ex-
wife is seeing another man
confronts her outside of her
apartment and points a gun at her
and shoots at her (missing).
r
s
03. 02.
During an argument over a
parking space, a woman retrieves
a rifle from the trunk of her car
and waves it at the person she is
arguing with.
After losing at a pool game in a
bar, a man goes out to his car,
l itiii,
comes back with a handgun, and
tries to use it to club the other
person over the head.
AT AN INHABITED DWELLING OR VEHICLE)
California Penal Code § 246 PC makes it a felony crime to discharge a firearm at an inhabited home or an occupied vehicle. Penalties include up to seven years in prison and up to $10,000 in fines, though the sentence can be much longer if a victim is injured or killed.
EXAMPLES
A man drives with his gun to his ex-
wife's house and fires a "warning
shot" in the direction of her front
lawn.
Zj79 40 ZZ9 abed
01 In a fit of road rage, a woman who has
just been cut off by another car fires a
pistol at that car.
A woman sees her car being stolen in
an act of grand theft auto; she grabs a
gun and shoots at the car as it drives
away.
............ ilanna manna•
(ATTEMPTED
MURDER)
California Penal Code § 664/187(a) PC (Attempted Murder) is defined as intending to kill the victim and taking a direct step towards killing them, but the victim does not die.
Attempted first -degree murder is punished by life in state prison.
The sentence for attempted second-degree murder is punished by 5, 7, or 9 years in state prison.
(First -degree murder (Penal Code 187 PC) is a
premeditated and willful killing. Second-degree is all other types of murder.
Trying to poison someone' oeat , 'but the
victim survives
Shooting or Stabbing someone in the chest,;,
with intent to kill, but the victim survives
Strangling someone with intent to kill, but
the victim survives
CODE § 10851 VC
California Vehicle Code section 10851(a) makes it a crime to take or drive someone else's vehicle without the person's consent. Commonly called joyriding, this offense can be charged as either a misdemeanor or a felony.
The key language of the code section states that any person who drives or takes a vehicle not his or her own, without the consent of the owner thereof, and with intent either to permanently or temporarily deprive the owner thereof of his or her title to or possession of the vehicle, whether with or without intent to steal the vehicle, or any person who is a party or an accessory to or an accomplice in the driving or unauthorized taking or stealing, is guilty of a public offense and, upon conviction thereof, shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of -0 Section 1170 of the Penal Code or by a fine of not more than five thousand dollars $5,000), or by both the fine and imprisonment.
rn
OF CVC 10851(a)
• Taking a friend's car without their permission
s Hotwiring a car to get somewhere and leaving it
• Taking a parent's car without their consent
• Taking a roommate's car without asking
• Taking an unattended firetruck for a joyride
�► Taking a police car for a joyride
• Taking a modified van for disabled people for a joyride • Penalties for CVC 10851
• Fines up to S10,000
• Prison time up to 4 years
• Penalties increase if the vehicle was an emergency vehicle or if v the driver has prior felony convictions
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CVC 10851 is a "wobbler"' offense,
meaning it can be charged as either a
misdemeanor or a felony
CRIMINAL STREET GANGS
The resurgence of gang activity often correlates with spikes in violence due to territorial disputes and criminal enterprises:
Territorial Control
Gangs may be competing for control over
neighborhoods or drug trafficking routes, leading to
shootings and stabbings as a means to assert
dominance
Recruitment of Youth
Economic hardship and a lack of opportunities may drive vulnerable youth into gang membership, increasing gang
activity and violence.
Retaliatory Violence
Gang culture often perpetuates cycles of retaliation,
where one act of violence triggers a chain reaction of
retributive attacks.
SOCIAL STRESSORS
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The broader socio-economic environment can fuel crime and violence:
Holiday -Season Pressure
The period from November through January often sees
spikes in crime due to financial stress and heightened
interpersonal conflicts during the holidays.
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MEDIA INFLUENCE
The normalization of violence and weaponry through cultural mediums can amplify the likelihood of violent crimes:
Social Media Conflicts
Disputes initiated or escalated online via social media platforms can often spill over into real -world violence.
Cultural Glorification of Guns
Media that glorifies firearm possession and gang lifestyles can influence at -risk individuals, particularly youth, to engage in violence.
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AND LOS
ANGELES COUNTY
Weaknesses in policy or enforcement mechanisms around firearms and gangs could contribute to the increase in violence:
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Gun Regulation Loopholes
Ineffective legislation on ghost guns may have enabled
their proliferation in communities such as Bell Gardens.
Gang Suppression Challenges
Inadequate funding or ineffective prosecution strategies for gang related cases may have allowed gangs to reestablish themselves in Bell Gardens.
