Agenda packet — Compton City Council, June 25, 2024 (part 2 of 4)

ADOPTED this _______ day of _________________, 2024.
____________________________________

MAYOR OF THE CITY OF COMPTON
ATTEST:
________________________________________

CITY CLERK OF THE CITY OF COMPTON

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

CITY OF COMPTON
I, Vernell McDaniel, City Clerk of the City of Compton, hereby certify that the foregoing resolution was passed and adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk, at a regular meeting thereof, held on the _______ day of ___________________, 2024, by the following vote:

AYES: COUNCILMEMBERS –
NOES: COUNCILMEMBERS –
ABSTAIN: COUNCILMEMBERS –
ABSENT: COUNCILMEMBERS –
_________________________________________

CITY CLERK OF THE CITY OF COMPTON
June 25, 2024
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY OF COMPTON FIRE CHIEF
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE 2023-2024 FISCAL YEAR BUDGET TO TRANSFER FUNDS

AND AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER WITH CARSON CHEVROLET FOR THE PURCHASE OF A 2024 CHEVROLET

TAHOE FOR THE FIRE CHIEF OF THE COMPTON FIRE DEPARTMENT ($84,465.00)

SUMMARY
Adoption of this resolution will authorize the City Manager to establish a purchase order with Carson Chevrolet for Eighty-Four Thousand Four Hundred Sixty-Five Dollars and Zero Cents ($84,465.00) for the purchase of a 2024 Chevrolet Tahoe for the City of Compton’s Fire Chief.

BACKGROUND
The Compton Fire Department’s Fire Chief is tasked with responding to and providing effective working relationships with staff, City departments, elected officials, regulatory agencies, contractors, community groups, local businesses and the general public and due to the Department’s aging fleet, there is a continuous need for maintenance and repair of our vehicles.

The vehicle currently used is ten (10) years old with high miles and the cost of repairs are increasing.

STATEMENT OF ISSUE
Three (3) quotes were solicited and the results were as follows:

VENDOR AMOUNT
Carson Chevrolet $84,465.00
George Chevrolet $81,080 + taxes & fees
Penske Chevrolet of Cerritos $84,787.38
The Department selected Carson Chevrolet as the lowest most responsible quote.

City Council approval is needed because the expenditure is in excess of $25,000.00 Dollars.

12.12.12. Chevrolet Tahoe Staff Report
June 25, 2025, page 2

FISCAL IMPACT
The cost for the new vehicle is Eighty-Four Thousand Four Hundred Sixty-Five Dollars and Zero Cents ($84,465.00). The budget shall be amended to receive Funds from Special Department Expense and the Fiscal 2023-2024 budget will need to be amended as follows:

From:

Account Number Description Amount
1001-690-000-4249 Special Department Expense $84,465.00

To: Account Number Description Amount
1004-690-000-4333 Automotive Equipment $84,465.00
Funds for this expenditure will be available in the 2023-2024 budget in Account No. 1001-690- 000-4333.

RECOMMENDATION
It is recommended that Council adopt the attached Resolution.

RONERICK D. SIMPSON

FIRE CHIEF

APPROVED FOR FORWARDING
WILLIE A. HOPKINS JR.

CITY MANAGER
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE 2023-2024 FISCAL YEAR BUDGET TO TRANSFER FUNDS AND

AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER WITH CARSON CHEVROLET FOR THE PURCHASE OF A 2024 CHEVROLET TAHOE FOR THE FIRE CHIEF OF THE COMPTON FIRE DEPARTMENT ($84,465.00) WHEREAS, the Compton Fire Department’s (Department’s) Fire Chief is tasked with responding to and providing effective working relationships with staff, City departments, elected officials, regulatory agencies, contractors, community groups, local businesses and the general public and due to the Department’s aging fleet, there is a continuous need for maintenance and repair of our vehicles; and WHEREAS, the Department requested three (3) quotes from the following vendors:

VENDOR AMOUNT
Carson Chevrolet $84,465.00
George Chevrolet $81,080 + taxes & fees
Penske Chevrolet of Cerritos $84,787.38
and;
WHEREAS, staff is recommending to purchase the Chevrolet Tahoe from Carson Chevrolet because they provided the lowest most responsible quote.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. That the quote from Carson Chevrolet in the amount of Eighty- Four Thousand Four Hundred Sixty-Five Dollars and Zero Cents ($84,465.00) is hereby accepted.

Section 2. That the City Manager is hereby authorized to establish a purchase order with Carson Chevrolet in the amount of Eighty-Four Thousand Four Hundred Sixty-Five Dollars and Zero Cents ($84,465.00) for a 2024 Chevrolet Tahoe.

Section 3. That the Fire Departments 2023-2024 Fiscal Year Budget shall be amended to transfer funds between accounts as follows:

From:

Account Number Description Amount
1001-690-000-4249 Special Department Expense $84,465.00

To: Account Number Description Amount
1004-690-000-4333 Automotive Equipment $84,465.00
Section 4.That the funds for this expenditure are available in the Fire Department’s 2023-2024 Fiscal Year Budget in Account No. 1001-690-0000-4333.

Section 5. That a copy of this Resolution shall be forwarded and filed in the offices of the City Clerk, City Manager, City Attorney, City Controller and Fire Department.

Section 6.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
2 Resolution No. ________

Page 2 ends

ADOPTED this ____ day of _____________, 2024.

MAYOR OF THE CITY OF COMPTON
ATTEST:
________________________________

CLERK OF THE CITY OF COMPTON

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
CITY OF COMPTON; ss
I, Vernell McDaniel, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on this ___ day of ________________, 2024.

That said Resolution was adopted by the following vote, to wit:

AYES: COUNCILMEMBERS -
NOES: COUNCILMEMBERS -
ABSTAIN: COUNCILMEMBERS -
ABSENT: COUNCILMEMBERS -
___________

CITY CLERK OF THE CITY OF COMPTON

RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 25,674, AMENDING THE 2023-2024

FISCAL YEAR BUDGET TO APPROPRIATE FUND BALANCE, AND

RATIFYING THE REISSUANCE OF A PURCHASE ORDER TO
CHARGEPOINT, INC. FOR CHARGING STATIONS AND ANCILLARY
INFRASTRUCTURE ($167,145)
WHEREAS, city staff, under the direction of management, was tasked with exploring ways in which the City could reduce its carbon footprint and decrease vehicle emissions by incorporating alternative fuel (electric, hybrid, natural gas, etc.) vehicles into the new fleet; and
WHEREAS, staff identified replacing the gas-powered vehicles of the Parking Enforcement Division (Parking) of the Community Improvement Services Department, with electric-powered vehicles utilizing dedicated funding for alternative-fuel vehicles from the Southern California Air Quality Management District; and WHEREAS, during the June 7, 2022 City Council meeting, City Council authorized the purchase of ten (10) electric-powered vehicles from EVTS, Inc. and the installation of ten (10) charging stations from ChargePoint, Inc. under Resolution No. 25,647 for a total amount of Six Hundred Fifty-One Thousand Nine Hundred and Fifty Dollars ($651,950); and
WHEREAS, EVTS, Inc. has since encountered numerous manufacturing delays and has been unable to fulfill the order of ten (10) electric powered vehicles; and WHEREAS, in 2022, the City entered into an agreement to purchase ten (10) charging stations and the ancillary infrastructure from ChargePoint in the amount of One Hundred Fifty-One Thousand Nine Hundred and Fifty Dollars ($151,950.00). The installation and payment were delayed until facility upgrades could be completed; and WHEREAS, on May 7, 2024, the approved project to enhance facility security, demolish an existing building, install charging stations, and repave the parking lot at 404 N. Alameda Street began; and
WHEREAS, due to the nearly two-year delay in completing this project, labor and equipment costs have increased a ten percent (10%) contingency fee of the original projected cost is requested; and
ChargePoint Inc. $151,950.00
Ten Percent Contingency Fee $15,195.00
Total Not to Exceed $167,145.00
WHEREAS, staff encumbered funds for the electric vehicles, but did not encumber funds for the charging stations returning the funding back to the Equipment Rental Fund Balance. At the request of the City Council, staff applied for funding from the Southern California Edison charging station program in lieu of expending City Funds, however, the City’s application was not approved; and WHEREAS, therefore, staff is now requesting that the funding that was previously allocated for the charging stations under Resolution No. 25,674 be added to the Community Improvement Services Fiscal Year 2023 – 2024 budget in order to procure the vehicles, charging stations and installation; and WHEREAS, upon approval from the City Council a purchase order will be issued to ChargePoint, Inc. for the purchase and installation of ten (10) charging stations in an

13.13.13. Resolution No. __________

Page 2 ends

amount not to exceed One Hundred Sixty-Seven Thousand One Hundred Forty-Five Dollars ($167,145.00).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON RESOLVES AS FOLLOWS:

Section 1.That Resolution No. 25,674, adopted by the City Council on June 7, 2022, is hereby rescinded.

Section 2. That funding previously allocated for the charging stations under Resolution No. 25,674 be appropriated to the Community Improvement Services Fiscal Year 2023 – 2024 budget.

Section 3. That funding is available in the Equipment Rental Fund Balance and the Fiscal Year 2023-2024 budget shall be amended as follows:

Increase Expenditure Account Description Amount
6000-720-000-4333 Equipment Rental – Automotive Equipment $167,145.00 Section 4. That the City Manager is hereby authorized to reissue a purchase order and all necessary documentation to ChargePoint, Inc. for the purchase of ten (10) charging stations and ancillary infrastructure in an amount not to exceed $167,145.00 and funds for this expenditure from the Equipment Rental Fund Balance Account No. 6000-720-000-4333.

Section 5. That a copy of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk, City Attorney, Community Improvement Services Departments.

Section 6. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.

ADOPTED this __________ day of ________________, 2024.
________________________________

MAYOR OF THE CITY OF COMPTON
ATTEST:
____________________________________

CITY CLERK OF THE CITY OF COMPTON

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Vernell McDaniel, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor and attested by the City Clerk at the regular meeting thereof held on the ___________ day of _________________, 2024.

That said Resolution was adopted by the following vote, to wit:

Resolution No. __________

Page 2 ends

AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
____________________________________

CITY CLERK OF THE CITY OF COMPTON
June 25, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: COMMUNITY IMPROVEMENT SERVICES
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 25,674, AMENDING THE 2023-2024

FISCAL YEAR BUDGET TO APPROPRIATE FUND BALANCE AND

RATIFYING THE REISSUANCE OF A PURCHASE ORDER TO
CHARGEPOINT, INC. FOR CHARGING STATIONS AND ANCILLARY
INFRASTRUCTURE ($167,145)

SUMMARY
Adoption of this resolution will rescind Resolution No. 25,674 adopted by the City Council on June 7, 2022, amend the 2023-2024 Fiscal Year budget to transfer funds and increase expenditures in the amount of One Hundred Sixty-Seven Thousand One Hundred and Forty-Five Dollars ($167,145.00), and authorize the City Manager to ratify a purchase order to ChargePoint, Inc. for ten (10) charging stations and infrastructure improvements required to power the electric vehicles in an amount not to exceed One Hundred Sixty- Seven Thousand One Hundred Forty-Five Dollars ($167,145.00).

BACKGROUND
Staff identified replacing the gas-powered vehicles of the Parking Enforcement Division (Parking) of the Community Improvement Services Department, with electric-powered vehicles utilizing dedicated funding for alternative-fuel vehicles from the Southern California Air Quality Management District.

During the June 7, 2022 City Council meeting, City Council authorized the purchase of ten (10) electric-powered vehicles from EVTS, Inc. and the installation of ten (10) charging stations from ChargePoint, Inc. under Resolution No. 25,674 for a total amount of Six Hundred Fifty-One Thousand Nine Hundred and Fifty Dollars ($651,950).

EVTS, Inc. has since encountered numerous manufacturing delays and has been unable to fulfill the order of ten (10) electric powered vehicles.

In 2022, the City entered into an agreement to purchase and receive ten (10) charging stations and the ancillary infrastructure from ChargePoint in the amount of One Hundred Fifty-One Thousand Nine Hundred and Fifty Dollars ($151,950.00). The installation and payment were delayed until facility upgrades could be completed.

Staff Report – Rescinding Resolution 25,674, Amending 2023-2024 FY Budget, and Authorizing P.O. to ChargePoint, Inc. for
Electric Vehicle Charging Station and Infrastructure
June 25, 2024, Page 2 of 3
On May 7, 2024, the approved project to enhance facility security, demolish an existing building, install charging stations, and repave the parking lot at 404 N. Alameda Street began.

Due to the nearly two-year delay in completing this project, labor and equipment costs have increased. Therefore, a ten percent (10%) contingency fee of the original projected cost is requested.

ChargePoint Inc. $151,950.00
Ten Percent Contingency Fee $15,195.00
Total Not to Exceed $167,145.00

STATEMENT OF THE ISSUE
Staff encumbered funds for the electric vehicles, but did not encumber funds for the charging stations returning the funding back to the Equipment Rental Fund Balance. At the request of the City Council, staff applied for funding from the Southern California Edison charging station program in lieu of expending City Funds, however, the City’s application was not approved. Therefore, staff is now requesting that the funding that was previously allocated for the charging stations under Resolution No. 25,674 be added to the Community Improvement Services Fiscal Year 2023 – 2024 budget in order to pay for the charging stations and ancillary infrastructure installation.

Upon approval from the City Council a purchase order will be issued to ChargePoint, Inc. for the purchase and installation of ten (10) charging stations in an amount not to exceed One Hundred Sixty-Seven Thousand One Hundred Forty-Five Dollars ($167,145.00).

FISCAL IMPACT
Funds are available in the Equipment Rental Fund Balance and the Fiscal budget will need to be amended as follows: 2023-2024:

Increase Expenditure Account Description Amount
6000-720-000-4333 Equipment Rental – Automotive Equipment $167,145.00

The purchase order will be allocated to ChargePoint, Inc. as follows and funds for this expenditure are available in the Equipment Rental Fund Balance Account No. 6000-720- 000-4333:

Vendor Vehicles/Equipment Quantity Amount
ChargePoint, Inc Charging Stations & Installation 10 $167,145.00 Staff Report – Rescinding Resolution 25,674, Amending 2023-2024 FY Budget, and Authorizing P.O. to ChargePoint, Inc. for
Electric Vehicle Charging Station and Infrastructure
June 25, 2024, Page 3 of 3

RECOMMENDATION
Staff recommends adoption of the attached Resolution.

ANTHONY WARD, DIRECTOR

COMMUNITY IMPROVEMENT SERVICES DEPARTMENT
APPROVED FOR FORWARDING:

WILLIE A. HOPKINS

CITY MANAGER

June 25, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ADOPTING THE BUDGET FOR FISCAL YEAR 2024-2025

SUMMARY
The Fiscal Year 2024/2025 Proposed Budget for the City of Compton is hereby transmitted to the City Council for review and adoption. The estimated revenues have been supplied by the City Controller. Available Special Funds Fund Balances from prior year surplus have also been provided by the City Controller and utilized to balance the Budget. The projected expenditures recommended by the City Manager are in balance with the Controller’s estimated revenue. The City Manager and City Controller, along with all the Budget Team members, have worked diligently to balance this proposed Budget.

This balanced Budget is recommended to the Mayor & City Council for approval.

BACKGROUND
The Compton City Charter, Section 1407, requires that the City Manager present an Annual Budget for adoption by City Council on or before June 30, 2024. A Public Hearing was held on June 11, 2024 to discuss the proposed Fiscal Year 2024-2025 Budget. One Community Budget Workshop was held on June 1, 2024 and one City Council Budget Workshop was held on June 11, 2024 to discuss the proposed Fiscal Year 2024-2025 Budget.

STATEMENT OF THE ISSUE:

The City organizes the Annual Budget by Fund and by Department. The Citywide Fiscal Year 2024-2025 Proposed Budget, which includes combined (all) Funds and Departments, totals $254,055,072. Expenditures are offset by City-wide revenues and Special Funds Fund Balances totaling $254,055,072. The City-wide Budget includes the General Fund. The General Fund, which includes the Measure “P” 1% Sales Tax, is the fund which provides for most of the typical public services which Compton citizens rely on, such as Law Enforcement, Fire Protection, Recreation, Street Repair, and General City Administration. The General Fund Budget equals: $65,634,700. Measure P General Fund Resources equal: $15,004,100 All General Fund Resources (inclusive of Measure P) equal $80,638,800.

14.14. Staff Report – Resolution Adopting FY 2024-25 Budget June 25, 2024

Page 2 ends

Quarterly Budget Review, Reporting & Compliance
Ongoing monitoring of revenue and expenditures will result in Quarterly Budget review and appropriate adjustments. The City Manager and City Controller intend to conduct a “Mid-year” Budget Review and Workshops with the City Council, updating revenue estimates and expenditures.

FINANCIAL IMPACT

RECOMMENDATION
Staff recommends that the Council accept the proposed 2024/2025 City of Compton Budget for public comments, revisions, and adoption.

WILLIE A HOPKINS JR.

CITY MANAGER

PROPOSED BUDGET
FY 2024-2025

CITYWIDE BUDGET
TOTAL EXPENSES $254,055,072
ALL FUNDS AND DEPARTMENTS $254,055,072

TOTAL GENERAL FUND BUDGET
EXPENSES $ 80,638,800
REVENUES $ 80,638,800
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ADOPTING THE BUDGET FOR FISCAL YEAR 2024-2025
WHEREAS, the Compton City Charter Section 1407 requires that an annual Budget be presented and adopted by City Council on or before June 30th; and WHEREAS, The Compton City Charter, Section 1407, requires that City Manager present an Annual Budget for adoption by City Council on or before June 30, 2024. A Public Hearing was held on June 11, 2024 to discuss the proposed Fiscal Year 2024- 2025 Budget. One Community Budget Workshop was held on June 1, 2024 and one City Council Budget Workshop was held on June 11, 2024 to discuss the proposed Fiscal Year 2024-2025 Budget; and
WHEREAS, the City Council has fixed the time and place for holding a public Hearings on the proposed 2024-2025 Fiscal Year Budget, has caused notice of said Hearings to be published, and the proposed 2024-2025 Fiscal Year Budget has been available for inspection at the City Clerk’s Office consistent with Compton City Charter, Section 1405; and
WHEREAS, following notice duly given, the City Council held a Public Hearing on June 11, 2024, regarding the adoption of the Budget for Fiscal Year 2024-2025 and considered all information, documents and comments presented.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That the proposed Fiscal Year 2024-2025 Annual Budget of the City of Compton, as set forth in the proposed Annual Budget document, including amendments, approved by the City Council as reflected in this meeting’s minutes, is hereby adopted pursuant to Section 1407 of the Compton City Charter and made effective July 1, 2024.

SECTION 2. That a certified copy of this Resolution, along with this meeting’s approved minutes evidencing City Council adopted amendments, if any, shall be attached to the Fiscal Year 2024-2025 Annual Budget and the same shall be filed with the City Manager, City Controller and City Treasurer and that a copy of said Resolution and Annual Budget shall be placed and shall remain on file in the office of the City Clerk. -185-
SECTION 3. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.

ADOPTED this __________ day of ___________, 2024.
_______________________________

MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________

CITY CLERK OF THE CITY OF COMPTON

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
Resolution No. ______________

Page 2 ends

I, Vernell McDaniel, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor, and attested by the City Clerk at a regular meeting thereof held on the ______ day of _____________, 2024.

That said Resolution was adopted by the following vote:

AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
ABSTAINS: COUNCIL MEMBERS-
____________________________________

CITY CLERK OF THE CITY OF COMPTON
-186-
June 25, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: PUBLIC WORKS STREET MAINTENANCE DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING A BUDGET AMENDMENT TO THE FISCAL YEAR 2023-
2024 BUDGET AND AUTHORIZING THE CITY MANAGER TO

ESTABLISH A PURCHASE ORDER WITH THE BLUE DIAMOND

COMPANY FOR THE PURCHASE OF ASPHALT MATERIAL FOR

CITYWIDE ROAD REPAIR IN AN AMOUNT NOT TO EXCEED ONE
HUNDRED THOUSAND DOLLARS ($100,000)

SUMMARY
The adoption of this resolution will authorize the City Manager to establish a purchase order with the Blue Diamond Company for the purchase of asphalt material for citywide road repair in an amount not to exceed One Hundred Thousand Dollars ($100,000).

BACKGROUND
The Public Works Street Maintenance Department (Department) is responsible for repairing road surfaces that have deteriorated over time and have created potholes.

Asphalt is a common material used to construct roads and is subsequently used in the repair of potholes. Potholes are caused when water penetrates the ground underneath porous pavement, when the water dries it leaves a void in the pavement. Gradually, as the weight of vehicles passing over the affected area loosens the asphalt, it causes the asphalt to break and a pothole is formed.

STATEMENT OF THE ISSUE
The Department is responsible for maintaining a supply of asphalt to be used in the repair of City streets, including potholes. The Department solicited quotes from three (3) reputable asphalt materials companies and the responses are listed as follows:

Vendor Price/per unit
Blue Diamond Company $104.82/100 ton
All American Asphalt $120.83/100 ton
R.J. Noble Company $110.50/100 ton
In accordance with the Compton Municipal Code, Section 4-11.5, staff has determined that the Blue Diamond Company is the most responsive and responsible bidder. The Department has utilized the Blue Diamond Company for asphalt material in the past, and the vendor has provided a quality product at a reasonable price.

15.15.15. Staff Report – Resolution Authorizing P.O.

Blue Diamond Company– Asphalt for road repair
June 25, 2024, page 2
Pursuant to Resolution No. 25,001, adopted by the City Council on April 23, 2019, the City Manager is authorized to expend up to $25,000.00 to any one single vendor in a fiscal year; however, the City has reached the threshold for the Blue Diamond Company for Fiscal Year 2023-2024, and the Public Works Street Maintenance Department was unable to acquire asphalt material for road repair. Therefore, City Council’s approval is required for this item.

FISCAL IMPACT
An amendment to the Department’s Fiscal Year 2023-2024 budget is required for this expenditure. The Department’s Fiscal Year 2023-2024 Budget will be amended as follows:

Decrease Expenditure Account Description Amount
1004-720-000-4266 Contract Services $100,000.00
Increase Expenditure Account Description Amount
1004-720-000-4233 Maintenance/Repair Materials $100,000.00 -Road

ALTERNATIVE
No other alternative is being proposed.

RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution.

DAMION TIMMONS

STREET SUPERINTENDENT

APPROVED FOR FORWARDING
WILLIE HOPKINS, JR.

CITY MANAGER
RESOLUTION NO. ________________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING A BUDGET AMENDMENT TO THE FISCAL YEAR 2023-2024

BUDGET AND AUTHORIZING THE CITY MANAGER TO ESTABLISH A

PURCHASE ORDER WITH THE BLUE DIAMOND COMPANY FOR THE

PURCHASE OF ASPHALT MATERIAL FOR CITYWIDE ROAD REPAIR IN AN

AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS
($100,000)
WHEREAS, the Public Works Street Maintenance Department (Department) is responsible for repairing road surfaces that have deteriorated over time and have created potholes; and
WHEREAS, thus there is a need to maintain an adequate supply of asphalt to be used in the repair of potholes and roadways; and
WHEREAS, the Department solicited quotes from three (3) reputable asphalt materials companies and the responses received are as follows; and Vendor Price/per unit
Blue Diamond Company $104.82/100 ton
All American Asphalt $120.83/100 ton
R.J. Noble Company $110.50/100 ton
WHEREAS, staff has determined that the Blue Diamond Company is the lowest, most responsive and responsible bidder; and
WHEREAS, the Department has utilized the Blue Diamond Company to purchase asphalt in the past, and the vendor has provided a quality product at a reasonable cost; and
WHEREAS, pursuant to Resolution No. 25,001, adopted by the City Council on April 23, 2019, the City Manager is authorized to expend up to $25,000.00 to any one single vendor in a fiscal year; and
WHEREAS, the City has reached the threshold for the Blue Diamond Company, for Fiscal Year 2023-2024 and City Council’s approval is required for this item; and WHEREAS, the Department’s Fiscal Year 2023-2024 Budget will be amended as follows:

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. That the amendment to the Fiscal Year 2023-2024 Public Works Street Maintenance Department Budget is approved. The Department’s Fiscal Year 2023- 2024 Budget will be amended as follows:

Page 2 ends

Section 2.That the City Manager is hereby authorized to establish a purchase order with the Blue Diamond Company for the purchase of asphalt material for citywide road repair in an amount not to exceed One Hundred Thousand Dollars ($100,000) from Account No. 1004-720-000-4233, Maintenance/Repair Materials-Road .

