Docusign Envelope ID: A4FB2E76-1 D5B-4C3C-BC08-8A6A5D0788CD 15 .8 Savings Suba ccounts. The Bank will establish a target balance for the Customer's demand dep osit or NOW sub-account, which ii may change at any time. To the extent funds in the demand deposit or NOW sub-account exceed the target balance, the excess will be transferred to the Custome r's savings sub-account, unless the maximum number of transfers from the savings sub-account for that calendar month or statement cycle have already occurred. If withdrawals from the demand deposit or NOW sub-account exceed the available balance in the demand deposit or NOW sub-account, funds from the Customer's savings sub-account will be transferred to the demand dep osit or NOW sub-account up to the entire balance of available funds in the savings sub-account to cover the shortfall and to replenish any target balance that the Bank has established for the demand deposit or NOW sub-account. If a sixth transfer is needed during a calendar month or statement cycle, it will be for the entire balance in the Customer's savings sub-account, and such funds will remain in the demand dep osit or NOW sub-account for the remainder of the calendar month or statement cycle.
15.9 Branch Designation. The Bank, for its admi nistrative purposes may designate a branch of the Bank as the branch of record of an Account which may be different from the branch at which the Account is opened. This designation requires no action on the part of the Customer and will not change the Bank's operations, Services or customer support. 15 .1 O No Fiduciary Relationship. Bank's relationship with Customer concerning the Accounts is that of a debtor and creditor. No fiduciary, quasi fiduci ary or other special relationship exists between Bank and Customer or any third parties regarding the Accounts.
Section 16 of the Account Terms (Govern ing Law) is amended by replacing Section 16.1 with the following provision:
16.1 Except as otherwise agreed in writing by the Bank and the Customer, the rights and obligations of the Customer and the Bank in respect of each Account main tained in the U. S. shall be governed by and construed in accordance with the laws of the State of New York (without regard to its conflict of laws rules). Each of the Customer and the Bank irrevocably and unconditio nally submits to the exclusive jurisdicti on and venue of any State or Federal court sitting in the City of New York, New York over any action, suit, proceeding, claim or controversy arising out of or relating to the Account Terms which includes this Addendum. The rights and remedies of the Bank under this Addendum, the Account Terms, the Account Docume ntation, the Service Terms, and any other agreement by the Customer in favor of the Bank are in addition to the rights and remedies of the Bank under applicable law (as provided above in this Section), are cum ulative and may be exercised successively or concurrently, and are retained by the Bank.
Section 16 of the Account Terms (Governing Law) is amended by adding the following provision:
16.4 In the event the Bank is required to remii funds to any state as aband oned property, the Account may be charged for fees in remitting funds to that state. In addition, the Bank may charge fees in co nnection with its handling of dormant funds and accounts.
Section 17 of the Account Terms (Miscellaneous) is amended by adding the following provisions:
17 .1 5
17 .16
17 .17
17. 18
17.19 17 .20
When the Customer provides the Bank any information requested by the Bank under its "Know Your Customer" or Anti-Money Laundering or other compliance polices pertaining to any natur al or other persons, the Customer represents and warrants to the Bank that the Customer has obtained that person's consent that the Bank may make continued use of that person's informati on in order for the Bank to discharge any of its responsibilities in connection with "Know Your Customer " or Anti-Money Laundering, or other compliance purposes.
Beneficial Ownership. Customer agrees to adhere to the FinCEN Customer Due Diligence final rule which requires certain entities to provide and certify beneficial ownership information to the Bank at 10% and provide information on a controller when opening a new USD account.
The Bank is required to collect and validate certain information (e.g. Name, Address, DOB, SSN or Passport # for non US individ uals) for new accoun ts impacted by the rule. If an entity is exempt from rule, the Bank may require documen tation to supp ort the exemption.
Payable Through Accounts. If the Customer is a bank or financial instituti on and is not organized under the laws of the U.S., it shall not permit its customers to cond uct banking transactions in the U.S. through the Customer's Account, and shall not provide its customers with check stock, drafts, wire transfer capabil ities or any other means which would enable its customers to draw on the Customer's Account. These types of arrangements are typically called "payable through accoun ts" and are prohibited under these Account Terms. The Customer ackn owledges that the sale of U.S. dollar checks or drafts to third parties is prohibited without the express written approval of the Bank.
No Advice. The Customer ackn owledges and agrees that the Bank has not provided and will not provide any investment, tax or accounting advice or recommendation in relation to the Accoun ts or any investments made under any Service.
ERIS A Status. The Customer will notify the Bank in writing, reasona bly in advance of the Account opening, if any Accounts or monies it holds or places with the Bank are subject to the Employee Retirement Income Security Act of 19 74, as amended ("ERIS A"), together with all the rules promul gated thereunder, or Section 4975 of the Internal Revenue Code, together with all the rules promulgated thereunder. The Bank may, in its sole discretion and subject to such further conditions as it may impose, including, without limitation, execution of further documentation in form and manner acceptable to the Bank, permit the holding of such Accounts or deposits or receipt of funds.
Additional Representation for ERISA Benefit Plans.
(i) If the Customer is or represents a "benefit plan," as defined in Section 3(42) of ERIS A, and U. S. Department of Labor Regulations Section 2510.3 -101, as modified by Section 3(42) of ERISA (together, the "Plan Asset Rules" and each such benefit plan investor, a "Ben efit Plan"), or is acting on behalf of one or more Benefit Plans, the Customer represents and warrants that:
(6) the Bank has not or will not provide advice with respect to the services obtained by the Benefit Plan.
PN: 2890303 DOC ID: 2 Page 14 of 43
Docusign Envelope ID: A4FB2E76-1 D5B-4C3C-BC08-8A6A5D0788CD (7) the Benefit Plan fiduciary (the "Plan Fiducia ry'') is independent of the Bank, and is not an individual acting for his or her own Individual Retirement Account, and such Plan Fiduciary is either (a) a bank as defined in Section 202 of the Investment Advisers Act of 1940 (the "Advisers Act"), or similar institution that is regulated and supervised and subject to periodic examination by a State or Federal agency; (b) an insurance carrier which is qualified under the laws of more than one state to perform the services of managing, acquiring or disposing of assets of a Benefit Plan; (c) an investment adviser registered under the Advisers Act or, if not registered as an investment adviser under the Advisers Act by reason of paragraph (a)(1) of Section 203A of the Advisers Act, is registered as an investment adviser under the laws of the state in which it maintains its principal office and place of business; (d) a broker-dealer registered under the Securities Exchange Act of 1934, as amended; or (e) has, and will at all limes have, total assets of at least U.S . $50,000,000 under its management or control;
(8) the Plan Fiduciary is capable of evaluating investment risks independently, both in general and with respect to the Accounts and Services;
(9) the Plan Fiduciary is a "fiduciary" with respect to the Benefit Plan within the meaning of Section 3(21) of ERIS A, Section 4975 of the Code, or both, and is responsible for exercising independent judgment in evaluating the receipt of Services by the Benefit Plan; (1 O) the Bank has not exercised any authority to cause the Benefit Plan to agree to these Account Terms; and (11) the Plan Fiduciary has been informed (a) that the Bank is not undertaking to provide impartial investment advice or to give advice in a fiduciary capacity in connection with the Services; and (b) ofthe existence and nature of the financial interests of the Bank, as disclosed in the Account Terms and Service Terms.
(ii) The representations and covenants in the above clauses are intended to comply with the U.S. Department of Labor's Reg. Sections 29 C.F .R. 2510.3-21(a) and (c)(1) as promulgated on April 8, 2016 (81 Fed. Reg. 20,997), If these regulations are revoked or repealed, these representations shall be deemed no longer in effect.
17.21 FDIC Part 370 Disclosure. If the Customer's Account is eligible for "pass through" deposit insurance from the Federal Deposit Insurance Corporation (the "FDIC") as set forth in the Federal Deposit Insurance Act and 12 CFR § 330, then the Customer acknowledges and agrees that if the Bank becomes insolvent or enters into receivership (hereinafter a "Bank Receivership"), the Customer will: (a) cooperate fully with the Bank and the FDIC in connection with determining the insured status of funds in each Account, and (b) provide the FDIC with the information that identifies each beneficial owner and its interest in the funds in each such Account within 24 hours of the Bank Receivership, unless ii falls within one of the enumerated exceptions in 12 CFR 370.5(b). The information described in (b) must be sent to the Bank in the format specified by the FDIC (see: www.fdic.gov/requlations/resources/recordkeeping/index.html). The Bank shall provide the Customer an opportunity to validate its capability to deliver the information described in (b) in the format specified by the FDIC so that a timely calculation of deposit insurance coverage for the Account can be completed.
The Customer further acknowledges and agrees that following a Bank Receivership: (i) a hold will be placed on each Account once a receiver of the Bank is appointed so that the FDIC can conduct the deposit insurance determination and such hold will not be released until the FDIC obtains the necessary data to enable the FDIC to calculate the deposit insurance coverage for each Account; (ii) its failure to provide the necessary data to the FDIC may result in a delay in receipt of insured funds and legal claims against the Customer from the beneficial owners of the funds in the applicable Account; and (iii) failure to provide the data the FDIC requires may result in the applicable Account being frozen until the information is received, delaying receipt of FDIC insurance proceeds.
Notwithstanding other provisions in this Agreement, this section survives after the FDIC is appointed as the Bank's receiver, and the FDIC is considered a third party beneficiary of this section.
PN: 2890303 DOC ID: 2 Page 15 of 43
Docusign Envelope ID: A4FB2E76-1 05B-4C3C-BC08-8A6A5D0788CD AVAIL ABILITY POLIC Y - FOR ACCOUNTS MAINT AI NED IN THE U.S.
The Bank's policy is to make funds available to the Customer on the same, next or second business day after the day of deposit depending on the type of deposit and when the deposit is made as described below. If the Customer will need the funds from a deposit immedia tely, the Customer should ask the Bank when the funds will be available.
A. Determining the Day of a Deposit. If a deposit is made to an account on a business day before the Bank's cutoff time established for that location (which will be no earlier than 2 p.m. local time), then the Bank will consider that day to be the day of deposit. However, if a deposit is made after the cutoff time or on a day that is not a business day, then the Bank will consider the deposit to have been made no later than the next business day. For determining the availabili ty of de posits, every day is a business day, except Saturdays, Sundays, and federal holidays.
Availability with respect to any deposit will be determined by the location of the banking center or other facility where the deposit was received.
For deposits made at the Bank's automated teller machines (ATMs) the cutoff time is 11 p.m. Eastern Time unless otherwise noted on the ATM screen.
B. Same Day Availability. Funds from the following deposits made at a banking center or at an ATM that do not require deposit envelopes will be available on the business day the Bank determines the deposit is made:
• Cash;
• Wire transfers; and
• Electronic direct deposits to an account.
C. Next Day Availab ility. Funds from the following deposits are available on the first business day after the business day the Bank determines the deposit is made:
• U. S. Treasury checks that are payable to the Customer; • Checks drawn on a Bank affiliate that holds the applicable account (excluding a Controlled Disbursement site); and • At least, the first $225 from a day's total de posits.
If the deposit is made in person to a Bank employee, funds from the following deposits are also available on the first business day after the business day the Bank determines the deposit is made:
• State and local government checks that are payable to the Customer, if a special deposit slip, available upon request at any Bank banking center is used;
• Cashier's, certified, and teller's checks that are payable to the Customer, if a special deposit slip, available upon request at any Bank banking center, is used; and
• Federal Reserve Bank checks, Federal Home Loan Bank checks, and postal money orders, if these items are payable to the Customer.
If a special deposit slip is not used, availabi lity of funds from these deposits will follow the schedule identified in the Availabili ty of Other Check Deposits section below.
D. Availabili ty of Other Check Deposits. Generally, funds from all other deposits of checks drawn on banks (as defined in Federal Reserve Regulation CC) will be available no later than the second business day after the day of deposit. Checks that require special handling may receive delayed availabi lity. The amount of funds available to the Customer will be reduced by the amount of any deposited check that is returned unpaid. If the Bank reprocesses the check, the funds will become available no later than the second business day after the business day in which the check is reprocessed.
E. Longer Delays May Apply. In some cases the Bank may not make all of the funds that are deposited by check available. Depending on the type of check deposited, funds may not be available as set forth above. However, the first $225 of the aggregate deposit will be available on the first business day after the day of deposit.
If the Bank is not going to make all of the funds from a deposit available at the times shown above, it will notify the Customer and specify when the funds will be available. If a deposit is not made directly to a Bank employee, or if the Bank decides to take this action after the Customer has left the premises, the Bank will mail or otherwise send the notice to the Customer by the business day after the day of deposit.
Funds deposited by check may be delayed for a longer period under the following circumstances:
• The Bank believes a deposited check will not be paid; • Deposited checks for all of the Customer's accounts total more than $5,5 25 in any one day; • The Customer redeposited a check that has been returned unpaid; • The Customer has overdrawn one or more of its accounts repeatedly in the last six months; or • There is an emergency, such as failure of commu nications or computer equipment.
In such circumstances, funds will generally be available no later than the seventh business day after the day of deposit. Inclement weather or transportation problems may lead to additional dela ys under certain availabili ty schedules. Customer may have specific availability schedules related to a banking service.
F. Special Rules for New Accounts. If the account is a new account, the following special rules may apply during the first thirty days the account is open:
• Funds from deposits of the first $5,525 of that day's total deposits of cashier's, certified, teller's, traveler's and federal, state and local government checks payable to the Customer will be available on the first business day after the day of deposit. The excess over $5,5 25 PN: 2890303 DOC ID: 2 Page 16 of 43 Page 225 of 252
Docusign Envelope ID: A4FB2E76-1 D5B-4C3C-BC08-8A6A5D0788CD will be available no later than the ninth business day after the day of deposit. If the deposit of checks (other than U.S. Treasury checks) is not made in person to one of the Bank's employees, the first $5,525 may not be made available until the second business day after the day of deposit; and
• Funds from all other check deposits will be made available no later than the fifteenth business day after the day of deposit.
G. Large Dollar Deposits. The U.S. Federal Reserve Banks will not forward process any Item over $99,999,999.99 and considers such Items as "non-cash items." Such Items should not be depo sited in the Account. If Customer does depos it such an Item, the Bank may refuse to process such Item or handle ii as a collection Item. If handled as a collection Item, Customer credit and availab ility will be deferred accordingly.
This Availability Policy and availability schedules may be changed without notice. © 202 1 JPM organ Chase & Co. All rights reserved.
PN: 2890303 DOC ID: 2
JPM organ Chase Bank, N.A. Member FDIC.
Docusign Envelope ID: A4FB2E76-1 D5B-4C3C-BC08-8A6A5D0788CD ELE CTR ONIC SI GNATU RES SE RVICE TER MS V1.4 _1 1_1 7_20 These Service Terms set forth the terms and conditions upon which the Bank will accept documents and Instructions related to the Account and Services (including comm ercial card services, if applicable) signed by any person author ized to sign such documents on behalf of the Customer ("Authorized Signer") using an electronic signature ("E-Signed Document"). The provisions of the account documentation, including terms and conditions governing the operation of Accounts and Services ("Account Documentation '') are incorporated into these Service Terms by reference.
Capitalized terms used in these Service Terms, unless otherwise defined herein shall have the meanings set forth in the Account Documentati on.
Neither the Customer nor the Bank are obligated to use or accept electronic signatures. The Customer may request that a document presented to it through a Platform be provided for manual signature. The Bank may require that the Customer provide a document or instruction manually signed by an Authorized Signer along with evidence of the Authorized Signer's authority to execute such document or instruction.
1. Eligible Platforms. By using an eligible e-signature platform ("Platform") to send an E-Signed Document to the Bank, the Customer shall be deemed to accept these Service Terms and provide consent to use the below Platforms to send and receive any doc ument and information related to the Account and Services (including commercial card services, if applicable) to and from the Bank, which for the avoidance of doubt shall be binding on the Customer (to the exclusion of any terms and co nditions provided by the Customer). The Bank only accepts E-Signed Documents signed through Platforms acceptable to the Bank on the terms set forth herein. The Bank may accept E-Signed Documents signed through a Platform in instances where the signing event was initiated by the_ Bank or inte rnally by the Customer. A list of Platforms is available from JPM organ upon request. E-Signed Documents signed through a Platform must include a signature panel or other indicator evidencing the document has not been modified since the signature was applied and a certificate of completion or audit trail providing deta ils about each signer on the document, which must include, at a minimum, the signer's email address and timestamp ("Completion Documen t'').
2. Configu ration of Platforms. The Customer is responsible for its own use and configuration of each Platform. Security features (including, without limitation, encrypted messages, additi onal authentication requiremen ts or features designed to prevent a document from being reassigned to another individual for signature) are included on the Platform for the benefit of the Customer (including, without limitation, to mitigate against fraud). By cho osing not to use (or, in the case of encryption, not having the capability to use) any one or more security features, the Customer accepts the risks associated with not using such security measures. The Bank is not liable for any loss suffered by the Customer as a result of the Customer not using such security measures. The designated recipient of an email received from a Platform may not forward such email to another person for e-signature. If a document is misdirected, the recipient should contact the Bank or use functionality within the Platform to reassign the document to an Authorized Signer. The representations and warranties given by the Customer in these Service Terms will in no way be affected by a Customer's choice not to use a security feature.
3. Author ity Documents; Personal Data. The Customer has separately provided the Bank with documentation (i) showing or certifying the authority of its Authorized Sig ners to sign documents on behalf of the Customer and (ii) containing the correct name, business email address, and telephone numbers ("Personal Data") for each Authorized Signer ("Authority Documents"). The Customer represents and warrants that the information contained in the Authority Documents is accurate and complete, and that the Customer will promptly notify the Bank if there are any changes to the Authority Documents, including if an Authorized Signer's authority is modified or revoked. The Bank is authorized to rely on the information set forth in the Authority Documents until it receives and has had a reasona ble time to act on such notice. In instances where the Bank initiates the signing event, the Bank will share Personal Data with the Platform for the sole purpose of facilitating the e-Signing process, and the Customer and Authorized Signer hereby, and by executing an E-Signed Document, consent to the sharing of such information and waives (to the extent permissible) any restrictions on sharing such information under applicable law, including banking secrecy, if applicable.
Personal Data will be kept by the Platform for the duration of the e-Signing process and will be deleted after a period of two years.
4. Bank's Review of E-S igne d Documents. Upon receiving an E-Signed Document, the Bank will review the applicable Completion Document and current Authority Documents to (i) to verify that the signer of the E-Signed Document is an Authorized Signer, and (ii) verify that the email address associated with the electronic signature on the E-Signed Document is the email address of an Author ized Signer. The Bank will not verify whether the electronic signature in an E-Signed Document matches the specimen signature held by the Bank. The Customer agrees that verification of each E-Signed Document in accor-dance with this paragraph shall be deemed as prima-facie evidence of its having been duly executed by the Auth orized Signer whose electronic signature appears thereon.
5. Customer Representa tions and Warranties; Acknowledgements. The Customer represents and warrants on a continuous basis that (i) each E-Signed Document has been validly executed by duly Authorized Signer(s) in·accordance with the requiremen ts of applicable law in the Customer's place of incorporation and, to the extent relevant, the Customer's constitutional documents; and (ii) each E-Signed Document constitutes a valid, legal, enforceable and binding obligation of the Customer. The Customer acknowledges that the Bank has relied on the foregoing representations and warranties when accepting E-Signed Documents. The Customer confirms that each E-Signed Document constitutes an electronic record established and maintained in the ordinary course of business and an original written record when printed from electronic files. Such printed copies will be treated to the same extent and under the same conditions as other original business records created and maintained in documentary form.
The Customer represents and warrants that it has commer cially reasona ble policies and procedures intended to prevent unauthorized access to email messages delivered to any Authorized Signer at the Authorized Signer's business email address, which include the following: (i) each Authorized Signer is assigned a unique business email address; (ii) the Authorized Signer's access to the business email account requires at least the use of a unique username and password; and (iii) the Authorized Signer is required to maintain the security of the log-in password and other security used to access the business email account and not to reveal them to any other person.
6. Limitation of Liabili ty; Ind emn ificati on. Bank assumes no responsibility or liability arising from operation of a Platform or the transmission, treatment or storage of any data by a Platform , including, without limitation, any Personal Data. In consideration of the Bank accepting E-Signed Documents, the Customer indemnifies and holds the Bank, and its agents, employees, officers and directors, harmless from PN: 2890303 DOC ID : 3 Page 18 of 43
Docusign Envelope ID: A4FB2E76-105B-4C3C-BC08-8A6A5D0788CD and against any and all claims, damages, demands, judgments, liabilities, losses, costs and expenses (including attorneys' fees) arising out of or resulting from the Bank's reliance on these Service Terms or on an E-Signed Docume nt executed on behalf of the Customer.
7. Governing Law. Without prejudice to any other provision in the E-signed Documents relating to governing law, these Service Terms and any non-contractual obligations arising out of or in relation to its terms sh all be (i) with respect to Accounts located in North America, Central America, South America, Asia (except the People's Republic of China ("PRC"), India and Vietnam). Australia and New Zealand, governed by and construed in accordance with the laws of New York (except as set forth herein), (ii) with respect to Accounts located in Europe, the Middle East and Africa, governed by and construed in accordance with the laws of England, (iii) with respect to Accounts located in India, governed by and construed in accordance with the laws of India, (iv) with respect to Accounts located in the PRC, governed by and construed in accordance with the laws of the PRC, (v) with respect to Accounts located in Vietnam, governed by and construed in accordance with the laws of Vietnam, and (vi) with respect to commercial card services, governed and construed in accordance with the laws of New York. Any dis putes arising out of or relating to its terms or any non-contractual obligations arising out of or relating to its terms will be submitted for resolution to the exclusive jurisdi ction of the courts of the country or state at which the relevant Account is located, without reference to the conflicts of laws provisions thereof, provided, however, for Accounts located in the PRC, any such disputes will be submitted for resolution to the China International Economic and Trade Arbitration Commission ("CIETAC") for arbitration which shall be conducted in accordance with CIETAC's arbitration rules in effect at the time of applying for arbitration and the hearing place shall be Beijing. The Customer agrees that Personal Data will be subject to the laws and legal procedures of the jurisdi ctions where Platform's databases are located and to the Platform's data retention policy.
8. Enti re Agreement. These Service Terms shall constitute the entire agreement between Bank and Customer with respect to the use and acceptance of electronic signatures related to the services provided under the Account Documentation. Therefore, any terms and conditions displayed through a Platform, on the Platform's website, or on the Customer website , or any other Customer terms and conditions, related to the use and acceptance of electronic signatures shall not be binding on Bank or the Customer.
PN: 2890303 DOC ID: 3 Page 19 of 43
Docusign Envelope ID: A4FB2E76-1 D5B-4C3C-BC08-8A6A5D0788CD Co nsol ida ted
Ser vi ce Te rms
J.P . Morgan Chase provides an array of treasury services to meet your business needs. This book let contains imp ortant information about J.P. Morgan Chase solutions that we provide. If you would like to add a service that is cove red in this bo oklet, please contact your Commercial Banking Representative.
TRE ASUR Y SE RVICES (UN ITED STATE S)
COMMER CIAL BA NK
PN: 2890303 DOC ID: 4
VS.5_07 _28_23
Docusign Envelope ID: A4FB2E7 6-1 D5B-4C3C-BC 08-8A6A5D0788CD Welcome to JPM organ Chase Bank, National Association ("J.P. Morgan", "Chase", or "Bank "). We are pleased that you have decided to maintain a banking relationship with us. This Cons olidated Service Terms booklet ("Bo oklet") contains the terms and conditions for certain cash management services ("Service Terms") J.P. Morgan may provide to you. By executing the Account Terms Acceptance Letter, Certificate Regarding Accounts, Business Signature Card, service impleme ntation form or similar document, or by using or continuing to use any of the services referenced herein after receipt of this Boo klet, you agree that the Service Terms included in this Booklet, in addition to the Account Terms and such supplements, amen dments, notices and additional service terms provided to you from time to lime will govern your existing and future deposit accounts maintained with us, in addition to those servi ces that the Bank provides to you, as applicable .
This Booklet includes Treasury Services Service Terms applicable to all Co mmercial Banking customers. All Service Terms are subject to the Bank's Account Terms. Any modifications to this Booklet, including but not limited to any changes, amendments, deletions, and/or additions, will not be binding upon the Bank unless such modifications are acknowledged and agreed to it writing by an officer of JPM organ Chase. JPM organ Chase Bank, N.A . is organized under the laws of U.S. A. with limited liability.
We loo k forward to serving your business needs and thank you again for choosing Chase.