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The Bell Gardens Pollee Department has implemented several strategic and collabcrative law enforcement efforts to address the uptick in shootings, stabbings, shootings at occupied dwelllings, and auto thefts. These initiatives aim to combat crlminal activity effectively and enhance public safety through targeted enforcement, partnerships, and proactive policing.
1 SOUTHEAST GANG TASK FORCE COLLABORATION
The Specialized Investigations Unit (SIU), commonly referred to as the Gang Unit, has intensified its focus on gang -related violence by aligning efforts with the Southeast Gang Task Force. This partnership enables a broader approach to suppress gang activity, leveraging shared intelligence and resources across jurisdictions. The alignment has:
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Facilitated coordinated operations targeting known gang members.
Enhanced intelligence -sharing to identify and address
gang hotspots.
Improved the ability to disrupt gang -related violence and retaliatory attacks.
PATROL AND THE SPECIALIZED INVESTIGATIONS UNIT
The General Investigations Unit has strengthened its partnership with patrol officers and the Special Investigations Unit to tackle crime comprehensively. This collaborative approach has
01 Enhanced communication
between patrol officers
responding to crimes and
detectives conducting
follow-up investigations.
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02 Streamlined the
identification of patterns in
property and violent
crimes.
03 Fostered a rapid -response
framework for identifying
suspects.
TASKFORCE FOR REGIONAL AUTO
THEFT PREVENTION (TRAP)
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Auto theft remains a significant concern in Bell Gardens, prompting the police department to partner with the Taskforce for Regional Auto Theft Prevention (TRAP). This collaboration has:
Increased the department's capacity to investigate
complex auto theft cases.
Led to the recovery of stolen vehicles and the
identification of organized auto theft rings.
Provided specialized training to officers on auto theft prevention and recovery techniques.
OF INVESTIGATIVE UNITS
Recognizing the need for increased investigative capacity, the Bell Gardens Police Department has augmented the number of detectives assigned to the Investigative Units. This expansion will:
•
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•
Allow for more thorough and
timely investigations of
violent crimes and thefts.
Reduce case backlogs,
enabling detectives to focus
on proactive crime -solving.
Strengthen BGPD's ability to
address complex cases
lisilit4.0,
requiring specialized
expertise.
•
POLICING INITIATIVES
Proactive policing has been a cornerstone of the BGPD's strategy to deter criminal activity. Officers are engaged in:
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Increased visibility and patrols in high -crime areas to deter violent crimes and theft.
Regular community outreach efforts to build trust and
encourage the reporting of suspicious activities.
Improved the ability to disrupt gang -related violence and retaliatory attacks.
INVESTIGATIVE
STAFF
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Increased focus on equipping Officers and Detectives with the skills necessary to address evolving crime trends, the department has prioritized training initiatives, including:
Advanced investigative techniques for handling violent
crimes and auto theft.
Gang intervention strategies and tactics to address gang - related activity effectively.
De-escalation and crisis intervention training to enhance community engagement and officer safety.
• ..,. •
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BELL GARDENS POLICE DEPARTMENT PARTNERSHIP
NEIGH E3ORHOOD WATCH PROGRAM
H THE
The Bell Gardens Police Department has established a strong partnership with the community via Neighborhood Watch program, playing a vital role in disseminating information, fostering collaboration, and enhancing community -driven crime prevention efforts. This partnership leverages the power of engaged residents to serve as an additional layer of vigilance and deterrence in the fight against crime.
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BELL GARDENS POLICE DEPARTMENT
EIG i H D ICi
P
RTNE SHIP TAI HE
G
The Neighborhood Watch program in Bell Gardens is a cornerstone of the department's community policing strategy, with over 546 active members serving as a "set of eyes" for law enforcement. These committed residents work alongside the police to maintain a robust crime -watch network, contributing in the following ways:
Crime Awareness and Reporting: Neighborhood Watch members are trained to recognize suspicious activities and promptly report them to law enforcement.
This real-time information flow helps officers respond quickly and accurately to potential threats.
Information Dissemination: The program serves as a conduit for sharing critical information about recent crime trends, safety tips, and ongoing investigations with the community.
Proactive Prevention: By increasing vigilance in their neighborhoods, members create a visible deterrent to would-be offenders, contributing to a safer environment.
Through these comprehensive measures, the Bell Gardens Police Department has made significant strides in addressing the recent surge in criminal activity. The alignment of resources, partnerships with specialized task forces, and proactive strategies demonstrate the department's commitment to ensuring the safety and security of our Bell Gardens community. Ongoing evaluation and adaptation of these efforts will be essential in maintaining their effectiveness and building long-term public trust. -o
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