Section 3. That a copy of this Resolution shall be filed in the offices of the City Clerk, City Manager, City Controller, City Attorney and Public Works Street Maintenance Department.

Section 4.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.

ADOPTED this ________ day of _________________, 2024.

MAYOR OF THE CITY OF COMPTON
ATTEST:
____________________________________

CITY CLERK OF THE CITY OF COMPTON

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss

CITY OF COMPTON )
I, Vernell McDaniel, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on this ________ day of ___________________, 2024.

That said Resolution was adopted by the following vote, to wit:

AYES: COUNCILMEMBERS-
NOES: COUNCILMEMBERS-
ABSTAIN: COUNCILMEMBERS-
ABSENT: COUNCILMEMBERS-
___________ ___

CITY CLERK OF THE CITY OF COMPTON

June 25, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: GENERAL SERVICES DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE GENERAL SERVICES DEPARTMENT 2023-24 FISCAL

YEAR BUDGET, APPROPRIATING FUNDS FROM MEASURE P FUND

BALANCE AND AUTHORIZING THE CITY MANAGER TO ENTER INTO
A 3-YEAR AGREEMENT WITH JOHNSON CONTROLS, INC. AND

ISSUE A PURCHASE ORDER FOR PREVENTATIVE MAINTENANCE

SERVICES OF THE HEATING AND COOLING SYSTEM AT COMPTON
CITY HALL ($252,405.00)

SUMMARY
Staff is requesting City Council adoption of this resolution to make an amendment to the General Services Department’s Fiscal Year 2023-2024 Budget appropriating funds from Measure P fund balance and authorize the City Manager to enter into a 3-year agreement and establish a purchase order to Johnson Controls, Inc. (JCI) in the amount of Two Hundred Fifty-Two Thousand Four Hundred Five Dollars and Zero Cents ($252,405.00) for the preventative maintenance services of the heating and cooling system located at Compton City Hall.

BACKGROUND
On February 16, 2005, the City entered into a Memorandum of Understanding with Johnson Controls Incorporated (JCI) for a preliminary energy assessment. On September 20, 2005, the City entered into a Project Development Agreement with JCI to identify specific modifications to City facilities that could more efficiently provide services and utilize energy. JCI completed the assessment and developed a Citywide Energy Retrofit/Revenue Enhancement Program in accordance with California Government Code Section 4217. The Citywide Energy Retrofit I Revenue Enhancement program included:
 Building/Facility Lighting improvements
 City Hall Ceiling Tiles
 City-Owned Street Lighting Improvements
 City Hall Chiller Plant Retrofit
 City Hall Comfort Control System Improvements
 Leak Detection Study
 Water Rate Analysis
 Street Lighting Study

16.16.16. Staff Report – Resolution Authorizing
3 Year Service Agreement/P.O. to Johnson Controls (JCI) June 25, 2023 Page 2 of 3
The study also included recommendations for the comfort control system at City Hall. On September 28, 2006, the City entered into a 15-year service agreement with JCI to enhance energy efficiency city-wide. The service agreement included the installation and maintenance of the air conditioning and heating equipment located at City Hall. The 15- year service agreement expired in 2022.

On April 18, 2023, the Mayor and City Council authorized the City Manager to enter into a one-year preventative service agreement with Johnson Controls, Inc., which expired on March 1, 2024. The City requires a planned service agreement to maintain its heating and cooling system equipment.

STATEMENT OF THE ISSUE
On April 02, 2024, JCI provided a Planned Service Agreement (PSA) Proposal offering the City a 3-year service agreement starting May 1, 2024, and ending April 30, 2027. With the proposed PSA, the City would achieve energy savings, reduce future repair costs, extend asset life, and ensure a comfortable work environment. As the manufacturer of both the mechanical and control systems, JCI has the expertise and resources to provide proper maintenance and repair services for Compton City Hall’s air conditioning and heating system.

The control system (Metasys system) is a trademarked system, and Johnson Controls is the sole proprietor. This system allows our facilities staff to control the chillers, boilers, air handlers, and variable air volume (VAV) boxes at Compton City Hall. It allows them to see in real-time the temperature of an area, if the equipment is working properly, and remotely make adjustments to the equipment.

Staff plans to research alternative vendors next fiscal year; however, any other contractor must subcontract to Johnson Controls with the current system, which would significantly increase the cost.

Staff is requesting approval to accept the proposal from JCI to service the air conditioning and heating equipment located at Compton City Hall for a Three-Year term for a total amount of Two Hundred Fifty-Two Thousand Four Hundred Five Dollars and Zero Cents ($252,405.00).

Fiscal Year Total Annual Amount
First Year FY2023-2024 $79,284.00
Second Year FY2024-2025 $84,039.00
Third Year FY2025-2026 $89,082.00
It is necessary to amend the 2023-2024 Fiscal Year Budget to increase the General Services Account 1004-600-000-4266 for Contract Services and authorize the City Staff Report – Resolution Authorizing
Agreement/P.O. to Johnson Controls (JCI)
June 18, 2024 Page 3 of 3
Manager to enter into an agreement and issue a purchase order to JCI for the planned service agreement for the maintenance of its heating and cooling systems equipment.

ALTERNATIVE
None are proposed at this time.

FISCAL IMPACT
Funding is available in the Measure P fund balance and upon approval of this resolution City Council will authorize the General Services Department to amend the budget and appropriation as follows:

RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution.

NEBRASKA JONES

DIRECTOR OF GENERAL SERVICES

APPROVED FOR FORWARDING
WILLIE A. HOPKINS, JR.

CITY MANAGER
Attachment: Proposed Resolution
RESOLUTION NO. ____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE GENERAL SERVICES DEPARTMENT 2023-24 FISCAL

YEAR BUDGET, APPROPRIATING FUNDS FROM MEASURE P FUND

BALANCE AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A 3-YEAR AGREEMENT WITH JOHNSON CONTROLS, INC. AND ISSUE A

PURCHASE ORDER FOR PREVENTATIVE MAINTENANCE SERVICES OF

THE HEATING AND COOLING SYSTEM AT COMPTON CITY HALL
($252,405.00)
WHEREAS,on February 16, 2005, the City entered into a Memorandum of Understanding with Johnson Controls Incorporated (JCI) for a preliminary energy assessment; and
WHEREAS, on September 20, 2005, the City entered into a Project Development Agreement with JCI to identify specific modifications to City facilities that could more efficiently provide services and utilize energy; and
WHEREAS, JCI completed the assessment and development of a Citywide Energy Retrofit and Revenue Enhancement program, which included recommendations for street lights, and building facilities; and
WHEREAS, on September 28, 2006, the City entered into a 15-year service agreement with JCI to enhance energy efficiency city-wide; and WHEREAS, the service agreement included the installation of the air conditioning and heating equipment located at City Hall; and
WHEREAS,the 15-year service agreement expired in 2022, and the City Council authorized a 1-year services agreement on April 18, 2023; and WHEREAS, the 1-year service agreement has expired and the City is in need of a planned service agreement for the preventative maintenance of its heating and cooling systems; and
WHEREAS,the control system is trademarked by JCI, and obtaining alternative vendors for the preventative maintenance would increase the cost significantly since JCI is the sole proprietor of the Metasys control system; and WHEREAS,staff is requesting approval to accept the proposal from JCI for preventative maintenance of the air conditioning and heating equipment located at Compton City Hall for a Three-Year term in the amount of Two Hundred Fifty-Two Thousand Four Hundred Five Dollars and Zero Cents ($252,405.00); and Contract Year Fiscal Year Total Annual Amount
First Year FY2023-2024 $79,284.00
Second Year FY2024-2025 $84,039.00
Third Year FY2025-2026 $89,082.00
WHEREAS,it is necessary to amend the 2023-2024 Fiscal Year Budget to increase the General Services Other Contract Services Account 1004-600-000-4266 and authorize the City Manager to enter into an agreement and issue a purchase order to JCI for the planned service agreement for the maintenance of its heating and cooling systems equipment.

Resolution No. __________

Page 2 ends

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1.That the City Manager, on the advice and approval of the City Attorney is hereby authorized to enter into a Three-Year planned service agreement (i.e.

May 1, 2024, through April 30, 2027) with Johnson Controls Incorporation to provide preventative maintenance of the air conditioning and heating equipment located at Compton City Hall.

SECTION 2. That the General Services Department’s Fiscal Year 2023-2024 budget will be amended as follows:

FROM: MEASURE P FUND BALANCE
TO: ACCOUNT NO. DESCRIPTION AMOUNT
1004-600-000-4266 Contract Services $79,284.00
SECTION 3.That funds in the amount of Seventy-Nine Thousand Two Hundred Eight Four Dollars and Zero Cents ($79,284.00) will be available in the General Services Department 2023-2024 Fiscal Year budget in Account No. 1004-600-000-4266 first year of the agreement (i.e. May 1, 2024, through April 30, 2025) and remaining terms will be allocated in future city budgets.

SECTION 4.That a purchase orders in the amount not to exceed Two Hundred Fifty-Two Thousand Four Hundred Five Dollars and Zero Cents ($252,405.00) authorized to be issued for Johnson Controls Incorporation for preventative maintenance services of the air conditioning and heating equipment located at City Hall for the three-year of the agreement (i.e. May 1, 2024, through April 30, 2027) from Account No. 1004-600-000- 4266.

SECTION 5.That authorization for future purchase orders is granted in the amount not to exceed the City Manager’s Twenty-Five Thousand Dollar ($25,000.00) authority for each fiscal year for the purchase of refrigerant as needed to maintain the cooling system and will be available in the General Services Department Fiscal Year budget in Account No. 1004-600-000-4236.

SECTION 6.That a copy of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk, City Attorney and General Services.

SECTION 7.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.

ADOPTED this ________ day of _____________, 2024.
________________________________

MAYOR OF THE CITY OF COMPTON
ATTEST:
_____________________________________

CITY CLERK OF THE CITY OF COMPTON

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
Resolution No. __________

Page 3 ends

I, Vernell McDaniel, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on this _______ day of ________________, 2024.

That said Resolution was adopted by the following vote to wit:

AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-

_____________________________________

CITY CLERK OF THE CITY OF COMPTON

Johnson Controls planned service proposal
Prepared for CITY OF COMPTON 03737046

Customer
CITY OF COMPTON 03737046

Local Johnson Controls Office
5770 WARLAND DR STE A
CYPRESS, CA 90630-5047

Agreement Start Date:
05/01/2024

Proposal Date
04/02/2024

Estimate No:
1-1OD19DJ3

Partnering with you to deliver value-driven solutions

Every day, we transform the environments where people live, work, learn and play. From optimizing building performance to improving safety and enhancing comfort, we are here to power your mission.

A Planned Service Agreement with Johnson Controls provides you with a customized service strategy designed around the needs of your facility. Our approach features a combination of scheduled, predictive and preventative maintenance services that focus on your goals.

As your building technology services partner, Johnson Controls delivers an unmatched service experience delivered by factory-trained, highly skilled technicians who optimize operations of the buildings we work with, creating productive and safe environments for the people within.

By integrating our service expertise with innovative processes and technologies, our value-driven planned service solutions deliver sustainable results, minimize equipment downtime and maximize occupant comfort.

With more than a century of healthy buildings expertise, Johnson Controls leverages technologies to successfully deliver smart solutions to facilities worldwide.

Johnson Controls was recognized by Frost &
Sullivan as the 2020 North American Company
of the Year for innovation in the Smart
connected Chillers market

Johnson Controls Planned Service Proposal
Prepared for CITY OF COMPTON 03737046

Customer Confidential

Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, Inc. Page 2 of 41

Executive summary
 In this proposal we are offering a service agreement for 3 Years starting 05/01/2024 and ending 04/30/2027.

 The agreement price for first year is $79,284.00; see Schedule A, Supplemental Price and Payment Terms, for pricing in subsequent years.

 The equipment options and number of visits being provided for each piece of equipment are described in Schedule A, Equipment list.

As a manufacturer of both mechanical and controls systems, Johnson Controls has the expertise and resources to provide proper maintenance and repair services for your facility.

Again, thank you for your interest in Johnson Controls and we look forward to becoming your building technology services partner.

Please contact me if you have any questions.

Sincerely,

Steven Madrigal
Service Manager
(866) 819-0230

The power behind your mission

Planned service proposal for CITY OF COMPTON 03737046

Dear Mr. Jones,

We value and appreciate your interest in Johnson Controls as a service provider for your building systems and are pleased to provide a value-driven maintenance solution for your facility. The enclosed proposal outlines the Planned Service Agreement we have developed on your facility.

Details are included in the Planned Service Agreement summary (Schedule A), but highlights are as follows:

Johnson Controls Planned Service Proposal
Prepared for CITY OF COMPTON 03737046

Customer Confidential

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Benefits of planned service
A Planned Service Agreement with Johnson Controls
will allow you to optimize your building’s facility
performance, providing dependability, sustainability
and energy efficiency. You’ll get a value-driven
solution that fits your specific goals, delivered with
the attention of a local service company backed by
the resources of a global organization.

With this Planned Service Agreement, Johnson
Controls can help you achieve the following five
objectives:

1. Identify energy savings Opportunities
Since HVAC equipment accounts for a major
portion of a building’s energy usage, keeping
your system performing at optimum levels
may lead to a significant reduction in energy
costs.

2. Reduce future repair costs
Routine maintenance may maximize the life of your equipment and may reduce equipment breakdowns.

3. Extend asset life
Through proactive, factory-recommended maintenance, the life of your HVAC assets may be extended, maximizing the return on your investment.

4. Ensure productive environments
Whether creating a comfortable place where employees can be productive or controlling a space to meet specialized needs, maintenance can help you achieve an optimal environment for the work that is being accomplished

5. Promote environmental health and safety
When proper indoor conditions and plant requirements are maintained, business outcomes may be improved by minimizing sick leave, reducing accidents, minimizing greenhouse gas emissions and managing refrigerant requirements.

All of the services we perform on your equipment are aligned with “The 5 Values of Planned Maintenance” and our technicians understand how the work they perform can help you accomplish your business objectives.

Johnson Controls Planned Service Proposal
Prepared for CITY OF COMPTON 03737046

Customer Confidential

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Our partnership

Personalized account management
A Planned Service Agreement also provides you with the support of an entire team that knows your site and can closely work with you on budget planning and asset management. Your local Johnson Controls account management team can help guide planned replacement, energy retrofits and other building improvement projects. You’ll have peace of mind that an entire team of skilled professionals will be looking out for what is best for your facility and budget.

A culture of safety
Johnson Controls technicians take safety seriously and personally, and integrate it into everything they do. All of our technicians participate in regular and thorough safety training.

Because of their personal commitment, we are a leader in the HVAC service industry for workplace safety performance. This means that you do not have to worry about us when we are on your site.

Commitment to customer satisfaction
Throughout the term of your Planned Service Agreement, we will periodically survey you and use your feedback to continue to make improvements to our service processes and products.

Our goal is to deliver the most consistent and complete service experience possible. To meet this goal, we’ve developed and implemented standards and procedures to ensure you receive the ultimate service experience – every time.

Energy & sustainability
A more sustainable world one building at a time – Johnson Controls is a company that started more than 125 years ago with a product that reduced energy use in buildings. We’ve been saving energy for customers ever since. Today, Johnson Controls is a global leader in creating smart environments where people live, work and play, helping to create a more comfortable, safe and sustainable world.

The value of integrity
Johnson Controls has a long, proud history of integrity. We do what we say we will do and stand behind our commitments. Our good reputation builds trust and loyalty. In recognition for our commitment to ethics across our global operations, we are honored to be named one of the World’s Most Ethical Companies by Ethisphere Institute, a leading think tank dedicated to business ethics and corporate social responsibility. In addition, Corporate Responsibility Magazine recognizes Johnson Controls as one of the top companies in its annual “100 Best Corporate Citizens” list.

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Prepared for CITY OF COMPTON 03737046

Customer Confidential

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Service delivery
As part of the delivery of this Planned Service Agreement, Johnson Controls will dedicate a local customer service agent responsible for having a clear understanding of the agreement scope, and your facility procedures and protocols.

A high-level overview around our service delivery process is outlined below including scheduling, emergency service, on-site paperwork, communication and performing repairs outside of the agreement scope.

Scheduling
Preventative maintenance service will be scheduled using our automated service management system. In advance of the scheduled service visit, our technician is sent a notice of service to a smartphone. Once the technician acknowledges the request, your customer service agent will call or e-mail your on-site contact to let you know the start date and type of service scheduled.

The technician checks in, wears personal protective equipment, performs the task(s) as assigned, checks out with you and asks for a screen capture signature on the smartphone device. A work order is then e-mailed, faxed or printed for your records.

Emergency services
Emergency service can be provided 7 days a week, 24 hours a day, 365 days a year. During normal business hours, emergency service will be coordinated by the customer service agent.

After hours, weekends and holidays, the emergency service number transfers to the Johnson Controls after-hours call center and on-call technicians are dispatched as needed.

Johnson Controls is committed to dispatching a technician within hours of receiving your call through the service line. A work order is e-mailed, faxed or printed for your records. Depending on the terms of your agreement, you may incur charges for after hour services.

Communication
A detailed communication plan will be provided to you so you know how often we will provide information to you regarding your Planned Service Agreement. The communication plan will also provide you with your main contacts at Johnson Controls.

Approval process for non-covered items
Johnson Controls will adhere to your procurement process. No work will be performed outside of the agreement scope without prior approval. Johnson Controls will work with you closely to ensure your procurement process is followed before any non-covered item work is started.

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Prepared for CITY OF COMPTON 03737046

Customer Confidential

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Summary of services and options

Comprehensive and operational inspections
During comprehensive and operational inspections, Johnson Controls will perform routine checks of the equipment for common issues caused by normal wear and tear on the equipment.

Additional tests can be run to confirm the equipment’s performance.

Routine maintenance, such as lubrication, cleaning and tightening connections, can be performed depending on the type of equipment being serviced. Routine maintenance is one of the keys to the five values of maintenance – it can help identify energy saving opportunities, reduce future repair costs, extend asset life, ensure productive environments, and promote health and safety.

Chiller Tube Brushing
Dirt, minerals (scale), and/or biological elements (algae) on chiller tubes prevent the efficient transfer of heat from the chilled water to the cool refrigerant. This requires operation of the chiller unit at lower evaporator (chiller) temperatures to accomplish the same level or capacity of cooling to satisfy building load. Johnson Controls technicians will brush the tubes to improve heat transfer and system efficiency. When required, they will make recommendations for hard mineral (scale) removal. This service does not include chemical treatment required to control or eliminate biohazards such as Legionella unless chemical water treatment services have been added as a separate option.

Combustion Analysis
Combustion analysis and subsequent adjustments are critical to efficient boiler operation. Boiler fuel, whether natural gas or oil, must burn in the proper combination of fuel and air (oxygen). Poor combustion can create soot deposits on the tubes, impairing heat transfer. Incomplete combustion can also lead to the potential formation of CO (carbon monoxide); an odorless gas that can harm occupants in the mechanical room and/or building. Johnson Controls technicians will analyze the flue gas to determine if optimal fuel/air ratios are present.

Connected Services
Connected Services provides your local technician a 24/7 line of sight into your chiller via smartphone, PC or tablet. Using YORK® and Metasys® technology, we securely connect your chiller to our Remote Operations Center, which monitors critical alarms and alerts your local branch if there’s an issue. Trend data is safely stored and securely accessed by your local technician to analyze tough issues or deteriorating conditions. This enhancement gives your local Johnson Controls service team access to the information they need to diagnose problems and provide you with information about the health of your chiller.

Filter Replacement
Clean air filters help maintain proper airflow throughout your building. Decreased airflow can impair the performance of the cooling coil and may lead to occupant discomfort and inefficient operation of the HVAC system. Johnson Controls will replace the filters on a regular basis to maintain airflow and maximize air quality.

Pump Alignment
Johnson Controls technicians collect alignment and balancing data at various measurement points to assess the presence of imbalance or misalignment. Any issues with pump alignment are corrected using laser alignment tools.

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Prepared for CITY OF COMPTON 03737046

Customer Confidential

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Tower/Basin Cleaning
During operation, a cooling tower becomes a natural repository for wind-blown debris. This debris has a tendency to collect in the tower’s sump/basin. Johnson Controls technicians will clean the tower and basin to prevent blockage and potential damage to critical system components. This service does not include chemical treatment required to control or eliminate biohazards such as Legionella unless chemical water treatment services have been added as a separate option.

Vibration Analysis - Chiller
Johnson Controls maintains the world’s largest database of vibration signatures based on more than 50,000 chiller analyses. Data from your chiller is collected by Johnson Controls personnel and uploaded to our predictive diagnostics team for analysis. It is then compared with vibration standards which have been statistically derived from 20 years of compiled data using patented formulas. This allows you to identify and correct potential issues before they cause unscheduled downtime.

Vibration Analysis – Fan & Pump
Johnson Controls technicians will collect vibration data at various measurement points on the machine. This data is used to assess the condition of bearings, sheaves, belts and rotors. It also detects the presences of imbalance or misalignment. Repairs are followed up with another vibration analysis to ensure root problems have been identified and resolved.

Customer Portal / Service Information Access
The Johnson Controls customer portal is the online gateway to easily access various elements of your service information. This real-time, self-service mechanism is just one more way for you to stay in touch with our service within your facilities. Using the internet, you can view service call history by location, monitor agreements, as well as view asset and invoice information.

Johnson Controls Planned Service Proposal
Prepared for CITY OF COMPTON 03737046

Customer Confidential

Do not copy (physically, electronically, or in any other media) without the express written permission of Johnson Controls, I nc. Page 8 of 41

Summary
Thank you for considering Johnson Controls as your building technology services partner. The following agreement document includes all the details surrounding your Planned Service Agreement.

With planned service from Johnson Controls, you’ll get a value-driven solution that can help optimize your building controls and equipment performance, providing dependability, sustainability and energy efficiency. You’ll get a solution that fits your specific goals, delivered with the attention of a local service company backed by the resources of a global organization.

Johnson Controls Planned Service Proposal
Prepared for CITY OF COMPTON 03737046

Customer Confidential

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Planned Service Agreement

Customer Name : CITY OF COMPTON 03737046
Address: 205 S WILLOWBROOK AVE COMPTON,CA 90220-3134
Proposal Date: 04/02/2024
Estimate #: 1-1OD19DJ3

Scope of Service

Johnson Controls, Inc. (“JCI”) and the Customer (co llectively the “Parties”) agree Preventative Maintenance Services, as defined in Schedule A (“Se rvices”), will be provided by JCI at the Customer’s facility. This Planned Service Agreement, the Equip ment List, Supplemental Price and Payment Terms, Terms and Conditions, and Schedules attached hereto and incorporated by this reference as if set forth fully herein (collectively the “Agreement”), cover the rights and obligations of both the Customer and JCI.

Extended Service Options for Premium Coverage

If Premium Coverage is selected, on-site repair services to the equipment will be provided as specified in this Agreement for the equipment listed in the attached Equipment List.

Equipment List

Only the equipment listed in the Equipment List will be covered as part of this Agreement. Any changes to the Equipment List must be agreed upon in writing by both Parties.

Term / Automatic Renewal

This Agreement takes effect on 05/01/2024 and will continue until 04/30/2027 (“Original Term”). The Agreement will automatically renew and extend for s uccessive terms equal to the Original Term unless the Customer or JCI gives the other written notice it does not want to renew prior to the end of the then-current term (each a “Renewal Term”). The notice must be delivered at least (90) days prior to the end of the Original Term or of any Renewal Term. Th e Original Term and any Renewal Term may be referred to herein as the “Term”. Renewal price adjustments are discussed in the Terms and Conditions.

Refrigerant Charges

Refrigerant is not included under this Agreement and will be billed separately to the Customer by JCI.

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Prepared for CITY OF COMPTON 03737046

Customer Confidential

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Price and Payment Terms

The total Contract Price for JCI’s Services during the first year of the Original Term is $79,284.00. This amount will be paid to JCI in advance in Annual ins tallments. Pricing for each subsequent year of a multiyear Original Term is set forth in the Supplem ental Price and Payment Terms. Unless otherwise agreed to by the parties, All payments will be due upon receipt. Renewal price adjustments are set forth in the Terms and Conditions.