SERVICES FOR CUSTOMERS
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
ACH Origination Service Terms
ACH Transaction Blocking ACH Transaction Blocking with Positive Pay and ACH Transaction Review Service Terms Lockbox Service Terms
Coin and Currency Service Terms
Positive Pay Reverse Positive Pay and Payee Verification Terms Contro lled Disbursement Service Terms
Image Cash Letter Service Terms
Check Print Service Terms
ACH Tax Payment Service Terms
Remote Capture Services Terms
JP Mo rgan TS Electronic Chann els Service Terms
Healthcare Link Processing Service Terms
PN: 2890303 DOC ID: 4
V2.2_ 10_28_22
V1 .3_07 _28_23
V1 .5_05_20_21
V1.6_12_06_19
V1 .5_01_04_23
V1.4_10_25_13
V1.10 _05_24_21
V2.0_07 _ 17 _20
V1.1_11_26_13
V1 .3_10_16_19
V4.2_02_ 12_20
V1 .3_08_25_22
Docusign Envelope ID: A4FB2E76-1 D5B-4C3C-BC08-8A6A5D0788CD
SER VICE TERMS - CON SOLI DATED SE RVICE TER MS BOOK LET The services described herein (each a "Service") are subject to the Bank's Account Terms (as may be amended from time to time), which are hereby incorporated by reference into each Service Terms. By using any of the Services described hereunder, the Customer acknowledges that it has received and agreed lo the Account Terms, as supplemented by these Service Terms. Capitalized terms in the Service Terms, unless otherwise defined herein, shall have the meanings set forth in the Account Terms
A. ACH ORIGIN ATION SER VICE TER MS
The origination of ACH Entries and the transmission and issuance of other transactions and information will be pursuant to these Service Terms and the Operating Rules and Guidelines (collectively the "Rules") of the National Automated Clearing House Association. Capitalized terms used in these ACH Service Terms, unless otherwise defined in the account documentation or these Service Terms, shall have the same meanings as set forth in the Rules.
Customer and JPMorgan Chase Bank, N.A. (the "Bank) agree to comply with and be bound by !he Rules as in effect from time to time.
1. Service. Bank provides automated clearing house ("ACH") origination services that will enable Customer to do one or more of the following:
• originate ACH Debit Entries;
• originate ACH Credit Entries; and
• instruct the Bank to issue or transmit prenotifications, reversals, requests for return, notifications of chan ge or other information pertaining to the Entries.
Origination of ACH Credit Entries and origination of ACH Debit Entries are two separate services and approval or set up for one ACH service does not automatical ly create the ability to utilize the other. Further, the Customer's origination of WEB, TEL and IAT Entries requires additional pre approval by the Bank; if the Customer attempts to originate such Entries without first obtaining such approval, the Entries may be suspended, delayed or rejected pending completion by the Bank of product due diligence, know-your-customer and/or other review as the Bank determines to be necessary in its discretion. The Rules and these Service Terms shall apply to all Entries, whether or not transmitted through an ACH Operator.
It is Customer's responsibility to provide Entries and instructions to Bank with all the necessary information to complete Customer's requested transactions. Customer agrees to transmit Entries to Bank in the manner, at the times and in accordance with approved media, content and format as agreed by Bank and Customer. Bank may reject or delay processing transactions or information if instructions are not complete or are inaccurate, contain an inactive Company ID or otherwise do not meet the criteria Bank specifies for acceptance. All requests to Bank must be received by Bank before Bank's established cut-off time in order for processing to commence on that ACH processing day. Any request that is inc omplete or that Bank finishes receiving after the relevant cut-off time will be processed by Bank on the next day Bank processes ACH transactions. All transactions are subject to acceptance by Bank. Bank will notify Customer of any transactions or other transmissions that are rejected or returned.
If Customer wants Bank to re-process those transactions or transmissions, Customer must correct them and re-submit them. Customer agrees to furnish Bank with copies of any authorizations or notifications, if requested, as well as any other information reasonably requested by Bank relating to Entries originated by the Customer. Customer shall provide Bank's auditors and other personnel with reasonable access at all reasonable times to the Customer's facilities, data and records relating to the initiation of Entries for the purpose of auditing Customer's compliance with these Service Terms and the Rules.
2. Secu rity and Data Protection Procedu res. All instructions received by Bank in Customer's name are subject to verification pursuant to mutually agreed security procedures. If Bank follows those procedures, Bank may process and transmit transactions or information in Customer's name. Unless Customer and Bank both otherwise agree, transmissions to Bank will be authenticated and/or encrypted using commerci ally reasonable security technologies meeting standards acceptable to Bank. If Customer uses a security procedure other than as described above, Customer acknowledges that Customer refused Bank's security procedure and chose another and Customer agrees to be bound by any transaction, whether or not authorized, issued in Customer's name and accepted· by Bank in compliance with the security procedure Customer chose. If Customer elects not to utilize recommended message authentication and/or encryption techn ology, Customer assumes all responsibility for unauthorized disclosure or unauth orized access to Customer's data that occurs during transmission or while such data is in storage. Customer shall not disclose any Receiver's account number or routing number to any third party for such third party's use, directly or indirectly, in initiating a separate Debit.
3. Settlement and Expos ure Limi ts. On the settlement date, Bank will credit Customer's account with Bank that Customer specifies for the total of:
• Customer's Debit Entries that Bank processed for settlement that day; • RCCs issued for deposit to Customer's account on that day; and • any returned or reversed Credit Entries.
Bank may delay the ava ilability of funds deposited into Customer's account by Debit Entry or RCC until those transactions cannot be reversed in accordance with the Rules or applicable law.
Bank will debit Customer's account with Bank that Customer specifies for the total of Credit Entries processed in Customer's name and for any returned Debit Entries and RCCs. Bank may require Customer to pay Bank the amount of any Credit Entries on the date of transmission to Bank or otherwise prior to the settlement date. Bank also may require Customer to maintain collateral with Bank in an amount Bank specifies.
PN: 2890303 DOC ID: 4 Page 22 of 43
Docusign Envelope ID: A4FB2E76-10 5B-4C3C-BC08-8A6A5D0788CD Bank may from time to time establish or revise maximum dollar limits for the total value of all outstanding files of Credit Entries and/or Debit Entries and RCCs that Bank will release on Customer's behalf. Bank may change or cancel the limits at any lime without prior notice to Customer; although Bank will try to notify Customer before Bank does that.
4. Warranties; In demni ty. Except as specified below, Customer will be deemed to make the same warranties to Bank as Bank makes pursuant to the Rules. In the case of an Entry to another account with Bank, warranties will be deemed to be given as of the time Bank first processes the Entry. Customer will not be deemed to warrant the power of the Bank under applicable law to comply with the requirements of the Rules or the conformity of Entries and other data Bank transmits to the file specifications contained in the Rules. The Customer further represents, warrants and covenants that (a) each Entry and RCC it originates will comply with all applicable U.S. laws and regulations and acknowledges that Entries may not be initiated that violate the laws of the United States, (b) unless Customer has identified itself to Bank as a Third Party Sender (as defined in Section 7) and obtained Bank's express consent to originate Entries as a Third Party Sender, Customer will not originate any Entries, or use any of its Company IDs to originate Entries, on behalf of third parties (including, without limitation, any affiliate of Customer), and (c) Customer will not permit a third party to originate Entries using a Customer account as the offset account unless Customer obtains Bank's express consent to do so.
Customer agrees to indem nify Bank and Bank's employees, officers, directors and agents, and hold all of them harmless from and against any and all claims, demands, losses, liabilities or expenses (including attorneys' fees and costs) resulting directly or indirectly from (a) Customer's breach of any warranty made under these Service Terms and (b) complia nce by Bank and the RDFI with any request Customer makes for a cancellation, stop payment, reversal or recall of any Entry or any RCC created by Bank under Section 1 hereof.
Bank shall have no responsi bility for any delay by any ACH Operator or RDFI in processing any Entry the Bank transmits to the ACH Operator or failure to process or credit or debit any such Entry.
5. Stop Payments; Reversals and Recalls; Rejections. Customer's instruction to cancel, stop payment of, reverse or recall one or more Entries must be received by Bank in such time and manner as Bank specifies. Bank will process these transactions in accordance with Bank's procedures advised to Customer. Any reversal or recall initiated by Bank is subject to acceptance by the RDFI. Instructions to reverse or recall an ACH Credit Entry that are not initiated by Customer in time to meet the prescribed NACHA deadline for reversals may be originated by Bank as a Debit Entry; Customer shall obtain authorization from the Receiver in accordance with the Rules for any such Debit Entry and all other terms of these Service Terms applicable to Debit Entries shall apply. Entries or other instructions may not be amended or modified.
If Customer originates Debit Entries to an account or accoun ts at a financial institution that is not a Participating Dep ository Financial Institution in the ACH system (such account hereafter called a "Non- ACH Eligible Account"), all such Debit Entries will be rejected unless Customer subscribes to a service, subject to Bank's prior consent, pursuant to which Bank will process each such Debit Entry to a Non-ACH Eligible Account by preparing a remotely created check, as such term is defined in Fede ral Reserve Regulation CC (an ''RCC"), on the Customer's behalf. The RCC will be drawn in the amount and on the Non-Eligible ACH Account of the individual or entity specified as the receiver in the Customer's instructions and will be deposited to the Customer's designated account with Bank, Such RCC will thereafter be processed through the check clearing system. If the Customer is using such service, the Customer hereby auth orizes the Bank to create each RCC as described herein and the Customer warrants to the Bank, with respect to each RCC, that the person on whose account the RCC is drawn authorized the issuance of such RCC in the amount and to the payee stated in the RCC. The Customer auth orizes the Bank to debit the Customer's account for any claim or return based upon an unauthor ized RCC. All other terms herein related to Entries shall also apply to RCCs created under this Section. The Bank shall not create or process RCCs or other paper drafts in lieu of ACH Debits under any circumstances other than for No n-ACH Eligible Accounts and only when the Bank has consented to provide such service, even if the Customer includes an instruction in its file for the Bank to otherwise originate an RCC or paper draft.
6. Thir d Party Service Providers. Customer may choo se to use a third party service provider or service bureau to issue Entries or other instructions, handle returned Entries or perform other functions for and on Customer's behalf. If Bank accepts such Entries or other instructions, Customer will be bound by them. Customer is responsible for all actions taken or not taken by Customer's provider and Customer is responsible for all costs and expenses of Customer's provider.
7. Notification to Bank if Customer is or Becomes a Thir d Party Sender. Customer will not initiate Entries as a Third Party Sender or otherwise originate Debit Entries or Credit Entries on behalf or for the benefit of other persons or entities without prior notification to, and approval of, the Bank. Accordingly, Customer will notify Bank if Customer at any time intends to become a Third Party Sender and will not commence such activity unless and until Bank approval is obtained.
8. IAT Entries. If Customer is originating Entries that are required to be formatted under the Rules as IAT Entries, Customer will comply with all applicable Rules relating thereto, and Customer will originate such Entries only through one of Bank's ACH origination channe ls that support IAT origination. Some of Bank's ACH origination chan nels do not accommodate IAT Entries; upon request, the Bank will advise Customer as to which of Bank's ACH origination channels can be used for IA T origination.
If a foreign currency conversion is performed by Bank in connection with an IAT Entry, Customer acknowledges that the foreign currency exchange rates fluctuate, and accepts the risk of such fluctuation, including fluctuations in rate between the time Customer submits the Entry Data Instructions and the time the transaction is executed and/or reversed, returned or recalled. Any payment returns and/or reversals will be credited to Customer's account in the currency in which Customer's account is den ominated, and Customer is responsible for any rate fluctuations.
In the event of an erroneous or duplicate IAT Entry originated for payment to a receiving bank outside the United States, the rights of Bank and Customer with respect to reversal or recall of such Entry are subject to the laws, regulations and payment system rules of the receiving bank's jurisdiction.
Customer acknowledges and agrees that IAT Entries may be delayed in processing or posting due to the Bank's or RDFl's review of such Entries for OFAC compliance. Further, Customer understands and ackn owledges that unlike PPD Credit Entries, there is no requirement under the Rules that IAT Credit Entries that are made available to an RDFI by its ACH operator by 5:00 pm on the banking day prior to the Settlement Date be made PN: 2890303 DOC ID: 4 Page 23 of 43
Docusign Envelope ID: A4FB2E76-1 05B-4C3C-BC08-8A6A5D0788CD available to the Receiver at the opening of business on the Settlement date; cleared IAT Credit Entries must be made available no later than the Settlement Date of the Entry, but funds are not required to be available at opening of business on the Settlement Date.
9. Same Day Entries. The terms set forth in this Section 9 apply to any Same Day Entry, as such term is defined in the Rules, originated by the Customer. From and after the effective date specified under the Rules for Same Day Credit Entries and Same Day Debit Entries (or such other dates as may be communi cated to the Customer by the Bank), subject to the conditions set forth in this Section 9, any Credit Entry or Debit Entry submitted to the Bank that meets the criteria set forth in the Rules for a Same Day Entry ("Same Day Criteria") may be processed and released by the Bank in such time and manner as to enab le same day processing and settlement by the applicable ACH Operator and ROFL The Bank may, in its sole discretion, provide the Same Day ACH Service to its customer segments on either an opt-out basis or an opt-in basis. If the Service is provided to the Customer on an opt-out basis, any Credit Entry or Debit Entry transmitted to the Bank in the name of the Customer that meets the Same Day Criteria may be processed as a Same Day Entry (from and after the Respective Implementation Date), and the Customer will be charged applicable fees for such processing. The Customer may elect to exclude transactions from Same Day ACH processing by notifying the Bank in writing (or by such other means as the Bank may specify) of specified Company IDs that the Customer wants to exclude from Same Day ACH processing even if the Same Day Criteria are met. In such case, the Bank will exclude files/Entries with such Company IDs from the Service. If the Service is provided to the Customer on an opt-in basis, the Customer may request that its originated Entries meeting the Same Day Criteria be processed on a same day basis; otherwise, such Entries will not be processed on a same day basis. As a result of the implementation of the Same Day ACH processing, there may be changes to the posting times for Entries; Same Day ACH Entries as well as Entries originated to accounts of Receivers at the Bank may be posted to Receivers' accounts earlier than posting was occurring prior to implementation of Same Day ACH processing. Notwithstanding anything to the contrary contained in these Service Terms, certain Bank transmission channels will not provide capability for origination of Same Day ACH Entries or will provide such capability at a later time than other channels. 10 . Inc orporation of Account Documen tation; Termination. The provisions of the account documentation, including terms and conditions governing the operation of business accounts and services, are incorporated into these Service Terms by reference. By acknowledging or signing the applicable account documentation or by using or continuing to use the ACH Origination Services, Customer agrees to these Service Terms. In addition to Bank's termination rights under the aforementioned documentation, Bank shall have the right to termin ate or suspend these Service Terms and the Services upon notice to Customer in the event of the Customer's breach of the Rules.
B. ACH TRANSACTION BLOC KING /ACH TRAN SACT ION BLOC KING WITH POSITIVE PAY
AND ACH TRANS ACTION REVI EW SERVIC E TER MS
1. ACH Transaction Block ing
(a) Service. JPMorgan Chase Bank, N.A. ("Bank") provides a service that allows Customer to block and return ACH debit and credit entries originated to Customer's account with Bank. Customer can select from a variety of authorization or blocking criteria and advise Bank in a manner and form acceptable to Bank. Bank will return any blocked transaction indicating that the ACH debit was not authorized or that the ACH credit was refused.
(b) ACH Company IDs. If Customer elects an option that blocks or allows ACH debits or credits from specified companies, Customer will be solely responsible for obtaining the correct ACH Company ID for each such Originator. Customer must supply the Bank, through the designated user interface, with the applicable ACH Company ID of the Originator as it appears on the Company/Batch Header Record. The ACH Company ID will be the sole criterion for blocking debit and credit entries (unless Customer has also set maximum dollar limits) and Bank will have no obligation to take any other steps to determine the identity of the Originator Customer understands that ACH Company IDs are not unique and that an ACH Company ID may identify more than one Originator, and one Originator may have multiple ACH Company IDs. Customer understands that ACH Company IDs are not a perfect filter and that transactions from Originators may be blocked or allowed if the Originator uses an ACH Company ID other than the one Customer identifies.
Bank will not be responsible for transactions blocked or allowed in accordance with the instructions Customer provides for the ACH Company ID.
2. ACH Transaction Block ing with Positive Pay
(a) Service. Bank also provides a service that allows Customers who are currently setup on ACH Transaction Blocking to elect an optional billable feature which provides notification to Customers prior to posting or return of any ACH debit entries and/or credit entries identified as unauthorized and/or authorized, regardless of established ACH Transaction blocking parameters set by Customer. (b) Bank will provide such notification to Customer by a method prescribed by Bank, and Customer shall have an opportunity to provide instructions to Bank prior to a designated cut-off time ("Cut-Off Time"}s, and in a manner and form acceptable to the Bank, to either (a) allow the debit Entries and/or credit Entries to post rather than returning them (where the Customer's Block rule specifies return of such Entry), or (b} return the debit Entries and/or credit Entries instead of allowing them to be processed (where the Customer's Block rule specifies processing of such transactions). If the Customer does not provide such instructions prior to such designated cut-off time or if an Entry with a same day effective date is received after such designated cut-off time, Bank will disposition such Entries in accordance with the Customer's established ACH Transaction Block rules for that account.
(c) Additionally, Customer may provide instructions to Bank prior to a designated Entry cut-off time, and in a manner and form acceptable to the Bank to add allowable or non-allowable IDs to their ACH Transaction Blocking profile rule directly from transactions details presented for decisioning.
(d) Settlement and availability of funds may be delayed as a result of an ACH transaction held until the Cut-Off Time.
PN: 2890303 DOC ID: 4 Page 24 of 43
Docusign Envelope ID: A4FB2E76-1 D5B-4C3C-BC08-8A6A5D0788CD
3. ACH Transaction Review
(a) Service. Bank provides a service that allows Customer to review ACH debit and credit entries originated and posted to Customer's account with Bank and to instruct Bank to return some or all of these transactions. Customer shall use filter criteria available through the service to select the types or categories of incoming ACH debit and/or credit transactions it wishes to review or Customer may elect to review all incoming ACH transactions subject to Section 2(d) below.
(b) Review and Return Process. Based upon the filter.J:riteria selected by the Customer, ACH transactions meeting that criteria will be made available for Customer to review not later than a designated time on the banking day following the day on which the transactions are posted to the Customer's account. The deta ils provided by Bank for each entry will include account number, dollar amount, ACH Company ID, receiver's name, standard entry class code and settlement date. (c) Customer shall advise Bank by means of an agreed upon transmission method not later than Bank's desig nated cut-off lime on the same day as transaction information is made available for those transactions, if any, that are unauthorized and that Customer wishes to return. Bank is entitled to rely on any instructions which it receives and which it reasonably believes to be genuine. Bank shall return all such transactions and make corresponding adjustments to the Customer's account to which the transactions had been posted. All transactions reported to Customer as to which Bank do es not receive a timely return instruction from Customer will remain posted or be returned based on the Transaction Review profile default decision setting established by the Customer. (d) Certain Reviewed Transactions Maybe Returned/Posted Despite Instructions. Certain transactions reviewed and approved by the Customer may nevertheless be returned by the Bank. This will happen if (i) there are insufficient funds in the Customer's account to cover the am ount of an ACH debit or other charge, (ii) a stop payment was previously placed on the. transaction, or (iii) the Bank determines the transaction must be returned for legal or regulatory reasons. Certain transactions that the Customer advises should be returned may nevertheless be posted by the Bank; these include ACH debits or credits to the Customer's account that the Bank posts pursuant to its internal procedures in order to comply with applicable law, regulations or payment system rules or guidance.
4. ACH Transactions Not Subject to ACH Transaction Bloc king, ACH Transaction Blocking with Positive Pay or ACH Transaction Review.
Notwithstanding anything to the contrary in these Service terms, the following types of ACH transactions will not be made available for Customer's review and decisi oning:
• debits or credits to Customer's account to offset any ACH entries originated by Customer through Bank ; • reversals of previously received ACH entries.
• returns or reversals by the RDFI of ACH entries originated by Customer through Bank; • reclamation entries;
• debits or credits to Customer's account initiated by Bank or Bank's agent or affiliate to correct processing errors, effect back valuations, make other adjustments, or to comply with legal requirements or for fees or charges Customer owes Bank or Bank's affiliates; and • if Customer is also subscribing to the ACH Transaction Blocking service, any transactions blocked and returned pursuant to that service.
5. Incorporation of Account Documen tation. The provisions of the account documentation, including terms and conditions governing the operation of business accounts and services, are incorporated into these Service Terms by reference. By acknowledging or signing the applicable account documentation or by using or continuing to use the ACH Transaction Blocking and/or Transaction Review Services, Customer agrees to these Service Terms.
C. LOCKBOX SERVICE TER MS
Lockbox is a remittance processing Service offered to customers to support their accounts receivables business needs. Through this service, the Customer's remittance depos its are sent to a Post Office Box and picked up by the Bank and delivered to or via courier for further processing and posting to the Customer's deposit account.
1. Lockbox Service. The Bank shall provide the Customer remittance processing and deposit services as described in these Service Terms (the "Service· or "Lockbox Service') to support its accounts receivables business needs. Through this Service, the Customer's remittances are sent to a designated post office box ("Post Office Box") and/or delivered to or via courier to the designated Bank location by the Customer. The Bank will maintain the Post Office Box for the Customer's remittances and will have unrestricted and exclusive access to the Post Office Box while providing the Lockbox Service. The Bank may direct the Customer to include specific codes or formats within its assigned address in order to ensure mail is identified correctly. The Customer is responsi ble for ensuring its customers' payments to Customer are properly addressed in order to prevent delays in processing. Customer agrees not to send cash to the Bank in connection with the Lockbox Service.
The Bank will collect all mail from the desig nated Post Office Box and deliver ii to the Bank's lockbox processing site(s) . The Bank will open the mail, process the remittance information and process the checks or cheques (collectively, "checks') eligible for this Service (the "Items") in accordance with the Customer's instructions and the Statement of Work and/or Service Guide (as such terms are defined below), if applicable.
Upon completion of the remittance processing work, Bank will image the eligible Items and process them for credit to the Customer account or process for collection the Items received, except: (i) Items which the Customer has instructed the Bank in writing, and the Bank has agreed not to process; (ii) Items which the Bank believes should receive the Custome r's special attention; (iii) Items for which the Customer is not the payee, unless (x) the Customer has instructed the Bank to accept all payees or (y) the Customer has provided proper authorization to process for credit or collection of such Items; and (iv) any other matter or merchandise received (collectively, "Remittance Processing"). The Bank will not process PN: 2890303 DOC ID: 4 Page 25 of 43
Docusign Envelope ID: A4FB2E76-1D 5B-4C3C-BC08-8A6A5D0788CD such excepted Items or other matters or merchandise, but will forward them to the Customer unprocessed. The Bank assumes no responsib ility for the inadvertent processing of Items excepted from processing. The Bank will process credit card payments as point of sale transactions, obtaining authorization as required by applicable card rules; provided , however, the Bank will not place phone calls for auth orization of referrals or process credit transactions. The Bank shall not be deemed a merchant processor and shall not be liable for any data entry errors or any chargeback. The Bank assumes no liability for any matter or merchandise received through the Post Office which is not a depositable Item, including cash. Any failure by the Bank to process an Item other than as provided herein does not constitute a failure by the Bank to exercise ordinary care. The Customer irrevocably appoints the Bank (and all persons the Bank desig nates in connection with the Lockbox Service) to endorse Items with the Customer's name. The Customer shall be liable to the Bank as a general endorser on all Items processed by the Bank and shall be deemed to make all of the warranties of a transferor of such Item under applicable law. (a) The Customers requiring "Caller Service" or "Business Reply Mail Service" (as such terms are used by the United States Postal Services ("US PS")) or any similar service at the USPS or Canada Post Corporation ("CPC") for remittance collection must obtain prior approval from the Bank. Upon approval, the Customer will secure such services directly with the USPS or the CPC, as the case may be, and ensure the Bank is authorized to collect the mail. The Bank shall not be responsible for delays in processing due to the Customer's failure to pay the USPS or the CPC, as the case may be, for such services or any other action taken or not taken by the USPS or the CPC, as the case may be.
(b) The Bank may, at its sole discretion, provide the Customer additio nal optional Services including, without limitation, Decision Manager (as defined below), non-deposit remittance Items (i.e., the Bank will process and deposit only Items that meet the Customer directed rules for deposit), early transmission of remittance data, customized grouping and sorting of Items (i.e ., the Customer instructs the Bank to further group and sort the contents of its mail according to criteria specified by the Customer) and imaging and additional data capture require ments of remittance data to create customized transmission files and reporting (collectively, the 'Value Add Services") . The Customer shall submit to the Bank a completed implementation requirements documen t (the "Statement of Work") instructing the Bank to perform the Value Add Services agreed to by the Customer and the Bank. The Customer may receive user guides and other materials ("Service Guides") setting forth the terms and conditions upon which such Value Added Services shall be provided to the Customer by the Bank. The Customer acknowledges and agrees that Remittance Processing and, if applicable, the provision of Value Add Services (collectively, "Pre-Deposit Processi ng") may result in Items not being deposited until completion of such Pre-Deposit Processing in accordance with Customer 's instructions. Decision manager ("Decision Manager") is an exception workflow tool to which clients can subscribe. Upon the Bank's review of the mail and rem ittance information for Items that do not meet a Customer's specified requireme nts for deposit (e.g., check and invoice amounts do not match, incorrect payee name, incorrect amount, etc.) or reported as processing exceptions ("Exception Items"). the Bank will notify the Customer of such Exception Items by posting such Exception Items on a des ignated website or application. The Customer must commun icate its decisio n for Exception Items within the deadline indicated in the Statem ent of Work. The Customer agrees that the Bank shall not deposit such Exception Items until the Bank receives an instruction from the Customer. If the Customer fails to provide an instruction within the timeline specified, the Bank will either return the Item unprocessed to the Customer or follow the default instruction specified in the Statement of Work. (c) If the amo unt of an Item written in words and figures differ, the Item will be processed for amount written in words. If the Item is accompanied by an invoice or statement and the amo unt on the statement matches the amount written in figures, and the Customer has requested, and the Bank has agreed , to process such Item for the amount written in figures, the Item may be processed for the amount written in figures. In the event the Bank processes the Item for the amo unt written in figures, the Customer indemnifies the Bank for any claim which may arise from that action.