Invoices will be sent to the following location: CITY OF COMPTON

GENERAL SERVICES
205 W WILLOWBROOK AVE
COMPTON,CA 90221

To ensure that JCI is compliant with your company’s billing requirements, please provide the following information:

PO is required to facilitate billing:

{{ [] _es_:signer1}} No: This signed contract satisfies requirement

{{ [] _es_:signer1}}
YES: Please reference this PO
number : {{address_es_:signer1}} {{PO_Doc_es_:signer1:attachment}}

AR Invoices are accepted via e-mail:

{{ [] _es_:signer1}} YES: E-mail address to be used : {{email1_es_:signer1}} {{ [] _es_:signer1}} No: Please submit invoices via mail {{ [] _es_:signer1}} No: Please submit via : {{email2_es_:signer1}}

This proposal is valid for thirty days from the proposal date.

JOHNSON CONTROLS Inc.

JCI Manager: {{*N_es_:signer2:fullname}}

Customer Manager: {{*N_es_:signer1:fullname}}

JCI Manager Signature:

Customer Manager Signature:

Title: {{*Ttl_es_:signer2:title}} Date: {{Dte_es_:signer2:date}} Title: {{*Ttl_es_:signer1:title}} Date: {{Dte_es_:signer1:date}}

JCI Branch: JOHNSON CONTROLS LOS ANGELES CA CB - 0N0G
Address: 5770 WARLAND DR STE A
CYPRESS,CA 90630 -5047
Branch Phone: (866) 819 -0230
Branch Email:

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Prepared for CITY OF COMPTON 03737046

Customer Confidential

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Schedule A - Equipment List

CITY OF COMPTON 03737046

205 S WILLOWBROOK AVE
COMPTON , CA 90220-3134

Product : VAV Box, All Types
Quantity: 39
Coverage Level: Basic

Services Provided
1 Operational

Customer Tag Manufacturer Model # Serial #
1-1-13
2-B-1
VAV / 10
VAV / 11
VAV / 12
VAV / 13
VAV / 14
VAV / 15
VAV / 16
VAV / 17
VAV / 18
VAV / 19
VAV / 20
VAV / 21
VAV / 22
VAV / 23
VAV / 24
VAV / 25
VAV / 26
VAV / 27
VAV / 28
VAV / 29
VAV / 3
VAV / 30
VAV / 31
VAV / 32
VAV / 33
VAV / 34
VAV / 35
VAV / 36
VAV / 37
VAV / 38
VAV / 39
VAV / 4
VAV / 5
VAV / 6
VAV / 7
VAV / 8
VAV / 9

Product : Air Handling Unit (AHU), Variable Frequency Drive (VFD), 40-60 HP Quantity: 3
Coverage Level: Basic

Services Provided
3 Operational
1 Comprehensive

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Customer Confidential

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Customer Tag Manufacturer Model # Serial #
AH -1 VFD ABB IPU21 2163201253
AHU -2 VFD Danfoss Mat#: 175Z7370 779518H321
AHU -3 VFD Danfoss Mat#: 175Z7370 803518H321

Enhanced Tier
Product : Air Handling Unit (AHU), Make-Up Air Unit (MAU), <15 HP Quantity: 3
Coverage Level: Basic

Services Provided
3 Operational
1 Comprehensive
4 Standard Filter Change
4 Premium Pleated Filter Change
1 Blower Assembly Vibration
Analysis
1 Belt Change

Customer Tag Manufacturer Model # Serial #
AHU #1 Pace A-40AF 74 -24463 -02
AHU #2 Pace A-40AF 74 -24463 -01
AHU #3 Pace A-22AF 74 -24463 -03

Enhanced Tier
Product : Boiler, Gas-Fired, Fire Tube, 301-600 HP
Quantity: 1
Coverage Level: Basic

Services Provided
3 Operational
1 Combustion Analysis
1 Comprehensive

Customer Tag Manufacturer Model # Serial #
Boiler -1 HARSCO/PK 76050 CL -52 -01 -22968

Product : Pump, Chilled Water, 0-10 HP
Quantity: 2
Coverage Level: Basic

Services Provided
3 Operational
1 Check Alignment (with Laser)
1 Vibration Analysis
1 Comprehensive

Customer Tag Manufacturer Model # Serial #
CHILLED WATER PUMP 1 Bell & Gossett Field update needed C027861 -01 J60 CHILLED WATER PUMP 2 Bell & Gossett Field update need CO27861 -02 J60

Product : Air Compressor/Dryer, Air Compressor, Commercial, 5-20 HP Quantity: 1
Coverage Level: Basic

Services Provided
3 Operational
1 Comprehensive
1 Belt Change

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Customer Confidential

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Customer Tag Manufacturer Model # Serial #
COMPRESSOR DRYER SPX Cooling
Technologies
HPR5 -10 -115 H510A1150801349

Product : Pump, Condenser, 11-50 HP
Quantity: 1
Coverage Level: Basic

Services Provided
3 Operational
1 Vibration Analysis
1 Comprehensive
1 Check Alignment (with Laser)

Customer Tag Manufacturer Model # Serial #
CONDENSER WATER PUMP Write -In Field update needed Condenser water pump field update needed

Product : Pump, Variable Frequency Drive (VFD), 15-30 HP Quantity: 1
Coverage Level: Basic

Services Provided
3 Operational
1 Comprehensive

Customer Tag Manufacturer Model # Serial #
COOLING TOWER VFD (PUMP) ABB Field update needed 2221500285

Product : Chiller, Water Cooled, Screw (Multiple Compressors), 241-300 Tons Quantity: 2
Coverage Level: Basic
Anticipated Connected Date: 05/01/2024

Services Provided
1 Oil Sample and Analysis
1 Condenser Tube Brushing
(removal and replacement of
one head only)
1 Comprehensive (Connected)
1 Connected Service Technology
and Support (Required for
Connected Services)
1 Vibration Analysis
3 Operational (Connected)

Customer Tag Manufacturer Model # Serial #
Chiller 1 JCI_YORK YCWS0140SC46ZAA /
R22
RLRM016490
YCWS, CH -2 JCI_YORK YCWS0140SC46ZAA /
R22
RLRM016489

Enhanced Tier
Product : Cooling Tower, Gravity Distribution, <300 Tons Quantity: 1
Coverage Level: Basic

Services Provided
3 Operational
1 Tower Cleaning
1 Condenser Pump Strainer

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Customer Confidential

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Cleaning
1 Comprehensive
1 Belt Change
1 Vibration Analysis (Fan)

Customer Tag Manufacturer Model # Serial #
Cooling Tower BAC VT1 -N220/NM U066040901

Enhanced Tier
Product : Condensing Unit, Air Cooled, Scroll, 10-40 Tons Quantity: 1
Coverage Level: Basic

Services Provided
3 Operational
1 Comprehensive
1 Condenser Coil Cleaning

Customer Tag Manufacturer Model # Serial #
DO NOT USE Condensing Units JCI_YORK 876 876

Enhanced Tier
Product : Connected Services Internet Connectivity
Quantity: 1
Coverage Level: Basic
Anticipated Connected Date: 05/01/2024

Services Provided
1 Cellular Data Service - US

Customer Tag Manufacturer Model # Serial #
DON NOT USE JCI_YORK 111 111

Enhanced Tier
Product : Fan, Exhaust Fan, Ceiling Mounted, 0 - 5HP
Quantity: 2
Coverage Level: Basic

Services Provided
3 Operational
1 Vibration Analysis-Fan
1 Comprehensive
1 Belt Change

Customer Tag Manufacturer Model # Serial #
Exhaust Fan
Exhaust Fan / 1

Product : Pump, Hot Water, 0-10 HP
Quantity: 1
Coverage Level: Basic

Services Provided
3 Operational
1 Check Alignment (with Laser)
1 Vibration Analysis
1 Comprehensive

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Customer Tag Manufacturer Model # Serial #
HOT WATER PUMP Write -In US ELECTRIAL
MOTORS
Hot water pump field update
needed

Product : Cooling Tower, Variable Frequency Drive (VFD), >60 HP Quantity: 2
Coverage Level: Basic

Services Provided
3 Operational
1 Comprehensive

Customer Tag Manufacturer Model # Serial #
NOT ON CONTRACT CT VFD Fan Write -In CT VFD FAN CT VFD FAN FIELD UPDATE NEEDED

Product : Pump, Process, 0-10 HP
Quantity: 1
Coverage Level: Basic

Services Provided
3 Operational
1 Comprehensive
1 Vibration Analysis

Customer Tag Manufacturer Model # Serial #
Sand Filter Pump Baltimore Aircoil IWF180SAS 89200403

Product : Block Hours - Tradesman
Quantity: 1
Coverage Level: Basic

Services Provided
1 Preventive Maintenance

Customer Tag Manufacturer Model # Serial #
Water Treatment QUARTERLY WATER

TREATMENT SUB PO

Product : Block Hours - Controls
Quantity: 1
Coverage Level: Basic

Services Provided
4 Preventive Maintenance

Customer Tag Manufacturer Model # Serial #
METASYS METASYSSITE013455A

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Product : Contractor - Water Treatment
Quantity: 1
Coverage Level: Basic

Services Provided
1 Contractor - Water Treatment

Customer Tag Manufacturer Model # Serial #

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Equipment tasking

Air Compressor/Dryer, Air Compressor, Commercial, 5-20 HP

Belt Change All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Perform belt change procedures
Remove and dispose any debris from any maintenance activity Document tasks performed during visit and report any observations to appropriate customer representative

Comprehensive All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Drain condensate from tank and check traps
Check safety relief valve
Check condition of pulley and belts (if applicable)
Inspect air filters and wash or replace as needed
Replace oil in compressor and check for proper level
Lubricate motor bearings (per manufacturer's recommendations) Check PE switch and starter
Check pressure reducing station for proper operation
Inspect pressure reducing station filters and clean or replace as required Check for proper operation of air drier
Check air drier condenser coil
Brush air dryer, condenser and cover grills as required Check for unusual noise and vibration
Check overall condition of unit
Remove and dispose any debris from any maintenance activity Document tasks performed during visit and report any observations to appropriate customer representative

Operational All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Drain condensate from tank and check traps
Check safety relief valve
Check condition of pulley and belts (if applicable)
Inspect air filters
Check for proper oil level in compressor
Lubricate motor bearings (per manufacturer's recommendations) Check PE switch and starter
Check pressure reducing station for proper operation
Check for proper operation of air drier
Check air drier condenser coil
Brush air dryer, condenser and cover grills as required Check for unusual noise and vibration
Check overall condition of unit
Document tasks performed during visit and report any observations to appropriate customer representative

Air Handling Unit (AHU), Make-Up Air Unit (MAU), <15 HP

Belt Change All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Perform belt change procedures

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Remove and dispose any debris from any maintenance activity Document tasks performed during visit and report any observations to appropriate customer representative

Blower Assembly
Vibration Analysis
All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Record equipment specific information for reference
Install pads and labels (if applicable)
Install sensors in proper location.

Start equipment and run at normal operating conditions.

Record readings and remove sensors.

Submit readings for report generation and deliver to customer with recommendations.

Document tasks performed during visit and report any observations to appropriate customer representative

Premium Pleated Filter
Change
All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Turn equipment off
Remove dirty filters
Install new filters
Turn equipment on
Dispose of dirty filter appropriately
Document tasks performed during visit and report any observations to appropriate customer representative

Standard Filter Change All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Turn equipment off
Remove dirty filters
Install new filters
Turn equipment on
Dispose of dirty filter appropriately
Document tasks performed during visit and report any observations to appropriate customer representative

Comprehensive All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Visually inspect damper(s)
Check condition of pulleys and belts
Check for proper fan operation
Check condition of coils
Check condition of filters
Record temperatures and pressures (if applicable)
Check for unusual noise and vibration
Check for deterioration of gaskets and seals
Check overall condition of unit
Visually inspect for fluid leaks of coils and connecting piping Check starter/contactor
Check and tighten electrical connections
Check damper operation and lubricate as required
Visually check control valve(s)
Lubricate blower and motor bearings
Clean condensate pan and clear drain line
Check condition of blower assembly
Remove and dispose any debris from any maintenance activity Document tasks performed during visit and report any observations to appropriate customer representative

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Operational All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Inspect motor mounting isolators
Check for integrity of cabinet hardware
Visually inspect damper(s)
Verify damper operation
Check condition of pulleys and belts
Check for proper fan operation
Check condition of coils
Check condition of filters
Record temperatures and pressures (if applicable)
Check condensate drain
Visually inspect electrical connections
Check for unusual noise and vibration
Check overall condition of unit
Visually inspect for fluid leaks of coils and connecting piping Document tasks performed during visit and report any observations to appropriate customer representative

Air Handling Unit (AHU), Variable Frequency Drive (VFD), 40-60 HP

Comprehensive All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Check and tighten electrical connections
Check for heat damage
Review event log (if applicable)
Ramp drive up and down, and check for proper operation (if possible) Check condition of air filter and clean or replace as needed Verify proper operation of cooling fans and clean as needed Check for unusual noise or vibration
Check overall condition of unit
Remove and dispose any debris from any maintenance activity Document tasks performed during visit and report any observations to appropriate customer representative

Operational All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Check drive for proper operation
Review event log (if applicable)
Check for unusual noise and vibration
Check overall condition of unit
Document tasks performed during visit and report any observations to appropriate customer representative

Block Hours - Controls

Preventive Maintenance Check with appropriate customer representative for operational deficiencies Perform scheduled block hour tasks
Complete any required maintenance checklists, report observations to appropriate customer representative

Block Hours - Tradesman

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Boiler, Gas-Fired, Fire Tube, 301-600 HP

Combustion Analysis All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Perform combustion analysis procedures
Document tasks performed during visit and report any observations to appropriate customer representative

Operational All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Blow down boiler
Check for proper operation of low and high gas pressure cut-out switches Check factory supplied gas piping and components for leakage Check burner for proper sequence of operation
Check flame quality
Visually inspect combustion chamber, draft diverter and flue for accumulation of soot
Check boiler relief valves for leakage
Verify proper operation of low water cut-out control
Check combustion blower motor operation
Check hot water/steam temperature and pressure
Check proper operation of make-up water valv
Check overall condition of unit
Document tasks performed during visit and report any observations to appropriate customer representative

Comprehensive All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Inspect burner contactors for wear
Check and tighten electrical connections
Check for proper gas supply pressure
Check and clean pilot assembly
Clean combustion fan wheel
Visually inspect combustion chamber, draft diverter and flue for accumulation of soot - clean as needed
Check burner for proper sequence of operation
Check operating controls
Check all safety controls
Lift relief valve to ensure proper operation
Check boiler relief valves for leakage
Check combustion blower motor operation and lubricate as needed Check factory supplied gas piping and components for leakage Drain boiler, open hand hole covers and clean as needed (if applicable) Disassemble and clean low water cut-out
Fill boiler and check for proper operation of make-up water valve Verify proper operation of low water cut-out control
Check overall condition of unit
Record and log all operating parameters (including pressures and temperatures) Remove and dispose any debris from any maintenance activity Document tasks performed during visit and report any observations to appropriate customer representative

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Chiller, Water Cooled, Screw (Multiple Compressors), 241-300 Tons

Connected Service
Technology and Support
(Required for
Connected Services)
All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Utilizing the secure data connection, perform continuous analysis of critical equipment functions and generate on-demand health reports Provide 24x7 real-time access to equipment operating information and trend data, enabling our technicians to diagnose and anticipate problems Remove and dispose any debris from any maintenance activity Document tasks performed during visit and report any observations to appropriate customer representative

Vibration Analysis All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Record equipment specific information for reference
Install pads and labels (if applicable)
Install sensors in proper location.

Start equipment and run at normal operating conditions.

Record readings and remove sensors.

Submit readings for report generation and deliver to customer with recommendations.

Document tasks performed during visit and report any observations to appropriate customer representative

Comprehensive
(Connected)
All work must be performed in accordance with Johnson Controls safety policies Prior to on-site visit, use Connected Services to review control panel for proper operation and recorded fault histories
Prior to on-site visit, use Connected Services to verify oil heater operation Prior to on-site visit, use Connected Services to record and log all operating parameters
Prior to on-site visit, generate and review appropriate chiller reports from the Connected Services dashboard
Check with appropriate customer representative for operational deficiencies Update Connected Chiller Panel firmware to current version Conduct refrigerant leak check
Check oil separator level
Perform lock-out and tag-out procedure
Inspect contactors for wear
Meg compressor motors and record results
Check and tighten electrical connections
Perform preventative procedures to flow proving devices Check for unusual noise and vibration
For YK, YMC2, YZ, YD, YVAA, YMAA, and YS - Review the Proactive Parts Replacement Tool for components that may be in need of or recommended for proactive replacement.

Check overall condition of unit
Record and log all operating parameters
Remove and dispose any debris from any maintenance activity Document tasks performed during visit and report any observations to appropriate customer representative
Present and review Connected Services dashboard reports and Connected Services operating data with appropriate customer representative

Condenser Tube
Brushing (removal and
replacement of one
head only)
All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Isolate tubes
Drain water from tubes

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Remove head
Mechanically brush tubes
Replace gasket
Replace head
Remove and dispose any debris from any maintenance activity Document tasks performed during visit and report any observations to appropriate customer representative

Oil Sample and Analysis All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Remove sample in approved container
Drop off for analysis
Label and complete paperwork indicating present operating conditions Document tasks performed during visit and report any observations to appropriate customer representative

Operational
(Connected)
All work must be performed in accordance with Johnson Controls safety policies Prior to on-site visit, use Connected Services to review control panel for proper operation and recorded fault histories
Prior to on-site visit, use Connected Services to verify oil heater operation Prior to on-site visit, use Connected Services to record and log all operating parameters
Prior to on-site visit, generate and review appropriate chiller reports from the Connected Services dashboard
Check with appropriate customer representative for operational deficiencies Check for proper condenser and chilled water flow
Check system pressures and temperatures
Check refrigerant charge (sight glass)
Check oil separator level
Check for proper capacity control operation
Check for proper oil temperature and pressure
Check for visual signs of refrigerant/oil leak(s)
Check for unusual noise and vibration
For YK, YMC2, YZ, YD, YVAA, YMAA, and YS - Review the Proactive Parts Replacement Tool for components that may be in need of or recommended for proactive replacement.

Check overall condition of unit
Check for proper operation of oil return system
Record and log all operating parameters
Document tasks performed during visit and report any observations to appropriate customer representative
Present and review Connected Services dashboard reports and Connected Services operating data with appropriate customer representative

Condensing Unit, Air Cooled, Scroll, 10-40 Tons

Condenser Coil
Cleaning
All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Spray coil(s) with chemical solution
Rinse coil(s) thoroughly with water
Remove and dispose any debris from any maintenance activity Document tasks performed during visit and report any observations to appropriate customer representative

Operational All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Review control panel for proper operation and recorded fault histories

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Check refrigerant charge (sight glass)
Check for proper crank case heater operation (if applicable) Check for visual signs of refrigerant/oil leak(s)
Check for proper condenser fan operation
Check for unusual noise and vibration
Check overall condition of unit
Record and log all operating parameters
Document tasks performed during visit and report any observations to appropriate customer representative

Comprehensive All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Review control panel for proper operation and recorded fault histories Check for visual signs of refrigerant/oil leak(s)
Conduct refrigerant leak check
Check for proper crank case heater operation (if applicable) Perform lock-out and tag-out procedure
Inspect condenser fan and compressor contactors for wear Check and tighten electrical connections
Check for unusual noise and vibration
Check overall condition of unit
Record and log all operating parameters
Remove and dispose any debris from any maintenance activity Document tasks performed during visit and report any observations to appropriate customer representative

Connected Services Internet Connectivity

Cellular Data Service -
US
All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Provide reliable and cost effective secure data connection between equipment and Remote Operations Center
Remove and dispose any debris from any maintenance activity Document tasks performed during visit and report any observations to appropriate customer representative

Cooling Tower, Gravity Distribution, <300 Tons

Vibration Analysis (Fan) All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Record equipment specific information for reference
Install pads and labels (if applicable)
Install sensors in proper location.

Start equipment and run at normal operating conditions.

Record readings and remove sensors.

Submit readings for report generation and deliver to customer with recommendations.

Document tasks performed during visit and report any observations to

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appropriate customer representative

Condenser Pump
Strainer Cleaning
All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Clean strainer
Remove and dispose any debris from any maintenance activity Document tasks performed during visit and report any observations to appropriate customer representative

Comprehensive All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Check condition of sump and basin
Check for proper operation of make up water controller and adjust as needed Disassemble and clean sump level sensor (if applicable) Check for proper condenser water temperature control (if applicable) Check operation of bypass valve (if applicable)
Check condition of tower fill
Check for blockage in water distributers
Check fan mechanical drive system and lubricate per manufacturer's recommendation
Check belt(s) (if applicable)
Check and tighten electrical connections
Check operation of basin heater (if applicable)
Check tower sump screens
Check for unusual noise and vibration
Check overall condition of unit
Remove and dispose any debris from any maintenance activity Document tasks performed during visit and report any observations to appropriate customer representative

Operational All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Check condition of sump and basin
Check for proper operation of make up water controller
Check for proper condenser water temperature control (if applicable) Check operation of bypass valve (if applicable)
Check condition of tower fill
Check for blockage in water distributers
Check fan mechanical drive system
Check belt(s) (if applicable)
Check operation of basin heater (if applicable)
Check for unusual noise and vibration
Check overall condition of unit
Document tasks performed during visit and report any observations to appropriate customer representative

Tower Cleaning All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Drain tower and basin
Remove soot and debris
Clean basin
Fill tower and basin
Remove and dispose any debris from any maintenance activity Document tasks performed during visit and report any observations to appropriate customer representative

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Cooling Tower, Variable Frequency Drive (VFD), >60 HP

Comprehensive All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Check and tighten electrical connections
Check for heat damage
Review event log (if applicable)
Ramp drive up and down, and check for proper operation (if possible) Check condition of air filter and clean or replace as needed Verify proper operation of cooling fans and clean as needed Check for unusual noise or vibration
Check overall condition of unit
Remove and dispose any debris from any maintenance activity Perform belt change procedures

Operational All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Check drive for proper operation
Review event log (if applicable)
Check for unusual noise and vibration
Check overall condition of unit
Perform belt change procedures

Fan, Exhaust Fan, Ceiling Mounted, 0 - 5HP

Comprehensive Check with appropriate customer representative for operational deficiencies Check rain guard
Check and tighten electrical connections
Clean area around equipment
Inspect starter
Lubricate as required
Motor operating amps
Check bearing wear
Check belt guard
Check belt(s) (if applicable)
Check drive condition
Check electrical contacts
Check fan blades
Check for proper rotation
Complete any required maintenance checklists, report observations to appropriate customer representative

Operational Check with appropriate customer representative for operational deficiencies Check rain guard
Check and tighten electrical connections
Clean area around equipment
Inspect starter
Lubricate as required
Motor operating amps
Check belt guard

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Check belt(s) (if applicable)
Check drive condition
Check electrical contacts
Check fan blades
Check for proper rotation
Complete any required maintenance checklists, report observations to appropriate customer representative

Vibration Analysis-Fan Check with appropriate customer representative for operational deficiencies Record equipment specific information for reference
Install pads and labels (if applicable)
Install sensors in proper location.

Start equipment and run at normal operating conditions.

Record readings and remove sensors.

Submit readings for report generation and deliver to customer with recommendations.

Complete any required maintenance checklists, report observations to appropriate customer representative

Pump, Chilled Water, 0-10 HP

Check Alignment (with
Laser)
All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Perform laser alignment procedures
Document tasks performed during visit and report any observations to appropriate customer representative

Start equipment and run at normal operating conditions.

Record readings and remove sensors.

Submit readings for report generation and deliver to customer with recommendations.

Document tasks performed during visit and report any observations to appropriate customer representative

Comprehensive All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Check for leaks
Check coupling
Lubricate pump and motor bearing(s) per manufacturer's recommendation Record and log all operating parameters
Check for unusual noise and vibration
Check overall condition of unit
Document tasks performed during visit and report any observations to appropriate customer representative

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Check overall condition of unit
Document tasks performed during visit and report any observations to appropriate customer representative

Pump, Condenser, 11-50 HP

Start equipment and run at normal operating conditions.

Record readings and remove sensors.

Submit readings for report generation and deliver to customer with recommendations.