(d) The Service is limited to Items drawn on domestic banks so to the extent the Bank notices that any Items drawn on foreign banks have been deposited, such Items shall be forwarded to the Customer as unprocessable; provided, however, upon Customer 's request, but at the sole discretion of the Bank, the Bank may process or collect foreign checks on behalf of Customer subject to terms and conditions in the Account Docum entation.
2. Avai labil ity Schedule. The Bank will deposit eligible Items to the Customer's des ignated deposit accou nt in accordance with the Bank's Availability Schedule provided to the Customer. The Customer agrees that Items that requ ire special handling may receive delayed availability.
3. Returned Items; Re-presentment. If any Item is rejected, reversed, or returned to the Bank unpaid for any reason or there is a claim involving an Item deposited to the Customer Account, the Bank will charge back that Item, together with any fees or other amounts allowed on such claims or for returned Items, against the Customer Account, regardless of whether such debit causes an overdraft to the Customer Account. If, however, the Bank has been instructed in writing by the Customer to re-present Items which have been dish onored or returned to the Bank unpaid for reasons other than account closed, the Bank may do so automatic ally and without notice to the Customer, and the Bank reserves the same rights to debit the Customer Account should any such Items remain unpaid after the re-presentment.
4. Original Documents; Image Storage. Unless the Bank has agreed otherwise, the Bank will image all Items and associated remittances and retain original documen ts on site for no longer than fourteen (14) days. All original documents will be destroyed fourteen (14) days after processing. The Bank will store Imaged Items for a period of seven (7) years from the date of the applicable transaction regardless of any additional imaging service requested by the Customer If the Customer elects, the Bank will provide images of the Items ("Imaged Items") received together with images of related documents ("Imaged Docum ents"), through a delivery media ("Delivery Media") at the intervals agreed upon between the Bank and the Customer. If the Customer elects storage of Imaged Documents, the Bank will store Imaged Docum ents for a period of thirty (30) days (Sh ort Term Storage) to ten (10) years (Long Term Storage) from the processing date of the applicab le transaction, per the Customer's sel ection. If the Customer elects to image and not store Imaged Docum ents with the Bank, such images will be delivered to the Customer through the Delivery Media.
5. Secu rity for Imaged Items. The Bank has specified Secur ity Procedures for receiving and accessing Imaged Items, Imaged Documents and lockbox transaction data. The Bank is not obligated to send any images or data or allow access through the Delivery Media to any images or PN: 2890303 DOC ID: 4 Page 26 of 43
Docusign Envelope ID: A4FB2E76-1DSB-4C3C-BC08-8A6ASD0788CD data which are not requested or accessed in accordance with the Security Procedur es. The Customer ackn owledges that once ii has accessed images by any Delivery Media, persons having access to the Customer's computers and image archives may have access to the Imaged Items, Imaged Documen ts and lockbox transaction data.
6. Accu racy; Leg ibil ity. The information delivered to the Customer through the Delivery Media will be the same as the information in the data entry file provided to the Customer for the applicable time period. If the data entry file contains errors, those errors will also occur on the Delivery Media. The Bank will provide images that are as legible as possible given the legibility of the underlying remittance docume nts and the selected Delivery Media. The Bank has no liability or responsibility for the condition of the original remittance items provided to the Bank, and it reserves the right to review and approve sample remittance items for legibility prior to providing this Service. The Customer is responsible for reviewing images obtained through the Delivery Media and to promptly notify the Bank of any images that are not clear.
7. Disclos ures. As between the Customer and the Customer's clients, if applicable, certain payments collected hereunder may be subject to various cut-off times and payment deadlines (the "Disclosures"). The Customer acknowledges and agrees that the Bank has no duty to inquire as to the content of any such Disclosures, is not bound by them, and makes no representations or warranties, explicitly or implicitly, regarding same.
The Customer is responsible for ensuring that the processing and payment cut-off times established by the Bank are in compliance with the Disclosures and the Customer's responsibilities under applicable laws and regulations.
D. COIN AND CURRENC Y SER VICE TERMS
Coin and Currency Services, also referred to as Cash Vault Services, provides coin and currency delivery and deposit services to companies that use large quantities of cash. With a nationwide vault network, Customers can place orders for coin and currency, make deposits and track activity by location through electronic reporting options.
1. Cash Orders
1.1. Placement of Cash Orders. The Customer may issue written instructions for the Bank to release United States coin and currency ("Cash") to an armored courier service (the "Courier'') as designated by the Customer in accordance with the Bank's guidelines ("Cash Order"). The Customer ackn owledges that Cash Orders may be transmitted to the Bank only during such times as set forth in the guidelines. The Bank is authorized to debit the account of the Customer designated in the Cash Order for the am ount set forth in the Cash Order. If the Bank has agreed to such an arrangement, the Customer may also place a Cash Order directly at one of the Bank's branch locations by issuing a check to debit the Customer's account at the Bank or as a "cash for cash" exchange. If there are insufficient funds in the designated account, the Bank is auth orized to refuse the Cash Order, to fill a partial Cash Order or to debit the designated account even if such debit causes an overdraft, or to debit any other account of the Customer at the Bank.
1. 2. Cash Order Lim its. The Bank and the Customer may agree to limit the amount of Cash that may be delivered pursuant to a Cash Order ("Cash Limit").
1. 3. Discrepancies for Cash Orders. All Cash Orders must be validated by the Customer within 24 hours of receipt. If a currency strap, coin bag or wrapped coin discrepancy is identified, the Customer may contact Cash Services Customer Support at 888-872-0517 to request a Cash Order Claim Form. The completed form and proper documentation must be sent to the Bank and post marked within 48 hours of receipt of the Cash Order. Any claims post marked after the 48 hour period may be denied and the Customer will have no right to refuse or receive an adjustment after such time period.
1. 4. Cancellations and Amendm ents. A Cash Order may be cancelled by the Customer telephonical ly, electronically or in writing by a person the Bank reasonably believes to be authorized to act on behalf of the Customer and only if the cancellation is received within a reasonable time before the Cash is delivered to the Courier ("Cancellation"). A Cash Order may only be amended telephoni cally and the Bank will not be responsible for any change in a Cash Order it has received. Any attempt to amend a Cash Order electronica lly may result in du plicate Cash being delivered.
1. 5. Notice of Rejection/Execution. If the Bank rejects a Cash Order request, it will promptly notify the Customer of the reason. The Bank will notify the Customer when it has executed a Cash Order. Unless, within three (3) business days after receipt of notification of the execution of a Cash Order the Customer notifies the Bank in writing that a Cash Order was unauthor ized or otherwise une nforceable against the Customer, the Bank shall not be liable for executing the Cash Order as notified, including any loss of interest.
1. 6. Secu rity Procedure. The Bank must receive a Cash Order using a touch-tone telephone, or other electronic commu nications device mutually agreed upon by the Customer and the Bank, based upon codes assigned by the Bank to the Customer that identify the Customer and the location (collectively, "Codes"). The Customer agrees that use of the Codes constitutes a security procedure for verifying the authe nticity of the C.ash Order as being that of the Customer ("Security Procedur e")... The Customer and the Bank will maintain reasona ble security and control of the Codes. The Bank is not responsible or liable for detecting any error in the transmission or content of any Cash Order or Cancellation and the Security Procedur e is not intended to detect any such error. No agreement or instruction of the Customer restricting acceptance of any Cash Order or Cancellation is binding on the Bank, except as set forth in these Service Terms or in a writing signed by the Customer and the Bank. These Secu rity Procedures do not apply to Cash Order requests made by the Customer at one of our branch locations when the Customer is making a "cash for cash" exchange or issuing a check to debit the Customer's account at the Bank.
1. 7. Geographical Lim itations. The Customer represents and warrants that all Cash Orders will be used by Customer in its normal course of business at the Customer's store/office locations in the United States.
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Docusign Envelope ID: A4FB2E76-1D5B-4C3C-BC08-8A6A5D0788CD
2. Cash Deposi ts
2.1. Standard Courier Service. The Customer may deliver and pick up shipments of Cash or checks to or from the Bank by using the services of a Courier that has been authorized by the Bank, who will act solely as the Customer's agent. The Courier must comply with the Bank's guidelines, as amended from time to time, and must main tain all licenses and permits required by law in addition to adequate insurance to cover its liabilities in providing courier services to the Customer. The Bank may refuse to permit any courier to enter its premises with or without cause, in which case the Bank will use reasonable efforts to promptly notify the Customer. With regard to Customer's Courier, Customer is responsible for any individual's actions while at the Bank's facilities including theft, property damage, intentional crimes and any other act or omission even if such actions would be considered outside the scope of their employment and whether the individual is impersonating an employee of the courier if the Bank has followed its customary procedures for identifying the individual.
2.2. Deposit Presentment and Processing for Standard Courier Service. With regard to deposits delivered to one of the Bank's vault locations, the Customer's Courier must deliver deposits in sealed tamper-proof plastic security deposit bags that meet the standards described in the Bank's guidelines and contain only Cash and checks. The bags may also contain food stamps if the Customer provides proof satisfactory to the Bank of the Customer's auth ority to redeem food stamps. The Bank will open the bags and process the deposits. (a) Delivery to Vault. If the Bank agrees to accept the Customer deposits at a vault location, the Bank will provide a receipt indicating the number of bags it has received. This receipt is not an acknowledgment of the contents of any bag, nor is any telephonic or other acknowledgment of a deposit of which the Customer notifies the Bank by telephone or by electronic means. (b) Delivery to Branch for Delayed Processing. If the Bank agrees to accept the Customer deposits at a branch location, the Bank will not verify the amount of the deposits at the time of receipt but will provide the Customer with a receipt showing the amount indicated in the Customer's deposit slip. This receipt is not an acknowledgment of the contents of any bag.
2.3. Courier Service through the use of a Smart Safe or Recycler Machine. The Customer may use the services of a courier that has been authorized by the Bank, who will act solely as the Customer's agent. The courier must comply with the Bank's guidelines, as amended from time to lime, and must maintain all licenses and permits required by law in addition to adequate insurance to cover its liabilities in providing courier services. The Bank may refuse to permit any courier to enter its premises with or without cause, in which case the Bank will use reasonable efforts to promptly notify the Customer. The Customer will receive Advance Credit only for Cash placed in Deposit Cassette (as defined below) component of the machine. The Customer's courier is authorized to transmit the Cash information only with regard to the Deposit Cassette component of the machine to the Bank on the Customer's behalf and the Bank, upon receipt of such data transmission, will provide provisional credit to the Customer's designated account. The courier will deliver the Cash to the Bank as directed by the Bank at the Customer's expense. The Customer authorizes the Bank to instruct the courier to pick up any Cash for which the Bank has given provisional credit at any time at the Customer's expense. For purpose of these Service Terms, "Deposit Cassette" is the component of the machine whereby the Customer places Cash into such component and only the courier is able to access such Cash once ii is placed in the Deposit Cassette.
2.4. Deposit Presentment and Processing through the use of a Smart Safe or Recycler Machin e. The Customer agrees that once the Cash is in the Deposit Cassette component of the machine, the Customer no longer has any ownership, control or rights with regard to the physical Cash and that the Bank is authorized to rely upon the transmitted information from the Customer's courier with regard to deposits or adjustments to the Customer's deposit account with the Bank. Once the Customer's courier has completed the verification of the Cash from the Deposit Cassette component of the machine and has transmitted the deposiUadjustment information to the Bank, the Cash is then placed into the Bank's inventory at the courier's location. In the event of a dispute related to the amount credited to the Customer's deposit account, the Customer will initiate its claim and request for an investigation with its courier.
2.5. Discrepancies. All deposits are subject to verification. If there are differences between the amount credited by the Bank and the amount shown on the deposit slip prepared by the Customer, the receipt provided to the Customer or its agent upon initial presentment or the transmission received from the courier on the Customer's behalf, the currency will be re-counted for discrepancies over the minimum amount specified in the Cash Vault Services Product Guide, the "Thresh old" amount, the Customer's representative designated in the service implementation questionnaire will be notified of the adjustment, and an adjustment fee will be charged. If the discrepancy is in the Threshold amount or less, the Bank will not adjust the Customer's account, the Bank will retain the discrepancy amount, and no adjustment fee will be charged. The Bank's determ ination and records as to its receipt of any bag and as to the contents of any bag is conclusive and binding on the Customer.
2.6. Relationship upon Delivery of Bags. Until the Bank recounts the contents of the bags and enters a final credit to the Customer's account, the Bank is not responsible for any claimed contents of the bags. The Customer should not include anything in a bag other than Cash and its deposit slip, and the Bank shall have no responsibility or liability if there is any other property included or claimed to have been included in a bag ...
2.7. Deliv ery to Unattended Facil ity. If the Bank agrees to allow the Customer to use one of the Bank's unattended facilities (including but not limited to a night depository or commercial ATM), the Bank may provide the Customer with an access device (such as a key or card that may require a personal identification number ("PIN"). The Customer must return all access devices to the Bank upon request. The Bank will process any de posits delivered to an unattended facility as provided for in the Bank's guidelines. If the Customer receives a receipt from an unattended facility, the receipt is not an acknowledgment of the contents of any bag or of the receipt of any bag. While the Customer or the Customer's Courier is physically present at one of the Bank's unattended facilities, the Customer is a licensee only and the Bank has no responsibility for the safety of the Customer or its Courier while at such facility.
2.8. Liabil ity at Una ttended Facility. The Customer assumes all risks of using any unattended facilities, including risks of theft, robbery and personal injury; the Bank is not responsible if a facility fails to operate properly in any way, including failing to open, close, lock or unlock. II is the Customer's responsibility to verify that its bags have dropped down completely into the facility, and the Customer agrees that it will not PN: 2890303 DOC ID : 4 Page 28 of 43
Docusign Envelope ID: A4FB2E76-1 D5B-4C3C-BC08-8A6A5D0788CD leave any bags in any facility that does not appear to be operating properly. The Bank will not be liable to the Customer if any unattended facility, tele-entry or online system is closed or otherwise unavailable for use at any time.
2.9. Geographical Lim itations of Cash Deposits. Cash Deposits must be delivered to the Bank by Customer's courier and from Customer's physical store/office locations in the United States. Cross-border cash deposits (i.e., cash brought into the United States from outside the United States) are strictly prohibited
E. POSITI VE PAY REVE RSE POSIT IVE PAY AND PAYEE VER IFICA TION TERMS JPMorgan Ch ase Bank, N.A, (the "Bank") will provide Customer, in accordance with the provisions set forth in these Positive Pay, Reverse Positive Pay and Payee Verification Service Terms (these "Service Terms"), with one or more of the services listed below (each a "Service") that help prevent check fraud on deposit accounts by identifying discrepancies between checks ("Items") presented to the Bank for payment from the Customer's demand deposit account associated with the Service (the "Account") and those Items that are issued by Customer. The provisions of the Bank's account documentation, including terms and conditions governing the operation of business accounts and services as well as other service guides or material (the "Account Documentation") are incorporated into these Service Terms by reference. By signing the applicable Account Documentation or by using or continuing to use any of these Services, the Customer agrees to these Service Terms.
1. Services.
With Positive Pay, the Customer sends check issuance information to the Bank and the Bank compares such information to Items being presented for payment. With Reverse Positive Pay, the Bank sends the Customer information on Items that have been presented for payment. and the Customer does its own comparison. Payee Verification is an enhan ced feature for Positive Pay whereby the Customer includes payee name information, and the Bank compares such information against the payee names on Items that have been presented for payment. As a condition precedent for receiving Payee Verification, the Customer must be receiving Positive Pay in connection with the same Account.
2. Issuance Information.
The following information is defined as "Issuance Information" for each Item: (i) Account number on which the Item is drawn; (ii) Item serial number; (iii) dollar amount; (iv) issue date (not as part of Reverse Positive Pay); and (v) for Payee Verification only, the payee name. For Positive Pay and Payee Verification, the Customer must provide the Bank the Issuance Information by the banking day on which the Customer issues Items by means of a mutuall y-agreed-upon transmission method. With Positive Pay, the Bank will compare items (i), (ii) and (iii) (and, in the case of Payee Verification, item (v)) of the Issuance Information with the applicable information from the Items presented to the Bank for payment against the Account. If Customer has properly set up an issue date limitation, then Bank will compare the date the Item has been paid with the issue date in the Issuance Information. For Reverse Positive Pay, the Bank will provide the Customer access to the Issuance Information, and the Customer will compare such information with the Items Customer has issued.
3. Discrepancies.
For Positive Pay and Payee Verification, if an Item is presented to the Bank for which it has not received timely Issuance Information or that contains information different from the Issuance Information for that Item, the Bank will notify the Customer by means of a mutually agreed upon method, by the designated lime of the Banking Day following the Banking Day the Item is presented to the Bank for payment. If Customer fails to provide the Issuance Information (including, in the case of Payee Verification, the payee name) in the file format required by the Bank, the Bank will not be liable for failing to detect any discrepancy between the Item and the Issuance Information or for processing and payment of such Item. The Customer shall advise the Bank by means of a mutual ly agreed upon method by the designated time on that same Banking Day whether any such Item is authorized for payment ("Presentment Decision"). In the event that the Customer fails to timely inform the Bank about any Item for which a Presentment Decision is requested, the Bank is authorized to return such Item unless otherwise agreed by the Customer and the Bank. For Reverse Positive Pay, the Bank will provide access to the Issuance Information to the Customer of Items presented for payment; the Customer shall advise the Bank by means of a mutually agreed upon method by the designated time on that same Banking Day whether any such Item is not authorized for payment, and in the event that the Customer fails to timely inform the Bank as required, the Bank is authorized to pay such ltem(s) unle ss otherwise agreed by the Customer and the Bank. The Bank is entitled to rely on any Instructions by the Customer which it receives and which it reasonably believes to be genuine. If a Customer attempts to change an Instruction previously given by sending an email or other message to the Bank, the Bank may, but has no obligation to, act upon such change request. "Banking Day" means any day other than a Saturday, Sunday or other day on which Bank is or is authorized or required by law to be open for business.
4. Payee Verification Additional Terms.
For Payee Verification, Customer acknowledges that Items which have been converted to ACH transactions prior to being presented for payment will not be elig ible for this service and the payee name information will not be compared to the Issuance Information for Items that have been converted to ACH transactions. The Bank reserves the right to set a threshold amount for Items (as may be revised by the Bank from time to time) to be reviewed under the Payee Verification service (the "Threshold Amount"). The Items below the Threshold Amount will be handled according to the standard Account Documentation governing the Customer's Account; however, Customer will not be liable for such Items if the discrepancy would have otherwise been detected under this Service. With regard to Payee Verification, the Bank will compare the payee name provided in the Issuance Information to the payee lines contained in the name/address block identified on the Item (presented as provided for in the Bank's set-up requiremen ts) and will otherwise be limited to those parameters specifically agreed to by the Customer and Bank. Customer understands that Bank will not be liable to Customer (i) for any discrepancy in the payee name if the discrepancy was not detected due to the check stock or the print format of the Item not passing the Bank's testing (including, without limitation, with respect to the payee name placement) or (ii) for any discrepancy in the payee name if the payee name was handwritten on the Item.
5. Voided Items and Stop Payments.
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Docusign Envelope ID: A4FB2E76-1D5 B-4C3C-BC08-8A6A5D0788CD For any Item listed on Customer's Issu ance Information which Customer decides it no longer wishes to pay: (a) if the Item is physically in the Customer's possession, Customer may place a void notice in the Issuance Information for such Item, or (b) if the Item is no longer physically in its possession, the Customer must place a stop payment request with the Bank in accordan ce with the Bank's requirements and the Account Docum entation. If the Customer does not place a stop payment request for an Item not physically in Customer's possession as set forth in (b) above and instead places a void notice, Customer agrees (i) that Bank may debit the Customer's account for the payment of such Item and (ii) that Customer will be liable to Bank for any damages Bank may suffer as a result of the Customer's failure to place a stop payment on such Item.
6. Item Payment.
The Bank is not obligated to maintain signature cards for the Account and whether or not the Bank does maintain such signature cards, in no event shall the Bank be obligated to inspect any Item for the presence or authenticity of any signature or to determine whether any signature is authorized.
The Customer acknowledges that the Bank's adherence to these procedures in these terms, in lieu of signature examination, will constitute the exercise of good faith and ordinary care by the Bank in handling Items presented for payment against the Account.
7. Over the Counter Presentment and Encash ment.
The Bank may, without liability to the Customer, refuse to pay any Item presented for encashment at any of the Bank's branch locations. If an Item is presented for encashment or deposit at one of the Bank's branch locations at the teller line and the account is under the Positive Pay or Payee Verification Service, the Customer auth orizes the Bank to pay such Item at the teller line based upon the Issuance Information. If an Item is presented for encashment at one of the Bank's branch locations at the teller line and the account is under the Reverse Positive Pay Service, (i) the Customer authorizes the Bank to pay such Item pursuant to the Bank's policies and procedures for encashment, (ii) Customer assumes the risk of any loss that would have been prevented through the use of Positive Pay or Payee Verification services; and (iii) Customer agrees to unconditio nally release, indemnify and hold harmless the Bank against any and all liability loss or claim relating to an Item being cashed or returned over-the counter. The Bank may charge a person who cashes an Item drawn on the Customer's Account a fee at the time of encashment.
8. Non- Standar d Items.
The Service(s) shall not apply to any Item that does not meet the Bank's set-up requiremen ts for Items to be eligible for the Services (including, without limitation, any Item printed without magnetic ink character recognition (MICR), any Item which has a MI CR line in a location unacc eptable to Bank, or any Item which may be printed on various printing devices that allow size or font to vary) ("N on-Standard Items'). Customer acknowledges that (i) the use of Non-Standard Items may increase the likelihood of fraud, such Non-Standard Items may not be accepted for deposit at financial institutions, and the use of Non-Standard Items may lead to processing delays in the failure of such Non-Standard Items to systemically be matched to the Issuance Information at the time they are presented to the Bank for payment, and (ii) the use of Non-Standard Items may result in the Bank's fraud protection services not being able to operate as designed such that Non-Standard Items may not be able to be returned within the legal timeframe. Customer acknowledges that Non-Standard Items may be treated as non-cash items for purposes of Regulation CC.
Customer agrees that the Bank may, without liability to Customer, refuse to deposit any Non-Standard Item, including, without limitation, refusing to accept the deposit at any of the Bank's branch locations. Customer agrees that Customer's decision to use Non-Standard Items which result in the inability to meet the formatting standards required by the Bank's Service(s) to operate as designed (systemic matching of the Issuan ce Information to the Item at the time it is presented for payment) constitutes negligence contributing to the making of an unauthorized signature and/or a material alteration of the Item (collectively "Unautho rized Item") in situations where a Non-Standard Item is paid against the Customer's account that the Customer claims is an Unauth orized Item, (a) Customer assumes the risk of loss to the extent that such Service (s) would have detected the Unauth orized Item if it had used check stock that met the Bank's formatting requirem ents, (b) Customer shall not claim against the Bank, and the Bank shall have no obligation or liability to Customer to recredit any such account for any such loss, and (c) the Bank will have exercised ordinary care if it pays an Item drawn on any Customer account based upon industry standards without any further inspection of any such Item, even if it is an Unauth orized Item.
9. Inc omple te Activati ons and Service Suspensions.
Customer agrees that the Bank shall have no obligation or liability to Customer in accordance with these Service Terms (i) in the event the Services are suspended by Bank in accordance with the Account Documentation; or (ii) prior to Customer taking all required steps to fully implement the Services (including, without limitation, Customer's final activation of the Service (i. e., actioning "pending positive pay") on the applicable Bank electronic channel). Customer also understands that it may be billed for the Services notwithstanding that it has not taken all required steps to fully implement the Services.
F. CONTR OLLED DISBUR SEMEN TS SERVICE TERMS
Controlled Disbursement Accounts help customers effectively manage the disbursement process to gain control over idle balances and automate funding transfers and is designed to provide disbursement totals early each business day.
1. Controlled Disb ursement Account. Each controlled disbursement account ("Controlled Disbursement Account"), except as set forth herein, shall be opened and ma intained in accordance with the Account Documentation. Customer agrees that if it fails to utilize one of the Bank's positive pay services on the Controlled Disbur sement Account, that failure will constitute Customer negligence contributing to the making of any unauthorized signature and Customer assumes the risk that checks or drafts ("Items") presented against the Controlled Disbursement Account may be forged or altered, to the extent that the positive pay services the Bank offers may have prevented any loss. The Bank will have no liability for any loss related to an Item presented against the Controlled Disbursement Account which would otherwise generally have been returned under such positive pay services.
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Docusign Envelope ID: A4FB2E76-1 D5B-4C3C-BC08-8A6A5D0788CD
2. Payment of Items. Bank, on each banking day, will advise Customer of the total amount of Items drawn against the Controlled Disbursement Accounts that are presented for payment, on that day, to the Bank by a Federal Reserve Bank or another depository institution pursuant to a same day settlement arrangemen t. Bank will honor Items which are properly payable, but shall have no obligation to pay any Item should sufficient immed iately available funds to cover such Items not be transferred to the Controlled Disbursement Account in accordance with these Service Terms and the Account Documentation.
3. Over-the-Coun ter Presentment. Bank may, without liability to Customer, refuse to pay any Item presented for encashment at any of the Bank's branch locations.
4. Funding Account for Controlled Disbur sement. Customer will maintain with Bank a designated account for purposes of funding the Controlled Disbursement Account, or the funding account may be maintained at an affiliated bank or other financial institution (the "Funding Account"). Customer authorizes Bank to debit the Funding Account for the total amount of the Items presented and any funds transfers against the Controlled Disbursement Account, and to promptly transfer such amount to the Controlled Disbursement Account even though such a debit may bring about or increase an overdraft. All funds transfers from the Fund ing Account to the Controlled Disbursement Account shall be in immedia tely available funds. Customer will maintain sufficient available funds in the Funding Account to cover Items and funds transfers presented against the Controlled Disbursement Account, and the Bank shall have no obligation to transfer funds, process Items for payment or complete any funds transfers unless there are sufficient available funds in the Funding Account. The Bank is authorized to debit the Funding Account for any obligations owed directly or indirectly on the Controlled Disbursement Account. The Bank shall not be liable for failure to pay any Item presented for payment against any Controlled Disbursement Account due to insufficient funds in the Funding Account.
5. Media. Bank will transmit to Customer by the transmission method or media agreed to by Customer and Bank information regarding Customer's Controlled Disbursement Account.
6. Routing Transit Nu mber. Customer agrees to use the designated controlled disbursement account routing transit number on the Items it issues from the Controlled Disbursement Account. Customer acknowledges that if it fails to use such designated controlled disbursement account routing transit number the Bank is authorized to terminate this Service or any Service feature upon notice to the Customer.
7. Fin ancial Cond ition. In the event of the deterioration of the financial condition of the Customer, as determined in the Bank's sole discretion, the Bank may immedia tely terminate the Service, any Service feature, and/or may convert any Controlled Disbursement Account to a stand-alone demand deposit account without prior notice to the Customer.
8. Thir d Party Usage. Customer agrees that it will not permit a third party to write checks on or otherwise issue payment transactions or instructions on Custome r's Controlled Disbursement Account. Customer agrees to indemnify and hold Bank harmless from and against any and all actions, claims, deman ds, losses, liabilities or expenses whatsoever, including attorney's fees and costs, resulting directly or indirectly from Customer's breach of this Section 8. This indemnity shall survive the termination of these Service Terms. Notwithstanding anything to the contrary, Customer acknowledges that, if Customer breaches this Section 8, Bank may immed iately terminate this Service or any Service feature upon notice to the Customer.
G. IMAGE CAS H LETTER SER VICE TER MS
1. Service.
JP Morgan Chase Bank, NA (the "Bank") which may include designated agents of the Bank, will provide Customer with image cash letter services for Checks as defined below (the "Service") in accordance with the provisions set forth in this document (the " Service Terms''). The provisions of the Bank's account documentation, including account terms and conditions governing the operation of business accounts and services and the ACH Origination Service Terms as may be applicable ("Account Documentat ion") are incorporated into these Service Terms by reference. By signing the applicable Account Documentation or by using or continuing to use the Service, Customer agrees to these Service Terms.
2. Transmission and Processing.
Customer shall provide through its own methods or devices the captured check images and check data from ttie Check, including the magnetic ink character recognition formatting (MICR) information through electronic transmissions (the ''Transmissions") in the format and specifications required by the Bank's File Standards and within the cut-off times provided by the Bank. Customer authorizes Bank to process the Transmissions as substitute checks, electronic images or photos in lieu, as may be applicable for further clearing through any other financial institution, clearinghouse or Federal Reserve Bank. If the Customer is eligible and has chosen to have Checks processed as ACH transactions, Bank will convert eligible Checks to ARC or POP entries, as defined and provided for in the ACH Origination Service Terms. Customer agrees that it is solely responsible for the creation and transmission of these Transmissions to the Bank. If any Transmission (including any source document for purposes of these Service Terms) does not meet the Bank's or any transferee's standard requiremen ts for processing, Customer assumes all risk of loss or delay in processing such Transmission and authorizes the Bank to either (a) return the Transmission to the Customer without further processing, (b) process the Transmission as sent from the Customer, (c) process the Checks as photocopies in lieu of the originals, or (d) repair or attempt to repair the Transmission for further processing. Under this Service, "Checks" shall mean original paper checks and drafts drawn in US dollars on, or payable through, banks located in the United States (including Puerto Rico, Guam and the US Virgin Islands), endorsed for deposit to Customer's account at the Bank.
3. Image Cash Letter File Deposit Time.
The Transmissions must be sent to the Bank prior to the deposit deadline. Any Transmission will be deemed to have been received by the Bank when the entire file has been written onto the Bank's system and made available for the Bank to validate. Based upon the size of the Transmission file, there may be a significant delay between the time Customer begins to send the file and the completion of the transfer as stated above. As a result, Customer will make every effort to send the Transmission file as early as possible. Files that are received after ·a deposit deadline will be PN: 2890303 DOC ID: 4 Page 31 of 43
Docusign Envelope ID: A4FB2E76-1D5B-4C3C-BC08-8A6A5D0788CD considered de posited as of the next deposit deadline. Processing fees and funds availability will be assessed based on the deposit deadline that is met.
4. Customer Liabili ty.
Customer shall be solely responsi ble if any Transmission for which Customer has been given provisional credit is returned or reversed, and neither Bank nor its subcontractors shall be liable or responsible for same. Customer acknowledges that all credits received for deposit are provisional, subject to verification, final settlement or return. Information and data reported hereunder: (a) may be received prior to final posting and confirmation and is subject to correction and (b) is for informati onal purposes only and may not be relied upon. Customer agrees that Bank shall have no liability for the content of payment-related information as received from the Customer. Customer shall be solely respon sible for the original Checks, including storage and retrieval. Customer agrees to provide a legible copy of an image or the original Check if requested by the Bank within five (5) business days of such request. If Customer is unable to provide the original or legible copy, Customer shall be liable for any associated loss or claim involving the Check. Customer will not present a Transmission or the original Check or substitute check more than once to the Bank if the initial Transmission was processed as an ACH transaction and shall be responsible for any and all losses or claims resulting from the Customer presenting such Check or Transmission for payment more than once through any method.
5. Suspension /Cancel lation of Service.
Bank reserves the right to suspend or terminate the Service, in whole or in part if Bank believes Customer is in breach of these Service Terms or is otherwise using or accessing the Service in a manner inconsistent with the rules and regulations relating to the Service being provided and such breach, use or access is not cured within three business days after notice to Customer. Further, this Servi ce will automatically terminate if the Customer 's account with the Bank is closed for any reason. Either party may terminate the Service upon thirty (30) days' prior written notice to the other party; provided, however, that the terms of Section 9 will apply to any termination prior to the time period set forth in the Pricing Schedule.
6. Intellectual Property Ownership.
Neither these Service Terms nor the provision of the Service transfer to Customer any ownership or proprietary rights in the Bank's technology or any work or any part thereof, and all right, title and interest in and to the Bank's technology will remain solely with Bank or its subcontractors.
7. WARRANTIES AND DISCLAIMERS.
7.1 CUSTOMER WARRANTY. CUSTOMER WARRANTS AND REPR ESENTS TO THE BANK THAT: (A) EACH TRANSMISSION CONTAINS
ACCU RATE AND LEGIBLE IMAGES OF ALL OF THE INFOR MATION ON THE FRONT AND BACK OF THE ORIGINAL CHECKS AT THE TIME EACH CHECK WAS TRUNCATED; (B) EACH TRANSMISSION ALSO CONTAINS A RECORD OF ALL APPLICABLE MICR LINE IN FORMATION REQUIRED FOR A SU BSTITUTE CHECK AND THE ACCU RATE AMOUNT OF THE CHECK; (C) EACH
TRANSMISSION CONFORMS TO THE TECHNICAL STANDARDS FOR AN ELECTRONI C ITEM SET FORTH IN REGU LATION J AND FEDERAL RESERVE BANK OPERATING CIRCU LARS AND FOR A SUBS TITUTE CHECK SET FORTH IN REGU LATION CC; (D) NO
PERSON WILL RECEIVE A TRANS FER, PRESENTMENT OR RETURN OF, OR OTHERWISE BE CHARGED FOR, THE CHECK (EITHER
THE ORIGI NAL CHECK, OR A PAPER OR ELECTRONIC REPRES ENTATION OF THE ORIGIN AL CHECK) SUCH THAT THE PERSON WILL BE ASKED TO MAKE PAYMENT BASED UPON A CHECK IT HAS ALREADY PAID; (E) CUSTOMER WILL NOT REDEPOSIT
THROUGH THIS SERVICE ANY TRANSMISSION REPR ESENTING A CHECK PREVIOUSL Y DEPOSITED AND RETURNED TO THE CUSTOMER; (F) CUSTOMER WILL EMPLOY COMME RCIALLY REASONABLE SEC URITY MEASURES AND FIREWALLS SUFF ICIENT TO PROTECT THE TRANSMISSIONS AND STORAGE TO ENSURE NO UNAUTHORIZED ACCESS OR DUP LICATE PRESENTMENT; (G) CUSTOMER WILL ONL Y TRUNC ATE AND CREATE TRANSMISSIONS FOR CHECKS THAT ORIGINATED AS PAPER CHECKS; (H) CUSTOMER HAS ESTABLI SHED AN ANTI-MONEY LAUNDERING PROGRAM IN COMPLIANCE WITH ANTI-MONEY LAUNDERING
LAWS AND REGULATIONS APPLICABLE TO IT AND SUCH ANTI-MONEY LAUNDER ING PROGRAM INCLUDES POLICIES,
PROCEDU RES AND CONTROLS DESIGNED TO DETECT AND PREVENT MONEY LAUNDERING WHICH CUSTOMER BELI EVES
EF FECTIVELY PREVENTS THE USE OF CU STOMER'S OPERATIONS, PERSON NEL OR FACILITIES FOR MONEY LAUNDERING PURPOSES; (I) CUSTOMER WILL ONL Y ACCESS THE SERVICE AND SEND TRANSMISSIONS TO THE BANK FROM LOCATIONS WITHIN THE UNITIED STATES; AND (J) CUSTOMER IS IN COMPLIANCE WITH ALL LOCAL LAWS AND REGUL ATIONS APPLICABLE TO IT IN THE USE OF THIS SERVICE.
7.2 DISCLAIMER. BANK AND ITS SUB CONTRACTORS MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS,
IMPLIED OR STATUTORY REGARDING OR RELATING TO ANY OF THE TECHNOLOGY OR SERVICE AN D/OR ACCESS TO OR USE OF THE SERVICE OR TECHNOLOGY PROVI DED TO CUSTOMER HEREUNDER. BANK AND ITS SUB CONTRACTORS SPECIFIC ALLY
DISCLAIM ANY AND ALL IMPLIED WARRANTIES OF MER CHANTABILIT Y, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRI NGEMEN T. CUSTOMER ACKNOWLEDGES THAT THERE ARE CERTAIN SECURI TY, CORRU PTION, TRANSM ISSION
ERROR AND ACCESS AVAILABIL ITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND CUSTOMER ASSUMES ALL SUCH RISKS. CUSTOMER SHALL MAKE AN INDEPENDEN T ASSESSMENT OF THE AD EQUACY OF THE INTERNET IN USE OF THE SERVICE PURSUANT TO THE BANK'S PROCEDURES. CUS TOMER FUR THER ACKNOWLEDGES
THAT THE SE LECTION AND USE BY IT OF ANY THIRD PARTY SECU RITY AND COMMUNI CATIONS SOFTWARE AND THIRD PARTY
SERVICE PROVIDERS IS THE SOLE RESPONS IBILITY OF CUSTOMER, AND BANK DISCL AIMS ALL RISKS RELATED THE RETO,
NOTHWITHSTANDING THAT THE BANK MAY RECOMMEND CERTAIN SECUR ITY AN D/OR COMMUN ICATIONS SOFTWARE AND SERVICES. CUSTOMER AGREES TO, AT ITS SOLE EXPENSE, PROCURE AND MAINTAIN ALL HAR DWARE, BROWSERS,
SOFTWARE AND TELECOMMU NICATIONS EQUIPMENT NECE SSARY TO ACCESS THE SERVICE IN ACCORDANCE WITH THE BANK'S RECOMMEN DED SYSTEM CONFIG URATION.
8. INDEMNIF ICATION.
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IN ADDITION TO ITS INDEMNI FICATION OBLIGATIONS IN THE ACCOUNT TERMS, AND EXCEPT FOR LOSSES OR EXPENSES CAUSED
BY BANK'S FAILURE TO EXERCISE ORDINARY CARE OR WILLFUL MISCONDUCT, CUSTOMER AGREES TO INDEMNIFY BANK FOR ANY LOSS OR EXPENSE SUSTAINED (INCLUDING ATTORNEY'S FEES AND EXPENSES OF LITIGATION) RESULTING FROM (i) CUSTOMER'S LACK OF AUTHORITY TO MAKE THE WARRANTIES PROVIDED HEREIN; (ii) ANY ACTION TAKEN OR NOT TAKEN BY BANK WITHIN THE SCOPE OF ITS AUTHORITY UNDER THESE SERVICE TERMS IN HANDLING A CHECK; AND (iii) A BREACH OF ANY
WARRANTY OR IN DEMN ITY REQUIRED TO BE MADE BY BANK WITH RESPECT TO A CHECK UNDER APPLICABLE LAW, CLEARING HOUSE RULE OR REGU LATION.
9. Pricing Schedule Nolume/Termination Penalties.
Bank and Customer agree to the terms of the Pricing Schedule which are incorporated herein by reference, including the length of time the Service will be provided, the charges/fees and the volumes, as may be stated in the Pricing Schedule. If Customer terminates the Service or the Service is otherwise terminated without fault of the Bank prior to the period of time set forth in the Pricing Schedule, Customer shall pay the Bank a termination fee equal to twelve (12) times the average monthly transaction fee for the Service for the period of time the Servi ce was provided to Customer.
Such termination fee shall be paid within thirty (30) days' after the effective termination date. 10 . Audit.
Customer authorizes the Bank to audit its facilities where the Checks are imaged, stored and destroyed as well as where the Transmissions are processed under this Service upon reasonable prior written notice from the Bank.
11. Customer Offering Mobile Check Delivery Application.
If Customer offers its own customers ("Customer's Client") a mobile deposit solution through the Customer's (or its vendor 's) mobile check delivery application ("Application"), allowing the Customer's customer to capture pictures of the front and back of eligible Checks from their mobile device and to send the images to Customer through the Application, Customer also represents and warrants the following:
A. Customer will only send images of Checks that are made payable to Customer.
B. Customer has established internal controls and procedures relating to Checks delivered to it through an Application, to comply with the requirements of these Service Terms.
C. Customer's Clients are required to enter into the Customer's Application service terms and conditions or a similar agreement setting forth the Customer's Client's obligations and limiting the use of the Application for only original paper checks that are made payable to the name of the Customer. Such terms shall include the Customer Client's agreement that use of the Application constitutes their issuance and delivery of the Check to the Customer, and the Customer is a holder of the Check.
D. Customer prohibits use of the Application from OFAC prohibited countries. 12 . Online Adjustments Services.
If Bank and Customer agree, Customer will submit its adjustment requests through the web-based SVPCO Online Adjustment Service ("Online Adjustment") based on the following terms:
For Customers choosing the deposit account option where they settle for the Items through the Customer's deposit account at Bank ("Deposit Account") option, Customer agrees to be bound by the SVPCO Electronic Adjustment Exchange Rules, as may be amended from time to time ("SVPCO Rules"). Bank will assist the Customer in implementing and registering for Online Adjustment. Customer will designate at least one Administrator by submi tting the Secure ID Token Form for Online Adjustments ("Form"). After the initial registration, Customer will be able to update its designated users directly through SVPCO. Bank may conclusively rely upon any information or instructions purported to be sent by the Customer through Online Adjustment. Customer agrees that Bank may charge Customer's Account for any adjustments and related fees. Customer agrees that the Bank shall have no responsibility with regard to the adjustment information transmitted through Online Adjustment. Notwithstanding anything to the contrary in these Service Terms or the Account Documentation, Online Adjustment will automatica lly terminate upon the termination or expiration of the agreement covering the SVPCO online adjustment service between Bank and The Clearing House.
H. CHECK PRINT SERVICE TER MS
The Check Print Service enables the Customer instruct the Bank to create and mail checks and/or documents on behalf of the Customer.
1. Print Orders. The Bank will execute each print order requested by the Customer which is received by the Bank in a manner described in these Service Terms or as otherwise provided by the Bank (the "Print Order''). Print Order information shall include payee names and addresses. Customer agrees that it will not include any other personally identifiable information or any protected health information in its Print Orders. Print Orders may include printing of non-payment documents ("Docume nts") if agreed to by the Bank based upon these Service Terms.
2. Che ck Pull Requests. For any Print Order received by the Bank, the Customer may request the Bank to pull a check(s) from processing by completing the Bank's manual check pull request form ("Check Pull Request"); provided, however, that a Check Pull Request will not be effective unless and until it is received by the Bank in the form required and the Bank has had a reaso nable time to act upon such request. A Print Order may not be amended or modified. The Bank has no obligation to adjust or stop the payment or posting of a Print Order it has accepted.
3. Receipt of Print Orders. The Customer shall transmit Print Orders to Bank to the location and in compliance with the formatting and other requiremen ts of the Bank set forth in its operating procedures. Bank may reject any Print Order that does not comply with these Service Terms.
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4. Issuance of Check s/Docu ments. For each Print Order accepted by the Bank, the Bank will: (a) cause a check to be printed and completed; (b) cause a laser facsimile signature authorized by the Customer to be placed on the check; (c) if agreed upon, cause other documents to be completed and included with the check issuance ("D ocuments"); and (d) mail or send the check by courier along with any Documents as agreed upon (collectively, the "Issuance"). The Customer expressly grants the Bank the authority to create and process such Issuances.
5. Notice of Rejection. The Bank will promptly notify the Customer if a Print Order is rejected by the Bank and will advise the Customer as to the reason. The notice or advice shall be deemed comme rcially reasonable if made available through the Check Print Servi ce or given electronically, orally, by telephone or facsimile transmission.
6, Control. The Bank is not responsible or liable for the detection of errors contained in any Print Order as received from the Customer and is entitled to rely on the information contained therein.
7. Reliance Upon Instructi ons. The Customer is responsible for, and the Bank may rely upon, the contents of any notice or instructions that Bank believes in good faith to be from the Customer without any independent investigation. The Bank shall have no duty to inquire into the authority of the individual giving such notice or instruction. In the event the Bank receives conflicting notices or instructions, the Bank is authorized to act on either the notice or instruction, or it can refuse to act. No restriction on the Bank's acceptance of any Print Order will be binding on the Bank, except as set forth in these Service Terms unless agreed to in writing by the Bank and the Bank has had a reasonable opportunity to act upon such change.
8. Limitation of Liabil ity.
The Bank's liability shall be limited to direct damages caused by the Bank's failure to use reasonable care. Reason able care in providing the Check Print Service shall be measured by the relevant provisions of any service levels or business requirem ents and the standard of reasonableness of the procedures established for the transaction involved. Mere inadvertence or honest mistake of judgment shall not constitute a failure to perform such obligations or a failure to exercise reasonable care and in no case will be deemed wrongful.
9. Cashier's Che cks. If the Bank creates cashier's checks under the Check Print Service, the following additional terms will apply: (a) Customer will send the cashier's check print file information ("Fi le Information") to the Bank by the Bank's cut off time on a given day ("Day One"); (b) the Customer authorizes the Bank to debit the Customer's designated account ("Funding Account") for the amounts shown on the File Information on Day One; (c) as the cashier's checks from the File Information are being processed, the account reconciliation issue file ("ARP File") must match the date of funding found in the File Information of the next banking day ("Day Two'); (d) for any cashier's check for which there is insufficient funds in the Funding Account on Day One to fund the purchase of the cashier's check, the Bank is auth orized to reject the creation of such cashier's check; (e) fully funded cashier's checks will be printed on Day Two; (f) if the Customer is using one of the Bank's online services, Customer will be able to view information regarding the cashier's checks which were funded and created and those that were rejected; (g) any information from the File Information which can not be used to create a cashier's check will be communicated to the Customer for further research and reconciliation; (h) if any cashier's check is returned as undeliverable, the cashier's check will remain outstanding in the Bank's cashier's check account and escheated according to applicable laws and regulations. If the payee of a cashier's check claims that the cashier's check was lost, stolen or destroyed before the funds are escheated, such claim will be handled in accordance with the Bank's procedures.
I. ACH TAX PAYMEN T SE RVICE TE RMS
1. Service. Bank will provide a service (the "Service') whereby Customer can direct Bank, via touchtone telephone or internet platform, to make tax payments through the automated clearing house (ACH) system from an account with Bank that Customer specifies. Customer may use the service to pay:
• any federal taxes covered by the Federal Tax Deposit Coupons (Form 8109) that Customer has executed and delivered to Bank from time to time;
• certain state taxes; and
• certain municipal taxes.
Bank may pay taxes from Customer's account in accordance with any instructions issued in Customer's name that Bank verifies pursuant to the security procedures specified in these Service Terms. In using the Service, Customer agrees to comply with and be bound by the Operating Rules of the National Automated Clearing House Association ("NACHA Rules").
2. Receipt of Instructions and Cancel lations. Customer may issue instructions and cancellations only during service hours that Bank specifies, and Customer acknowledges that Bank may change such service hours upon prior notice to Customer. Bank must receive instructions, including but not limited to payment cancellation instructions, not later than 6:00 p.m. ET (or such other time as Bank specifies) on the Business Day prior to the day on which the tax payment is due. For purposes of this Section, "Business Day" means a day on which the Bank is open for business in its New York office. Instructions received after such time shall not be processed until the following business day and Customer shall be liable for any charges, fees or costs associated with such payment. Bank may reject or delay processing of a tax payment if the request is not complete or is inaccurate or otherwise does not meet the criteria Bank specifies for acceptance herein or in the User Guide (as hereafter defined).
The Service is not designed or intended to be used for any ACH tax payment that is required to be formatted as an "Inte rnational ACH Transaction" (or IAT) under the NACHA Rules. Customer agrees not to use or attempt to use the Service to originate any ACH tax payment that is required to be formatted under the NACHA Rules as an "International ACH Transaction" (or IAT). Customer shall indemnify and hold Bank harmless from and PN: 2890303 DOC ID: 4 Page 34 of 43
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3. Tax Payment Secu rity Proced ures.
(a) A Bank-issued or approved access code and PIN and/or other security device ("Security Device") is required to access the Service. The Customer shall be bound by and adhere to the security procedures and other procedures for use of the Service advised to it in writing through any medium by the Bank, as may be revised from time to time upon notice to the Customer (the "User Guide"). The Customer shall notify the Bank immed iately of loss or theft of a Security Device, any unauthorized use of a Security Device or any other breach of security. The Bank may dishonor or disable any Security Device at any time and will inform the Customer of the same. The Customer agrees that any use of the Service with a Security Device is deemed to be carried out directly by and on behalf of the Customer. The Customer agrees to safeguard all Security Devices and to instruct each Auth orized User (as defined below) to do the same. (b) This Section 3(b) applies to use of the Service through the designated internet platform, but does not apply to touchtone telephone access.
Customer shall designate an administrator (the "Administrator") who shall have author ity in accordance with the operational instructions for the Service provided to Customer in the User Guide. Customer agrees to notify Bank of any change in Administrator in the manner and form designated by Bank. Any such changes shall be effective at such lime as Bank has received such notice and has had a reasonable opportunity to act upon it. In accordance with the procedures contained in the User Guide, the Admi nistrator shall be responsible for (i) designating individuals as users ("Authorized Users"); (ii) identifying the functions of the Service; (iii) requesting, creating, controlling, disseminating, and/or canceling user entitlements; (iv) receiving and distributing materials, notices, documents and correspondence relating to the security procedures; and (v) advising each Auth orized User of his/her obligations hereunder and under the User Guide. The Administrator shall provide to the Bank, upon the Bank's request, a list of Authorized Users.
4. Open Network Access. The Customer acknowledges that there are certain security, corruption, transmission error and access availability risks associated with using open networks such as the internet, and the Customer assumes all such risks. The Customer shall make an independent assessment of the adequacy of the internet and the Bank's security procedures. The Customer further acknowledges that the selection and use by it of any third party security and communicati ons software and third party service providers is the sole responsibility of the Customer, and the Bank disclaims all risks related thereto, notwithstanding that the Bank may recommend certain security and/or comm unications software and services. The Customer agrees to, at its sole expense, procure and maintain all hardware, browsers, software and telecommunicati ons equipment necessary to access the Service in accordance with the Bank's recommended system configuration.
5. Funding. Customer auth orizes Bank to debit Customer's applicable account for the amount of each tax payment and for any applicable bank fees and charges when due. In the event Customer does not have sufficient funds in Customer's applicable account to cover the amount of a tax payment, Bank shall have no obligation to make the tax payment for Customer. Bank may require Customer to pay Bank the amount of each tax payment on the date of transmission of the tax payment instruction or otherwise prior to the tax payment due date. Bank may from time to establish or revise maximum dollar limits for the total value of all outstanding files of tax payments that Bank will release on customer's behalf. Bank may change or cancel the limits any lime without prior notice to Customer, although Bank will try to notify Customer before Bank does that. Funds Bank receives and holds pursuant to the Service shall be held as a deposit liability to Customer and not in trust for Customer or the taxing auth ority.
6. Warranties; lndemn ity. Except as specified below, Customer will be deemed to make the same warranties to Bank as Bank makes pursuant to the NACHA Rules although Customer will not be deemed to warrant the power of the Bank under applicable law to comply with the requirements of the NACHA Rules or the conformity of tax payments and other data Bank transmits to the file specifications contained in the NACHA Rules.