Document tasks performed during visit and report any observations to appropriate customer representative

Comprehensive All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Check for leaks
Check coupling
Lubricate pump and motor bearing(s) per manufacturer's recommendation Record and log all operating parameters
Check for unusual noise and vibration
Check overall condition of unit
Document tasks performed during visit and report any observations to appropriate customer representative

Operational All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Check for leaks
Check pressures
Visually inspect coupling
Check for unusual noise and vibration
Check overall condition of unit
Document tasks performed during visit and report any observations to appropriate customer representative

Pump, Hot Water, 0-10 HP

Vibration Analysis All work must be performed in accordance with Johnson Controls safety policies

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Check with appropriate customer representative for operational deficiencies Record equipment specific information for reference
Install pads and labels (if applicable)
Install sensors in proper location.

Start equipment and run at normal operating conditions.

Record readings and remove sensors.

Submit readings for report generation and deliver to customer with recommendations.

Document tasks performed during visit and report any observations to appropriate customer representative

Comprehensive All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Check for leaks
Check coupling
Lubricate pump and motor bearing(s) per manufacturer's recommendation Record and log all operating parameters
Check for unusual noise and vibration
Check overall condition of unit
Document tasks performed during visit and report any observations to appropriate customer representative

Operational All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Check for leaks
Check pressures
Visually inspect coupling
Check for unusual noise and vibration
Check overall condition of unit
Document tasks performed during visit and report any observations to appropriate customer representative

Pump, Process, 0-10 HP

Start equipment and run at normal operating conditions.

Record readings and remove sensors.

Submit readings for report generation and deliver to customer with recommendations.

Document tasks performed during visit and report any observations to appropriate customer representative

Comprehensive All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Check for leaks
Check coupling
Lubricate pump and motor bearing(s) per manufacturer's recommendation Record and log all operating parameters
Check for unusual noise and vibration
Check overall condition of unit
Document tasks performed during visit and report any observations to appropriate customer representative

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Operational All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Check for leaks
Check pressures
Visually inspect coupling
Check for unusual noise and vibration
Check overall condition of unit
Document tasks performed during visit and report any observations to appropriate customer representative

Pump, Variable Frequency Drive (VFD), 15-30 HP

Comprehensive All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Check and tighten electrical connections
Check for heat damage
Review event log (if applicable)
Ramp drive up and down, and check for proper operation (if possible) Check condition of air filter and clean or replace as needed Verify proper operation of cooling fans and clean as needed Check for unusual noise or vibration
Check overall condition of unit
Remove and dispose any debris from any maintenance activity Document tasks performed during visit and report any observations to appropriate customer representative

Operational All work must be performed in accordance with Johnson Controls safety policies Check with appropriate customer representative for operational deficiencies Check drive for proper operation
Review event log (if applicable)
Check for unusual noise and vibration
Check overall condition of unit
Document tasks performed during visit and report any observations to appropriate customer representative

VAV Box, All Types

Operational Check with appropriate customer representative for operational deficiencies Check temperature
Check damper and linkage
Cycle thermostat and check for proper operation
Check for leaks in air supply (if applicable)
Check fan operation
Clean area around equipment
Complete any required maintenance checklists, report observations to appropriate customer representative

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Supplemental Price & Payment Terms (Applies to Multi-Year Contracts Only)

Year Total Annual Dollar Amount Payment Frequency Year1 $79,284.00 Annually
Year2 $84,039.00 Annually
Year3 $89,082.00 Annually

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Special Additions and Exceptions

This agreement includes the following discounts on additional labor and material work outside the scope of the contract. Discounts apply to current pricing and rates and are subject to renegotiation.

Labor Discount: 10%
JCI Parts Discount: 10%
3rd Party Part Discount: 10%
Baltimore Part Discount: 10%

This proposal is in compliance with Sourcewell contract #070121-JHN.

Option for years 4 and 5 with the scope as shown in Schedule A of this proposal; Pricing will be negotiated at year 4 and 5 prior to renewal.

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TERMS AND CONDITIONS
DEFINITIONS (REV 8/23)

DIGITAL ENABLED SERVICES mean services provided hereunder that employ JCI so ftware and related equipment installed at Purchaser facilities and JCI cloud-hosted software offerings and tools t o improve, develop, and enable such services. Digit al Enabled Service may include, but are not limited to, (a) remote servicing and inspection, (b ) advanced equipment fault detection and diagnostic s, and (c) data dashboarding and health reporting.

CONTRACT PRICE means the price that Customer shall pay to JCI for the Services.

COVERED EQUIPMENT means the equipment for which Services are to be p rovided under this Agreement. Covered Equipment is set forth in Schedule A - Equipment List.

EQUIPMENT FAILURE means the failure, under normal and expected worki ng conditions, of moving parts or electric or elect ronic components of the Covered Equipment that are necessary for its operation.

PREMISES means those Customer premises where the Covered Equipment is located or Services performed pursuant to this Agreement.

REMOTE MONITORING SERVICES means remote monitoring of Covered Equipment and/or systems including building automation, HVAC equipment, and fire alarm, intrusion, and/or other life safety systems for alarm and event notifications using a UL Certified Central Station.

REMOTE OPERATIONS CENTER (ROC) is the department at JCI that remotely monitors alarm and industrial (HVAC) process signals.

REMOTE OPERATING SERVICES means remote interrogation, modification and/or op eration of building automation, HVAC equipment, and /or other Covered Equipment.

REPAIR LABOR is the labor necessary to restore Covered Equipmen t to working condition following an Equipment Failu re, but does not include services relating to total equipment replacement due to obsolescence or unavailability of parts.

REPAIR MATERIALS are the parts and materials necessary to restore Covered Equipment to working condition following an Equipment Failure, but excludes total equipment replacement due to obsolescence or unavailability of parts, unless excluded from the Agreement. At JCI’s option, Repair Materials may be new, used, or reconditioned.

SCHEDULED SERVICE MATERIALS are the materials required to perform Scheduled Service Visits on Covered Equipment, unless excluded from the Agreement.

SCHEDULED SERVICE VISITS are the on-site labor visits required to perform J CI recommended inspections and preventive maintenan ce on Covered Equipment.

SERVICES are the work, materials, labor, service visits, an d repairs to be provided by JCI pursuant to this Ag reement except that the Services do not include the Connected Equipment Services or the provision of other software products or digital or cloud services, which are provided under separate terms and conditions referenced in Section P.

A. JCI’S SERVICES FOR COVERED EQUIPMENT

1. BASIC COVERAGE means Scheduled Service Visits, plus Scheduled Serv ice Materials (unless excluded from this Agreement) . No parts, equipment, Repair Labor or Repair Materials are provided for under BASIC COVERAGE.

2. PREMIUM COVERAGE means BASIC COVERAGE plus Repair Labor, plus Repair Materials (unless excluded from the Agreement). If Customer has ordered PREMIUM COVERAGE, JCI will ins pect the Covered Equipment within forty-five (45) d ays of the date of this Agreement, or as seasonal or operational conditions permit. JCI will then advise Customer if JCI finds any Covered Equipment not in working order or in need of repair. With Customer’s approv al, JCI will perform the work necessary to put the Covered Equipment in proper working condition, subject to the terms of this Agreement. Customer will pay for such work at JCI’s standard rates for parts and labor in effect at the time that the work is performed. If Customer does not want JCI to perform the work identified as nece ssary by JCI, any equipment thereby affected will be removed from the list of Covered E quipment, and the Contract Price will be adjusted a ccordingly. Should Customer not make JCI’s recommended repairs or proceed with the modified PREMIUM COVERAGE, JCI reserves the right to invoice Customer for the cost of the initial equipment inspection.

3. EXTENDED SERVICE means Services performed outside JCI’s normal busin ess hours and is available only if Customer has PRE MIUM COVERAGE. Extended Service is available either 24/5 or 24/7, at Customer’s election. The price for Extended Service, if chosen by Customer, is part of the total Contract Price.

4. REMOTE MONITORING SERVICES OR REMOTE OPERATING SERVICES. If Remote Monitoring Services or Remote Operating S ervices are provided, Customer agrees to furnish JCI with a lis t of the names, titles, addresses, email addresses, and phone numbers of all persons authorized to be contacted by, or be able to contac t the ROC to perform specific agreed upon actions w ith the appropriate authority. If JCI’s Services include “Remote Monitoring Services with O pen and Close,” Customer also agrees to furnish JCI with Customer’s daily and holiday opening and closing schedules. Customer agrees to maintain and update the call lists with accurate information. Customer further agrees to notify JCI of such changes as soon as possible. JCI/ROC is not responsible to find new contacts/numbers if the contacts on the call lists cannot

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be reached. A maximum of three contacts are allowed for any time of the day. If none of those contacts can be reached, then neither JCI nor the ROC are responsible for damages. Customer is re sponsible for any and all costs and expenses arisin g from Customer’s failure to provide timely updates for any of the contact information submitted to the ROC.

5. CUSTOMER SERVICE INFORMATION PORTAL. Customer may be able to utilize JCI’s Customer Service Information Portal during the term of the Agreement, pursuant to the then applicable Terms of Use Agreement.

B. OUT OF SCOPE SERVICES
If, during any Service Visit, JCI detects a defect in any of Customer’s equipment that is not Covered Equipment under this Agreement (an “Out of Scope Defect”), JCI may (but shall have no obligation to) notify Customer of such Out of Scope Defect. If Customer elects for JCI to repair such Out of Scope Defect, or if JCI otherwise performs any S ervices or provides any materials, parts, or equipm ent outside the scope of the Services (collectively, “Out of Scope Services”), Customer shall direct JCI to perform such Out of Scope Servic es in writing, and Customer shall pay for such Out of Scope Services at JCI’s standard fees or hourly rates. If, after receiving notice of an Out of Scope Defect, Customer elects not to engage JCI to repair such Out of Scope Defect, Customer shall defend and indemnify JCI from and against any and a ll losses, damages, claims, costs and expenses arising directly or indirectly out of such Out of Scope Defect. Any Out of Scope Services pe rformed by JCI at the direction of Customer pursuant to this Section shall be subject to the Cu stomer Terms in effect as of the Effective Date (th e “Customer Terms ”), which Customer Terms are incorporated into this Agreement by this refere nce. A copy of the Customer Terms currently in effe ct is found at www.johnsoncontrols.com/customerterms .

C. EXCLUSIONS
JCI’s Services and warranty obligations expressly exclude:
(a) the repair or replacement of ductwork, casings, cabinets, structural supports, tower fill/slats/ba sin, hydronic and pneumatic piping, and vessels, gaskets, and piping not normally replaced or maintained on a scheduled basis, and removal of oil from pneumatic piping; (b) disposal of hazardous wastes (except as otherwise expressly provided herein); (c) disinfecting of chiller condenser water systems and other components for biohazards, such as but not l imited to, Legionella unless explicitly set forth in the scope of services between the parties. Unless explicitly provide for within the scope of services, this is Out of Scope Services and the Customer’s exclusive responsibilit y to make arrangements for such services with a pro vider other than JCI. Mentions of chiller tube cleaning, condenser cleaning, cooling tower cleaning or boiler tube cleaning in any scope of services, only involve work to remove normal buildup of debris and scale using tub e brush cleaning, pressure washing or acid flushing . Reference to such cleaning does not include chemical cleaning, disinfection or chemical water treatment required to eliminate, control or disinfect against biohazards such as but not limited to Legionella;
(d) refrigerant; supplies, accessories, or any items no rmally consumed during the use of Covered Equipment , such as ribbons, bulbs and paper;
(e) the furnishing of materials and supplies for painting or refinishing equipment ; (f) the repair or replacement of wire in conduit, burie d cable/transmission lines, or the like, if not nor mally replaced or maintained on a scheduled basis ;
(g) replacement of obsolete parts; and
(h) damages of any kind, including but not limited to p ersonal injury, death, property damage, and the cos ts of repairs or service resulting from :
 abuse, misuse, alterations, adjustments, attachments, combinations, modifications, or repairs to Cover ed Equipment not performed, provided, or approved in writing by JCI;
 equipment not covered by this Agreement or attachments made to Covered Equipment;  acts or omissions of the Customer, including but no t limited to the failure of the Customer to fulfill the Customer Obligations and Commitments to JCI as described in Section F of thi s Agreement, operator error, Customer’s failure to conduct preventive maintenance, issues resulting from Customer’s previ ous denial of JCI access to the Covered Equipment, and Customer’s failure to keep the site clean and free of dust, sand, or othe r particles or debris, unless such conditions are p reviously expressly acknowledged by JCI in writing;
 use of the Covered Equipment in a manner or environment, or for any purpose, for which it was not designed by the manufacturer;  site-related and environmental conditions, including but not limited to power failures and fluctuations in electrical current (or “power surges”) and biohazards such as but not limited to Legionella associated with condenser water, cooling tower systems and subcomponent systems;
 the effects of erosion, corrosion, acid cleaning, or damage from unexpected or especially severe freezing weather;  issues or failures not specifically covered by this Agreement; or  occurrences beyond JCI’s reasonable control and without JCI’s fault or negligence.

D. PAYMENT TERMS; PRICE ADJUSTMENTS
Unless otherwise agreed by the parties in writing, fees for Services to be performed shall be paid ann ually in advance. Fees and other amounts due hereunder are due upon receipt of the invoice, which shall be paid by Customer via electronic deli very via EFT/ACH . Such payment is a condition precedent to JCI’s obligation to perform Services under the Agreement. Any invoice disputes must be identified in writing by Customer within 21 days of the date of invoice. Payments of any disputed amounts are due and payable upon resol ution. Customer acknowledges and agrees that timely payments of the full amounts lis ted on invoices is an essential term of this Agreem ent and that failure by Customer to make payment in full when due is a material breach of th is Agreement. Customer shall provide financial info rmation requested by JCI to verify

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Customer’s ability to pay for goods or Services. If Customer fails to provide financial information or if JCI, in its sole discretion determines that reasonable grounds exist to question Customer’s abi lity or willingness to make payments when due (e.g. , not making payments when due, late payments, or a reduction in Customer's credit score ), JCI may defer shipments, change payment terms, r equire cash in advance and/or require other security, without liability and without waivi ng any other remedies JCI may have against Customer . JCI shall provide Customer with advance written notice of changes to payment terms. Custome r further acknowledges that if there is any amount outstanding on an invoice, it is material to company and will give JCI, without prejudice to any other right or remedy, the right to, without no tice: (i) suspend, discontinue or terminate performing any services and/or withhold further deliveries of equipment and other materials, terminate or suspend any unpaid software licenses, and/or suspend JCI’s obligations under or terminate this Agreement; and (ii) charge Customer interest on the amounts unpaid at a rate equal to the lesser of one and one half (1.5) percent per mo nth or the maximum rate permitted under applicable law, until payment is made in full. JCI’s election to continue providing future services does not, in any way diminish JCI’s right to terminate or suspend services or exercise any or all rights or remedies under this Agreement. JCI shall not be liable for any damages, claims, expenses, or liabil ities arising from or relating to suspension of services for non-payment. In the event that there a re exigent circumstances requiring services or the JCI otherwise performs services at the premises following suspension, those services shall be governed by the terms of this Agreement unless a separate contract is executed. If Customer disputes any late payment notice or JCI’s efforts to collect payment. Customer shall immediat ely notify JCI in writing and explain the basis of the dispute. Customer will pay all of JCI’ s reasonable collection costs (including legal fees and expenses). In the event of Customer’s default, the balance of any outstanding amounts will be immediately due and payable.

This Agreement is entered into with the understandi ng that the Services to be provided by JCI are not subject to any local, state, or federal prevailing wage statute. If it is later determined that local, state, or federal prevailing wage rates apply to the Services to be provided by JCI, JCI reserves the right to issue a modification or chang e order to adjust the wage rates to the required pr evailing wage rate. Customer agrees to pay for the applicable prevailing wage rates. JCI may increase prices upon notice to the Customer to ref lect increases in material and labor costs. All stated prices are exclusive of and Customer agrees to pay any taxes, fees, duties, tariffs, false alarm assessments, installation or alarm permits and levies or other similar charges imposed and/or enac ted by a government, however designated or imposed, including but not limited to value-added and withholding taxes that are levied o r based upon the amounts paid under this Agreement. If this Agreement is renewed, JCI will provide Customer with notice of any adjustments in the Contract Price applicable to any Renewal Term. Unless Customer terminates this Agreement in writing at least ninety (90) days prio r to the end of the then-current Term, the adjusted Contract Price shall be the price for the Renewal Term. Prices for products covered by this Agreement may be adjusted by JCI, upon notice to Customer at any time prior to shipment and regardless of Customer’s acceptance of the JCI’s proposal or quotation, to reflect any increase in JCI’s cost of raw materials (e.g., steel, aluminum) inability to secure Products, changes or increases in law, labor, taxes, duties, tariffs or quotas, acts of government, any similar charges, or to cover any extra, unforeseen and unusual cost elements.

E. WARRANTIES
JCI warrants its Services will be provided in a good and workmanlike manner for 90 days from the date of Services. If JCI receives written notice of a breach of this warranty prior to the end of this warranty period, JCI will re-perform any non-conforming Services at no additional charge within a commercially reasonable time of the notification.

If JCI installs or furnishes a piece of equipment u nder this Agreement, JCI warrants that equipment la beled JCI shall be free from defects in material and workmanship arising from normal usage for a period of 90 days. No warranty is provided fo r third-party products and equipment installed or furnished by JCI. Such products and equipment are provided with the third-party manufacturer’s warranty to the extent available, and JCI will transfer the benefits, together with all l imitations, of that manufacturer’s warranty to Cust omer. All transportation charges incurred in connection with the warranty for equipment and/or m aterials not covered under this Agreement shall be borne by Customer. Except as provided herein, if JCI receives written notice of a breach of this warranty prior to the end of this warranty period, JCI will repair or replace (at JCI’s option ) the defective equipment.

These warranties do not extend to any Services or e quipment that have been misused, altered, or repair ed by Customer or third parties without the supervision of and prior written approval of JCI, or if JCI serial numbers or warranty decals have been removed or altered. All replaced parts or equipment shall become JCI’s property. This warran ty is not assignable. Warranty service will be pro vided during normal business hours, excluding holidays. The remedies set forth herein shall be Customer’s sole and exclusive remedy with regards to any warranty claim under this Agreement. Any lawsuit based upon the warranty mus t be brought no later than one (1) year after the e xpiration of the applicable warranty period. This limitation is in lieu of any other ap plicable statute of limitations. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT THESE WARRANTIES ARE JCI’S SOLE WARRANTIES AND TO THE MAX IMUM EXTENT PERMITTED UNDER APPLICABLE LAW ARE IN L IEU OF ALL OTHER

WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT L IMITED TO THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JCI makes no and specifically disclaims all repres entations or warranties that the services, products , software or third party product or software will be secure from cyber threats, hacking or other similar malicious activity, or will detec t the presence of, or eliminate, prevent, treat, or mitigate the spread, transmission, or outbreak of any pathogen, disease, virus or other contagion, including but not limited to COVID 19.

F. CUSTOMER OBLIGATIONS AND COMMITMENTS TO JCI

1. Customer warrants it has given JCI all information concerning the condition of the Covered Equipment. The Customer agrees and warrants that, during the Term of this Agreement, Customer will:
(1) operate the Covered Equipment according to the manufacturer’s and/or JCI’s recommendations; (2) keep accurate and current work logs and information about the Covered Equipment as recommended by the manufacturer and/or JCI; (3) provide an adequate environment for Covered Equipment as recommended by the manufacturer and/or JCI, including, but not limited to adequate space, electrical power, water supply, air conditioning, and humidity control; (4) notify JCI immediately of any Covered Equipmen t malfunction, breakdown, or other condition affect ing the operation of the Covered Equipment;
(5) provide JCI with safe access to its Premises a nd Covered Equipment at all reasonable and necessar y times for the performance of the Services;
(6) allow JCI to start and stop, periodically turn off, or otherwise change or temporarily suspend eq uipment operations so that JCI can perform the Services required under this Agreement;

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(7) as applicable, provide proper condenser, cooling tower and boiler water treatment for the proper functioning of Covered Equipment and protect against any environmental issues and instances of biohazards such as but not limited to Legionella; (8) carefully and properly set and test the intrusion alarm system each night or at such other time as Customer shall close the Premises; (9) obtain all necessary licenses and permits required for and pay all taxes associated with the Services; (10) notify JCI immediately of any claimed inadequ acy in, or failure of, the Covered Equipment or oth er condition affecting the operation of the Covered Equipment;
(11) furnish any necessary 110 volt A/C power and electrical outlets at its expense; (12) properly maintain, repair, service, and assure the proper operation of any other property, system, equipment, or device of Customer or others to which the Covered Equipment may be attach ed or connected, in accordance with manufacturer re commendations, insurance carrier requirements, or the requirements of any fire rating bureau, agency, or other authorities having jurisdiction thereof; (13) not tamper with, alter, adjust, disturb, inju re, remove, or otherwise interfere with any Covered Equipment (including any related software) and not permit the same to be done;
(14) refrain from causing false alarms, and reimburse JCI for any fine, penalty, or fee paid by or as sessed against JCI by any governmental or municipal agency as a result thereof;
(15) be solely responsible for the establishment, operation, maintenance, access, security and other aspects of its computer network (“Network”) and shall supply JCI secure Network acc ess for providing its services. Products networked , connected to the internet, or otherwise connected to computers or other devices m ust be appropriately protected by Customer and/or e nd user against unauthorized access; and
(16) take appropriate measures, including performi ng back-ups, to protect information, including with out limit data, software, or files (collectively “Data”) prior to receiving the service or products.

2. Customer acknowledges and understands that unless water treatment for biohazards (such as Legionella ) is explicitly included in the services JCI is providing, it is Customer's respons ibility to provide such treatment. Customer also ac knowledges that its failure to meet the above obligations will relieve JCI of any responsibility for any Covered Equipment breakdown, or any n ecessary repair or replacement of any Covered Equipment. If Customer breaches any of these obligations, JCI shall have the right, upon written notice to Customer, to suspend its Services until Customer cures such breach. In addi tion, Customer shall be responsible for paying or r eimbursing JCI for any costs associated with corrective work required as a result of Customer’s breach of these obligations.

G. INSURANCE
Customer is responsible for obtaining all insurance coverage that Customer believes is necessary to pr otect Customer, Customer’s property, and persons in or on the Premises, including coverage f or personal injury and property damage. THE PAYMENT S CUSTOMER MAKES UNDER THIS AGREEMENT ARE NOT RELATED TO THE VALUE OF THE PREMISES, CUSTOMER’S PROPERTY OR POSSESSIONS, OR THE PERSONS OCCUPYING OR AT

ANY TIME PRESENT IN OR ON THE PREMISES, BUT RATHER ARE BASED ON THE COST OF THE SYSTEM AND THE SERVICE S, AND TAKE INTO CONSIDERATION THE PROTECTION AFFORDED TO JCI UNDER THIS AGREEMENT. Customer hereby releases JCI from a ny liability for any event or condition customarily covered by commercial liabili ty insurance. Customer understands that neither the Services nor the Covered Equipment are designed to reduce, but not eliminate, certain risk s. JCI does not guaranty that neither the Services nor Covered Equipment will prevent personal injury, unauthorized entrances or fire and smoke da mage to the Premises. Customer further agrees that Customer has read and understands the terms and conditions of this Agreement.

H. INDEMNITY
JCI and Customer shall each indemnify the other par ty and its officers, agents, directors, and employe es, from any and all damages, losses, costs and expenses (including reasonable attorneys’ fees) arising out of third party claims, demands, or sui ts for bodily injury (including death) or damage to tangible property to the extent arising o ut of the negligence or intentional misconduct of t he indemnifying party or its employees or agents. Customer expressly agrees that JCI shall be responsible for injury, damage, or loss only to the extent caused directly by JCI’s negligence or intentional misconduct. The obligations of JCI and Customer under this section are further subject to sections I and K below .

I. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JCI AND ITS AFFILIATES AND THEIR RESPECTIVE PERSONNEL, SUPPLIERS AND VENDORS (“JCI PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY: (1) SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES; (2) LOST PROFITS, REVENUES, DATA, CUSTOMER OPPORTUNITIES, BUSINESS, ANTICIPATED SAVINGS, OR GOODWILL; (3) BUSINESS INTERRUPTION; OR (4) DATA LOSS OR OTHER LOSSES ARISING FROM VIRUSES, RANSOMWARE, CYBER ATTACKS OR FAILURES OR INTERRUPTIONS TO NETWORK SYSTEMS. IN ANY CASE, THE ENTIRE AGGREGATE LIABILIT Y OF THE JCI PARTIES UNDER THIS AGREEMENT FOR ALL D AMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUD ING NEGLIGENCE), OR OTHERWISE SHALL BE LIMITED TO $ 250,000. CUSTOMER UNDERSTANDS THAT JCI IS NOT AN INSURER REGARDING THE WORK OR THE SERVICES. JCI SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR

LOSS THAT MAY RESULT FROM FIRE SAFETY OR SECURITY E QUIPMENT THAT FAILS TO PERFORM PROPERLY OR FAILS TO PREVENT A CASUALTY OR LOSS.

J. FORCE MAJEURE
JCI shall not be liable, nor in breach or default o f its obligations under this Agreement, for delays, interruption, failure to render services, or any other failure by JCI to perform an obligation under this Agreement, where such delay, interruption or failure is caused, in whole or in part, directly or indirectly, by a Force Majeure Event. A “Force Majeure Event” is a condition or event that is beyo nd the reasonable control of JCI, whether foreseeable or unforeseeable, including, without limitation, acts of God, severe weather (including but not limited to hurricanes, tornados, severe snowstorms or severe rainstorms), wildfires, floods , earthquakes, seismic disturbances, or other natur al disasters, acts or omissions of any governmental authority (including change of any app licable law or regulation), epidemics, pandemics, d isease, viruses, quarantines, or other public health risks and/or responses thereto, condemnation, strikes, lock-outs, labor disputes, an inc rease of 5% or more in tariffs or other excise taxes for materials to be used on the project, fires, explosions or other casualties, thefts, vandalism, civil disturbances, insurrection, mob violence, riots, war or other armed conflict (or the serious threat of same), acts of terrorism, electrical powe r outages, interruptions or degradations in

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telecommunications, computer, network, or electroni c communications systems, data breach, cyber-attack s, ransomware, unavailability or shortage of parts, materials, supplies, or transpor tation, or any other cause or casualty beyond the r easonable control of JCI. If JCI’s performance of the work is delayed, impacted, or prevented by a Force Majeure Event or its continued effects, JCI shall be excused from performance under the Agreement. Without limiting the generality of the foregoing, if JCI is delayed in achieving one or more of the scheduled milestones set forth in the Agreement due to a Force Majeure Event, JCI wil l be entitled to extend the relevant completion dat e by the amount of time that JCI was delayed as a result of the Force Majeure Event, plu s such additional time as may be reasonably necessa ry to overcome the effect of the delay. To the extent that the Force Majeure Event directly or indirectly increases JCI’s cost to perform the ser vices, Customer is obligated to reimburse JCI for such increased costs, including, without limitation, costs incurred by JCI for additional labor, inventory storage, expedited shipping fees, trailer and equipment rental fees, subcontractor fees, comp liance with vaccination requirements or other costs and expenses incurred by JCI in connection with the Force Majeure Event.

K. ONE-YEAR CLAIMS LIMITATION; FORUM; CHOICE OF LAW
JCI shall have the sole and exclusive right to dete rmine whether any dispute, controversy or claim ari sing out of or relating to the Agreement, or the breach thereof, shall be submitted to a court o f law or arbitrated. The laws of Delaware shall go vern the validity, enforceability, and interpretation of this Agreement, without regard to conflicts of law principles thereof, and the exclusive venue for any such litigation or arbitration shall be in Milwaukee, Wisconsin. The parties waive any objection to the exclusive jurisdiction of the specified forums, including any objection based on forum non conveniens. In the event the ma tter is submitted to a court, JCI and Customer here by agree to waive their right to trial by jury.. In the event the matter is submitted to arbi tration by JCI, the costs of arbitration shall be b orne equally by the parties, and the arbitrator’s award may be confirmed and reduced to judgment in a ny court of competent jurisdiction. If Company prev ails in any collection action, Customer will pay all of JCI’s reasonable collection costs (including legal fees and expenses). Except as provided below, no claim or cause of action, whether known or unknown, shall be brought by either party against the other more than one year after the clai m first arose. Claims not subject to the one-year limitation include claims for unpaid: (1) contract amounts, (2) change order amounts (approve d or requested) and (3) delays and/or work inefficiencies.

L. TERM AND TERMINATION

1. The Original Term is as set forth herein. At the co nclusion of the Original Term, this Agreement shall automatically renew and extend for successive terms equal to the Original Term unless the Customer or JCI gives the other written notice it does not want to renew prior to the end of the then-current term (each a “Renewal Term”). The notice must be delivered at least ninety (90) days prior to the end of the Original Term or any Renewal Term. The Original Term and any Renewal Term may be referred to herein as the “Term.” Customer agrees to issue and send a Purchase Order to JCI at least thirty (30) d ays prior to expiration of the Original Term or any Renewal Term if necessary for payments to be processed, but failure to do so is not a pre-condition to Renewal Term payments being due to JCI.

2. Remote Monitoring Services and Remote Operating Ser vices may be immediately canceled by either party i f JCI’s Remote Operations Center, connecting wires, or monitoring systems are destroyed by fire or other catastrophe, or where t he Premises are so substantially damaged that it is impractical to continue Services.

3. If either party fails to perform any of its materia l obligations under this Agreement, the other party shall provide written notice thereof to the party alleged to be in default. Should the p arty alleged to be in default fail to respond in wr iting or take action to cure the alleged default within ten (10) days of receiving such written notice, the notifying party may terminate this Agreement by providing written notice of such termination.

4. If JCI’s performance of its obligations becomes im practicable due to obsolescence or unavailability o f systems, equipment, or products (including component parts and/or materials) or bec ause the JCI or its supplier(s) has discontinued th e manufacture or the sale of the equipment and/or products or is no longer is in the business of providing the Services, JCI may termin ate this Agreement, or the affected portions, at its sole discretion upon notice to Customer.

5. JCI may terminate this Agreement and discontinue an y Services if JCI is unable to obtain or continue t o support technologies, or for convenience upon forty-five (45) days written notic e. JCI will not be liable for any damages or subjec t to any penalty as a result of any such termination.

6. JCI may terminate this Agreement, or the affected p ortions, at its sole discretion upon notice to the Customer if JCI’s performance of its obligations are prohibited because of changes in applicable laws, regulations or codes.

7. Upon termination of this Agreement for any reason, Customer shall pay to JCI all undisputed amounts ow ed through the date of termination within thirty (30) days of such termination. If Customer terminates this Agreement, other than in accordance with this Section L, Customer shall also pay Johnson Controls 35% of the charges for Services remaining to be paid for the unexpired Term of this Agreement as liquidated damages and not as a penalty. Customer s hall provide JCI with reasonable access to the Prem ises to remove the Gateway Device and any other JCI property and to un-program any controls, intrusion, fire, or life safety system, as applicable. Customer shall be liable for all fees, costs, and expenses that JCI may incur in con nection with the enforcement of this Agreement, including without limitation, reasonable attorney fees, collection agency fees, and court costs.

M. ASBESTOS, MOLD, BIOAHAZARDS,

AND HAZARDOUS MATERIALS
“Hazardous Materials” means any material or substan ce that, whether by its nature or use, is now or he reafter defined or regulated as a hazardous waste, hazardous substance, pollutant, or contaminant under any local, state, or federal law , regulation, or ordinance relating to or addressing public and employee health and safety an d protection of the environment, or which is toxic, explosive, corrosive, flammable, radioactive, carcinogenic or otherwise hazardous or which is or contains petroleum, gasoline, diesel, fuel, another petroleum hydrocarbon product or polychlorinated biphenyls. “Hazardous M aterials” specifically includes mold, lead-based pa ints, biohazards such as but not limited to Legionella and asbestos-containing materials (“ACM”). Neither Customer nor JCI desires to or is licensed to undertake direct obligations relating to the identification, abatement, cleanup, control, removal or disposal of ACM.

JCI will be responsible for removing or disposing o f any Hazardous Materials that it uses in providing the Services (“JCI Hazardous Materials”) and

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for the remediation of any areas affected by the re lease of JCI Hazardous Materials. For other Hazard ous Materials that may be present at its facilities (“Non-JCI Hazardous Materials”), Custome r shall supply JCI with any information in its poss ession relating to the presence of Hazardous Materials if their presence may affect JCI’s perfor mance of the Services. If either Customer or JCI b ecomes aware of or suspects the presence of Non-JCI Hazardous Materials that may interfere with JCI’s Services, it shall immediately stop the Serv ices in the affected area and notify the other party. As between Customer and JCI, Customer shall be responsible at its sole expense for removing and disposing of Non-JCI Hazardous Materials from its facilities and for the remediation of any areas impacted by the release of the Non-JCI Hazard ous Materials and must provide a certificate of abatement before JCI will be obligated to perfor m or continue its Services, unless JCI had actual k nowledge that Non-JCI Hazardous Materials were present and acted in disregard of that knowled ge, in which case (i) JCI shall be responsible at i ts sole expense for the remediation of any areas impacted by its release of such Hazardous Mat erials, and (ii) Customer shall remain responsible at its sole expense for the removal of Hazardous Materials that have not been released and for releases not resulting from JCI’s performance of the Services. Customer shall defend and indemnify JCI against any losses, costs, damages, expenses, and claims arising out of its failure to comply with this Section M .

N. CUSTOMER DATA
Customer data obtained from the Services is owned by and shall belong to Customer. JCI will access and use Customer data to provide Services to Customer. Except as set forth herein, JCI will not disclose to any third party any individual Custome r data acquired through performance of the Services without Customer’s consent. Customer agrees that JCI and its subsidiaries, affiliates and approved third party contractors and developers may collect and use Customer data for any reason, a s long as any external use of the data is on a de-i dentified basis that does not personally identify Customer or any individual. Customer here by grants JCI a perpetual, worldwide, irrevocable, royalty free license to use, modify, manipulate, sublicense, and create derivative works from such data. JCI shall retain all rights to an y intellectual property, data, materials and products created as a result of its performance of Services .

O. JCI’S INTELLECTUAL PROPERTY
JCI shall retain all right, title and interest in a ny (a) work provided to Customer, including without limitation, all software source and object code, documentation, technical information or data, speci fications and designs and any changes, improvements or modifications thereto (“Deliverables”), and (b) Know-How (defined below) employed by JCI in the creation of the Deliverables or performance of the Services, whether known to JCI prior to, or developed or discovered o r acquired in connection with, the performance of i ts obligations under this agreement.

Ownership of all Deliverables and Know-How shall ve st solely in JCI and no Deliverables shall be deeme d “works made for hire.” Without limiting the generality of the foregoing, ownership of all s ource files used in the course of performing the Se rvices shall remain the exclusive property of JCI. For purposes of this Agreement, “Know-How” me ans any know-how, processes, techniques, concepts, methodologies, tools, analytical approaches, database models and designs, discoveries, and ideas furnished, produced by, developed, or used by JCI in the creation or provision of the Deliverables or in the performance of the Services, and any changes, improvements, or modifications thereto or derivatives thereof .

P. DIGITAL ENABLED SERVICES
Digital Enabled Services ; Data. If JCI provides Digital Enabled Services under this Agreement, these Digital Enabled Services require the collection, transfer and ingestion of building, equipment, system time series, and other data to JCI’s cloud-hoste d software applications. Customer consents to and grants JCI right to collect, ingest and use such data to enable JCI and its affiliates and agen ts to provide, maintain, protect, develop and improve the Digital Enabled Services and JCI products and services. Customer acknowledges that, while Digital Enabled Services generally improve equipment performance and services, Digital Enabled Services do not prevent all potential malfunction, insure against all loss, or guarantee a certain level of performance. Customer shall be sol ely responsible for the establishment, operation, m aintenance, access, security and other aspects of its computer network (“Network”), shall appropriately protect hardware and products connect ed to the Network and will supply JCI secure Network access for providing its Digital Ena bled Services. If Customer accesses and uses Softwa re that is used to provide the Digital Enabled Services, the Software Terms (defined below) will govern such access and use.

Q. JCI DIGITAL SOLUTIONS
JCI Digital Solutions. Use, implementation, and deployment of the softwa re and hosted software products (“Software”) offere d under these terms shall be subject to, and governed by, JCI's s tandard terms for such Software and Software relate d professional services in effect from time to time at
www.johnsoncontrols.com/techterms (collectively, the “Software Terms”). Specifically , the JCI General EULA set forth at www.johnsoncontrols.com/buildings/legal/digital/generaleula governs access to and use of software installed on Customer’s premises or systems and the JCI Terms of Service set forth at www.johnsoncontrols.com/buildings/legal/digital/generaltos govern access to and use of hosted software products. The applicable Software Terms are incorpo rated herein by this reference. Other than the righ t to use the Software as set forth in the Software Terms, JCI and its licensors reserve all r ight, title, and interest (including all intellectu al property rights) in and to the Software and improvements to the Software. The Software that is licensed hereunder is licensed subject to the Software Terms and not sold. If there is a conflict between the other terms herein and the Software Ter ms, the Software Terms shall take precedence and go vern with respect to rights and responsibilities relating to the Software, its impl ementation and deployment and any improvements ther eto. Notwithstanding any other provisions of this Agreement, unless otherwise agreed, the following terms apply to Software that is provided to Customer on a subscription basis (i.e., a time limited license or use right), (each a “Software Subscription”):

Each Software Subscription provided hereunder will commence on the date the initial credentials for th e Software are made available (the “Subscription Start Date”) and will continue in effect until the expiration of the subscription term noted in the applicable statement of work, order or other applicable ordering document . At th e expiration of the Software Subscription, such Sof tware Subscription will automatically renew for consecutive one (1) year terms (each a “Renewal Subscription Term”), unless either party provides the other party with a notice of non-renewal at least ninety (90) days prior to the expiration of the then-current term. To the extent permitted by applicable law, Software Subscriptions purchases are non-cancelable, and the sums paid nonrefundable. Fees for Software Subscr iptions shall be paid annually in advance, invoiced on the Subscription Start Date an d each subsequent anniversary thereof. Customer sh all pay all invoiced amounts within thirty calendar days after the date of invoice. Payments not made within such time period shall be subject to late charges as set forth in the Software Terms. Unless otherwise agreed by the parties in writing, the subscription fee for each Renewal Subscription Term will be priced at JCI's then-applicable list price for that Software offering. Any use of Software that exceeds the sco pe, metrics or volume set forth in this Agreement and applicable SOW will be subject to additional fees based on the date such excess use began.

R. PRIVACY

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1. JCI as Processor : Where JCI factually acts as Processor of Personal Data on behalf of Customer (as such terms are defi ned in the DPA) the terms at www.johnsoncontrols.com/dpa (“DPA”) shall apply.

2. JCI as Controller: JCI will collect, process and transfer certain per sonal data of Customer and its personnel related to the business relationship between it and Customer (for example names, email addresses, telephone numbers) as controller and in accordance with JCI’s Privacy Notice at https://www.johnsoncontrols.com/privacy . Customer acknowledges JCI’s Privacy Notice and strictly to the extent consent is mandatorily required under applicable law, Customer consents to such collection, processing and transfer. To the extent consent to such collection, processing and transfer by JCI is mandatorily required from Cu stomer’s personnel under applicable law, Customer w arrants and represents that it has obtained such consent

S. MISCELLANEOUS PROVISIONS

1. All notices required to be given hereunder shall be in writing and shall be considered properly given if: (a) delivered in person, (b) sent via the United States Postal Service, postage prepaid, registered or certified with return receipt request ed, (c) sent by overnight delivery service (e.g., FedEx, UPS), or (d) sent by facsimile, email or other electronic means and confirmed by facsimile, return email or telephone .

2. This Agreement is not assignable by the Customer ex cept upon written consent of JCI first being obtain ed. JCI shall have the right to assign this Agreement, in whole or in part, or to subcontract any of its obligations under this Agreement without notice to Customer. This Agreement inures to the benefit of and is applicable to any a ssignees or subcontractors of JCI, and is binding u pon Customer with respect to said assignees or subcontractors with the same force and effect as it binds Customer to JCI .

3. If any provision of this Agreement is found to be i nvalid, illegal or unenforceable in any respect, th e validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby .

4. This Agreement is the entire contract between JCI a nd Customer and supersedes any prior oral understan dings, written agreements, proposals, or other communications between the parties .

5. Customer acknowledges and agrees that any purchase order issued by Customer in connection with this Ag reement is intended only to establish payment authority for Customer’s internal accounting purposes and shall not be considered to be a counteroffer, amendment, modification, or other revision to the terms of this Agreement. No term or condition included or referenced in Customer’s purchase order will have any force or effect and these terms and conditions shall control. Customer’s acceptance of any Services shall constitute an acceptance of these terms and conditions. Any proposal for addit ional or different terms, whether in Customer’s pur chase order or any other document, unless expressly accepted in writing by JCI, is hereby objected to and rejected.

6. JCI supplies “commercial items” within the meaning of the Federal Acquisition Regulations (FAR), 48 CF R Parts 1-53. As to any customer order for a U.S. Government contract, JCI will comp ly only with those mandatory flow-downs for commerc ial item and commercial services subcontracts listed either at FAR 52.244-6, or 52.212-5(e)(1), as applicable.

7. If there are any changes to Customer’s facilitie s or operations, or to applicable regulations, laws , codes, taxes, or utility charges, that materially affect JCI’s performance of the Services or its pricing thereof, JCI shall have the right to an equitable and appropriate adjustment to the scope, pricing, and other affected terms of this Agreement .

ADDENDUM TO PSA TERMS AND CONDITIONS FOR

MONITORING OF INTRUSION, FIRE AND OTHER SAFETY SYSTEMS

If Remote Monitoring Services explicitly includes r emote fire alarm monitoring, security alarm monitor ing or video monitoring in the scope of work or customer charges, the Agreement is hereby m odified and amended to include the terms and provis ions of this Addendum to the PSA for Monitoring of Intrusion, Fire and Safety Systems (t he “Addendum”). Capitalized terms that are not def ined herein, shall have the meaning given to them in the Agreement. In the event of a conflic t between the terms and conditions of this Addendum and those appearing in the Agreement, the terms and conditions of this Addendum shall prevail.

1. Remote Monitoring of Alarm Signals. If JCI receives an emergency alarm signal at JCI’s ROC, JCI shall endeavor to notify the appropriate police or fire department, or other emergency response age ncy having jurisdiction and JCI shall endeavor to n otify Customer or its designated representative by email unless instructed to do oth erwise by Customer in writing and/or based on stand ard operating procedures for the ROC.

JCI, upon receipt of a non-emergency signal from the Premises, shall endeavor to notify Customer’s representative pursuant to Customer’s written instructions, defaulting to email or text notificat ion. Customer acknowledges that if the signals tra nsmitted from the Premises will be monitored in a monitoring facility not operated by JCI, the p ersonnel in such monitoring facilities are not the agents of JCI, nor does JCI assume any responsibility for the manner in which such signals are monitored or the response to such signal.

2. Remote Monitoring Services Pricing. Remote Monitoring Services shall be provided by JCI if the Agreement includes a charge for such Service.

If such Service is purchased, JCI will monitor the number of alarms for the Premises and the initial c harge is based on the pricing agreed to by the parties, subject to the terms and conditions of thi s Addendum. If the number of alarms produced at the Premises goes beyond the contracted number of alarms in a month, Customer will be billed an overage fee.

3. Communications Media. Customer acknowledges that monitoring of Covered Eq uipment requires transmission of signals over stand ard telephone lines and/or the Internet and that these modes of transmission may be interrupted, circumven ted, or compromised, in which case no signal can be transmitted from the Premises to the monitoring facility. Customer understands that to allow the monitoring facility to be aware of such a condition, additional or alternative protect ion can be installed, such as line security devices , at Customer’s cost and expense and for transmission via telephone line only. Customer acknowledges it is aware that line security devices are available and, unless expressly identified in Schedule A - Equipment List, has declined to purcha se such devices. Customer further acknowledges tha t such additional protection is not

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available for Internet transmission under this Agreement.

4. False/Unnecessary Alarms; Service Calls. At JCI’s option, an additional fee may be charged f or any false alarm or unnecessary Service Visit caused or necessitated by Customer. In addition, C ustomer shall be fully responsible and liable for f ines, penalties, assessments, taxes, fees or charges imposed by a governmental body, telephone, communication, or signal transmission company as th e result of any false alarm and shall reimburse JCI for any costs incurred by JCI in conn ection therewith. Customer shall operate the syste m carefully so as to avoid causing false alarms. False alarms can be caused by severe weathe r or other forces beyond the control of JCI. If an undue number of false alarms are received by JCI, in addition to any other available remedies available to JCI, JCI may terminate this Agreement and discontinue any Service(s) and seek to recover damages. If an agent is dispatched, by a go vernmental authority or otherwise, to respond to a false alarm, where the Customer, or any other party has intentionally, accidentally or negl igently activated the alarm signal, Customer shall be responsible for and pay any and all fees and/or fines assessed with respect to the false ala rms and pay to JCI the additional charges and costs incurred by it from a false alarm. If the Customer's system has a local audible device, Custo mer authorizes JCI to enter the Premises to turn of f the audible device if JCI is requested or ordered to do so by governmental authorities, neigh bors or anyone else and Customer will pay JCI its s tandard service call charge for each such visit. Police agencies require repair of systems w hich cause false dispatches. Customer shall maintai n the equipment necessary for JCI to supply the Services and Customer shall pay all costs for s uch maintenance. At least monthly, Customer will test the system's protective devices and send test signals to the ROC for all monitoring equipmen t in accordance with instructions from JCI or the R OC. Customer agrees to test the monitoring systems, including testing any ultrasonic, microwave, infrared, capacitance or other electronic equipment prior to the end of each month and will immediately report to JCI if the equipment fails to respond to the test. Customer shall make any neces sary repairs as soon after receipt of notice as is reasonably practical. Customer shall at all times be solely responsible for maintaining any sprinkler system in good working order and provide adequate heat to the Premises.

5. Remote Monitoring of Video Monitoring Services. During the Term, JCI's sole and only obligation ari sing from the inclusion of Video Monitoring Services in any Service offering shall b e to monitor the digital signals actually received by JCI at its ROC from means of the Video System and upon receipt of a digital signal indicating that an alarm condition exists, to endeavor, as permitted by law, to notify the police or other municipal authority deemed appropriate in JCI’s abs olute discretion and to such persons Customer has d esignated in writing to JCI to receive notification of such alarm condition as set forth herein. . No alarm installation, repair, maintenance or guard responses will be provided under this Video Monitoring Services option. JCI may, without prior notice to Customer, in response to applicable law or insurance requirements, revise, replace, discontinue and/or rescind its response policies and procedures.

a. Inception and conclusion of service . Video Monitoring shall be provided by JCI if this Agreement includes a charge for Video Monitoring Services. If such Video Monitoring Servi ce is purchased, Video Monitoring Services will beg in when the Video System is installed and operational, and when the necessary c ommunications connection is completed. No obligatio n for the provision of this Video Monitoring Service will commence until these requirements are met.

b. Customer Equipment. Customer shall obtain, at its own cost and expense: (a) the equipment necessary to connect to JCI’s RO C; and (b) whatever permission, permits or licenses that m ay be necessary from all persons, governmental auth orities, utility, and any other related service providers in connection with the Se rvices. The video system to be used by the Custome r is intended to produce and transmit video images (the “Video System Images”) of the Premises to the ROC (the “Video System”). JCI makes no promise, warranty or representation that the video system will operate a s intended. Customer further agrees that, notwithst anding any role or participation by JCI in Video System and Video System Images, JCI shall have no responsibility or obligation with regard to Customer, the Video System or any other Customer equipment.

c. System Location. The Video System related cameras shall be located and positioned by Customer along with attendant bur glary digital alarm signal(s). Customer shall ensure that the Video System related cameras will be positione d and located such that it will only produce or capture Video System Images of areas of the Premises. Customer will provide adequate illum ination under all operating conditions for the proper viewing of the cameras. C ustomer acknowledges and agrees that JCI has exerci sed no control over, or participated in locating or positioning the Video S ystem related camera including, but not limited to selecting what areas, locations, things or persons that the Video System Images may depict or capture.

d. Images. Customer shall be solely responsible for the Video System Images produced or captured by the Video Sys tem and Customer shall defend, indemnify and hold harmless JCI and i ts officers, agents, directors, and employees, from any and all damages, losses, costs and expenses (including reasonable attorneys’ fees) arising out of third party claims, demands, or sui ts in connection with the use, operation, location and position of the Video Syste m, and the Video System Images resulting there from , including, but not limited to, any claims of any person depicted in a Video System image, including but not limited to, any claim by such person that his or her privacy has been invaded or intruded upon or his or her likeness has been misappropriated. Any duty to obtain the consent or permission of any person depicted in a Video System Image to have his or her likeness to be depicted, received, transmit ted or otherwise used, and the duty to determine and comply with any and all appli cable laws, regulations, standards and other obliga tions that govern the legal, proper and ethical use of video capturing devices, such as the Video System, including, but not limite d to, notification that the Video System is in use at the Premises, shall be the sole responsibility of the Customer. JCI agrees to make Video System Images available to Customer and upon their respective request. JCI ma kes no promise, warranty or representation as to th e length of time that it retains Video Images, or the quality thereof.

e. Video System Signals. When a signal from the Video System is received, JC I reserves the right to verify all alarm signals be fore notifying emergency personnel, and may choose not to notify emergency personnel if it has reason to believe, in its sole discretion, that an emergency condition does not exist. JCI will first attempt to verify the nature of the emergency by using visual verification and/or the two-way voice system (if applicable) of the Video S ystem included in Customer's system. If JCI determ ines that an emergency condition exists, JCI will endeavor to notify the proper police or emergency contact on a notification call list provided in writing by Customer to JCI, or its designee. When a non-emergency signal is rec eived, JCI will attempt to contact the first availa ble Customer representative on the notification call list but will not notify emergenc y authorities, this notification will be in the for m of email or text and follow ROC processes. If the customer requires phone calls to the call list for any emergency or non-emergency si tuation, the customer will need to make this request in writing. Customer authorizes and directs JCI, as its agent, to use its full discr etion in causing the arrest or detention

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of any person or persons on or around the premises who are not authorized by Customer. JCI WILL NOT ARREST OR DETAIN ANY PERSON .

f. Recordings. Customer consents to the tape recording of all tele phonic communications between the Premises and JCI. JCI will have no liability arising from recording (or failure to record) or publication of any two-way voice communi cations, other video recordings or their quality. JCI shall have no liability in conne ction with Video System or the Video System Images, including, but not limited to, any failure, omission, negligence or other act by JCI, or any of its officers, employees, representatives, agents, contractors, or any other third party in connection with the receipt (or failure of receipt), transmission, reading, interpreting, or response to any Video Image.