Customer further represents and warrants to Bank that: (i) Customer shall not access the Service from any jurisdiction in which the Service is not authorized; and (ii) each tax payment Customer originates will comply with applicable U.S. laws and regulations and Customer acknowledges that payments may not be initiated that violate the laws of the United States.
Customer agrees to indemnify Bank and Bank's employees, officers, directors and agents, and hold all of them harmless from and against any and all claims, demands, losses, liabilities or expenses (including attorney's fees and costs) resulting directly or indirectly from (a) Customer's breach of any warranty made under this Section and (b) compliance by Bank with any request Customer makes for a cancellation, stop payment, reversal or recall of any tax payment.
Bank shall have no responsibility for any delay by any ACH Operator (as such term is defined in the NACHA Rules) or taxing auth ority in processing any tax payment Bank transmits to such entity or failure by such entity to process or apply any tax payment.
7. Stop Payments; Reversals and Recalls. Custome r's instruction to stop payment of, reverse or recall one or more tax payments must be received by Bank in such time and manner as Bank specifies. Bank will process these transactions in accordance with Bank's procedures advised to Customer. Any reversal or recall initiated by Bank is subject to acceptance by the relevant taxing auth ority. Tax payment instructions may not be amended or modified.
8. Payment Limi ts. Bank may from lime to lime establish or revise (a) maximum dollar limits for each payment to be made by the Customer to a specified taxing authority, and (b) aggregate limits for all payments to be made by the Customer to a specified taxing authority within a 24-hour period. Bank may change or cancel the limits at any time without prior notice to Customer, although Bank will endeavor to give prior notice to Customer. Bank may require Customer to pay Bank the amount of any tax payment on the date of transmission to Bank or otherwise prior to the settlement date. Bank also may require Customer to maintain collateral with Bank in an amount Bank specifies.
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9. Lim itation of Liabil ity. Bank's maximum aggregate liability in connection with the Service shall be limited as provided in the Account Documentation (as defined in Section 9 below) and shall be further limited to the lesser of the amount of any penalty or interest actually imposed by the applicable taxing authority or the total fees Customer paid Bank during the prior 12 months. 10 . Incorpora tion of Account Docu mentatio n; Termin ation. The Bank's terms governing the operation of business accounts and services ("Account Documentation") are incorporated herein, as the same may be amended from lime to time. If and to the extent that there is a conflict between the Account Docum entation and these Service Terms, the provisions of these Service Terms shall prevail. In addition to Bank's termination rights under the Account Documentation, Bank shall have the right to terminate or suspend these Service Terms and the Service upon notice to Customer in the event of Customer's breach of the NACHA Rules.
J. REMO TE CAPTUR E SER VICE TER MS
Remote Capture is a remote scanning service that processes remittances and promotes Customers' efficiency in their businesses. Through this service, the Customer's remittance deposits can be imaged and transferred to the Bank via a Bank supplied data platform for further processing and posting to the Customer's deposit account.
1. Service
The Bank, which may include designated agents of the Bank, will provide Customer with Remote Capture services for domestic transactions (the "Service") in accordance with the provisions set forth in this document (the "Service Terms"). The Service allows Customer to electronically transmit deposits of eligible checks and items (eligible checks and items are lim ited to personal checks, money orders, business checks, cashiers checks, traveler's checks payable in U.S. Doll ars and drawn on U.S. banks or U.S. Postal Service Money Orders, payable to the Customer) by using a capture device, including a desktop scanner or mobile device (hereina fter referred to as a "Scanner''), to create an electronic image of an original paper check or item and other paper source documents (collectively, "Item") and transmitting the image of the Item ("Item Image") and related data to Bank. The provisions of the Lockbox Service Terms, Account Terms, Client Access Service Terms, and any other applicable Service Terms as may be amended from time to time (collectively, the "Account Documentation") are incorporated into these Service Terms by reference. By signing the applicable Account Documentation or by using or continuing to use the Service, Customer agrees to these Service Terms. If and to the extent there is a conflict between the Account Documentation and these Service Terms, the provisions of these Service Terms will prevail. (a) Customer agrees that after the Item Image has been created and transmitted to the Bank for deposit, Customer shall not otherwise transfer or negotiate the original Item, substitute check or any other image of the Item. Customer further agrees that Customer shall be solely responsible for the original Items, including storage, retrieval and destruction. Customer must have in place policies and procedures for the secure storage and destruction of the original Items. (b) Customer agrees that a copy made from the Item Image or substitute check of the Item, as defined by federal law, will become the legal representation of the Item for all purposes, including return item processing. (c) Subpart B of Federal Regula tion CC (availability of funds) does not apply when electronic images of Items are transmitted to Bank. Funds from deposits made via this Service will be available in accordance with the availabi lity schedule for the Service. However, Bank may apply additional delays on the availability of funds based on any other factors as determined in the Bank's sole discretion.
2. Processing
Customer shall provide through Bank approved devices, including a desktop scanner or mobile device, the Item Images in the format and specifications and in accordance with the procedures required by the Bank. The Bank may process the Items as substitute checks, electronic images or photos-in-lieu, as may be applicable for further clearing through another financial institution, clearinghouse or the Federal Reserve Bank.
Customer assumes sole responsibility for the creation of these images and their subsequent provision to the Bank. If any Item Image does not meet the Bank's or any transferee's standard processing requiremen ts, in processing such Items, Customer assumes all risk of loss or delay and authorizes the Bank to either (a) return the Item to the Customer without further processing, (b) process the Item as sent from the Customer, (c) process the Items as photos--in-lieu of the originals, or (d) repair or attempt to repair the items for further processing. Access to the Item Images and the use of a mobile device in conjunction with the Service are governed by the Client Access Service Terms, as may be amended from time to time.
3. Deposit Time
Item Images are deemed received by the Bank when the Item Images have been transferred onto the Bank's system and validated by the Bank.
Based upon the size of the batch of items, there may be a significant delay between the time Customer begins to send the items and the completion of the transfer as stated above. If Bank receives and validates the submitted deposit transmission no later than the Bank's designated cut off time (the "Cutoff Time") on a day that the Bank is generally open for business, i.e., Monday through Friday excluding weekends and state or federal holidays ("Business Day"), Bank will consider that Business Day to be the day of deposit (i.e. , the date deposit is credited). If Bank receives and validates the submitted deposit transmission after the Cutoff Time or on a non-Business Day, the deposit will be considered to be made on the next Business Day. Whether the Cutoff Time has been met will be determined by the time displ ayed on the Bank's internal system clocks which may not necessarily be synchronized with the internal clock displayed on Customer's computer or device. For this reason, Bank suggests that Customer submit its deposit transmissions to Bank sufficiently in advance of the Cutoff Time to avoid the possibili ty of missing the Cutoff Time.
4. Foreign Items
The Service only accepts and processes Items drawn on U.S. chartered banks.
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5. Warranties.
5.1 Customer represents and warrants to Bank that:
• Customer will capture and transmit all Item Images using Bank approved hardware and software applicable to the Service's function; • Any image Bank receives accurately and legibly represents all of the information on the front and back of the Item as of the time the Item was truncated ;
• The information Customer transmits to Bank corresponding to an Item contains a record of all applicable MI CR-line information required for a substitute check and the accurate amount of the Item; • The Item Imag e conforms to the technical standards for an electronic Item set forth in Regulation J or Federal Reserve Bank Operating Circular 3, and for a substitute check set forth in Regulation CC; • No person will receive a transfer, presentment, or return of, or otherwise be charged for, the Item (either the original Item, or a paper or electronic representation of the original Item) such that the person will be asked to make payment based on an Item it has already paid; • Customer will not redeposit through this Service any Item previou sly deposi ted and returned to Customer; • Customer will employ comme rcially reasona ble security measures, including firewalls, sufficient to protect against unauth orized access or duplicate presentment;
• Customer will only transmit Items that originated as paper checks; • Customer will comply with all applicable laws and regulations; • Customer will not use the Service for any purpose prohibited by foreign exchange regulations, postal regulations or any other treaty, statute, regulation or author ity; and
• If the Customer is depo siting Items on behalf of third parties, the Customer also represe nts and warrants to the Bank that with respect to each Item deposited through the Service, the owner of the Item has auth orized the electronic transmittal of the Item and guarantees all prior end orsements; Customer has established an anti-money laundering program in compliance with anti-money laundering laws and regulations applicable to it and such anti-money laundering program includes policies, procedures and contro ls designed to detect and prevent money laundering, including "know-your-customer'' policies and procedures, monitoring of transactions for suspicious activities and reporting of suspicious activities, which Customer believes effectively prevents the use of Customer's operations, personnel or facilities for money laundering purposes.
6. New Features.
Bank may, from time to time, introduce new features to the Service or modify or delete existing features in its sole discretion. Bank shall notify Customer of any of these changes to features if Bank is legally required to do so. By using any new or modified features when they become available, Customer agrees to be bound by the rules concerning these features.
7. Disclaimer.
Bank makes no representations or warranties, whether express, implied or statutory regarding or relating to any of the software, capture devices or other hardware and/or access to or use of them or the related materials and the Service. Bank specifically disclaims any and all implied warranties of merchanta bility and fitness for a particular purpose and non-infringement. Bank and its subcontractors also do not guarantee that Customer's access to the Services will be unin terrupted, error free or secure.
8. Indemn ificati on.
Customer agrees to indemni fy and hold the Bank harmless for any loss or expense (including attorney's fees and expenses of litigation) resulting from: breach of any of the warranties made by Customer pursuant to these Service Terms or the Lockbox Service Terms; any claim pertaining to any warranty or inde mnity that Bank makes with respect to an Item under the Check Clearing for the 21st Century Act, Federal Reserve Boar d Regulations CC and J and all other laws, regulations and industry and clearing house rules applicable to Items as either the bank of first deposit, truncating or reconverting bank.
9. Customer Liab ility.
Customer shall be solely responsible if any item for which Customer has been given provisional credit is returned or reversed, and neither Bank nor its subcontractors shall be liable or responsible for same. Customer acknowledges that all credits received for deposit are provisional, subject to verification, final settlement, warranty claims or return. Information and data reported under these Service Terms: (a) may be received prior to final posting and confirmation and are subject to correction and (b) are for informational purposes only and may not be relied upon. Customer agrees that Bank shall have no liability for the content of payment-related information as received from the Customer. Customer shall be solely responsib le for the original Items, including storage, retrieval and destruction. Customer agrees to provide a legible copy of an image or the original Item if requested by the Bank. If Customer is unable to provide the original or legible copy, Customer shall be liable for any associated loss or claim involving the Item.
10 . Suspension/Cancel lation of Service.
Bank reserves the right to suspend or terminate the Service, in whole or in part if Bank believes Customer is in breach of these Service Terms or is otherwise using or accessing the Service in a manner inconsistent with the rules and regulations relating to the Service being provided and such breach, use or access is not cured within three business days after notice to Customer. Further, this Service will automat ically terminate if the Customer's account with the Bank is closed for any reason. Either party may terminate the Service upon thirty (30) days' prior written notice to the other party.
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11. In tellectual Property Ownership.
Neither these Service Terms nor the provision of the Service transfer to Customer any ownership or proprietary rights in the Bank's techn ology or any work or any part there of, and all right, title and interest in and to the Bank's technology will remain solely with Bank or its subcontractors. 12 . Aud its.
Customer agrees that the Bank shall have the right to audit Customer's books, records, processes and procedures for managing and maintaining the security and safety of the scanners, transmissions and original Items, including the right to audit Customer 's and Customer's agents, if any,. physical locations where Customer scans original Items and processes electronic check images and data related to the Service. . Customer agrees that the use of scanners, including mobile devices, in conjunction with this Service is limited to the United States.
K. J.P .M ORGAN TREASUR Y SER VICES ELECTR ONIC CHANNEL S SERVICE TER MS
1. Service and Service Terms.
The Bank will provide a service (the "Service") for electronic access to the Customer's account information, reports and data (collectively, "Data") and for the electronic transmission to the Bank of messages, service requests, and paiment and non-payment instructions (each an "Instruction') and from the Bank of messages, notifications and alerts, via the J.P . Mor gan Access Online, J. P. Mo rgan Access® Mo bile, J.P. Mo rgan Host-to Host/managed file transfer and J.P. Morgan Treasury Services API channels. The Bank reserves the right to modify the applications and products available via the Service. The Service is governed by these terms (the "Service Terms"), which incorporate the Bank's terms governing the business accounts and services, including service terms that govern the Bank's processing of Instructions transmitted via the Service (collectively, the "Account Docume ntation"), as the same may be amended from lime to time. If and to the extent that there is a conflict between the Account Documentation and these Service Terms, the provisions of these Service Terms shall prevail. Capitalized terms used in these Service Terms, and not otherwise defined, have the meaning set forth in the Global Account Terms or other account terms applicable to the Customer. JPM organ Chase Bank, N.A. is organized under the laws of U.S. A. with limited liabi lity.
2. Secur ity Procedu res and Other Controls
2.1 . General. The security procedures for each channel are set forth below, as may be modified on notice to the Customer through any medium (each, a "Secu rity Procedu re"). Any Instruction, the authenticity of which has been verified through a Security Procedure, shall be effective as that of the Customer, whether or not authorized, and notwithstanding that the Instruction may result in an overdraft of an Account. Controls unilaterally implemen ted by the Bank shall not be deemed to be Security Procedures for purposes hereof unless explicitly identified as such in writing. The Customer is responsible for implementing any procedures and requirem ents set forth in the applicable documentation provided to it by the Bank, as well as any subsequent modification to the procedures and requirements that are designed to strengthen the Security Procedures.
2.2. Security Procedu res and Other Controls for Access Online and Mobile Channels.
2.2.1. Access Online. The Security Procedure for verifying payment Instructions given in the Customer's name via the Access Online channel is validation of a user ID and confidential password of an Authorized User (as defined in Section 2.6 below), a token code gene rated by a Bank issued or approved security device ("Secu rity Device") assigned to that Authorized User and Bank transaction review as specified in Section 2.5.
2.2.2. Access Mobile. The Security Procedure for verifying payment Instructions given in the Customer's name via the Access Mobile channel is either (i) validation of the registration with the Bank of the mobile device, a biometric identifier, and the private swipe key of an Authorized User (as defined in Section 2.6 below) and transaction review as specified in Section 2.5 or (ii) validation of a user ID and confidential password of an Authorized User (as defined in Section 2.6 below), a token code generated by Security Device assigned to that Authorized User and transaction review as specified in Section 2.5.
2.2.3. Controls Offered to Customer. For Access Online and Mo bile, the Customer may choose to apply certain controls offered by the Bank to the Customer from time to time designed to reduce the Customer's risk of unauthor ized transactions. The Customer is responsible for choosing controls that are appropriate for the Customer taking into account, among other things, the nature and scale of the Customer's business, including the size, type and frequency of payment orders normally issued to the Bank, and the nature of its technical environment, internal accounting controls and information security policies and procedures (collectively, "Customer Internal Controls"). The Security Procedure that is established by agreement of the Customer and the Bank herein is established in view of the Customer Internal Controls applied by the Customer. For the avoid ance of doubt, none of the controls described in this Section are part of the Security Procedures for the channels.
2.3. Security Procedures and Certificate Procedures for Host-to-Host/Managed File Transfer Channel. The Security Procedure for verifying payment Instructions given in the Customer's name via the Host-to-H ost/managed file transfer channel is authentication of a digital signature certificate, which authenticates transmitted files on the basis of the corresponding security key (the "Sig nature Certificate") and transaction review as provided in Section 2.5. The Customer and the Bank will use the following procedures for the use of a transport certificate, which establishes a secure session between the Bank and the Customer on the basis of a corresponding security key (the 'Transport Certificate") and the Signature Certificate . Each of the Signature Certificate and the Transport Certificate are referred to herein as a "Certificate" and the corresponding security key as a "Secu rity Key".
2.3.1. Certificate Procedures and Requ irements. The Customer shall comply with the Bank's procedures and requirements for Certificates and Security Keys notified to the Customer, including but not limited to Certificate validity period, key strength and cryptographic PN: 2890303 DOC ID: 4 Page 38 of 43
Docusign Envelope ID: A4FB2E76-1 D5B-4C3C-BC08-8A6A5D0788CD specifications, as amended from time to time. Any request to the Bank to add, update or delete a Security Key shall include the applicable Certificate, a text file or other physical representation of the public Security Key of such Certificate and any other information in the manner and form designated by the Bank. The Bank shall have the right to rely on any request that the Bank believes in good faith to have been sent by the designated security adm inistrator ("Security Admin istrator"), notwithstanding that such Security Administrator may be a third party acting on behalf of the Customer.
2. 3.2. Certificate Expiration. Notwithstanding any courtesy notifications the Bank may send to the Customer regarding the Customer's impending Certificate expiration, the Customer acknowledges that it is the Customer's sole responsibility to update the Certificate prior to its expiration date. The Bank shall have no liability for any loss or damage (including, for the avoidance of doubt, any indirect, special, punitive or consequential damages or losses) arising from the Customer's failure to timely update its Certificate. To allow for proper execution of administrative procedures, and to prevent any lapse in service or emergency procedures, the Customer must request a Certificate change at least 30 days prior to actual Certificate expiration.
2.4. Secu rity Procedure and Certificate/Token Procedures for API Channel. The Security Procedure for verifying payment Instructions given in the Customer's name via the API channel is authentication of a Signature Certificate and transaction review as provided in Section 2.5 .
2.4.1. Secure Session. The Customer and the Bank will establish a secure session between the Customer and the Bank by validation of either (i) a Transport Certificate or (ii) a Bank-generated token ("API Token").
2.4.2. Certificate Proced ures and Requirements. The Customer and the Bank will use the procedures set forth in Sections 2.3.1 and 2.3.2 for the use of Certificates for the API channel.
2.4.3. API Token Procedures and Requirements. The Customer shall comply with the Bank's procedures and requirem ents for API Tokens, as amended from time to lime, including but not limited to the generation and safekeeping of any credentials used for the validation of the API Token, notified to the Customer. The Bank shall have the right to revoke an API Token at any time, including in reliance on a request or communication related to an API Token that the Bank believes in good faith to have been sent by the Security Administrator, notwithstanding that such Security Administrator may be a third party acting on behalf of Customer. Any request to the Bank to update an AP! Token shall be made solely in the manner and form designated by the Bank.
2.5. Transaction Review. In addition to the Security Procedures described above, the applicable Security Procedure for each channel also includes transaction review based on various risk characteristics. The transaction review shall be conducted in accordance with commercially reasonable protocols selected by the Bank. Additional authentication from the Customer, such as call-back verification, may be required to complete certain transactions identified by the Bank through transaction review.
2.6. Confidenti ality/Security Breach. The Customer will be responsible for safeguarding and ensuring that the Security Procedures, Security Devices, API Tokens and any credentials used for the validation of the API Token are known to and used (i) in the case of Access Online and Mobile, only by individ uals designated as users by the Security Administrators ("Authorized Users"), or, (ii) in the case of the Host-to Host/managed file transfer and API channels, only by the Security Administrators, as applicable. The Customer shall notify the Bank immed iately in the event of any loss, theft or unauthorized use of a Security Procedure, a Security Device, API Token, any credenti als used for the validation of the API Token or any other breach of security. The Bank may dishonor or disable any Security Device, API Token, any credentials used for the validation of the API Token or any aspect of the Security Procedures at any time without prior notice and will inform the Customer of the same. In addition, each Customer must implement its own physical and logical security, as well as managemen t controls, that appropriately protect the hardware, software, and access controls used in the transaction process from unauthorized access and use.
2.7. Security Admin istrator Designation. The Customer shall des ignate Security Administrators who shall have equal authority as specified in Section 2.8 below. The Bank is entitled to rely on any such des ignation of a Security Administrator. The Customer agrees to notify the Bank of any change in Security Administrators in the manner and form des ignated by the Bank. Any such change shall be effective at such time as the Bank has received such notice and has had a reasona ble opportunity to act upon it.
2.8. Security Admin istrator Responsibil ities. Each Security Administrator shall be authorized by the Customer to and be responsible for (i) designating individ uals as Authorized Users with respect to the Access Online and Mobile channels; (ii) identifying the functions of the Service that each Authorized User may access; (iii) requesting, creating, controlling, dissemi nating, and/or canceling user entitlements with respect to the Access Online and Mobile channels; (iv) managing the Customer's Certificates and corresponding Security Keys or API Tokens and any credentials used for the validation of the API Token with respect to the Host-to-Host/managed file transfer and API channels, as applicable; (v) receiving and distributing materials, notices, documents and correspondence relating to the Security Procedures, as applicable; and (vi) advising each Authorized User of his/her obligations hereunder or under any of the applicable Account Documentation.
The Security Administrators shall provide to the Bank, upon the Bank's request, a list of Authorized Users for the Access Online and Mobile channels. In the absence of a valid designation of a Security Administrator at any time or in the event that, after reasona ble efforts, the Bank is unable to contact a Security Administrator, the Bank may deliver Security Devices, API Tokens (and any attendant credentials) and materials and deliver/receive Security Keys to/from any person authorized to act on behalf of the Customer with respect to the Accounts.
2.9. Processing. The Customer acknowledges that the application of the Security Procedures and any controls unilaterally implemented by the Bank may cause delays in processing Instructions or result in the Bank declining to execute an Instruction.
3. Open Network Access; Equip ment
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERM ITTED UNDER APPL ICABLE LAW, ALL
WARRANTIES AND REPRESE NTATIONS, EXPRESS, STATUTORY OR IMPLIED, WITH REGARD TO THE SERVICE ARE HEREB Y
DISCLAIMED, INCLUDING ANY WARRANTIES OF ME RCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE AND COURSE OF DEALING OR USAGE OF TRADE OR WARRANTIES OF NON-INFRINGEMENT OR WARRANTIES AS TO ANY RESULTS TO BE OBTAINED FROM THE USE OF THE SERVICE. TO THE EXTENT THAT ANY .IMPL IED WARRANTIES CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, ANY SUCH IMP LIED WARRANTIES ARE LIMI TED IN DURATION TO 30 DAYS FROM THE INI TIAL DELIVERY DATE OF THE RELEVANT SERVICE. THE BANK AND ITS THIRD PARTY DATA AND SERVICE PROVIDERS DO NOT WARRANT PN: 2890303 DOC ID: 4 Page 39 of 43
Docusign Envelope ID: A4FB2E76-1D5B-4C3C-BC08-8A6A5D0788CD
OR GUARANTEE THE SECURITY, SEQUENCE, TIMELINESS, ACCURACY, PERFORMANC E OR COMPLETENESS OF THE DATA OR THAT ANY PART OF THE SERVICE WILL BE ERROR-FREE, WITHOUT DELAY OR UNINTERRUP TED.
The Customer is responsible for, at its sole expense, obtaining, installing, maintaining and operating all browsers, software, hardware, telecomm unications equipment or other equipment (collectively, "System") necessary for the Customer to access and use the Service in accordance with the Bank's recommended system configuration. The Bank makes no endorsement of any System or third party site, notwithstanding that the Bank may recommend certain Systems or provide a link to a third party site where the Customer may download software.
The Customer shall at all times maintain current and effective anti-virus, anti-spyware or other security software and shall take all reas onable measures to maintain the security of its System. The Customer acknowledges that there are certain security, corruption, transmission error, and access availabili ty risks associated with using open networks such as the Internet. The Customer further acknowledges that it has made an independent assessment of the adequacy of the Internet, the System and the Security Procedures in connection with the use of the Service. The Customer assumes all risks and liabilities associated with the operation, performance and security of its System and the use of the Internet or other open networks, failure or use of Customer's or third party equipment, hardware, browsers, operating systems and/or other software or programs, and services or persons outside of the Bank's control, and the Bank disclaims all such risks. The Customer shall not use any equipment, hardware, software or program that harms the Bank. The Customer agrees to indemnify and hold the Bank, and its agents, employees, officers and directors, harmless from and against any and all claims, damages, demands, judgments, liabilities, losses, costs and expenses arising, directly or indirectly, from the Customer's use of Customer's or third-party software or program. The Bank may in its discretion provide training or information on best practices to the Customer from time to time but in so doing it will not be considered a consultant or advisor with respect to cybersecurity.
4. Instructions; Data
4.1. The Customer shall be solely responsible for the genuin eness and accuracy, both as to content and form, of all Instructions given to the Bank's in the Customer's name and verified through the applicable Security Proced ure.
4.2. The Customer acknowledges that Data may not have been reviewed by the Bank, may be inaccurate, and may be periodically updated and adjusted. The Bank is not obligated to assure the accuracy of Data and will not be lia ble for any loss or damage arising out of the inacc uracy of Data. Further, the Bank shall have no liabil ity for the receipt or viewing by any party of Data sent to the destinations designated by the Customer, including but not limited to email addresses, fax and telephone number(s).
5. Customer Warranties
The Customer represents, warrants and covenants to the Bank that: (i) prior to submitting any document or Instruction that designates Author ized Users, the Customer shall obtain from each individual referred to in such document or Instruction all necessary consents to enable the Bank to process the data set out therein for the purposes of providing the Service; (ii) the Customer has accurately designated in writing or electronically the geographic location of its Authorized Users and shall provide all updates to such information; (iii) the Customer shall not access the Service from any jurisdiction which the Bank informs the Customer or where the Customer has knowledge that the Service is not authorized; and (iv) the Security Procedur es offered to the Customer conform to the Customer's wishes and needs and the Customer has not requested Security Procedures other than those expressly agreed by the Customer and the Bank. The Customer hereby represents, warrants and covenants to the Bank that these Service Terms constitute its legal and binding obl igations enforceable in accordance with its terms.
6. Miscellane ous
6. 1. The additi onal jurisdiction specific provisions set forth in the attached Exhibit are applicable to the Customer based on the domicile of the Customer. Where any local laws or regulations of any jurisdiction apply as a result of the Customer's Authorized Users accessing the Servi ce from such jurisdiction or as a result of the location of such accounts in such jurisdiction, the jurisdictional specific provisi ons of that jurisdiction set forth in the attached Exhibit shall apply to the use of the Service by such Authorized Users.
6.2. These Service Terms shall be governed by and construed in accordance with the laws of the State of New York, USA (without reference to the conflict of laws rules thereof).
6.3. All disputes relating to or in connection with these Service Terms solely arising outside the United States shall be finally settled under the Rules of Arbitration of the International Chamber of Commer ce by one or more arbitrators appointed in accordance with the said Rules. The place of arbitration shall be (i) Singapore where the dispute arises solely in Asia and (ii) London where the dispute arises elsewhere (other than the United States) and the arbitration shall be conducted in English, except that (a) disputes solely between a Customer do miciled in the People's Republic of China and JPM organ Chase Bank (China) Company Limited shall be submitted to the China International Economic and Trade Arbitration Commission ("CI ETAC") for arbitration in accordance with its rules in effect at the time an appl ication is made, with the place of arbitration being Beijing and the arbitration being conducted in English; and (b) disputes involving a Customer domiciled in Taiwan shall be irrevocably submitted to the exclusive jurisdiction of the courts of the State of New York and the United States District Court located in the borough of Manhattan in New York City. With respect to any dispute, suit, action or proceed ings arising in the United States relating to these Service Terms, the Customer irrevocabl)I submits to the exclusive jurisdiction of the courts of the State of New York and the United States District Court located in the borough of Manhattan in New York City.
PN: 2890303 DOC ID: 4 Page 40 of 43
Docusign Envelope ID: A4FB2E76-1D5B-4C3C-BC08-8A6A5D0788CD 11 1111
7. Mobile
7.1. Accepting use of the Bank's SMS text notification service and/or Access Mo bile channel constitutes the Customer's authorization for the Bank to send Data, message notifications and alerts through any communication service providers, including both Internet and telecommunicati ons providers, which shall each be deemed to be acting as the Customer's agent. Such providers may not encrypt commun ications.
7.2. Authorized Users may be required to accept an application agreement or license in order to download Access Mo bile. The Customer acknowledges that the Account Documentation shall in all cases govern the provision of these services.
7.3. The Customer acknowledges that the Bank shall not be liable for any delays in any Data, message notification or alert delivered via any mobile device.
L. HEALTHCARE LINK SER VICE TERMS
J.P. Morgan Chase Bank, N.A., which may include its designated affiliates and agents (the "Bank"), will provide to Customer the services (as elected by and applicable to Customer) described below as part of Bank's Healthcare Link5M Service. The Bank reserves the right to modify the applications and products available via the service. The services are governed by these terms (the "Service Terms"), which incorporate the Bank's standard account terms and conditions governing the operation of business accounts and services as well as other applicable service terms, service guides or materials (the "Account Documentation"), as the same may be amended or otherwise modified from time to time. By acknowledging or signing the Account Docu mentation or by using or continuing to use the Services described herein, Customer agrees to these Service Terms. Capitalized terms used herein and not otherwise defined shall have the meaning specified in the Account Documentation. J.P. Mo rgan Chase Bank, N.A. is organized under the laws of U.S.A. with limited liability.
1. Service. Bank will provide to Customer some or all of the services generally described below in connection with Bank's Healthcare Link5M Service, all as elected by Customer and agreed to by Bank. The following shall be performed by Bank in accordance with its standard operating procedures applicable to the service(s) elected:
A. Remittance Data. Bank may receive and process remittance information and related correspondence, both paper and electronic, for health care claims payments (by way of example, Explanations of Benefits or "EOBs" and Electronic Remittance Advices or "ERAs"). Remittance information for healthcare claim payments, whether received electronically or in paper format, may be referred to herein as "Remittance Data".
B. Payment Data. Bank may re-associate payment data made to Customer by third party payers ("Payment Data") with Remittance Data.
C. Data Delivery. Remittance Data and Payment Data (as applicable) may be made available electronically to Customer following processing by Bank. The format and timing of transmissions of Remittance Data and Payment Data will be as mutually agreed by Bank and Custor:ner.
D. Web Presentment Bank may make Remittance Data and Payment Data available to Customer via a web interface.
E. Workflow Services. Bank may make additional services available through a web interface that will allow Customer to perform certain agreed online remittance management activities or other workflow-related tasks such as management of denials, reconciliation and/or secondary claim submission.
2. Data Retention. Images of checks and docum ents will be retained for the period of time mutually agreed to by Bank and Customer; provided, that in no event shall such time period exceed Bank's then-current standards for data retention.
3. Secu rity. Bank will specify security procedures ("Security Procedures") for receiving and accessing Remittance Data and Payment Data and for accessing online services. Customer will comply with the Security Procedures, as the Bank may revise the same from time to time.
4. Thir d Party Provider of Cus tomer. In situations where Customer has requested that Bank work with Customer's third party provider ("Customer's Agent") in connection with the services elected by Customer: (a) Customer is responsible for all actions taken or not taken by Customer's Agent and Customer is responsible for all costs and expenses of Customer's Agent; (b) Customer agrees to co operate with Bank regarding any request for information concerning Customer's Agent, though Customer also agrees that Bank has no responsibility or obligation to inquire as to the authority of Customer's Agent or with regard to any action taken or not taken by Customer's Agent on Customer's behalf; (c) Customer hereby authorizes Bank to communicate directly with and provide information and data directly to and to receive information and data directly from Customer's Agent on any and all matters related to the services provided on behalf of or for the benefit of Customer; and (d) Customer shall notify Bank immedi ately if Customer suspects or becomes aware of any activity or transaction of Customer's Agent that Customer believes may be of an illegal or illegitimate nature.
5. Other Service Providers. Nothing express or implied in these Service Terms prohibits Bank from performing the services itself, through an affiliate or by contracting with a third-party contractor to assist Bank in the performance of the services hereunder including, without limitation, an affiliate or third-party contractor located outside of the United States of America. Bank may add or change subcontractors at any time without notice.
Bank may terminate the services, including the ability of Customer to access images of checks and docume nts as provided herein, if any third-party processing agent ceases to provide some or all of the processing or performance of the services being provided under these Service Terms.
PN: 2890303 DOC ID: 4 Page 41 of 43
Docusign Envelope ID: A4FB2E76-1O5B-4C3C-BC08-8A6A5O0788CD
6. Accuracy; Le gib ili ty. Customer will provide and ensure that Customer's Agents provide the information determined by Bank to be nec essary to satisfy its responsibilities under these Service Terms in a format required by Bank. All information shall be provided to Bank in the time and in the method required by Bank. Bank shall assume that all such information provided to Bank by Customer, Customer's Agent(s), another processing area of Bank (for example, Bank's lockbox processing area) or any other third party (for example, an insurance company or other payer) is complete and accurate, and Bank is under no duty to question the completene ss or accuracy of such information. Customer acknowledges that Bank cannot perform its duties under these Service Terms without complete, accurate and tim ely information and that Bank shall have no liability to Customer as a consequence of incomplete, inaccurate and/or untimely information provided to Bank.
PN: 2890303 DOC ID: 4 Page 42 of 43
Docusign Envelope ID: A4FB2E76-1D 5B-4C3C-BC08-8A6A5D0788CD
EXHI BIT A - JUR ISD ICTION SPECIF IC PROVISIONS
A. Australia & New Zealand
To the extent that any supply made by the Bank under these Service Temis is a taxable supply for the purposes of the Australian Goods and Services Tax, or that goods and services tax under the New Zealand Goods and Services Tax Act 1985 is payable in respect of any supply under this License Agreement, ("GST'), the fees payable in respect of that taxable supply ("original amounf) will be increased by the amount of GST payable in respect of that taxable supply. Customer must pay the increased amount at the same time and in the same manner as the original amount.
B. Indo nesia
The Bank and the Customer agree that, for the effectiveness of any termination of these Service Terms or the Services provided hereunder, they hereby waive any provisions, procedures and operation of any applicable law to the extent a court order is required for the termination of these Service Terms and the Account Documentation as applicable to the services provided under these Service Terms.
Section 7.3 shall be replaced by "Except for losses directly resulting from errors or delay caused by the Bank's gross negligence or willful misconduct, the Customer acknowledges that the Bank shall not be liable for any delays in any Data, message notification or alert delivered via any mobile device."
C. Malaysia /Labuan
In relation to accounts held in Mala ysia (excluding Labuan) and/or where the Service is provided in Malaysia (excluding Labuan) references in the Service Terms to "Bank," shall mean J.P. Morgan Chase Bank Berhad. In relation to accounts held in Labuan and/or where the Service is provided in Labuan, references in the Service Terms to "Bank," shall mean J.P . Morgan Chase Bank, N.A., Labuan Branch. The Service provided by J.P.
Morgan Chase Bank Berhad shall be accessed through http://www.jpmorganaccess.com.my and the Customer undertakes not to access or utilize or attempt to access or utilize the Service through any other JPMorgan website.
D. Republic of China (Taiwan)
Section 7.3 shall be replaced by "Except for losses directly resulting from errors or delay caused by the Bank's gross negligence or willful misconduct, the Customer acknowledges that the Bank shall not be liable for any delays in any Data, message notification or alert deliv ered via any mobile device ."
The Customer acknowledges that it will take steps to ensure it enters into the correct website before attempting to access the Service.
E. Eu ropean Union.
The Customer acknowledges that it is not a "consumer" for the purpose of the European Union's Electronic Commerce Directive ("ECD") (i.e., that it is not an individual) and agrees that the Bank shall not be required to make any disclosures or do any other thing which a non-consumer may agree not to require under the UK rules and legislation implementing the ECD. For further information on the Bank, please see "Notice regarding EU e-commerce information" in the Terms & Conditions on http://www.jpmorgan.com .
A. The Bank will collect information about the Customer and the Customer's employees and agents (such as, without limitation, authorized signatory details) which may constitute personal data for the purposes of the data protection law. Such personal data may be collected by or on behalf of the Bank in a number of ways (the "Collection Methods"), including via documentation relating to the provision to or use by the Customer of electronic banking services or via the Customer's use of such electronic banking services and via other correspondence or communications between the Customer and the Bank.
B. Details of the Bank's processing activities of personal data can be found in its EMEA Privacy Policy, which is available on the Bank's website at www.jpmorgan.c om/privacy/EMEA . The Bank's EMEA Privacy Policy may be updated or revised from time to time without prior notice.
The EMEA Privacy Policy may be used to assist the Customer with providing a fair processing notice to the Customer's underlying data subjects.
C. The Customer agrees that it has an appropriate legal basis to provide personal data to the Bank and that the Customer will provide any requisite notice to individuals and ensure that there is a proper legal basis for the Bank to process the personal data as described in and for the purposes detailed in the Bank's EMEA Privacy Policy. Both the Customer and the Bank will comply with its respective obligations under applicable data protection and privacy laws.
©2018 JPMorgan Chase & Co. All Rights Reserved. JPMorgan Chase Bank, NA Member FDIC.
Eligibility for particular products and services is subject to final determination by J.P. Morgan and/or its affiliates.
PN: 2890303 DOC ID: 4 Page 43 of 43
Staff Report
Date: October 14, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mindy Gentry, Director of Community Development Carlton Thompson, PE, City Engineer
Bruce Davis, PE, CIP Manager
Prepared by: Deyuanne Lei, PE, Associate Civil Engineer [email protected]
(925) 671-3049
Subject: Considering approval of Amendment No. 1 to Task Order No. 1 with Sandis Civil Engineers Surveyors and Planners in the amount of $298,180 for a new not-to-exceed amount of
$399,970, for design services for the Sewer Assessment and Replacement – Project 3 (Project No. 2735) in the
neighborhoods bound by Willow Pass Road, Concord
Boulevard, and Clayton Way; and authorizing the City
Engineer to execute the agreement in a form acceptable to the City Attorney. (Sewer Operating, Fund 710; Sewer Capacity Fees, Fund 711)
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, and/or Public Resources Code Section 21065.
Report in Brief
The Sewer Assessment and Replacement – Project 3 (Project No. 2735) consists of performing up to eight miles of sewer line rehabilitation in the neighborhoods bound by Willow Pass Road, Concord Boulevard, and Clayton Way. These neighborhoods include the major streets of Sixth Street and Clayton Way, which are shown in the attached location map in green and blue, and Residential Zones 2M & 2N, which are shown in yellow and red (Attachment 1).
5.f5.f5.f5.f
City Council Agenda Report
Agenda Item No. 5.f
October 14, 2025
In February 2025, the design services task order was awarded, initiating the preliminary evaluation based on sewer line video footage. This assessment was completed in June 2025. Due to the need to complete video evaluations across additional zones, and to incorporate sanitary sewer design, bid support, and construction administration support in the project, an increase in the overall cost for design services is required, which is the subject of this report.
Recommended Action
1. Approve Amendment No. 1 to Task Order No. 1 with Sandis Civil Engineers Surveyors and Planners in the amount of $298,180 for a new not-to-exceed amount of $399,970, for design services for the Sewer Assessment and Replacement – Project 3 (Project No. 2735) in the neighborhoods bound by Willow Pass Road, Concord Boulevard, and Clayton Way; and authorize the City Engineer to execute the agreement in a form acceptable to the City Attorney (Sewer Operating, Fund 710; Sewer Capacity Fees, Fund 711).
2. Make the CEQA determinations as provided in this staff report.
Background
The Project location includes up to eight miles of sewer lines in the neighborhoods bound by Willow Pass Road, Concord Boulevard, and Clayton Way. These neighborhoods include the major streets of Sixth Street and Clayton Way, which are shown in green and blue, respectively (Attachment 1), and Residential Zones 2M & 2N, shown in yellow and red, respectively (Attachment 1).
On February 13, 2025, the design services task order was awarded to Sandis Civil Engineers Surveyors and Planners (Sandis) in the amount of $101,790. The task order included only sewer line closed-circuit television (CCTV) video footage, evaluation, and survey of the major streets of Sixth Street and Clayton Way, and excluded Residential Zones 2M & 2N, as well as excluded sanitary sewer design services, bid support, and construction administration support.
The sewer line video footage and evaluation task order of the major streets of Sixth Street and Clayton Way was completed first to assess the extent of sewer rehabilitation required on the project. This information was essential to develop a more accurate cost proposal for the sanitary sewer design services.
Sewer line video footage and evaluation began on the major streets of Sixth Street and Clayton Way in February 2025 and was completed in June 2025. Sandis retained Bess Test Labs as a subconsultant to complete the CCTV video inspection and documentation in the field. Sandis reviewed the video footage, completed their report with an evaluation of the sewer line conditions, and provided recommendations for rehabilitation. Sandis submitted their technical memorandum to the City on June 3,
City Council Agenda Report
Agenda Item No. 5.f
October 14, 2025
2025. This initial work resulted in a recommendation that staff supported to add in 2M & 2N.
Analysis
After completion of the evaluation report, the design scope was defined and incorporated into the proposal for comprehensive design services for the project. It was also noted that the two remaining zones that were previously excluded, Residential Zones 2M & 2N, needed to be included in the sewer line video footage and evaluation scope of work.
On August 14, 2025, Sandis provided a proposal for additional services to complete the sewer line video footage and evaluation of the two remaining zones, Residential Zones 2M & 2N, as well as complete the full sanitary sewer design, bid support, and construction administration support on the project.
With Council approval of this amendment to their task order, Sandis can commence completing the sewer evaluation and design services for the project. Design services are anticipated to be completed in spring 2026, with construction of the project anticipated to begin in late summer 2026.
Financial Impact
Adequate funds exist within the project budget to carry this cost. The project is funded by Sewer Operating Funds (Fund 710) and Sewer Capacity Fees (Fund 711).
Environmental Determination
Environmental Determination Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), the approval of the Task Order does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c), 15273, 15378, as it has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment and/or the activities consist of creation of government funding mechanisms or other government fiscal activities which do not constitute a “project”. Even if the award of the Task Order did not constitute a project under CEQA, it falls within the “common sense” exemption set forth in 14 Cal. Code Regs. Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Accordingly, no further environmental review is necessary. This determination reflects the City’s independent judgement and analysis.
Public Contact
The City Council Agenda was posted.
City Council Agenda Report
Agenda Item No. 5.f
October 14, 2025
Attachments
1. Location Map
2. Amendment No. 1 to Task Order No. 1 with Sandis Civil Engineers Surveyors and Planners, with Exhibit B – Fee Estimate
Attachment 1
Project Location Map
Sewer Assessment and Replacement – Project 3
City Project No. 2735
FIRST AMENDMENT TO TASK ORDER
1 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 This FIRST Amendment to Task Order (“First Amendment”) is entered into on this date, October 14, 2025, and amends the Task Order No. 1 between the City of Concord (“CITY”) and Sandis Civil Engineers Surveyors and Planners, MSA # 6787 (“CONSULTANT”).
WHEREAS, the CITY and CONSULTANT entered into a Task Order 1 dated February 13, 2025 (the “Agreement”), wherein CONSULTANT agreed to provide Design services for Sewer Assessment and Replacement - Project 3, PJ 2735.
WHEREAS, under Section 3 “COMPENSATION” the Task Order provides that the compensation to be paid to CONSULTANT shall be on a time-and-materials basis for basic services at the rate and schedules in detail in Exhibit A in an amount not to exceed $101,790.00 as rendered under Section 1 of the Task Order. Compensation shall be in accordance with the terms and conditions indicated therein.
WHEREAS, the CITY and CONSULTANT desire to increase the contract amount by $298,180.00 shown in detail in Exhibit B, attached to this First Amendment.
NOW THEREFORE, in consideration of the promises and conditions set forth in the Task Order, the parties mutually desire to amend the Task Order as follows:
1. Section 1 – SCOPE OF SERVICES is hereby amended to read as follows:
CONSULTANT will provide Design services for Sewer Assessment and Replacement - Project 3, PJ 2735. per Exhibits A and B. Exhibit A is a proposal from Sandis Civil Engineers Surveyors and Planners dated February 11, 2025. Exhibit B is a proposal from Sandis Civil Engineers Surveyors and Planners dated September 9, 2025, attached hereto and made a part hereof.
2. The first paragraph of Section 3 “COMPENSATION” is hereby amended to read as follows: CONSULTANT shall be compensated on a time-and-materials basis for basic services not to exceed $399,970.00 as rendered under Section 1 of this Agreement.
Compensation shall be in accordance with the terms and conditions indicated therein.
3. Except as expressly amended herein, all other terms and conditions of the Task Order shall remain in full force and effect.
4. TASK ORDER SUMMARY
2 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 IN WITNESS WHEREOF, the parties have executed this First Amendment on the date indicated above.
Dated: ___________ CONSULTANT
BY: ________________________
Ron Sanzo, PE, TE, PTOE
[email protected]
Dated: ___________ CITY OF CONCORD
By: _________________________
Carlton Thompson
City Engineer
APPROVED AS TO FORM: ATTEST:
____________________________ ____________________________________ Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
Task Order
No.
Date
Approved
Purchase
Order
No.
$ Amount
Fiscal Year
24-25
Account Code
1 2/13/2025 21224 $101,790.00 710-9500-C999-74500
710-2735-113-74500
1A 10/14/25 TBD $298,180.00 710-9500-C999-74500
710-2735-113-74500
Grand total, all task orders including this task order
#1A $399,970.00
Master Agreement dated 7/1/2024, term through
6/30/2026.
$1,000,000.00
per fiscal year
3 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 FINANCE DIRECTOR'S CERTIFICATION:
Concord, California
Date: ________________
I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 25/26 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $298,180.00.
Account Code: 710-9500-C999 710-2735-113-74500
Finance Director's Signature
BUILD ON. | 1
Revised September 9, 2025
Rev. August 14, 2025
Rev. July 25, 2025
June 16, 2025
Project No. 624109.MA109
Deyuanne Lei, PE
Associate Civil Engineer | Engineering Division (CIP)
City of Concord
1950 Parkside Drive, MS/40
Concord, CA 94519
T: 925.671.3049
E: [email protected]
RE: CITY OF CONCORD SEWER ASSESSMENT AND REPLACEMENT
ASR #1 – ADDITIONAL SEWER VIDEO SURVEY
CONCORD, CA
Dear Deyuanne,
This letter is our amendment to the original proposal revised February 11, 2025, for the above-referenced project. This proposal is for performing additional sewer video inspection, surveying, and engineering analysis for the Zone 2-N and Zone 2-M portions of the attached map (Exhibit A). This will include the survey of 112 manholes, video inspection and review of about 20,000 LF of pipe, and about 7,000 LF of engineering review of sewer videos performed previously and provided by the city.
Following the completion of the video inspection and sewer documentation effort, we will coordinate with the City to select and then design proposed system repairs / upgrades with the preparation of Construction Documents. This will include plans, specifications (including editing of standard front-end specifications provided by the City of Concord), and engineer’s cost estimates. We understand that depending on the final estimates for the project improvements, portions of the scope may be listed as add alternates to the contract to stay within the City of Concord’s total project budget.
We will issue the construction documents to the City of Concord for bidding and construction. Our scope will include services to respond to bidder questions (bid RFIs) and assist the City in reviewing bids. Once a contractor has been selected, we will provide the City with Construction Administration Support that will consist of attending one Pre-Construction Meeting, assisting the City with RFI responses, and reviewing material submittals. To complete the project, we will perform a final site visit and prepare a civil punch list.
The additional scope is further noted below:
TOPOGRAPHIC SURVEY $ 30,060
• Perform topographic survey of existing sanitary sewer system within the project limits. This is assumed to include the collection of elevation data for a hundred and twelve (112) sanitary sewer structures including rims and inverts of pipe flowline. The overall project basemap will utilize this survey info along with GIS and aerial images for evaluation/recommendation for pipeline repair or replacement.
BUILD ON. | 2
VIDEO INSPECTION & ANALYSIS $ 55,920
• Review approximately 27,000 LF of sewer pipe and document the existing conditions of the pipe. • Prepare a recommendation letter for improvements including the types and degrees of repairs that we would recommend be performed and a rough magnitude of cost to allow the city to determine which of the projects to include in their 2025/26 Capital Improvement Project repairs. • Submit draft of report for the city to review.
• Finalize draft and provide all documentation and raw data to the city.
CCTV VIDEO (SUBCONSULTANT FEE) & PIPE FLUSHING (6 DAY T&M ALLOWANCE) $ 66,000 • Perform an additional video survey (by subconsultant Presidio Systems) for approximately 20,000 LF of sewer pipe. Up to 6 days of flushing is included as an allowance.
SANITARY SEWER DESIGN $ 114,900
• Prepare Plans, Specifications, and Estimate (PS&E), including:
o 60% PS&E, 90% PS&E and 100% PS&E.
o Respond to and incorporate city comments following each submittal. • Meet with city staff following each deliverable to review.
BID SUPPORT $ 8,520
• Assisting City in preparing Bid Package
• Respond to bidder’s questions and issue design clarifications, as necessary. • Reissue plans once with RFIs and clarification changes documented. • Assist client with review of bids.
CONSTRUCTION ADMINISTRATION SUPPORT $ 22,780
• Attend a pre-construction meeting.
• Assist the City in civil related requests for information and contractor submittals during construction. • Conduct a final site visit and prepare a civil punch list. It is assumed that the contractor will address all punch list items and that a follow-up site visit is not necessary.
These services will be provided for the amounts listed above (TOTAL FEE $298,180) and will be performed under the terms and conditions of our original agreement. Please return one signed copy of this letter as your authorization to proceed.