6. Risk of Loss is Customer’s. JCI does not represent or warrant that the Services will detect or prevent the events they are intende d to help detect or prevent including any burglary, holdup, f ire or otherwise ("Detection Events"), or that the Services will be uninterrupted or error-free.

Customer assumes all risk of loss or damage to Cust omer's person or property, or the property of other s, if such an event occurs. Neither JCI nor its suppliers shall have any liability for loss, da mage or injury due directly or indirectly to Detect ion Events, or the consequences therefrom.

Further, expressly excluded from this Agreement are the warranties of merchantability or fitness or suitability for a particular purpose

NOTWITHSTANDING THE FOREGOING, IF JOHNSON CONTROLS SHOULD BE FOUND LIABLE FOR LOSS, DAMAGE OR INJURY D UE TO AN ACT OR

OMISSION BY JOHNSON CONTROLS OR A FAILURE OF THE EQ UIPMENT OR SERVICE IN ANY RESPECT, ITS LIABILITY WI LL BE LIMITED TO A SUM EQUAL TO 10% OF THE ANNUAL SERVICE CHARGE OR $1,000 , WHICHEVER IS GREATER, AS THE AGREED UPON DAMAGES AND NOT AS A PENALTY, AND AS THE EXCLUSIVE REMEDY. THIS PARAGRAP H SHALL APPLY IF LOSS, DAMAGE OR INJURY, IRRESPECTIVE OF CAUSE OR ORIGIN,

AND REGARDLESS OF LEGAL THEORY, RESULTS DIRECTLY OR INDIRECTLY TO PERSON OR PROPERTY OR FROM PERFORMAN CE OR NONPERFORMANCE OF OBLIGATIONS IMPOSED BY THIS AGREEMENT. IF ANY THIRD PARTY, INCLUDING CUSTOMER’S SUBROGATING INSURER,

MAKES A CLAIM OR FILES A LAWSUIT AGAINST JOHNSON CO NTROLS IN ANY WAY RELATING TO THE EQUIPMENT OR SERV ICES, CUSTOMER

AGREES TO INDEMNIFY AND HOLD HARMLESS JOHNSON CONTR OLS FROM ANY AND ALL SUCH CLAIMS AND LAWSUITS INCLU DING THE PAYMENT OF ALL DAMAGES, EXPENSES, COSTS AND ATTORNEYS' FEES.

7. JCI’S RECEIPT OF ALARM SIGNALS, ELECTRONIC DATA, VO ICE DATA OR IMAGES (COLLECTIVELY, “ALARM SIGNALS”) FROM THE EQUIPMENT OR SYSTEM INSTALLED IN THE PREMISES IS DEPENDENT UP ON PROPER TRANSMISSION OF SUCH ALARM SIGNALS. JCI’S ROC CANNOT RECEIVE ALARM SIGNALS WHEN THE CUSTOMER’S TELCO SERVICE OR OTHER TRANSMISSION MODE IS NOT OPERATING OR HAS BEEN CUT, INTERFERED

WITH, OR IS OTHERWISE DAMAGED, OR IF THE ALARM SYST EM IS UNABLE TO ACQUIRE, TRANSMIT OR MAINTAIN AN AL ARM SIGNAL OVER CUSTOMER’S TELCO SERVICE OR TRANSMISSION MODE FOR A NY REASON INCLUDING BUT NOT LIMITED TO NETWORK OUTA GE OR OTHER NETWORK PROBLEMS SUCH AS CONGESTION OR DOWNTIME, RO UTING PROBLEMS, OR INSTABILITY OF SIGNAL QUALITY. C USTOMER

UNDERSTANDS THAT SIGNAL TRANSMISSION FAILURE MAY OC CUR OVER CERTAIN TYPES OF TELCO SERVICES SUCH AS SO ME TYPES OF DSL,

ADSL, VOIP, DIGITAL PHONE, INTERNET PROTOCOL BASED PHONE OR OTHER INTERNET INTERFACE-TYPE SERVICE OR R ADIO SERVICE,

INCLUDING CELLULAR, WIRELESS OR PRIVATE RADIO, OR C USTOMER'S PROPRIETARY TELCOMMUNICATION NETWORK, INT RANET OR IP-PBX,

OR OTHER THIRD-PARTY EQUIPMENT OR VOICE/DATA TRANSM ISSION NETWORKS OR SYSTEMS OWNED, MAINTAINED OR SER VICED BY CUSTOMER OR THIRD PARTIES, IF: (1) THERE IS A LOSS OF NORMAL ELECTRIC POWER TO THE MONITORED PREMISES OCCURS (THE BATTERY BACK-UP FOR JCI’S ALARM PANEL DOES NOT POWER CUSTOM ER’S COMMUNICATION FACILITIES OR TELCO SERVICE); OR (2) ELECTRONIC COMPONENTS SUCH AS MODEMS MALFUNCTION OR FAIL. CUST OMER UNDERSTANDS THAT JCI WILL ONLY REVIEW THE INIT IAL COMPATIBILITY OF THE ALARM SYSTEM WITH CUSTOMER’S T ELCO SERVICE AT THE TIME OF INITIAL INSTALLATION OF THE ALARM SYSTEM AND THAT CHANGES IN THE TELCO SERVICE’S DATA FORMAT AFTER JCI’S INITIAL REVIEW OF COMPATIBILITY COULD MAKE THE TELCO SERVICE UNABLE TO TRANSMIT ALARM SIGNALS TO JCI’S ROC. IF J CI DETERMINES IN ITS SOLE DISCRETION THAT CUSTOMER’ S TELCO SERVICE IS

COMPATIBLE, JCI WILL PERMIT CUSTOMER TO USE ITS TEL CO SERVICE AS THE PRIMARY METHOD OF TRANSMITTING AL ARM SIGNALS,

ALTHOUGH CUSTOMER UNDERSTANDS THAT JCI RECOMMENDS T HAT CUSTOMER ALSO USE AN ADDITIONAL BACK-UP METHOD OF COMMUNICATION TO CONNECT CUSTOMER’S ALARM SYSTEM TO JCI’S ROC REGARDLESS OF THE TYPE OF TELCO SERVICE USED. CUSTOMER ALSO UNDERSTANDS THAT IF JCI DETERMINES IN ITS SOLE DISCRETION THAT CUSTOMER’S TELCO SERVICE IS, OR LA TER BECOMES,

NON-COMPATIBLE, OR IF CUSTOMER CHANGES TO ANOTHER T ELCO SERVICE THAT IS NOT COMPATIBLE, THEN JCI WILL REQUIRE THAT CUSTOMER USE AN ALTERNATE METHOD OF COMMUNICATION A CCEPTABLE TO JCI AS THE PRIMARY METHOD TO CONNECT C USTOMER’S ALARM SYSTEM TO JCI’S ROC. JCI WILL NOT PROVIDE FIR E OR SMOKE ALARM MONITORING FOR CUSTOMER BY MEANS O THER THAN AN

APPROVED TELCO SERVICE AND CUSTOMER UNDERSTANDS THA T IT IS SOLELY RESPONSIBLE FOR ASSURING THAT IT USE S APPROVED TELCO SERVICE FOR ANY SUCH MONITORING AND THAT IT COMPLIE S WITH NATIONAL FIRE ALARM STANDARDS AND LOCAL FIRE CODES. CUSTOMER ALSO UNDERSTANDS THAT IF CUSTOMER’S ALARM SYSTEM HAS A LINE CUT FEATURE, IT MAY NOT BE ABLE TO DETECT ALARM SIGNALS IF THE

TELCO SERVICE IS INTERRUPTED, AND THAT JCI MAY NOT BE ABLE TO DOWNLOAD SYSTEM CHANGES REMOTELY OR PROV IDE CERTAIN AUXILIARY MONITORING SERVICES THROUGH A NON-APPROVE D TELCO SERVICE. CUSTOMER ACKNOWLEDGES THAT ANY DEC ISION TO USE A NON-APPROVED TELCO SERVICE AS THE METHOD FOR TRANSM ITTING ALARM SIGNALS IS BASED ON CUSTOMER’S OWN IND EPENDENT

BUSINESS JUDGMENT AND THAT ANY SUCH DECISION IS MAD E WITHOUT ANY ASSISTANCE, INVOLVEMENT, INPUT, RECOM MENDATION, OR ENDORSEMENT ON THE PART OF JCI. CUSTOMER ASSUMES SO LE AND COMPLETE RESPONSIBILITY FOR ESTABLISHING AND MAINTAINING ACCESS TO AND USE OF THE NON-APPROVED TELCO SERVICE FOR CONNECTION TO THE ALARM MONITORING EQUIPMENT. CUSTOMER

FURTHER UNDERSTANDS THAT THE ALARM SYSTEM MAY BE UN ABLE TO SEIZE THE TELCO SERVICE TO TRANSMIT AN ALAR M SIGNAL IF ANOTHER CONNECTION HAS DISABLED, IS INTERFERING WITH, OR BLOCKING THE CONNECTION.

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[END OF DOCUMENT]

Johnson Control, Inc.
5-Year Annual Maintenance Agreement

[Additional Signature Page for City of Compton Rep resentatives]

Approved as to form:

By ___________________________________ Date: ____ ____________ Eric J. Perrodin, City Attorney

ATTEST:

By ___________________________________ Date: ____ ____________ Vernell McDaniel, City Clerk

June 25, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: NEBRASKA JONES, DIRECTOR

GENERAL SERVICES DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIVE (5) YEAR

LEASE AGREEMENT WITH ANGELS FOR SIGHT FOR THE LEASE OF
CITY-OWNED PROPERTY LOCATED AT 920 NORTH ALAMEDA
STREET

SUMMARY
The City Council will consider a request by the Angels for Sight organization to authorize the City Manager to enter into a five (5) year (i.e. July 1, 2024, through June 30, 2029), agreement for the lease of approximately 1,224 square feet of indoor space and 2,216 square feet of outdoor space at City-owned property, located at 920 North Alameda Street, Compton, California 90221.

BACKGROUND
The City of Compton owns certain real property located at 920 North Alameda Street, Compton, California 90221. Pursuant to guidance of the City Council, in November 2012, the City Manager implemented a City-wide leasing policy which mandates that City- owned facilities and/or property shall not be leased without first obtaining proper authorization from the City Council (i.e. an adopted resolution) and execution of a written lease agreement [City of Compton Standard Operating Manual, Policy 4.17(A)]. In addition to other matters, the Policy specifies that lease rates shall be based on the square footage of the area(s) subject to the exclusive use/occupation of the Lessee and that the standard leasing rate in a City-owned facility shall be at least One Dollar ($1.00) per square foot for indoor space and Fifty Cents ($0.50) per square foot for outdoor space or vacant property.

In addition to this required minimum base rental rate, the leasing policy addresses recovery of the costs incurred by the City for the provision of the following services:
utilities (e.g. gas, electricity, water, trash, etc.), maintenance and repairs, custodial services and City security. However, the leasing policy does provide that a Tenant that will have exclusive use/occupation of the entire City facility and/or property shall be solely responsible for all utilities, janitorial, security, and minor, routine interior and exterior maintenance of the facility or property, with the City responsible for structural and major repairs and maintenance.

17.17.17.17.17.17.17.17. Staff Report – Resolution Authorizing Lease 920 North Alameda Street - Angels for Sight
1,224 Indoor Sq. Ft. / 2,216 Outdoor Sq. Ft.

June 18, 2024, Page 2

STATEMENT OF ISSUE
Historical Background of Organization
According to the prospective Tenant, Angels for Sight (“Angels”) is a non-profit dedicated and committed to providing free vision screening, eye examinations, and glasses to the uninsured and visually impaired. Their goal is to ensure that our children’s vision will provide them with the confidence to see the future. Studies have shown that children who suffer from vision deficiencies are more likely to suffer educationally and socially. At Angels, they believe that the ability for our children to see is critical. Without sight and clear vision, our children’s ability to learn is virtually eliminated.

The proposed lease agreement will provide Angels with exclusive use of the following space at 920 North Alameda Street:

Exclusive Indoor Square Footage 1,224 square feet
Exclusive Outdoor Square Footage 2,216 square feet
Total Exclusive Square Footage 3,440 square feet
Angels seeks City Council approval to enter into a five (5) year lease agreement with the City, beginning July 1, 2024, through June 30, 2029, for exclusive occupation of the entire property. Angels is interested in leasing the subject property for the purpose of administrative offices and support services for their organization.

On May 28, 2024, Angels met with the City Manager and Director of General Services to discuss the lease agreement. The organization wishes to provide approximately $62,462.50 in tenant improvements and requests a reduction in the lease rental rate.

Management does not oppose this proposal, provided that tenant improvements are concluded within the first six (6) months of the agreement.

Angels request that the Council authorize leasing rental rate provisions different than required by the City’s Leasing Policy; more specifically, a lesser rental amount of One Dollar ($1.00) per year for the term of the lease agreement. Angels will be responsible for utilities, routine maintenance, minor repairs, custodial, and security. SOM Policy

4.17(A)(1) provides that “…only the City Council shall have the authority to reduce or waive the standard leasing rates and/or other costs required by the policy and the proposed lease agreement.” Thus, City Council approval is required for the reduction in and/or waiver of the standard leasing rates.

FINANCIAL IMPACT
Unless the Council decides to waive the minimum lease rental rate requirements of Policy

4.17(A)(1) of the City Leasing Policy, the estimated fiscal impact of this proposed action Staff Report – Resolution Authorizing Lease
920 North Alameda Street - Angels for Sight
1,224 Indoor Sq. Ft. / 2,216 Outdoor Sq. Ft.

June 18, 2024, Page 3
will be a net gain to the General Fund of a base monthly lease rental rate of Two Thousand Three Hundred Thirty-Two Dollars ($2,332.00) per month for the term of the lease for an annual amount of Twenty-Seven Dollars and Nine Hundred Eight Four and Zero Cents ($27,984.00).

ALTERNATIVE
The Council has discretion to choose among a number of options:

1. Authorize the City Manager to enter into a lease agreement with Angels for Sight for the 5-year term requested (or offer a lesser term) as follows:
a. For the minimally recommended City policy rates (i.e. $1.00 per square foot for indoor space and $0.50 for outdoor space) of $2,332.00 per month. b. For some other monthly rental rate.

2.Deny the request to enter into a lease agreement for this location by Angels for Sight.

RECOMMENDATION
Staff recommends a reduction in rate for two (2) years of the agreement and adherence to the current Standard Operating Manual, Policy 4.17(A), for the remaining three (3) years of the agreement. However, the decision to increase lease rental amounts and/or waive other requirements of the City’s Leasing Policy is at the discretion of the City Council.

NEBRASKA JONES, DIRECTOR

GENERAL SERVICES DEPARTMENT
APPROVED FOR FORWARDING:

WILLIE A. HOPKINS, JR.

CITY MANAGER
RESOLUTION NO. ___________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIVE (5) YEAR

LEASE AGREEMENT WITH ANGELS FOR SIGHT FOR THE LEASE OF
CITY-OWNED PROPERTY LOCATED AT 920 NORTH ALAMEDA STREET WHEREAS, the City of Compton owns certain real property located at 920 North Alameda Street, Compton, California 90221; and
WHEREAS, pursuant to guidance of the City Council, in November 2012, the City Manager implemented a City-wide leasing policy [Standard Operating Manual, Policy

4.17(A)], which mandates that City-owned facilities and/or property shall not be leased without first obtaining proper authorization from the City Council (i.e. an adopted resolution) and execution of a written lease agreement; and WHEREAS, the Policy specifies that lease rates shall be based on the square footage of the area(s) subject to the exclusive use/occupation of the Lessee and that the standard leasing rate for a City-owned facility shall be at least One Dollar ($1.00) per square foot for indoor space and Fifty Cents ($0.50) per square foot for outdoor or vacant property; and
WHEREAS, in addition to this required minimum base rental rate, the leasing policy addresses recovery of the costs incurred by the City for the provision of the following services: utilities (e.g. gas, electricity, water, trash, etc.), routine maintenance and minor repairs, custodial services and City security. However, the leasing policy does provide that a Tenant that will have exclusive use/occupation of the entire City facility and/or property shall be solely responsible for all utilities, janitorial, security, and minor and routine interior and exterior maintenance of the facility or property; and WHEREAS, Angels for Sight, a non-profit organization, seeks City Council approval to enter into a five (5) year lease agreement with the City, beginning July 1, 2024, through June 30, 2029, for exclusive occupation of the entire property located at 920 North Alameda Street, Compton, California 90221 for the purpose of administrative offices and support services for their organization; and Exclusive Indoor Square Footage 1,224 square feet
Exclusive Outdoor Square Footage 2,216 square feet
Total Exclusive Square Footage 3,440 square feet
WHEREAS, Angels wishes to provide approximately $62,462.50 in tenant improvements and request a reduction in the lease rental rate to One Dollar ($1.00) per year; management does not oppose this proposal, provided that tenant improvements are concluded within the first six (6) months of the agreement; and WHEREAS, Angels request that the Council authorize leasing rental rate provisions different than required by the City’s Leasing Policy; more specifically, a lesser rental amount of One Dollar ($1.00) per year for the term of the lease agreement, the decision to increase lease rental amounts and/or waive other requirements of the City’s Leasing Policy is at the discretion of the City Council; and WHEREAS, the City Council has the discretion of authorizing a lease agreement with Angels for Sight and choose among a number of options:

1.Authorize the City Manager to enter into a lease agreement with the Angels for Sight for the five (5) year term requested (or offer a lesser term) as follows:
a. For the minimally recommended City policy rates (i.e. $1.00 per square foot for indoor space and $0.50 per square foot for outdoor space) of $2,332.00 per month for the total exclusive location.

Resolution No. _______

Page 2 ends

Total cost - Two Thousand Three Hundred Thirty-Two Dollars ($2,332.00) per month, or Twenty-Seven Dollars and Nine Hundred Eight Four and Zero Cents ($27,984.00) per year.
b. For some other monthly rental rate.
______________ per month, or _____________ per year.

2.Deny the request to enter into a lease agreement for this location by the Coalition for Humane Immigrant Rights.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. That the City Manager, upon the approval of the City Attorney, is authorized to enter into a five (5) year lease agreement, effective July 1, 2024, through June 30, 2029, with Angels for Sight for the exclusive use of approximately 3,440 square feet of space within the City-owned building located at 920 North Alameda Street, Compton, California 90221 for purposes of administrative offices and support services.

Section 2.That Angels for Sight shall be responsible for all utilities, janitorial, security, and minor and routine interior and exterior maintenance of the facility or property, and the rental rate for the five (5) year term of the lease agreement shall be:
a. For the minimally recommended City policy rates (i.e. $1.00 per square foot for indoor space and $0.50 per outdoor space) of $2,332.00 per month for the total exclusive location.

Section 3.That a certified copy of this Resolution shall be filed in the offices of the City Manager (City Security), City Clerk, City Controller, General Services and the City Attorney.

Section 4.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.

ADOPTED this ______ day of ___________, 2024.
________________________________

MAYOR OF THE CITY OF COMPTON
ATTEST:
____________________________________

CITY CLERK OF THE CITY OF COMPTON
Resolution No. _______

Page 3 ends

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss

That said Resolution was adopted by the following vote, to wit:

AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
____________________________________

CITY CLERK OF THE CITY OF COMPTON

LEASE AGREEMENT BETWEEN

CITY OF COMPTON
AND

ANGELS FOR SIGHT
This LEASE AGREEMENT is entered into by and between the CITY OF COMPTON, a municipal corporation of the State of California (hereinafter referred to as “OWNER”) and ANGELS FOR SIGHT (hereinafter referred to as “LESSEE”), collectively, the “Parties.”
RECITALS:

WHEREAS, the City of Compton (“Owner”), has under its jurisdiction certain real property located at 920 North Alameda Street, Compton, California 90221; and
WHEREAS, on_________ the City Council adopted Resolution No. ______, which authorized the City Manager to enter into a lease agreement with the ANGELS FOR SIGHT (“Lessee”) for a period of Five (5) years, commencing July 1, 2024, through June 31, 2029; and
NOW, THEREFORE, Owner and Lessee, for the consideration, terms and conditions herein described, mutually agree as follows:

WITNESSETH:

Section 1. Premises. The Owner, for and in consideration of the performance of the covenants and agreements hereinafter contained to be kept and performed by the Lessee and upon the following terms and conditions, hereby leases to the Lessee, and the Lessee hereby hires and takes of and from the Owner, those certain Premises situated in the City of Compton, County of Los Angeles, State of California, more particularly described as:

Compton Facility
920 North Alameda Street
Compton, California 90221
[The “Site”]
Lessee shall lease approximately 1,224 square feet of indoor office space and 2,216 of outdoor space at the location.

Total Exclusive Square Footage 3,440 square feet
Lease Agreement – Compton CareerLink Facility
920 North Alameda Street
July 1, 2024 – June 30, 2029 / Resolution No. ****
2 [The “Premises”]
The Premises are leased in "AS IS" condition and Lessee acknowledges that it has inspected and accepts the Premises in their present condition as suitable for the purpose for which the Premises are leased. Taking of possession by Lessee shall be conclusive to establish that the Premises are in good and satisfactory condition when possession is taken. Owner makes no warranties or representation as to the suitability of the Premises for Lessee's intended use, including without limitation, as to zoning, visibility, traffic count or any other factors.

Section 2. Term. This Lease shall be for a term of Five (5) years, commencing June 1, 2024, and shall terminate on May 31, 2029, unless extended or terminated as otherwise provided herein. This Lease shall supersede any previous Leases and/or agreements, written or oral.

Section 3. Rent.During the Lease term, the Lessee shall pay to Owner as rent for said Premises hereof the total sum of Two Thousand Three Hundred Thirty-Two Dollars ($2,332.00) per month, based on a rental rate of $1.00 per square foot for indoor space and $0.50 for outdoor space for exclusive use of the space. Lease payments shall be due in advance on the first day of each and every month of the term hereof. Any lease payment not received by the Owner by the tenth (10th) day of the month will be deemed late, and a late fee (penalty) in the amount of Five Percent (5%) will be charged.