Regards, Approved
CITY OF CONCORD
Nathan Allen, PE By: ____________________________________ Sr. Project Manager
Title: __________________________________
Date: __________________________________
Chris Cintean, PLS
Sr. Survey Project Manager
Attachments: 1.) Exhibit A – Additional Sewer Video Survey Scope
2.) Project Fee Estimate Table – 09.09.2025
Nathan Allen, PE
Sr. Project Manager
Chris Cintean, PLS
Sr. Survey Project Manager
Sr. Project Manager
Chris Cintean, PLS
Sr. Survey Project Manager
BELLA DRMAIN AV
KOBIO DR
FELICIA LN
BILLINGS RD
LEUE CT
MALTA CR
ARDRA LN
EUCLID CT
MISTY LN
DAKOTA LN
ELM RD
POSEY PL
VAVOLD ST
MC NORTH DR
PARK AVE
FARM BUREAU CT
HEARTLAND CT
RICHARDSON CT
WOODRUFF LN
EVALANE WY
WREN LN
DELANCEY LN
HIGH SCHOOL ALLEY
LOMBARDO CT
WALNUT HEIGHTS LN
BEACH ST
ROBERTS LN
DROZDA CT
INAJANE CT
JEFFERSON LN
FITZGERALD CT
NORTON DR
BASIE CT
BELLA DR
ELM RD
UPLAND DR
HILLVIEW CT
HIGH SCHOOL AVE
EAST
HY
MARINA CT
PACIFIC ST
LA BONITA WY
VINCENTE RD
ALRAY DR
FIR ST
ELM ST
ANN ST
IDA DR
ROSE CT
EAST ST
DATE ST
GILL DR
PARK ST
ERIE DR
REVA DR
WREN AVE
DAVID CT
ADOBE ST
GRANT ST
BACON ST
CEDAR ST
BEACH ST
BAKER DR
ROYAL RD
GROVE WY
SIXTH ST
THIRD ST
SCOTT RD
AMENO RD
FIFTH ST
ATHENE DR
BONARI CT
GEMINI CT
QUEENS RD
ALTURA DR
COLFAX ST
MAPLE AVE
SALVIO ST
ANDREA CT
DUCKER CT
ANDREA LN
CLAIRE CT
SECOND ST
ATHENE CT
BIRCH AVE
CORDOVA WY
WALNUT AVE
RICARDO DR
BALDWIN DR
EUCLID AVE
CRENNA AVE
ENCIMA DR
CLAYTON WY GRANADA DR
OLIVERA RD
GALINDO ST
SUNSET AVE
ALMOND AVE
CLAYTON RD
PACHECO ST
CLAUDIA DR
VILLAGE RD
RODGERS RD
BALDWIN CT
THE ALAMEDA
HEMLOCK AVE
CLAYTON WAYPARKSIDE DR
CONSUELO RD
CRESCENT DR
JERILYNN DR
HACIENDA CT
BILLINGS RD
HUMPHREY DR
ROSELAND DR
WESTBURY DR
HACIENDA DR
OAKLAND AVE
STANFORD ST
ROSKELLEY DR
SINCLAIR AVE
CONCORD BLVD
MT DIABLO ST
PARKSIDE CIR
SYCAMORE AVE
BONIFACIO ST
GRANZOTTO DR
SAN RAMON RD
ESPERANZA DR
SAN JOSE AVE
DEARDORFF LN
FAIRFIELD AVE
SANTA RITA DR
JACQUELINE WAY
WILLOW PASS RD
NORTH SIXTH ST
MIRA VISTA TER
FARM BUREAU RD
NORTH THIRD ST
FITZPATRICK DR
MEADOWBROOK DR
LOS FLORES AVE
NORTH FIFTH ST
SAN VINCENTE DR
PORT CHICAGO HWY
ATLANTIC ST
CRYSTAL AVE
SUNSET AV
PORT CHICAGO
CTASCOT
FIRST ST
DAVIS AVE
MORETTI DR
EL MONTE WY
ST PHILIP CT
SAN VINCENTE CT
CLAY ALLEY
LIVERY LN
EL REY PL
EAST OLIVERA RD
DENA DR
GARDEN AVE
MOUNTAIN VIEW DR
SALVIO ST
SALVIO ST
CRESCENT DR
GRANT ST
CONCORD BLVD
THIRD ST
BONIFACIO ST
PARKSIDE DR
SIXTH ST
EAST ST
NORTH SIXTH ST
SIXTH ST
EAST ST
MIRA VISTA TER
CRESCENT DR
EAST ST
WREN AVE
ALTURA DR
PARKSIDE DR
WILLOW PASS RD
CRESCENT DR
BONIFACIO ST
SAN VINCENTE DR
GRANT ST
WREN AVE
MOUNTAIN VIEW DR
STANFORD ST
ESPERANZA DR
SECOND ST
ENCIMA DR
GRANT ST
EAST ST
GRANADA DR
NORTH SIXTH ST
WILLOW PASS RD
EUCLID AVE
SALVIO ST
UPLAND DR
EAST ST
FIFTH ST
HIGH SCHOOL AVE
COLFAX ST
GRANT ST
CLAYTON RD
PACHECO ST
MT DIABLO ST
GALINDO ST
FAIRFIELD AVE
GRANT ST
GRANT ST
COLFAX ST
SALVIO ST
PACHECO ST
PACHECO ST
BONIFACIO ST
THIRD ST
QUEENS RD
THE ALAMEDA
SALVIO ST
BIRCH AVE
ADOBE ST
NORTH SIXTH ST
C
15 3512 B
12 A-I
2953
50-63
1-16
3289
-39
2571
3540
2455
2550
2750
3632
A-E
2601
2 3504
2954
3512 A
-94
3520
1-6
3626
2248
1-10
1862
-A
B-F
-B
2929 1/2
3424
-82
-47
3487
1-52
1-29
-90
2391
3525
2770
3364
3530
2440
SERVICE
A
1802
-69
1634
3524
-22
1654
115
2846
D
-49
2844
-24 -19
-13
1860
1653
3712 23-42
-43
114
3502
A-D
1678
3004
2639
1553
2996
2994
-73
1 - 25
2998
2875-2883
3620
-28
-42
1800
1790
-61
A-B
3454 1/2
2607
111
2061
-60
A & B
9-22
34181/2-40
-87
18691/2
34061/2
3249
-45
-65
3111
2633
2992
3330 - 3344
3012
2643
3/4
1-8
2896
A - G
32-49
112
110
1811
2647
2309
1965 1-8
2613
3367
2605
2873
2207
3115
3411
1711
3611
3110
2115
1911
3116
3117
2011
3114
2611
2114
2118
2211
2113
3011
2117
3311
2116
2911
2311
3511
31183112
2112
2411
-57
2934
2622
B
2185 2617
2733
2902
3251
1559
2957
2884
2867
3461A
2620
2492
2878
1455
1550
1 1557
1619
1590
1560
9 1538
1607
1570
2355
1431
2809
1625
1656
1444
1655
1545
1515
3344
2985
3065
1468
1466
3264
1601
1513
1580
2991
1544
1841
1690
1822
1555
1595
1845
1675
2709
1773
1471
1779
3161
2978
1558
1430
1886
1632
3214
1454
1536
1701
1689
2085
1784
1880
1636
3360
1905
1774
2964
3175
1713
1473
1630
1605
1525
1535
1792
1828
3413
1743
3236
1622
1657
1465
1663
1836
1623
1754
1851
1737
1461
3318
1714
1532
1858
3191
3149
1458
1745
1730
1626
1460
1676
1470
3197
3105
2833
3312
1913
2703
1692
3248
2990
1829
1575
1736
1677
1687
1641
1720
1507
1618
1717
1543
1813
1685
1674
3186
1933
3306
1734
1682
3307
1450
1519
1709
32303171
1825
1842
2963
1668
2966
1729
1740
2353
1916
1727
1648
1874
1848
1832
1686
1551
1600
3480
1646
1944
2970
3298
1660
3185
1688
1680
1793
3242
3601
1819
3137
3206
1796
1909
1844
1847
3218
1612
1718
3616
3212
1852
2802
1846
1791
1801
1696
3224
1670
3642
3441
1613
3766
1770
2979
1760
3276
2807
1712
1684
3167
1518
1755
2738
1672
3131
1724
3761
3189
3200
1917
1451
1856
1777
1691
1840
3636
3760
1662
1759
3243
3425
1699
3162
1715
1669
1838
3607
3194
1771
3135
3181
1834
1627
1732
1721
3176
1929
1679
1683
1820
1818
1826
3169
2967
1783
3195
3075
1650
1857
3173
1837
1624
3174
1706
1830
1751
3444
1807
1731
3165
1883
1781
1767
1761
1707
1628
1673
3145
3125
1681
1644
3508
3184
3170
3754
3168
3180
1542
1735
1659
1882
1554
3139
1866
1741
1640
3755
1878
1884
1548
1643
3039
1855
3431
1744
3143
1854
3409
1719
3619
3612
3630
3177
3417
1728
3193
3750
1697
1635
3154
3192
3618
1722
3199
2758
1746
3600
1824
1808
2984
3179
1695
2726
3598
1805
3190
3415
1639
3147
3748
3767
3736
1631
1649
1923
1549
3706
3182
3412
2746
1867
1843
2714
1738
3773
1881
2962
1839
3437
2653
3742
3187
1723
1750
1859
3198
3108
3158
3550
1827
2640
1742
3631
3772
3623
2656
3700
1797
3144
3150
1833
3625
1698
2705
3164
3701
3719
3153
3160
2131
1530
3445
2650
2995
3156
2415
3188
3707
3637
1890
1831
1894
3157
3624
2929
3730
2107
1850
2659
1919
3172
3183
2413
2519
2416
3103
2187
3102
2253
3138
2514
3683
2006
3123
3129
2487
2636
2339
2513
2341
3130
2521
37253163
3166
1900
2350
2036
2766
1658
2707
2041
2515
1980
2626
2401
2610
2618
2624
1981
3731
3713
1901
2541
2481
1953
3749
3109
3737
2317
2904
3133
3615
2501
2425
2509
2503
1540
2027
2135
2260
2824
2947
2718
2767
2380
2755
3132
2737 2951
2560
2975
2014
2349
2254
3743
2251
2071
2291
1694
3146
3136
3159
2270
2310
2337
2743
2368
2724
2395
2507
2437
2731
2712
2719 2742
2713
2097
2987
2407
2465
2476
2595
2506
2247
2530
2474
3127
2430
8 2479
2748
2540
2344
3122
3121
2179
2032
2725
2063
2026
2068
2435
2974
2256
1896
2527
2038
2243
2054
2142
3225
2482
2842
2204
2143
2290
2490
3152
2706
3134
2754
1983
2749 2969
2018
3098
2249
2603
2536
2901
3128
2208
1945
2949
2575
2836
2831
2127
2410
1987
2037
2431
2420
3021
2531
3140
2450
2174
2373
2238
2255
1912
2057
2445
2235
3120
2166
2325
2210
2843
2224
2222
2590
2183
2167
2408
2525
2336
2524
2555
2044
2299
2436
1949
2505
2190
2346
2710
2297
2390
2606
3031
2307
2151
3141
3405
2925
2480
2012
2419
2016
3020
2825
2432
1994
2150
3033
2285
2048
1934
1962
2518
2727
3097
1941
2736
2250
2614
2369
2813
2428
2024
3078
2052
2175
3061
2334
2837
2522
2905
2850
2031
2580
2819
3032
2320
3401
2289
3083
2064
1954
2272
2277
2516
2520
2004
3007
3104
1964
1957
1772
2340
2197
3718
3077
1986
2189
1990
1978
2609
2066
1942
2281
2630
2510
2666
3014
2159
3126
2008
1950
2182
2830
2907
1924
2056
1946
2002
2625
2406
3026
2042
1958
2834
1938
2943
2045
1937
2225
2983
2471
2835
2908
3015
3027
2600
2849
2138
3151
3099
1951
2529
3595
2028
2461
2000
3724
1974
1985
1959
1816
3059
1918
1872
1982
1906
2331
1921
1963
2139
2457
3531
2162
3362
2913
3692
3726
2005
1893
3155
2869
2043
2730
2845
3686
2017
3512
3565
1931
1887
1667
2049
2033
3745
2838
3342
1897
1966
1920
2146
3547
1947
3563
2003
2201
1903
3428
3418
3400
3633
2910
3543
3471
3334
3358
3419
3319
2007
3443
3422
2013
1861
2890
1885
3101
3339
2816
1879 3609
1889
3301
1895
3060
1899
1877
3605
2543
1865
3514
3503
2171
3002
2051
33162922
3326
1955
3345
2065
2944
3363
3494
1935
3468
3486
2971
2986
3505
3008
1873
2010
3744
3491
3738
2952
3552
3484
1666
2745
3300
3215
3399
3213
3652
3018
2988
3066
3490
3538
3208
3209
2040
1806
3385
3359
35613365
2015
2926
1864
1914
1967
1863
3394
2458
1795
1876
3350
1904
2080
1939
2105
104
3454
3436
3562
1971
1970
3398
1930
2379
3739
3466
2087
2148
3635
2156
2103
2318
1888
1907
2648
3673
3434
2885
2313
2916
3507
2751
3040
3554
3450
2485
2075
2668
102
1940
3024
3460
2050
2752
3433
3322
2948
2141
1965
1739
2333
1943
3665
3038
2900
3498
3330
2093
2739
2025
3535
3440
2946
2919
3564
2144
2145
3043
2933
2923
3308
2939
2876
2537
2125
1915
1892
2388
3041 3537
3374
3457
3037
2444
2927
1956
3046
2132
3496
2405
1973
1961
2477
3610
2165
3333
2090
3321
3556
3045
2140
2945
2935
1984
3047
2213
3202
2815
3659
3221
3546
2702
3420
3429
2109
2161
2883
2319
105
35492827
3353
3475
2781
1875
2295
2019
2806
3509
3553
3357
2470
2301
2300
2791
2914
108
3406
3529
2728
2399
2129
3338
2137
2055
2060
1809
3733
3315
1975
1891
2070
3680
2760
1520
3644
2472
3628
3519
3557
2359
3648
3459
2720
2857
1960
2108
2298
2128
3201
2172
2324
3501
3343
3622
2030
3414
35603542
3640
3407
2312
3455
2332
1871
3516 3566
2740
2169
3410
1925
3573
1910
2920
2001
3627
2362
1869
2780
2434
3645
3646
2960
3053
2152
2130
2219
2921
2371
3463
3426
2292
3336
3366
3485
3427
3513
2170
2176
3100
2888
2121
2020
2356
2067
3515
2453
101
107
3641 3647
3621
2101
3650
3019
3351
36633617
2818
3629
2136
3017
3653
100
2909
2982
240424482302
2386
2872
3349
3058
2104
3368
3479
2387
2462
2271
2741
2478
2095
3354
2898
2035
3107
3451
2950
3042
3500
1902
3548
1775
3544
2133
2840
2365
3495
3481
3655
2424
2628
2932
2942
2076
1804
2100
1749
2345
3375
3049
3392
2875
3386
2321
2841
3567
1510
2304
3453
1671
3430
2367
3510
2961
2397
2402
2860
2153
2812
2326
2120
2924
3378
2761
2378
2383
2205
3346
2305
3219
2504
3558
2821 2930
2195
1620
2381
2438
2790
2441
2347
2200
1948
2149
109
3746
2409
2475
2366
2354
2486
2363
2358
2124
3376
2286
1665
2500
2701
2382
2981
2077
2155
2426
2512
2800
2491
2941
2721
2421
2327
2357
246023142283
2801
2940
3000
3036
3072
2469
2377
2466
2803
2906
3203
2173
2936
1853
3106
2495
2385
2168
2467
21642160
2403
2459
2315
2483
3055
2880
2912
2918
2423
2799
2427
2820
2980
2700
1645
2394
2343
2338
2456
106
2861
1478
ENTRANCE
1789
2874
1870
3001
2418
2621
-11
1716
1725
1/2
1803
-38
2928
1780
2959
2965
2997
2999
-54
3043B
2449
3005
-10
3044
3124
-52
2989
3010
2810
2993
-79A
2593
3009
2262
1885 1/2
1810
2154
1664
-05
1939A
2973
2638
1479
-50
2769
-27
17-31
1799
-88
2977
3608
3643
3449
2915
-04
2521-2527
2348
3166B 3613
2230
3499
2828
1787
2903
3416
1849
3599
1815
2677
-09
1898
-18
201-214
1788
3497
3196
2412
1778
101-112
3393
2110
2178
1726
1868
2870
-46
2689
2245
2308
-81
-55A
1785
2240
2400
3111 A -B
-401/2
2939 - 2943
1747
2775
2565
2909 - 2913
1871 A
3339 A
2765
2198
2294
2867 A
-23
2787
2933 - 2937
2980 - 2984
2962 - 2966
2986 - 2990
1821
2927 - 2931
2217
3381
3361
2608
3207
2956 - 2958 1700
2246
2072
2048-52
1939-49
1967 1-8
3178
3142
2244
1905-1909
1812
1835
-06
1786 A-C
1971 1/2
1976 1-11
2031-2035
1840-1846
2822
2805
2823
2826
2855
2848
2804
2227
2808
2881
3119
3113
2897
2396
1936
3148
1972
3606
2157
2708
3173
2251
2961
2006
3737
2407
3020
2037
3159
2611
1893
1861
2125
1877
1673 3357
1955
2906
1870
1669
3012
1720
2405
1876
1930
1900
3105
2401
2714
3606
1880
3144
1774
3165
3642
1897
3015
3507
3544
3642
3707
3144
2340
2724
1897
3207
2413
2148
3511
1808
3171
1957
1848
2286
3105
2740
1799
1825
1841
3191
2020
1860
1840
1889
1920
3607
1845
1985
2145
3160
2019
2530
3101
1864
3109
2515
2457
2495
3166
2040
2942
3444
1871
2025
2970
1791
2760
1959
1807
3164
2841
3513
3174
2104
2144
2101
1956
2031
2319
2332
2011
2142
2164
1905
3631
3113
3136
1883
1887
1895
2000
1889
1945
1899
3101
1525
2359
3454
1862
1785
3196
3130
3607
2002
3100
1833
1868
2133
1990
2875
1890
3194
1725
3501
1898
1674
1896
2444
3118
2319
2636
1863
2460
3164
2624
1905
2432
2311
1970
3612
3627
2748
1874
3106
2035
1861
3520
2032
3600
1800
2410
1858
2301
3122
2105
1656
3616
2117
3511
1807
1513
2056
1955
3620
2007
2809
3114
3112
2124
3411
2834
3165
2951
2355
1836
3127
3761
2910
1870
1535
1982
1925
1663
3155
2136
1860
1855
2720
2149
3552
1670
2947
3179
1870
1806
1821
2413
2120
3158
2940
3149
2125
1867
3104
1749
3626
1879
1955
B
1880
3224
2019
3141
2354
2173
2112
1685
1640
3207
1650
2116
3460
1873
3773
1821
3124
1897
3157
3117
3339
1880
2000
3731
1870
3197
3177
2010
1829
3001
2918
3104
2843
1714
1840
2113
1869
3336
2038
3111
3440
1901
3148
1680
1915
2425
1895
2320
2431
3400
2128
2436
2037
3767
2701
1742
3425
2104
1721
3606
3130
2011
3191
1954
2160
2760
2125
1874
3113
3170
3159
2525
2366
1842
2060
2121
2421
2477
1935
2912
2801
1909
1900
3179
1901
2408
3500
2943
1813
3136
1815
1888
1739
2031
3601
1755
2025
3556
2035
2137
1959
2707
2129
2914
2355
3163
2380
2419
2313
1883
1649
2907
2137
2401
2742
1754
3621
2055
2350
3130
2139
1893
1655
1860
3185
2013
3612
3184
2910
2152
3185
2124
3191
1865
2251
1851
2137
2108
1878
2331
3169
1900
2825
3186
2121
1885
1750
3167
3105
2742
1906
2161
2025
3156
1731
2475
3516
3643
2400
1850
3184
2609
2761
2531
1811
3351
2125
2964
A-B
3194
2378
3000
1885
1889
2128
31603116
2907
1820
3207
2211
21532168
3420
2001
1860
1882
1740
2801
2486
1860
3109
3150
2170
1655
3119
2730
1625
3133
2312
2141
3174
3516
2911
2137
2930
3160
2025
3163
1913 1854
2400
1835
3300
2437
3134
3109
1891
3101
2504
1842
3119
1863
2145
3140
1820
1939
1962
3144
3141
2830
1947
1470
3130
1905
3104
3306
2060
2031
1980
1896
1921
3123
1850
1856
2926
2060
1836
3644
2424
1953
1847
2321
2109
2118
1863
3182
1924
1731
2157
3165
2130
3201
1970
2080
2378
2201
3148
1889
1863
1850
3105
3600
1882
1895
1803
2037
1878
3190
1870
2359
1858
3600
2930
1862
1807
2340
1685
1895
-57
3171
3126
1875
2413
2165
1730
3624
2806
2043
3548
1800
2001
1846
3437
2700
3155
3138
3175
1852
2302
2321
2165
2149
1930
2900
1818
3157
3543
3117
3125
2354
3107
2307
2136
1896
3718
3601
1950
2378
2124
3407
2156
2595
3122
3601
3115
3504
1980
2924
2157
1819
1966
1885
1889
1801
2030
2117
3615
2712
3194
1874
2810
1838
2388
1881
3512
1853
3124
3425
2331
1951
1812
3149
3615
2781
1950
1965
1909
2726
1945
3112
1935
1685
1942
2850
2730
2820
3129
1990
2000
2301
2400
1884
2055
2945
1870
2025
3137
1845
3135
2080
1859
3060
3103
2108
3186
2610
2117 3000
1778
2761
3190
3165
1674
1880
3162
1880
1846
2156
2136
2190
1885
3150
1856
1873
2980
2867
3145
2983
3553
2152
3480
1669
1877
3115
1818
2007
3623
2144
1863
1887
1849
-65
2929
1868
2910
1797
3103
2117
2907
2095
2100
1940
1893
1691
3460
3002
3431
2109
2018
3123
2736
1663
1945
2017
2172
3175
2000
3135
2815
1849
1839
1700
3109
3110
1866
2431
3154
3174
2156
1910
2478
1906
3537
1905
1889
1791
1879
3155
-47
2006
1730
2311
3148
3119
2427
1675
1868
1837
1872
3311
3007
2270
2013
3155
3166
2324
3504
2836
1841
1891
1686
2740
2425
2356
3195
2112
2740
1777
2748
3653
3121
1883
3126
3612
1686
3109
3137
2995
1890
3155
1731
1783
2190
3161
1950
1829
1855
2437
3165
1893
1856
3105
3190
3530
1847
2320
2189
2367
3206
2841
2317
3120
1851
1670
1863
2305
2312
2120
2024
2307
1875
2292
2383
3430
3182
3174
1668
1897
2075
2005
1885
3117
2705
1893
3617
1868
3213
1822
2925
2113
3101
2991
3419
1663
2812
2001
2312
3500
2020
2600
1884
1607
2842
2401
3120
2040
3512
2898
3100
3183
3611
1821
1835
1975
2912
3618
2117
2161
2030
2000
1882
3171
3154
1874
1853
2412
2012
1840
1865
2702
1890
3480
3430
1866
3102
2701
2149
1674
1900
3625
1901
2801
1736
1950
3168
1836
1960
1800
2980
1909
1890
3449
1883
2720
2104
3755
1864
1890
3100
3400
3100
1913
2800
3186
3106
3105
2425
3124
3531
3105
3312
1859
2070
1831
2095
2025
3609
1964
1555
1842
2051
3118
2411
2924
3125
3115
1846
1664
1835
3168
2718
3124
3175
2141
1892
1-29
3135
1852
2901
2485
3105
-60
3170
2315
2709
1978
2404
1950
3114
3519
2835
2173
1881
1971
1819
2990
1917
2156
1879
1690
3647
3154
1807
2129
1722
2315
2730
2805
3215
3185
3175
2737
3500
1877
3334
3719
2806
1866
1970
3707
3147
2179
3445
1662
2325
1900
1873
3175
3206
1722
3178
2908
1958
2124
1985
3101
1887
1960
1862
2109
1920
3616
2409
1728
3135
1970
1640
2818
3162
3103
3155
3007
1841
3024
3134
3212
3195
1881
3108
1856
2474
1869
1819
3153
2013
1912
1550
1937
1829
3621
1915
2741
1803
1886
3430
1913
1867
2165
3145
1750
2235
1888
3112
3143
1674
3000
1830
2001
2830
1655
2949
1955
2030
2618
3183
1866
1842
1828
2432
1930
3125
2001
3214
3002
1950
1881
1668
2141
1732
2300
1871
1860
1938
1451
1856 3623
2115
2371
2700
1921
3113
1884
2913
1903
3112
1886
1855
1873
1864
2400
2148
2402
1668
1887
1796
2001
2006
1844
3301
2301
3147
2153
3115
3338
3178
1844
2179
3554
2507
1828
3125
2701
2164
1858
2313
1925
1940
2037
1738
2816
3206
2173
2108
1859
1889
1887
2800
3449
3366
2057
3418
1904
1884
1875
2155
1855
2125
1741
2837
1806
3195
3318
3190
1838
3100
2922
1918
2920
3401
3490
2540
3420
3144
2012
1878
1749
3040
3036
2530
1849
2128
3011
2100
1858
3207
1856
1855
3500
2916
3212
3170
2090
2601
2132
3615
3124
2800
3118
1853
1675
2024
3607
1826
110
1885
1869
3143
2156
2100
2456
2006
3630
2359
2912
3187
2742
1741
1950
1830
2401
1951
3401
1658
2176
1575
2975
1600
3561
3481
3172
2271
3630
2346
2146
1685
2113
2531