Section 3. Rent.Owner agrees to reduce the rent to One Dollar and Zero Cents ($1.00) per year for the Lessee for a period of two (2) years, commencing July 1, 2024, and concluding on June 30, 2026. In consideration of this rent waiver, the Lessee agrees to complete tenant improvements to the facility within six (6) months.

All repairs must be completed to a professional standard and in compliance with all applicable laws, regulations, and building codes. The lessee agrees to complete the repairs by January 1, 2025. Upon completion, the Lessee shall notify the Owner, who will inspect the completed work. The rent waiver is contingent upon the tenant improvement quote of $62,462.50.

Exhibit A: Tenant Improvement Quote - $62,462.50
In the event that the Lessee fails to complete the repairs by the agreed completion date or if the repairs are not performed to a satisfactory standard, the rent waiver will be void, and the Lessee will be responsible for paying the full rent for the waived period retroactively. Additionally, the Owner may pursue other remedies available under this Lease or Law.

Lease Agreement – Compton CareerLink Facility
920 North Alameda Street
July 1, 2024 – June 30, 2029 / Resolution No. ****
3 On July 1, 2026, Lessee shall begin paying to Owner as rent for said Premises hereof the total sum of Two Thousand Three Hundred Thirty-Two Dollars ($2,332.00) per month, based on a rental rate of $1.00 per square foot for indoor space and $0.50 for outdoor space for exclusive use of the space. Lease payments shall be due in advance on the first day of each and every month of the term hereof. Any lease payment not received by the Owner by the tenth (10th) day of the month will be deemed late, and a late fee (penalty) in the amount of Five Percent (5%) will be charged.

Payments shall be remitted to: General Services Department 205 South Willowbrook Avenue
Compton, California 90220
Attn: Director
Payable to: City of Compton
[Please identify your Lease Site on the payment]
[Lease Site: 920 North Alameda Street]
Section 4. Use of Premises. Lessee is entitled to use the Premises during normal building business days/hours (Mondays through Fridays, 7:00 a.m. to 6:00 p.m.), for the following purpose(s) only:

Administrative Offices and Support Services
Lessee shall not use the Premises for any other purposes without the prior written consent of the Owner. Lessee shall not use the Premises for residential purposes or for any commercial purposes not stated herein. Lessee shall not use the Premises for the storage of unusable equipment or property or for the rental or storage of any type of equipment not integral to the purposes of the program.

Section 5. Delivery of Premises. If Owner, for any reason, cannot deliver the Premises described above to Lessee at the commencement of the term hereof, Owner shall not be deemed to be in default hereunder, nor shall Owner be liable to Lessee for any loss or damage resulting directly or indirectly arising out of or resulting from such failure and Lessee at Lessee’s option, may declare this Agreement to be null and void.

Section 6. Utilities and Other Services. Unless otherwise agreed by Owner in writing, Lessee shall, at its sole cost and expense, make arrangements for and pay for all utilities used by Lessee at or upon the Premises, including but not limited to electric, gas, water, sewer, trash disposal and any other utility charges in connection with the Lessee’s use of the leased Premises and security. Prior Lease Agreement – Compton CareerLink Facility
920 North Alameda Street
July 1, 2024 – June 30, 2029 / Resolution No. ****
4 written approval shall be required for the installation of any utility and/or service that will involve physical alteration of the Premises. Lessee shall reimburse Owner for the cost of repairing any and all damages to the Premises caused directly or indirectly by Lessee’s utility or service provider, or its equipment.

Owner shall in no way be liable or responsible for any loss, damage or expense that Lessee may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the utilities and services supplied to Premises and/or Site, unless directly caused by the active negligence or willful misconduct of the Owner.

Section 7. Assignment and Subletting. Lessee agrees not to sublet the whole or part of the Premises, assign the Lease nor permit the use of the Premises by anyone other than the Lessee, its employees, business invitees, customers and patrons without in each case first securing the written consent of the Owner. Any attempted assignment or subletting of this Lease without the written consent of the Owner constitutes fraud and this Agreement shall be null and void.

Section 8. Alterations and Additions. Lessee shall not make any alterations or construct any additions or improvements in or on the Site and/or the Premises until the Owner has been provided with said plans and specifications for the project. Once the Owner has been provided with said plans and specifications, Owner shall have a fifteen (15) day minimum review period before granting Lessee approval or disapproval of the project in writing. Lessee shall, at the time of the request, specify if they desire to retain ownership and/or possession of the alteration, addition, or improvement subject to plan review by Owner at Lessee’s expense.

Owner agrees that except for structural alterations, the Lessee may remove, during or at the expiration or other termination of the term of this Lease, or of any extension or holdover period thereof, as the case may be, personal property placed or installed in or upon the Site and/or the Premises by the Lessee or under its authority. Any personal property, improvements or additions not removed by Lessee within thirty (30) days after the end of the term, or any extension or holdover period thereof, shall automatically become the property of Owner.

Lessee shall repair any damage to the Site and/or the Premises caused by Lessee’s installation and/or removal of its personal property, alterations, improvements or additions.

Lessee shall, at its sole cost and expense, be allowed to place its typical signage on the Building on the Site upon the Owner's advance written approval.

Lease Agreement – Compton CareerLink Facility
920 North Alameda Street
July 1, 2024 – June 30, 2029 / Resolution No. ****
5 Section 9. Repairs and Maintenance. Owner shall not be responsible to make any repairs or alterations to the Premises, and Lessee assumes any and all cost and liability for the repair and maintenance of the Premises leased herein, unless such repairs, alterations or maintenance are due to Owner’s negligence or willful misconduct. Lessee agrees to repair any damage caused by Lessee, its employees, contractors, agents or invitees, negligently or otherwise, at its own expense, and maintain the Premises leased and to return said Premises to Owner in as good order, repair and condition as the same were in at the commencement of this Lease. Lessee must obtain prior written approval from the Owner prior to commencing any repairs to the leased Premises.

Lessee shall continue to maintain said Premises in good repair and tenable condition and in compliance with all health, safety and sanitation laws, ordinances and regulations of the State of California and local authorities throughout the term of the Lease.

Lessee agrees to keep Premises in good order and condition at their sole cost and expense. Lessee shall be responsible for the general maintenance and upkeep, custodial, janitorial, landscaping installation and maintenance, security, non-structural repair, and all other non-structural upkeep of the Premises that it occupies. All work done by Lessee on the Premises shall be done in a lawful manner and in conformity with all applicable laws, ordinances and regulations The Premises shall be kept free from any and all liens and charges on account of labor or materials used in contribution to any work thereon.

Unless otherwise required by law or expressly provided for within this Lease Agreement, Owner shall have no liability to Lessee for any condition on the Premises leased herein and Lessee agrees that it has inspected the same, knows the condition and takes this Lease with the Premises in its present condition. Lessee agrees to hold the Owner harmless from any and all liability arising out of or in connection with the use for the Premises leased here by the Lessee, its agents, employees business invitees, customers and patrons, except to the extent any such liability is attributable to Owner’s negligence or willful misconduct.

Section 10. Insurance. Lessee shall furnish certificates of insurance, along with endorsements, issued to Owner substantiating the fact that it has taken out the specified insurance for the term covered by this Lease, or any extension or holdover period thereof, with an insurance carrier acceptable to the Owner under forms satisfactory to the Owner. Each certificate shall bear an endorsement precluding cancellation or reduction in coverage of any policy covered by such certificate except upon at least thirty (30) days prior written notice to Owner. It is agreed that Owner shall not be liable for the payment of any premiums or assessments on the insurance required.

Lease Agreement – Compton CareerLink Facility
920 North Alameda Street
July 1, 2024 – June 30, 2029 / Resolution No. ****
6 Lessee shall present evidence of required insurance and certificate of endorsement to Owner no later than the commencement date of this Lease and each and every lease year thereafter. The Lessee shall not occupy the Premises until the Owner has received and approved the required certification. Failure on the part of the Lessee to procure or maintain insurance shall constitute a material breach upon which the Owner may immediately terminate this Lease Agreement.

All insurance required hereunder shall be primary with respect to any insurance maintained by the City and shall not call on the City’s program for contributions. Program(s) of insurance shall include:
a.General Liability.Lessee shall provide and maintain at its own expense during the term of this Lease Agreement a policy of Commercial General Liability Insurance, inclusive of personal injury liability and broad form property damage coverage, in an amount not less than One Million Dollars ($1,000,000) per occurrence. The coverage shall be written on an occurrence basis. Claims made coverage is not acceptable.
b.Workers’ Compensation Insurance.Lessee shall provide and maintain at its own expense during the term of this Agreement a program of Workers’ Compensation Insurance and Employer’s Liability Insurance in an amount and form to meet all applicable requirements of the State Labor Code and which specifically covers all persons providing services by or on behalf of the Lessee and all risks to such persons under the Agreement. c.Fire and Casualty Insurance.Lessee shall maintain fire insurance on such party’s own equipment and property or to adequately self-insure the same.

Lessee shall provide, or cause to be provided, and maintained at its sole cost property insurance in the amount of the value of the improvements on the Premises on a replacement cost basis. The property insurance shall insure against the perils of fire (with extended coverage), theft, vandalism, malicious mischief, collapse, flood, earthquake, windstorm and physical loss or damage.

Owner will not keep improvements which are constructed or installed and owned by Lessee under the provisions of this Lease insured against fire or casualty, and Lessee will make no claim of any nature against Owner by reason of any damage to the business or property of Lessee in the event of damage or destruction by fire or other cause, arising other than from or out of negligence or willful misconduct of agents or employees of the Owner in the course of their employment.
d.Insurance Endorsements.The liability insurance policy(ies) shall be endorsed with the following language:
(1) The City of Compton and its respective elected and
appointed officers, officials, employees, agents and volunteers are to be named Lease Agreement – Compton CareerLink Facility
920 North Alameda Street
July 1, 2024 – June 30, 2029 / Resolution No. ****
7 and covered as “additional insureds” with respect to liability arising out of the activities of the Lessee.
(2) The insurer waives all rights of subrogation against the City. (3) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City.
(4) Identify the leased Premises covered by the policy(ies) and the identity of the insured(s).
e.Contractor’s Insurance Requirements. Lessee shall require that any contractors and subcontractors used to perform improvements/repairs to the building structure and Premises as provided in Sections 8 and 9 of this Lease Agreement to provide and maintain during the entire period of performing improvements/repairs the following programs of insurance:
(1) A policy of Commercial General Liability Insurance, inclusive of personal injury liability and broad form property damage coverage, in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) general aggregate. The coverage shall be written on an occurrence basis. Claims made coverage is not acceptable. (2) A program of Workers’ Compensation Insurance and Employer’s Liability Insurance in an amount and form to meet all applicable requirements of the State Labor Code and which specifically covers all persons providing services by or on behalf of the contractor and all risks to such persons. (3) A program of Automobile Liability Insurance with a limit of liability of not less than One Million Dollars ($1,000,000.00) for each accident. Such insurance shall include coverage for all “owned”, “hired” and “non-owned” vehicles, or coverage for “any auto”.
(4) The Contractor(s) liability insurance policy(ies) shall be endorsed with the following language: The City and its respective elected and appointed officers, officials, employees, agents and volunteers are to be named and covered as “additional insureds” with respect to liability arising out of the activities of the contractor.

Insurance coverage specified herein constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of the Lessee and/or its contractors and subcontractors under the terms of the Lease Agreement. Lessee shall procure and maintain, at its own costs and expense, any additional kinds and amounts of insurance that, in its own judgment, may be necessary relating to Lessee’s use of the Premises and improvement/repairs made to the Premises.

Lease Agreement – Compton CareerLink Facility
920 North Alameda Street
July 1, 2024 – June 30, 2029 / Resolution No. ****
8 Section 11. Losses.Owner shall not be responsible for losses or damage to personal property, equipment or materials of Lessee. Owner will not keep improvements which are constructed or installed and owned by Lessee under the provisions of this Lease insured against fire or casualty, and Lessee will make no claim of any nature against Owner by reason of any damage to the business or property of Lessee in the event of damage or destruction by fire or other cause, arising other than from or out of the gross negligence or willful misconduct of agents or employees of the Owner in the course of their employment.

Section 12. Damage or Destruction.
a. Termination of Lease. If the entire Premises or any material portion thereof are damaged or destroyed by earthquake or other violent action of the elements, or by fire or other casualty such that it is difficult or impossible for Lessee to continue operating its business thereon, then either Owner or Lessee may cancel this Lease as of the date of damage or destruction by delivering written notice to the other within thirty (30) days following the damage or destruction. If the Lease is cancelled, Lessee shall surrender the Premises and shall not be obligated for any further rental payment and Owner shall refund any unearned rent paid in advance by Lessee, calculated at a daily rate based on the regular monthly rental.

Repair of Premises. In the event of any lesser damage by casualty (other than that caused by or do the actions/inactions of the Lessee), Owner shall, at Owner's cost and expense, promptly repair the same to the extent Owner's insurance proceeds are made available to Owner therefor and provided that (a) such repairs, in Owner's reasonable good faith opinion, can be commenced within thirty (30) days of the event which necessitated the repair and restoration, unless it is not reasonably possible to commence repair and restoration within thirty (30) days from the date of such damage or destruction (without payment of overtime or other premiums) and (b) the cost of such repairs, in Owner's reasonable good faith opinion, will not exceed 50% of the then replacement cost of the Site. If Owner is not required to repair such damage or destruction, then Owner shall, within 30 days from the date of such damage or destruction, either (i) notify Lessee in writing of Owner's election to repair such damage or destruction, in which event Owner shall promptly repair the same, or (ii) notify Lessee in writing of Owner's election to immediately terminate this Lease, in which event this Lease is terminated effective as of the date of such damage or destruction. Lessee may terminate this Lease effective as of the date of any such damage or destruction if Lessee reasonably determines in its good faith opinion that such damage or destruction substantially impairs the satisfactory operation of the Lessee's operations by notifying Owner in writing of Lessee's election to terminate not later than 30 days after the date of such damage or destruction.

Lease Agreement – Compton CareerLink Facility
920 North Alameda Street
July 1, 2024 – June 30, 2029 / Resolution No. ****
9 Loss Caused by Lessee. If the Premises are wholly or partially damaged or destroyed as a result of the gross negligence or willful misconduct or omission of Lessee, Lessee shall forthwith diligently undertake to repair or restore all such damage destruction at Lessee's sole cost and expense. This Lease shall continue in full force and effect without any abatement or reduction in rent or other payments owed by Lessee, and this obligation of Lessee to repair or restore the Premises shall survive the cancellation of this Lease.

Exclusive Remedy. This Section 12 shall be Lessee's sole and exclusive remedy in the event of damage or destruction of the Premises, and Lessee waives and releases Lessee's rights under California Civil Code Section 1932 and 1933(4).

No damages, compensation or claim shall be payable by Owner for any inconvenience, any interruption or cessation of Lessee's business, or any annoyance, arising from any damage or destruction of all or any portion of the Premises.

Section 13. Hazard Materials.Lessee shall not use any Hazardous Materials in/or on Site or the Premises, except as necessary in the ordinary course of business and in full compliance with all Environmental Laws. Lessee will promptly notify Owner of any release or presence of any Hazardous Material in/on the Premises of which Lessee becomes aware.
a. Remediation. If Hazardous Materials are released at the Site and/or Premises by Lessee, its agents, employees, or contractors, then Lessee is solely responsible for the removal and/or remediation of any Hazardous Materials to the extent required by governmental authorities in compliance with applicable Environmental Laws.
b. Indemnification. Lessee shall indemnify and hold Owner harmless from and against any and all claims, actions, suits, proceedings, loss, liabilities, damages, fines, costs, or expense (including reasonable attorneys’ fees, consultants’ fees, investigation and laboratory fees, court costs, and litigation expenses), which arise from the presence of Hazardous Materials at the Site and/or Premises released by Lessee or its agents, employees, or contractors.

Section 14. Default. Lessee shall pay said rent to the Owner without deduction, default or delay. In the event of the failure of Lessee to do so, or in the event of a breach of any other terms, covenants or conditions herein contained on the part of Lessee to be kept and performed and if such default continues for a period of thirty (30) days after receipt of written notice from Owner to Lessee of such default, this Lease may be terminated. Owner may not terminate the Lease if (a) Lessee cures the default within the thirty (30) day period after notice of default is given, or (b) the default cannot reasonably be cured within thirty (30) days after notice of default is given, but Lessee reasonably commences to cure the default within the thirty (30) day period and diligently and in good faith continues to cure Lease Agreement – Compton CareerLink Facility
920 North Alameda Street
July 1, 2024 – June 30, 2029 / Resolution No. ****
10 the default. In the event of termination of this Lease, it shall be lawful for Owner to reenter into and upon the Premises and every part thereof and to remove and store at Lessee’s expense all property therefrom and to repossess and occupy the Premises. In addition thereto, Owner shall have such other rights or remedies as may be provided for by law.

Section 15. Holding Over. In case Lessee holds over beyond the term herein provided with the consent, express or implied, of the Owner, such tenancy shall be from month-to-month only, subject to the same terms and conditions of this Lease, but shall not be a renewal hereof. Such month-to-month tenancy shall be terminable on thirty (30) days written notice by either party to the other party.

Section 16. Cancellation Provision.Notwithstanding any other provisions contained herein, either party shall have the right to cancel this Lease, without cause, at anytime, upon thirty (30) days prior written notice to the other party.

Section 17. Owner’s Access. Lessee agrees to permit the Owner or Owner’s authorized agents, upon reasonable advance notice, free access to the Premises at all reasonable times for the purpose of inspection of the Premises or for making necessary alterations, improvements or major repairs.

Section 18. Discrimination. The Lessee herein covenants by and for itself, its heirs, executors, administrator, and assigns, and all persons claiming under or through it that this Lease is made, accepted and subject to the following conditions:

That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, the leasing, subleasing, transferring, use, occupancy, tenure, enjoyment of the Premises herein leased nor shall the Lessee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with referenced to the selection, location, number, use of occupancy, of Lessees or vendees in the Premises herein leased.

Section 19. Indemnification. Lessee shall indemnify and save harmless the Owner, its officials, officers, employees, agents and volunteers (collectively hereafter the “Owner”), against any and all damages to property or injuries to or death of any person or persons, and shall defend, indemnify and save the Owner from any and all liability and expense, including reasonable defense costs and legal fees, and claims, demands, suits, actions or proceedings of any kind or nature, including Workers’ Compensation claims, of or by anyone whomsoever in any way resulting from or arising out of Lessee’s, its employees, contractors, agents or invitees negligent or intentional acts in or on the Premises, or from conduct of Lessee, its employees, contractors, agents or invitees practice or business from any activity, work or things done.

Lease Agreement – Compton CareerLink Facility
920 North Alameda Street
July 1, 2024 – June 30, 2029 / Resolution No. ****
11 This indemnification and hold harmless obligation does not extend to claims arising out of the sole negligence or willful misconduct of the Owner.

Section 20. Partnership Disclaimer.Lessee and any and all agents of Lessee shall act in an independent capacity and not as officers or employees of the Owner. Nothing herein contained shall be construed as constituting the parties herein as partners.

Section 21. Vacating Premises. Lessee shall, on the last day of said term or sooner termination of this Lease, peaceably and quietly leave, surrender and yield up to the Owner, the Premises in good order, condition and repair, reasonable use and wear thereof and damage by acts of nature, excepted.

Section 22. Compliance with Laws.Lessee shall at its sole cost and expense, comply with all the laws and requirements of all municipal, county, state and federal authorities now in force, or which may hereafter be in force pertaining to the Premises and use of the Premises as provided by this Lease.

Section 23. Easements and Right of Way.This Lease is subject to all existing easements and right of way. Owner further reserves the right to grant additional public utility easements as may be necessary and Lessee hereby consents to the granting of any such easements. The public utility will be required to reimburse Lessee for any damages suffered by Lessee caused by the construction work on the easement area.

Section 24. Parking Access.Unless specifically provided herein, if off-street parking is provided at the Site of the Premises, Lessee, its employees and invitees may have equal access to non-restricted/non-reserved parking spaces provided to all Lessees on a first-come, first-served basis.

Section 25. Relocation.Lessee acknowledges that Lessee, its employees, contractors, subordinates and assigns are not entitled to any Relocation Payment or Relocation Advisory Assistance due to their occupancy of the Premises.

Section 26. Failure to Perform.In the event of the failure, neglect or refusal of Lessee to do, or perform work, or any part thereof, of any act or thing in this Lease provided to be done and performed by Lessee, Owner shall, at its option, have the right to do and perform the same, and Lessee hereby covenants and agrees to pay Owner the costs thereof on demand.

Section 27. Binding on Successors.Each and all of the terms and agreements herein contained shall be binding upon and shall inure to the benefit of the successors in interest of the Owner, and wherever the context permits or requires the successors in interest to the Lessee.

Lease Agreement – Compton CareerLink Facility
920 North Alameda Street
July 1, 2024 – June 30, 2029 / Resolution No. ****
12 Section 28. Amendments. This Lease Agreement may be modified or amended only be written document executed by both Lessee and Owner’s City Manager and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the parties to amend the terms and conditions of this Lease Agreement.

Section 29. Waivers.A waiver by either party to this Agreement of any breach of any terms, covenants or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.

Section 30. Governing Law and Severability.This Agreement shall be governed by and construed under the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles.

Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the parties.

Section 31. Notices. All notices, demands or requests to be given under this Lease Agreement shall be given in writing and conclusively shall be deemed received when: (a) delivered personally, or (b) on the fifth (5th) business day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided, or (c) one business day after send by facsimile transmission.

To OWNER: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: Director, General Services Department
(310) 605-5519
With copy to: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: City Manager
Lease Agreement – Compton CareerLink Facility
920 North Alameda Street
July 1, 2024 – June 30, 2029 / Resolution No. ****
13 To LESSEE: Angels for Sight
2129 Long Beach Boulevard
Long Beach, California 90806
Attn: Lambert Adouki, Interim Director
(562) 810-2837
(310) 537-2100 – fax.

Section 32. Entire Agreement. This Lease and any exhibits or attachments hereto and incorporated herein constitute the entire agreement of Owner and Lessee. There are no agreements, terms, conditions or obligations other than those set forth herein.

This Lease shall supersede all previous communications, representations or agreements, either verbal or written between Owner and Lessee. This agreement may be modified only by written agreement signed by both Owner and Lessee.

IN WITNESS WHEREOF, Lessee has executed this Lease and the Owner, by its City Manager, who is authorized to do so, has executed this Lease.

ANGELS FOR SIGHT
LESSEE
By __________________________________ Dated: ______________ Lambert Adouki, Interim Director

CITY OF COMPTON/OWNER
Recommended for Approval:

By __________________________________ Dated: ______________ Nebraska Jones, Director
General Services Department
Lease Agreement – Compton CareerLink Facility
920 North Alameda Street
July 1, 2024 – June 30, 2029 / Resolution No. ****
14 Approved by:

By __________________________________ Dated: ______________ Willie A. Hopkins, Jr., City Manager
Approved as to form:

By _________________________________ Dated: ______________ Eric J. Perrodin, City Attorney
ATTEST:

Dated: _________________ By _____________________________ Vernell McDaniel, City Clerk
1215 N. Red Gum Suite L • Anaheim, CA 92806 • Phone: 714-858-0656 Angels for Sight
Phone: 562-810-2837
Proposal for Angels for Sight - Compton
Prepared by: [email protected]
This bid submittal includes all labor, materials, equipment and site supervision required to install as specified for the above referenced project.

D3 Development Group is a licensed and insured contractor in the state of California.

D3 Development Group carries the following classifications for all your construction needs.

Lic # 1050432

B GENERAL BUILDING CONTRACTOR
C10 ELECTRICAL
C15 FLOORING
EPA LEAD-SAFE CERTIFIED - NAT-F222049-1
Exterior
2129 Long Beach Blvd
Long Beach, CA 90806
Job Address:
920 N Alameda St
Compton, CA 90221
Print Date: 9-13-2023
Items Description Price
Install - Lighting Remove (4) existing exterior lights and replace with new LED flood lights Install (2) new LED flood lights at front of building
$1,575.00
Demo - Labor Remove tiles at front of building at right and left side of entry door Patch as necessary
$2,250.00
Exterior Walls - Stucco Repair existing stucco at front of builing around front door New stucco at front of building where tile was removed to match existing $3,375.00
Exterior Walls - Paint Paint stucco and block at front and left side of building enterance Excludes painting over mural at right and back side of building $3,750.00
Paint - Commercial Pressure wash concrete entrance at front of building Paint approx. 60 sf of concrete entrance with Porch and Floor Paint Color tbd
$525.00
Interior
Items Description Price
6600 - Landscaping Remove bush at front of building
Haul away
Trim trees throughout property; property line only
Haul away
$11,050.00
6600 - Landscaping Add black wood mulch at front of building; approx. 200 sf $300.00 Signage Remove existing sign and address at front of building Supply and install new 'Angels for Sight' sign
Price for sign and installation not to exceed $1500
$2,550.00
Add Alternate **Add Alternate**
Parking Lot Repair
$0.00
Doors and Hardware Remove existing front entry door
Haul away
Supply and install new entry door
72 in. x 80 in. Classic Left-Hand Inswing 6-Panel Painted Fiberglass Smooth Prehung Front Door with Brickmould
Includes hardware and paint
$8,250.00
Exterior Total: $,.
Items Description Price
-Paint Walls/Ceilings Paint interior walls and ceiling; excludes 'hand print' wall Dunn Edwards Suprema
Color tbd
$8,250.00
Paint Doors/Trim Patch and paint (8) interior doors $3,600.00 Demo - Trash/Haulaway Remove trim at back "kitchen" door; replace molding Remove (2) pantry cabinets and 10'6" of upper cabinets
$825.00
Cabinetry Supply and install (3) Prepac
Elite 32 in. Wood Laminate Cabinet in White
Supply and install (1) Prepac Wood Freestanding Garage Cabinet in White (32 in. W x 65 in. H x 16 in. D)
Supply and install (2) Prepac Wood Freestanding Garage Cabinet in White (32 in. W x 65 in. H x 16 in. D) in exam room #1
Install (1) SystemBuild
Lonn 23.7 in. x 75 in. x 15.39 in. 5 Shelves Freestanding Utility Storage Cabinet in White at area by water heater
$2,775.00
Paint & Supplies Safe off countertop and paint (2) areas of lower cabinet $750.00 Misc. - Materials Remove existing wall shelving in exam room #2 Patch wall as necessary
Install (1) Prepac Composite Wall Mounted Garage Cabinet in White (32 in. W x 30 in. H x 12 in. D) $262.50
Lighting - 6" LED Can LightChange (26) existing can lights to 6" remodel LED can lights $7,800.00 Bathroom - Toilet Remove toilet in mens and womens restroom Haul away
Install (2) new toilets; includes new shut off valves
Price for toilet not to exceed $250 each
$1,350.00
Unassigned

TERMS AND CONDITIONS

1. Owner’s Responsibilities: Owner is responsible to supply water, gas, sewer, and electrical utilities unless otherwise agree to in writing.

Electricity and water to the site is necessary. Owner agrees to allow and provide Contractor and his equipment access to the property. Unless specifically included the owner is responsible for moving Owner's property around the installation site. The owner is responsible for having sufficient funds to comply with this agreement.

2. Delays: Contractor agrees to start and diligently pursue work through to completion, but shall not be responsible for delays for any of the following reasons: acts of neglect or commission of Owner or Owner’s employees or Owner’s agent, acts of God, stormy or inclement weather, strikes, lockouts, boycotts or other labor union activities, extra work ordered by Owner, acts of public enemy, riots or civil commotion, inability to secure material through regular recognized channels, imposition of Government priority or allocation of materials, failure of Owner to make payments when due, or delays caused by inspect or changes ordered by inspectors of authorized Government bodies, or for acts of indented Contractors, or other causes beyond Contractor’s reasonable control.

3. Plans and Specifications: If plans and specifications are prepared for this job, they shall be attached to and become a part of the agreement. Owner will pay assessments and charges required by public bodies and utilities for financing or repairing the cost of sewers, storm drains, water service, other utilities, water hook-up charges and the like.

4. Price Increase in Materials: Material prices are subject to change if pricing increases by more than 15% during the duration of the job. _____________________ Owners Initials

5. Subcontracts: The Contractor may subcontract portions of this work to properly licensed and qualified subcontractors.

Items Description Price
Bathroom - Vent Fan Remove existing exhaust fans in mens and womens restroom Haul away
Supply and install (2) new exhaust fans
Price not to exceed $150 each
$900.00
Bathroom - Drywall Repair drywall in mens restroom
Replace tile base cove with owner supplied tile
$525.00
Kitchen - Sink Remove existing kitchen sink
Haul away
Adjust plumbing to move new sink to corner of room
Includes Glacier Bay All-in-One Stainless Steel 24 in Laundry Sink with Faucet and Storage Cabinet in White
$1,800.00
Interior Total: $,.
Items Description Price
Exclusions **EXCLUSIONS**
All items not specifically listed are not part of this proposal $0.00
Unassigned Total: $.
Total Price: $,.

6. Completion and Occupancy: Owner agrees to sign and record a notice of completion within five days after the project is complete and ready for occupancy. If the project passes final inspection by the public body, but Owner fails to record Notice of Completion, then Owner herby appoints Contractor as Owner’s agent to sign and record a Notice of Completion on behalf of Owner. This agency is irrevocable and is an agency coupled with an interest. In the event the Owner occupies the project or any part thereof before the Contractor has received all payments due under this contract, such occupancy shall continue full and unqualified acceptance of all the Contractor’s work by the Owner and the Owner agrees that such occupancy shall be a waiver of any and all claims against the Contractor, except claims arising from (a) liens, (b) disputes and unresolved matters between the Owner and Contractor arising out of or relating to the Contract, (c) failure of the Work to comply with the requirements of the Contract Documents, or (d) terms of special warranties required by the Contract Documents.

7. Insurance and Deposits: Owner will procure at his own expense and before the commencement of any work hereunder, fire insurance with course of construction, vandalism and malicious mischief clauses attached, such insurance to be a sum at least equal to the contract price with loss, if any, payable to any beneficiary under any deed of trust covering the project, such insurance to name the Contractor and his subcontractors as additional insured, and to protect Owner. Contractor and his subcontractors and construction lender as their interests may appear; should Owner fail to do so, Contractor may procure such insurance as agent for and at the expense of Owner, but is not required to do so. If the project is destroyed or damaged by disaster, accident, or calamity, such as fire, storm, earthquake, flood, landslide, or by theft or vandalism, any work done by the Contractor rebuilding or restoring the project shall be paid by the Owner as extra work. Contractor shall carry Worker’s Compensation Insurance for the protection of Contractor’s employees during the progress of the work. Owner shall obtain and pay for insurance against injury to his own employees and persons under Owner’s discretion and persons on the job site at Owner’s invitation.

Contractor will obtain and maintain a commercial general liability insurance policy in a form satisfactory to Owner. Contractor will name Owner as an additional insured on Contractor's commercial general liability insurance policy, if requested. Prior to commencement of the work, Contractor shall provide to Owner certificates and endorsements identifying Owner as an additional insured under the insurance policy identified in and required by this paragraph.

8. Right to Stop Work: Contractor shall have the right to stop work if any payment shall not be made, when due, to the Contractor under this agreement; Contractor may keep the Job idle until all payments due are received. Such failure to make payment, when due, is a material breach of this Agreement.

9. Clean Up: Contractor will remove from Owner’s property debris and surplus materials created by his operation and leave it in a neat and broom clean condition.

10. Validity and Damages: In case one or more of the provisions of this Agreement or any application thereof shall be invalid, unenforceable or illegal, the validity, enforceability and legality of the remaining provisions and any other applications shall not in any way be impaired thereby.

Any damages for which Contractor may be liable to Owner shall not, in any event, exceed the cash price of this contract.

11. Asbestos, Lead, Mold, and other Hazardous Materials: Owner hereby represents that Owner has no knowledge of the existence on or in any portion of the premises affected by the Project of any asbestos, lead paint, mold (including all types of microbial matter or microbiological contamination, mildew, or fungus), or other hazardous materials. Testing for the existence of mold and other hazardous materials shall only be performed as expressly stated in writing. Contractor shall not be testing or performing any work whatsoever in an area that is not identified in the Scope of Work. Unless the contract specifically calls for the removal, disturbance, or transportation of asbestos, polychlorinated biphenyl, mold, lead paint, or other hazardous substances or materials, the parties acknowledge that such work requires special procedures, precautions, and/or licenses. Therefore, unless the contract specifically calls for the same, if Contractor encounters such substances, Contractor shall immediately stop work and request the Owner to obtain a duly qualified asbestos and/or hazardous material contractor to perform the work or Contractor may perform the work itself at Contractor’s option. Said work will be treated as an extra under this contract, and the Contract Term setting forth the time of completion of the project may be delayed. In the event that mold or microbial contamination is removed by Contractor, Owner understands and agrees that due to the unpredictable characteristics of mold and microbial contamination, Contractor shall not be responsible for any recurring incidents of mold or microbial contamination appearing in the same or adjacent locations, after the completion of the work performed by Contractor. Owner agrees to hold Contractor harmless, and shall indemnify Contractor harmless for any recurrence of mold or microbial contamination. Owner also agrees that Contractor shall not be responsible, and agrees to hold Contractor harmless and indemnify Contractor, for the existence of mold or microbial contamination in any area that Contractor was not contracted to test and/or remediate. Further, Owner is hereby informed, and herby acknowledges, that most insurers expressly disclaim coverage for any actual or alleged damages arising from mold or microbial contamination. Contractor makes no representations whatsoever as to coverage of mold contamination, though at Owner’s additional expense, if requested in writing, Contractor will inquire as to the availability of additional coverage for such contamination or remediation, and if available, will obtain such coverage if the additional premium is paid for by the Owner as an extra.

12. Standards of Materials and Workmanship: Contractor shall use and install “standard grade” or “builder’s grade” materials on the project unless otherwise stated in the Scope of Work, the plans, and/or specifications provided to Contractor prior to the execution of this Agreement.

Unless expressly stated in the Scope of Work, Contractor shall have no liability or responsibility to restore or repair the whole or any part of the premises affected by the work of Contractor to be performed herein or by any subsequently agreed upon change order, including as and illustration and not as limitation, any landscaping, sprinkler system, flooring and carpet, wall coverings, paint, tile, and or decorator items.

13. Changes in Work: Should the Owner, construction leader, or any public body or inspector direct any modification or addition to the work covered by the contract, the contract price shall be adjusted accordingly. The change in the Contract Price caused by such Contract Change Order shall be as agreed to in writing, or if the parties are not in agreement as to the change in Contract Price, the Contractor’s actual cost of all labor, equipment, subcontracts, and materials plus Contractor’s fee of 20% shall be the change in Contract Price. The Contract Change Order may also increase the time within which the contract is to be completed. Contractor shall promptly notify the Owner of (a) subsurface or latent physical conditions at the site differing materially from those indicated in the contract, or (b) unknown physical conditions differing materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this contract. Any expense incurred due to such conditions shall be paid for by the Owner as added work. Project consultants or city officials shall be deemed as agents of the owner and as such any modifications or additions to the work required by the owner’s agents shall be compiled with any additional costs which shall be the responsibility of the owner.
13a: Note about Extra Work and Change Orders: Extra work and Change Orders become part of the contract once the order is prepared in writing and signed by the parties prior to the commencement of any work covered by the new change order. The order must describe the scope of the extra work or change, the cost to be added or subcontracted from the contract, and the effort the order will have on the schedule of progress payments. You, the buyer, may not require a contractor to perform extra or change order work without providing written authorization prior to the commencement of any work covered by the new change order. Extra work or a change order is not enforceable against a buyer unless the change order identifies all the following in writing prior to the commencement of any work covered by the new change order: (1) The scope of work encompassed by the order, (2) The amount to be added or subtracted from the contract; and (3) The effect the order will make in the progress payments or the completion date. The contractor’s failure to comply with the requirements of this paragraph does not preclude the recovery of compensation for work performed based upon legal or equitable remedies designed to prevent unjust enrichment.

14. Permits and Fees: Owner is advised that any and all permits relating to the work that D3 Development Group will be performing is the complete responsibility of the property owner or owner’s agent. All necessary inspection services, fees, and permits are the sole responsibility of the owner.

15. Attorney Fees: In the event that legal action is instituted in order to interpret or enforce any provision contained in the Contract, the prevailing party to such action shall be entitled, in addition to any other remedy available by applicable law or the Contract, to an award as and for any attorney fees, expert witness fees, or any other costs normally associated with such an action, in an amount that will compensate said prevailing party for any actual attorney fees, expert fees or other such costs incurred in good faith. Said award shall be entered separately or as a portion of the award of a judge in any such action.

16. Contractor License Requirements: Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a latent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O.

Box 26000, Sacramento, California 95826.

17. Photo Release Disclaimer: I hereby grant D3 Development Group permission to use my "Property" in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I understand and agree that all photos will become the property of D3 Development Group and will not be returned. I hereby irrevocably authorize D3 Development Group to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my "Property" appears.

Additional Construction Notes:

Due to the nature of the work (fluctuating material costs, supply chain outages and city/county permitting requirements), prices are subject to change.

Contract Exclusions:

Moving of owners items.

Providing traffic control services.

Permit costs and/or special inspectors which may be required by the issuing building department. Engineering drawings, surveying, utilities under and around the structure that may have to be removed or replaced, cosmetic finishes, and insurance premiums exceeding our policy limits of $1,000,000/ $2,000,000 and bond premiums.

Payment Schedule:
"Basic Payment Schedule" is as follows: Contract Deposit 10% of the proposal amount or $1,000.00 which ever is less by California Contract Code. Mobilization Payment of 20% of contract price due on first day of project start. Balance of payments owed will be split in equal payments based on project schedule duration with a 5% retention fee to be paid at completion and sign off of project.

Terms of payment are defined in the "Price Breakdown" section and are specific to this contract. All payments must be made to D3 Development Group within 30 days of completion of this contract. Completion, for purposes of this agreement, is defined as the point at which labor and materials have been furnished and installed. All payments must be made to D3 Development Group 1215 N. Red Gum St. Suite L Anaheim, CA 92806. If the Purchaser or Owner fails or delays in making any scheduled payments, D3 Development Group may suspend the fulfillment of its obligations hereunder until such payments or made, or D3 Development Group may be relieved of its obligations hereunder if payment is more than 30 days past due. D3 Development Group may use all remedies available under current laws, including but not limited to filing of liens against the property and using a collection agency or the courts to secure the collection of the outstanding debt.

If architectural, design, structural engineering and/or geotechnical engineering are part of the scope, these fees would also be required upon acceptance of the proposal.

Progress Payments will be submitted as necessary upon work completed and duration of project with a schedule of values.

Project balance due upon completion of project.
***Client acknowledges that projects will be obligated to progress billing and payments. Client will further pay service charge of 1-1/3% per month (16% per annum) if account is 30 or more days past due. Client would pay D3 Development Groups attorney's fees and costs to collect or enforce this contract if payments are not received within terms of this contract.

Right to Cancel
You may cancel this transaction, without penalty or obligation, within three business days from proposal acceptance.

If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instruments executed by you will be returned within 10 business days following receipt by D3 Development Group of your cancelation notice and any security interest arising out of the transaction will be canceled.

To cancel this transaction, mail or deliver a signed and dated copy of this cancelation notice or any other written notice, to D3 Development Group, Seller, at 1215 N. Red Gum St., Suite L, Anaheim, CA 92806 no later than midnight of the 3rd day following the date of acceptance.

Pricing Valid for 30 days from date of quotation. All pricing is based upon the current costs of materials and straight-time labor rates relative to a mutually agreed upon schedule. If the proposal is accepted after the 30 days a new proposal will be supplied with updated product/service pricing. Prices subject to change.

Limited Warranty
Exclusions From This Warranty – This Warranty does not cover and Contractor specifically disclaims liability for: 1) sound and noise complaints; 2) property damage caused by Customer’s negligence, misuse, abuse, or alteration; 3) dust incidental to construction; 4) damage to personal property of any type; 5) utility line breakage; 6) damage caused by mold; 7) failure or delay in performance or damage caused by acts of God (flood, fire, storm, methane gas, etc.), acts of civil or military authority, or any other cause outside of its control; 8) damage done during a lifting operation; 9) basement water seepage; 10) heave or any damages caused by it; and 11) damage caused by lateral movements and forces of hillside creep, land sliding or slumping of fill soils of deep embankments.

Customer’s Responsibility – Customer is responsible for: 1) making full payment upon completion of the work; 2) making available the work area for construction; 3) any items mentioned in the Contract under Additional Notes.

Notice of Commercial Liability Insurance (CGL)
D3 Development Group carries Commercial General Liability Insurance written by Mt.Hawley Insurance Company.

You may call the insurance company by phone at 888-745-0002 ext 2. You may also contact Steve Daniels by email at [email protected].

Worker’s Compensation Insurance
D3 Development Group carries worker’s compensation insurance as required by law.

MECHANIC’S LIEN WARNING
Anyone who helps improve your property, but who is not paid, may record what is called a mechanic’s lien on your property. A mechanic’s lien is a claim, like a mortgage or home equity loan, made against your property and recorded with the county recorder.

Even if you pay your contractor in full, unpaid subcontractors, suppliers, and laborers who helped to improve your property may record mechanics’ liens and sue you in court to foreclose the lien. If a court finds the lien is valid, you could be forced to pay twice or have a court officer sell your home to pay the lien. Liens can also affect your credit.

To preserve their right to record a lien, each subcontractor and material supplier must provide you with a document called a "Preliminary Notice." This notice is not a lien. The purpose of the notice is to let you know that the person who sends you the notice has the right to record a lien on your property if he or she is not paid.

BE CAREFUL. The Preliminary Notice can be sent up to 20 days after the subcontractor starts work or the supplier provides material.

This can be a big problem if you pay your contractor before you have received the Preliminary Notice.

You will not get Preliminary Notices from your direct contractor or from laborers who work on your project. The law assumes that you already know they are improving your property. PROTECT YOURSELF FROM LIENS. You can protect yourself from liens by getting a list from your contractor of all the subcontractors and material suppliers that work on your project. Find out from your contractor when these subcontractors started work and when these suppliers delivered goods or materials. Then wait 20 days, paying attention to the Preliminary Notices you receive.

For other ways to prevent liens, visit the California State License Board's (CSLB) Internet Website at www.cslb.ca.gov or call CSLB at 800-321-CSLB (2752).

REMEMBER, IF YOU DO NOTHING, YOU RISK HAVING A LIEN PLACED ON YOUR HOME. This can mean that you may have to pay twice, or face the forced sale of your home to pay what you owe.

ARBITRATION OF DISPUTES
Arbitration of Disputes: Any controversy or claim arising out of or related to this contract, or breach thereof, shall be settled by binding arbitration in accordance with the construction industry arbitration rules of the American arbitration association, and judgment upon the award rendered by the arbitration may be entered in any court having jurisdiction thereof. Claims within the monetary limit of the small claims court shall be litigated in such court at the request of either party, so long as both parties limit their right to recovery to the jurisdiction of the small claims court.

Any claim filed in small claims court shall not be deemed to be a waiver of the right to arbitrate, and if a counter-claim in excess of the jurisdiction of the small claims court is filed in the municipal or superior court, then the party filing in small claims court may demand arbitration pursuant to this paragraph.

Notice: By initialing in the space below you are agreeing to have any dispute arising out of the matters included in the “Arbitration of Disputes” provision decided by neutral arbitration as provided by California law, and you are giving up any rights you might possess to have the dispute litigated in a court or jury trial. By initialing in the space below you are giving up judicial rights to discovery and appeal, unless those rights are specifically included in the “Arbitration of Disputes” provision. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under the authority of the business and professions code or other applicable laws. Your agreement to this arbitration provision is voluntary.

We have read and understand the foregoing and agree to submit disputes arising out of the matters included in the “Arbitration of Disputes” provision to neutral arbitration.

I agree to arbitration: X___________________ I agree to arbitration: X___________________ Owner/Owner representative
__________________________________________________________Contractor In the event that contractor and owner have not each initialed the arbitration provision above, then it shall be conclusively agreed without a subsequent written agreement by all parties, that neither party agrees to arbitrate nor the arbitration of disputes provision shall not be deemed to be a part of this agreement.

Confidentiality and Disclaimer - This proposal and any accompanying documents are strictly confidential. Recipients must not disclose any written or verbal information provided to them in this proposal and/or any other documents or findings to any third party, without the prior written consent of an authorized D3 Development Group representative.

Appreciation: The team at D3 Development Group (D3 or "the Contractor") thanks you for the opportunity to be of service. Please take the time to read the contract in its entirety including the terms and conditions. By approving this contract, you agree to all terms and conditions contained herein. Many of thse terms are required by the State of California including the requirement to have an electronically approved or physically signed contract prior to starting work on the Project.

I confirm that my action here represents my electronic signature and is binding.

Signature:

Date:

Print Name:
/gid00036/gid00045/gid00042/gid00047/gid00042/gid00036/gid00001/gid00041/gid00042/gid00052/gid00053/gid00048/gid00051/gid00058 Angels for Sight (AFS) was incorporated in 2004 and officially opened its first clinic in Compton, California in February of 2007.

The organization was awarded use of the existing building by the city of Compton at 920 North Alameda for a nominal fee because the building was uninhabitable and required extensive renovation in order to be certified for occupancy.

AFS funded the full cost of the renovation ($75,000) to bring the building up to code in 2006.

The AFS vision clinic in Compton has been providing vision services onsite, hosting multiple vision-focused community fairs and veteran events dispensing eyeglasses at the location until the building experienced sewage problems and extensive damage during the winter storms in the Fall 2022 and Winter 2023.

Providing Vision Care for the
Community of Compton Since 2007

/gid00034/gid00039/gid00052/gid00001/gid00038/gid00057/gid00049/gid00034/gid00047/gid00052/gid00042/gid00048/gid00047 In 2022 working with Senator Steven Bradford’s office,
the AFS team developed a Budget Allocation Request
for the creation of a new Long Beach AFS Vision
Clinic. Senator Bradford presented the request to
the Governor’s Office on behalf of AFS.

The organization received the Budget Allocation from
the State of California in 2023. This Allocation was
expressly earmarked for the establishment of the new
vision clinic location in Long Beach. Construction of the new AFS Vision Clinic in Long Beach is nearing completion.

When the Angels for Sight Vision Clinic opens in Long Beach and the existing Clinic in Compton reopens they will be staffed be doctors from the Marshall B. Ketchum University - Southern California College of Optometry which will provide an excellent
level of vision care for the members of both
communities.

/gid00052/gid00038/gid00051/gid00055/gid00042/gid00047/gid00040/gid00001/gid00036/gid00048/gid00046/gid00049/gid00053/gid00042/gid00048/gid00047 Patients utilizing the services of the new clinic location and the existing AFS clinic in the City of Compton are referred through the court system, local schools, community hospitals, shelters, drug programs, community-based organizations including other health clinics, religious organizations and city departments and council members, as well as through word of mouth from AFS patients.

AFS is currently able to operate in the City of
Compton because the city is providing the
building from which AFS can provide vision
care screenings and free glasses to its clients.

In exchange for extension of the lease for the
same nominal fee, AFS is willing to cover the
costs to renovate the building making all the
necessary repairs so the AFS Vision Clinic in
Compton can resume operations and continue to provide vision care to the members of the Compton community at no cost.

The proposed renovation of the building,
along with other upgrades and the
purchase of new optical equipment will
allow AFS to not only resume services
onsite, but to expand the clinic operating
hours to better serve the needs of the
community through the new partnership
with the Marshall B. Ketchum University
- Southern California College of
Optometry.

AFS will also agree to cover the cost of regular maintenance of the building during the term of the new lease.

The AFS Board and all the organization’s supporters are looking forward to the re-opening of the Compton Angels for Sight Vision Clinic.

The underserved members of the community including kids, families, seniors and veterans will all have “A Brighter Future through the Better Vision” that the Angels for Sight Vision Clinic will provide.

FRONT ENTRY

ISOMETRIC SITE VIEW

FLOOR PLAN

WAITING ROOM

EXAM ROOM

SECTION VIEW A

SECTION VIEW B

SECTION VIEW C
C
D
E
BA

WAITING ROOM/BATHROOMS EXAM ROOM

SECTION VIEW D SECTION VIEW E
1215 N. Red Gum Suite L • Anaheim, CA 92806 • Phone: 714-858-0656 Angels for Sight
Phone: 562-810-2837
Proposal for Angels for Sight - Compton
Prepared by: [email protected]
This bid submittal includes all labor, materials, equipment and site supervision required to install as specified for the above referenced project.