2012
3300
2825
3187
1985
A-B
3174
1841
1873
3359
2742
2930
2320
2109
1624
3131
3333
1875
1471
1670
3142
3195
3744
2137
1674
36243152
2359
1812
2176
2161
3163
3219
3136
3531
1947
3100
3133
1671
2821
2425
3606
2331
3179
1855
3128
2720
1885
2105
1727
2105
2178
2020
2355
2024
1855
2444
1791
3149
1880
3104
1875
3171
2301
3140
1850
2353
3105
1894
2630
2827
3167
2189
3120
3510
2100
3108
3036
1943
2441
2350
1875
1654
2001
2460
2145
3135
2125
3206
1985
2780
1680
2133
1783
1738
3185
3500
2985
1861
1905
3000
1901
2030
2012
2419
2031
1837
2900
1707
3207
2295
2093
2979
3146
2500
3125
3141
1845
3515
1874
3132
1885
2129
1975
1810
1924
1839
2706
3206
1805
3101
2505
1832
2912
3165
2721
2025
2898
3158
2424
2015
1878
2037
3134
2971
1801
3622
2400
2350
2450
2000 1875
3607
2125
3125
3607
1985
2940
1921
2507
1840
2900
3561
1880
2416
2020
2139
2513
1914
1867
3145
1888
3105
2325
3180
2172
2908
2161
3121
1847
3121
3145
2033
2420
2132
3164
1801
2153
1900
2412
1895
1935
3001
1862
2159
2431
1981
3179
2932
2140
1724
1960
2140
2519
2108
1836
1812
3543
2420
3160
2922
3169
2807
1850
1900
2405
2105
3101
3449
2178
1884
1913
1980
3042
2427
1825
1868
3144
3167
2007
2013
2719
3128
3197
1920
2129
3139
3166
1882
2041
1857
3401
2730
3466
2048
1471
2007
3505
2801
1877
1530
1886
1675
2418
2001
1844
3113
2116
2749
2406
2104
3163
2600
1725
2462
1849
1662
1883
2141
3148
3195
3175
2116
1942
3150
2345
2401
2401
3101
2108
2410
1863
3115
1967
1881
3130
1854
3552
2222
1844
2437
1887
2970
1871
2063
2981
3122
1555
2133
2051
2346
2007
3100
1867
2345
1869
3110
3110
2195
2366
2160
3154
1732
1790
1856
1849
3164
2948
3176
2401
1828
3700
2952
1925
1910
2120
2459
2830
2840
1880
3131
2836
1935
1-8
2056
3125
2136
3631
1825
2109
1874
3168
1839
1804
1943
2321
2160
2300
1876
2344
1887
1687
1842
3161
3484
3181
1901
1/2
2026
2842
1807
1878
3120
1824
1800
1784
2700
1946
2420
1734
3621
2321
2836
3112
1955
1718
3140
3001
3116
2800
2075
2060
2149
3134
1865
3606
3153
2101
2056
2407
1891
3120
2066
1871
3116
3101
2740
2000
2405
3116
1894
2105
2019
3194
2801
3150
3175
2954
1938
1738
1862
3165
2610
-47
1963
1871
2019
1912
3739
1680
1881
2401
2128
1867
2001
1835
3519
2512
3123
1519
3135
1692
3117
3479
2365
1868
2304
2480
1725
3156
3107
2600
3121
3318
2410
1849
1837
3107
3156
3108
3484
3191
1845
1755
1848
3164
1875
2818
2030
2121
31503136
2120
1867
1865
3104
3119
2000
3113
1801
2054
2020
1728
1655
3368
3175
2024
2032
1815
2812
2136
2050
1784
3140
1939
1785
1868
2300
3106
3116
2311
1879
1873
1925
2967
2343
1866
3107
2980
1741
3015
2700
1950
3173
1910
1800
2790
2132
1864
2160
2157
1879
1730
1857
3114
1951
2940
1896
1879
3161
3059
1883
1451
2501
2875
2701
3153
2441
3537
1736
2970
2909
1863
2943
1811
2415
3508
1792
2157
2475
2355
3140
3065
1820
1963
2006
3145
1687
3490
2409
1943
2383
2121
1844
2500
2906
2018
3600
2144
3102
1613
2501
3103
2465
1832
1806
3424
2537
1902
2013
2012
1820
1830
2345
1686
1635
2169
1925
2990
-40
3157
2947
1948
2402
2020
1838
2730
3507
1779
2991
1839
2700
2060
2824
2831
3125
1840
1844
3112
3108
3749
3742
3000
3191
3104
3502
1894
3168
2030
1663
2437
3145
3350
3546
2132
2243
18332390
3490
1869
1874
3306
1894
3140
1821
2107
1824
1838
1726
1891
2120
3108
2152
1858
1865
3101
3218
2013
2145
2050
3115
1940
3185
1625
1886
3033
3491
1834
3151
3415
3647
1632
3183
2400
3200
2112
1883
2172
1854
3164
3344
2019
2924
2640
3180
1897
1830
2521
1881
3195
3143
1892
1957
3179
1687
2173
1950
3159
1619
1954
3520
2311
2720
3158
-28
2420
3525
2770
3107
1878
3102
3135
1974
2133
3176
2912
2037
3187
1888
1662
2410
1859
3113
1654
1869
3186
3162
2101
2012
2038
3178
1820
2104
1851
2019
3021
1877
2485
3132
1965
1690
3200
2112
1730
2353
3187
1872
1854
2037
3152
2140
2837
1723
2148
2397
2100
1630
1866
1949
1866
1720
1865
2421
1931
3152
3424
2979
1785
1645
2412
2801
3120
3146
2149
1681
2332
1876
3520
1856
3126
3155
2156
1832
1899
2295
1980
1846
2430
1674
1879
1779
1887
3151
2748
2900
2754
3194
1882
1843
2020
2113
2031
1930
1960
2781
2951
3107
2172
1735
3315
3501
2222
H15-716
H15-714
H15-715
H15-677
H15-532
J16-180
J15-612
J15-519
J15-511
J15-497J15-150
J15-145
J15-084
J15-049
J15-012
H16-403
H16-390
H16-106
H16-103
H16-085
H16-084
H16-083
H16-004
H16-003
H15-698
H15-697
H15-696
H15-695
H15-693
H15-692
H15-691
H15-690
H15-689
H15-688
H15-687
H15-686
H15-685 H15-684
H15-682
H15-681
H15-680
H15-679
H15-676H15-675
H15-674
H15-673
H15-672
H15-671
H15-670
H15-668
H15-667
H15-665
H15-664
H15-663
H15-662
H15-661
H15-660
H15-659
H15-657
H15-655
H15-654
H15-652
H15-650
H15-649
H15-647
H15-646
H15-645
H15-644
H15-643
H15-642
H15-641H15-640H15-639H15-638
H15-637
H15-636
H15-635H15-634
H15-633
H15-632
H15-631
H15-629
H15-628
H15-627
H15-626
H15-625
H15-624
H15-622
H15-618
H15-613
H15-612
H15-611
H15-609
H15-607
H15-605
H15-602
H15-601
H15-600
H15-598
H15-594
H15-592
H15-591
H15-590
H15-588
H15-586
H15-585
H15-584
H15-583
H15-581
H15-579
H15-577
H15-576
H15-575
H15-574
H15-571
H15-570
H15-568
H15-567
H15-566
H15-562
H15-561
H15-558
H15-557
H15-554
H15-553
H15-552
H15-551
H15-550
H15-547
H15-546H15-544
H15-542H15-541
H15-539H15-538
H15-536 H15-535
H15-534H15-533H15-531
H15-530
H15-527
H15-524
H15-522
H15-521
H15-520
H15-519
H15-517
H15-516
H15-515
H15-513
H15-512 H15-511 H15-510
H15-509 H15-508H15-507
H15-506
H15-505
H15-504
H15-503
H15-502H15-501
H15-500H15-499
H15-498H15-496
H15-495
H15-494
H15-491
H15-490H15-489
H15-488
H15-487
H15-486
H15-485
H15-482
H15-481
H15-480
H15-478
H15-476
H15-475
H15-473
H15-472H15-471
H15-470H15-469
H15-468
H15-467
H15-466
H15-464
H15-461
H15-460
H15-458
H15-457
H15-455
H15-453
H15-452
H15-451
H15-449
H15-448
H15-447
H15-446
H15-445
H15-444
H15-441
H15-438
H15-437
H15-436
H15-432H15-431
H15-430
H15-428H15-427
H15-425
H15-422
H15-420
H15-418
H15-417
H15-416
H15-415H15-414
H15-413
H15-412
H15-411
H15-410
H15-409
H15-408
H15-406
H15-404
H15-403
H15-401
H15-400
H15-399
H15-398
H15-397
H15-396
H15-395
H15-393
H15-392H15-391
H15-390
H15-387
H15-386
H15-385
H15-384
H15-382
H15-381
H15-380
H15-379
H15-378
H15-376
H15-375
H15-374
H15-371 H15-369
H15-368
H15-366
H15-365
H15-364
H15-363
H15-362
H15-359
H15-358
H15-357
H15-356
H15-355
H15-349
H15-348
H15-346
H15-344
H15-343
H15-342
H15-339
H15-336
H15-330
H15-329
H15-328
H15-327
H15-326
H15-323
H15-322
H15-321
H15-320
H15-319
H15-318
H15-313
H15-309
H15-307
H15-306
H15-304
H15-302
H15-299
H15-298
H15-297
H15-295
H15-291
H15-290H15-288
H15-287
H15-285
H15-284
H15-282
H15-281
H15-280
H15-275
H15-263
H15-262
H15-260
H15-259
H15-258
H15-257
H15-256
H15-255
H15-253
H15-252
H15-251
H15-250
H15-249
H15-248
H15-247 H15-244
H15-243
H15-242
H15-237
H15-232
H15-229
H15-227
H15-226
H15-223
H15-222
H15-221
H15-219
H15-217
H15-216
H15-215
H15-214H15-211
H15-207
H15-205
H15-204
H15-202
H15-199
H15-198
H15-197
H15-196
H15-195
H15-191
H15-190
H15-185
H15-184
H15-183
H15-181
H15-177
H15-176
H15-169
H15-168
H15-167
H15-166
H15-162
H15-161
H15-160
H15-159
H15-158
H15-157
H15-156
H15-154
H15-153
H15-152
H15-151
H15-150
H15-149
H15-148 H15-147
H15-146
H15-145
H15-144 H15-143
H15-142
H15-141
H15-140
H15-139
H15-138
H15-137
H15-136
H15-135
H15-134
H15-132H15-131
H15-130
H15-129
H15-128
H15-127
H15-125
H15-124
H15-123
H15-121
H15-120
H15-118
H15-116
H15-114
H15-113
H15-112
H15-111
H15-110
H15-109
H15-108
H15-106
H15-104
H15-103
H15-102
H15-101
H15-099
H15-098
H15-096
H15-095
H15-093
H15-091
H15-089
H15-088
H15-087
H15-086
H15-085
H15-081
H15-079
H15-078
H15-077
H15-075
H15-073
H15-071
H15-070
H15-069
H15-068
H15-067
H15-066
H15-065
H15-062
H15-061
H15-060
H15-059
H15-058
H15-057
H15-056
H15-055
H15-052
H15-051
H15-050
H15-049
H15-047
H15-045
H15-044
H15-043
H15-042
H15-041
H15-040
H15-039
H15-038
H15-037
H15-035
H15-032
H15-031
H15-030
H15-029
H15-026
H15-024H15-023
H15-021
H15-020
H15-018
H15-010
H15-008
H15-007
H15-005
H15-003
H15-002
H15-001
H14-173
H14-172
H14-146
H14-145
H14-126
H14-125
G16-014G15-184
G15-183
G15-182 G15-107 G15-006
J15-506CO
J15-111CO
H15-694CO
H15-651CO
H15-648CO
H15-623COH15-621CO
H15-620CO
H15-619CO
H15-616CO
H15-614CO
H15-606CO
H15-603CO
H15-587CO
H15-573CO
H15-572CO
H15-560CO
H15-559CO
H15-545CO
H15-537CO
H15-529CO
H15-528CO
H15-518CO
H15-514CO
H15-497CO
H15-493CO
H15-492CO
H15-484CO
H15-483CO
H15-479CO
H15-474CO
H15-463CO
H15-456CO
H15-454CO
H15-450COH15-443CO
H15-442CO
H15-434CO
H15-433CO
H15-426CO
H15-419CO
H15-407CO
H15-405CO
H15-394CO
H15-383CO
H15-377CO
H15-373CO
H15-367CO
H15-360CO
H15-347CO
H15-331CO
H15-317CO
H15-308CO
H15-305CO
H15-279CO
H15-277CO
H15-274CO
H15-273CO
H15-272CO
H15-271CO
H15-270CO
H15-269CO
H15-240CO
H15-239CO
H15-224CO
H15-210CO
H15-203CO
H15-187CO
H15-180CO
H15-171CO
H15-133CO
H15-122CO
H15-119CO
H15-117CO
H15-115CO
H15-105CO
H15-090CO
H15-084CO
H15-083CO
H15-082CO
H15-080CO
H15-076CO
H15-072CO
H15-064CO
H15-054CO
H15-046CO
H15-036CO
H15-028CO
H15-025CO
H15-022CO
H15-006CO
H15-004CO
H14-154CO
G15-069CO
G15-003CO
G14-295CO
4 8
7 9
8 864
4 93
6 5
5 9
8 7
8 5
4 3
579
7 6
7 57
4 8
5 5
6 6
7 6
8 7
9 8
5 4
7 8
7 6
6 9
9 7
5 7
6 9
4 5
9 9
9 6
9 89
6 8
6 86
7 88
8 7 6
7 6
67 5
5 4
7 7
8 4
76 8
7 9
6 6
5 5
3 4
2 5
8 7
6 5
8 8
6 6
8 7
6 8
4 4
6 7
4 5
7 4
3 8
9 5
8 8 9
9 7
8 4
9 5
4 5
7 7
6 5
5 6
5 8
5 7
4 4
3 2
4 3
7 6
6 8
5 4
3 4
5 5
6 9
6 6
4 5
5 6
6 4
3 4
3 33
4 5
5 4
4 5
5 5
7 4
5 3
5 6
7 6
6 6
6 7
5 6
6 5
6 6
6 7
66 7
7 9
6 6
6 6
5 5
6 7
6 66
5 6
6 7
6 6
7 8
6 8
9 6
6 6
6 6
5 6
6 5
7 8
5 6
5 6
6 3
7 7
8 7
4 8
4 6
5 5
7 6
6 5
5 6
7 7
6 5
6 7
5 7
8 4
4 7
4 7
4 8
8 7
7 6
7 4
4 6
6 9
6 3
3 5
6 6
6 5
3 9
4 5
5 6
5 4
9 75
5 6
6 6 5
4 5
15 10
10 15
18 10
10 10
11 10
10 1514
10 12
10 20
12 14 13
15 16
15 11
14 2019
1810 10
12 22171411
10 11
13 11
10 11
10 12
10 13
13 11
11 10
11 12
10 11
11 11
11 16
18 10
13 13
11 12
12 12
13 10
10 PROJ 227
PROJ 60
OVERFLOW INTO EAST ST. 12' LINE
PARTIALLY PLUGGED-FLOW COULD
ONLY WHEN CLAYTON RD 12' LINE FULL-
15 36
18 6
12 4
8 10 6
6 8
6 6
6 8
8 6
8 6
8 6
6 10
6 8
6 36
6 6
8 6
6 8
6 6
6 6
6 8
8 8
6 6
8 6
6 6
8 6
8 36
6 6
8 6
8 6
6 6
8 6
15 8
6 6
6 6
8 6
10 6
8 36
6 6
10 8
6 6
6 6
6 6
8 6
12 36
6 6
18 6
6 18
8 15
6 10
6 6
15 8
12 6
6 6
6 6
6 6
6 10
6 6
12 6
6 8
6 6
36 6
8 6
6 6
6 6
8 6
6 6
10 6
8 6
6 8
12 8
8 6
8 6
15 6
6 8
6 6
6 6
6 8
6 8
8 6
15 36
6 12
6 6
6 6
6 6
8 6
8 6
8 6
8 6
6 6
8 6
6 15
6 6
8 6
12 6
6 6
15 6
6 8
6 6
8 36
8 15
8 6
6 6
8 6
6 8
6 15
6 8
6 8
6 12
6 6
6 6
6 6
6 6
6 10
6 6
15 6
6 6
6 8
6 6
6 6
6 12
6 6
6 6
6 8
8 36
6 8
15 8
6 6
6 6
8 6
6 15
6 8
6 6
6 6
15 6
10 6
12 6
6 6
6 8
6 6
6 15
6 8
6 6
6 10
12 6
8 8
6 6
12 8
6 18
15 6
6 6
6 6
6 8
8 6
6 8
8 6
6 10
15 6
6 6
6 15
6 6
8 6
8 6
6 6
6 6
6 8
6 6
8 8
6 6
15 6
6 6
8 10
8 8
8 10
6 6
8 6
6 6
6 6
8 6
6 6
6 6
6 6
6 8
6 6
6 6
8 6
6 10
8 8
6 8
6 12
6 6
8 10
6 6
8 8
10 6
6 15
12 6
6 6
6 6
6 6
12 6
6 6
18 8
15 6
6 6
6 6
6 6
6 6
12 10
8 6
10 6
8 6
8 8
12 8
6 6
6 6
8 15
6 6
8 6
6 68
15 6
6 6
6 8
6 8
10 6
8 6
10 6
6 18
8 6
12 6
6 6
8 6
10 6
6 18
6 36
66 6
8 10
6 6
6 6
8 8
6 6
12 6
15 36
6 6
15 86
8 6
8 6
6 6
8 6
8 10
8 8
6 8
6 6
36 8
10 8
8 6
6 8
8 8
18 10
6 6
6 6
6 8
12 6
6 8
6 6
6 6
6 6
6 15
6 6
8 8
6 6
10 6
6 6
6 6
6 6
6 6
10 6
6 6
6 6
6 6
6 6
12 6
6 6
8 6
6 6
01 0024
0160
0060
0300
016
0079
009
0477
029
0050
019
032
02 007
0105
0049
015
028
006
0036
0055
0076
0028
03 0108
0085
017
023
0032
0267
012
0152
01222
0048
0322
6 0119
0045
011
008
014
0432
0316
0065
0124
0224
0064
0.1 0536
005
0208
0113
0681
0088
0066
0433
003
004
0033
0068
0052
0072
06 010
018
002
07037
0025
0065
019
008
006
03 006
006
0028
0064
005
01 008
01 004
0028
006
006
008
012
01 0068
008
005
0079
006
004
004
0088
0033
002
006
0076
0025
016
007
005
004
004
01 0052
008
0048
0076
0024
008
0052
004
0049
01 01
006
01 006
006
006
0028
008
005
004
004
01 006
06 006 01
0085
005
004
018
0024
002
01 004
0076
004
0076
010
007
002
0068
005
0076
0477
002
01 0076
0152
004
008
0052
002
01 004
0036
0076
0068
006
004
004
0088
01 0066
006
006
014
004
008
0033
006
005
0068
0076
002
0085
006
0065
0105
0076
010
008
0076
01 004
0076
018
005
002
0024
0033
00520045
006
0052
005
006
002
012
0068
0036
008
01 004
012
004
01 0024
0052
WISTERIA WY
WISTERIA WY
HARMONY WY
CRYSTAL AVE
SUTTER ST
SANTA CLARA AVE
EL CAMPO CT
ASHBURY DR
DENA DR
MONTEREY
ASHDALE DR
AMADOR AVE
SAN CARLOS AVE
JO DE CT
PALO VERDE DR
GARDEN AVE
CARLOTTA DR
MOUNTAIN VIEW DR
GARNET LN
OAK ST
THE ALAMEDA
THE ALAMEDA
WILLOW PASS RD
PORT CHICAGO HWY
VILLAGE RD
WREN AVE
CRENNA AVE
ROSELAND DR
SINCLAIR AVE
6 7
9 5
6 6
8 5
7 8
8 8
7 6
6 6
7 9
6 6
3 8
868
96 9
6 6
9 5
7 5
7 9
7 8
9 4
6 6
9 9
5 8
5 8
7 3
8 4
7 5
3 5
7 5
7 5
5 6
6 4
4 5
3 4
5 5
7 7
8 7
6 6
6 6
7 6
5 4
86 6
7 8
7 7
7 6
6 4
8 3
2 5
9 5
5 5
6 4
4 7
10 10
10 11
10 10
11 1319
17 18
1410
10 14
15 17
11 15
12 18
11 11
12 11
11 16 14
17 12
11 10
11 11
13 14
13 26
15 10
PROJ 227
PROJ 227
PROJ 227
PROJ 227
GOES FROM CLAYTON RD TO berkeley ave.UNDER NORMAL CONDITIONS ALL FLOW
ABANDONED
15 / 012
PROJ 227
0050
007
0196
0036
0326
020
0766
012
0091
0132
0132
0132
0045
0193
008
0043
026
0609
051
0189
0106
0088
0035
0138
0633
068
0510
003
003
0015
0015
004
0179
0179
0307
0068
0068
078
0052
0052
0072
0927
0273
0273
018
0903
002
0104
024
024
024
0063
0025
023
012 01 005
006
01 006
002
0033
0052
008
0028
004
002
006
004
006
008
008
014
005
002
0025
006
0085
004
006
008
0045
006
006
00790048
006
006
0076
012
007
005
0065
006
0076
006
006
0052
0085
0052
0036
0028
004
0316
0033
002
006
004
004
006
006
0045
0024
01 012
006
0028
006
0045
0055
004
006
014
0024
02 004
0052
004
005
005
002
0105
012
006
0052
006
004
006
006
006
006
0049
0052
004
004
004
006
002
012
0028
M19
FEB 20140 300 600150
FeetEdit/Update Questions !( Sewer Manhole Sewer Line
Manhole Invert
7 6 Pipe Diameter
043 Slope
CURRENTLY UNDER REVISION/UPDATE.
Although every reasonable effort has been made to assure the accuracy of this data, the City of Concord makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of any of the data provided herein and explicitly disclaims any representations and warranties, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose.
The City of Concord assumes no liability for any errors, omissions, or inaccuracies in the information provided regardless of how caused and assumes no liability for any decisions made or actions taken or not taken by the user of the data in reliance upon any information or data furnished hereunder. Because the GIS data provided is not warranted to be up-to-date, the user should check with the City staff for updated information.
City of Concord Sanitary Sewer
This map is to be used as a sewer network schematic only. Not to be used for location or digging purposes.
H15
ZONE 2-N
- H15-525CO_H15-526
- H15-526_H15-527 (CONFIRM
H15-526 ID)
ZONE 2-M
- H15-647_H15-536
*VIDEOS AVAILABLE BUT
LOCATION UNKNOWN
H15-526 (CONFIRM
IF CORRECT ID)
H15-660 (CONFIRM
IF CORRECT ID)
H15-564 (CONFIRM
IF CORRECT ID)
6TH ST
CLAYTON WAY
LEGEND
CCTV AVALIABLE
NO CCTV
UNKNOWN ID
UNKNOWN ID
UNKNOWN ID
UNKNOWN ID
UNKNOWN ID
UNKNOWN ID
600'-0"
416'-2 1/2"
193'-9 3/4"
170'-1/4"
52'-4 3/4"
746'-9 1/2"746'-9 1/2"
509'-10"
509'-10"
1,157'-1 3/4"
1,157'-1 3/4"
522'-11"522'-11"
346'-2 1/2"346'-2 1/2"
267'-4 1/2"267'-4 1/2"
833'-1"
477'-9 3/4"
477'-4"142'-7 1/4"
97'-9"236'-11 3/4"
518'-7 1/4"
518'-7 1/4"
326'-11 1/4"
121'-1/4"
205'-11 1/4"
97'-5 1/2"
97'-5 1/2"
1,147'-7"
1,147'-7"
356'-4 1/2"356'-4 1/2"
124'-11 1/4"
124'-11 1/4"
438'-5 3/4"438'-5 3/4"
402'-7 1/4"
271'-3 3/4"
131'-3 1/2"
143'-1 3/4"143'-1 3/4"
595'-2 1/2"
595'-2 1/2"
1,397'-10"1,397'-10"
334'-1 1/2"334'-1 1/2"
321'-0"321'-0"
290'-5 1/4"290'-5 1/4"
266'-6 1/4"122'-1/2"144'-5 3/4"
316'-5 3/4"
316'-5 3/4"
1,134'-0"
301'-4"
129'-1 3/4"
215'-7 1/4"
487'-11"
140'-9 1/4"
140'-9 1/4"
1,673'-6 1/4"
232'-1/4"
942'-9"
498'-9"
177'-4 3/4"177'-4 3/4"
297'-2 1/4"
297'-2 1/4"
258'-6"
258'-6"
279'-3 1/4"279'-3 1/4"
631'-5 1/2"
291'-4 3/4"
340'-3/4"
495'-2 3/4"
495'-2 3/4"
196'-9 1/4"196'-9 1/4"
1,015'-1 1/4"1,015'-1 1/4"
293'-5 1/4"
293'-5 1/4"
109'-0"
109'-0"
502'-2 3/4"
502'-2 3/4"
172'-3"
172'-3"
211'-2"211'-2"
731'-7"
299'-1 3/4"
432'-5 1/4"
235'-9"
235'-9"
256'-1 1/2"256'-1 1/2"
408'-9 1/4"408'-9 1/4"
125'-6 3/4"125'-6 3/4"
722'-6 3/4"
397'-6 1/2"
325'-1/4"
294'-6 3/4"
253'-6 3/4"
41'-1/4"
301'-10 3/4"211'-10 3/4"
90'-0"
251'-1 1/2"
251'-1 1/2"
1,091'-3 1/4"
1,091'-3 1/4"
51'-6 3/4"51'-6 3/4"
Additional Scope 6/16/2025
112 Manhole Dips
Need ~ 20,000 LF of Video that is missing (19,875 LF counted) Have additional 6,950 LF that needs review provided by the City.
Exhibit 'A' - Additional Sewer Video Survey Scope
6/16/2025
KEVIN PL
WILKINS LN MICHELLE CT
VERN LN
WALNUT PL
HARMONY WY
LILAC CT
FERNDALE LN
JO DE CT
LANDANA DR
LA BONITA WY
SANDALWOOD DR
CT
WEST ST
TAFT ST
LYNWOOD
DRACENA
DANA CT
WREN CT
LOGAN CT
WREN AVE
GROSS LN
NOEMI DR
MARGO DR
REGAL DR
LARCH CT
MAJESTIC
MULBERRY
JAMES LN
MONTEREY
ALRAY DR
TAMMY LN
AIELLO CT
CEEMAR CT
VENICE DR
CHABAN DR
YEOMAN DR
WILSON LN
ROLAND DR
SHARON DR
NEWCASTLE
ELWOOD CT
BAMBOO CT
LOLITA DR
MAPLEWOOD
POPLAR AVE
HAMMOND PL
WALNUT AVE
CRENNA AVE
CLAYTON WY
BOXWOOD DR
ASHDALE DR
JUNIPER DR
ELKWOOD DR
KENWOOD DR
LYNWOOD DR
SAPLING CT
BURBANK DR
ROXBURY DR
SATTLER DR
LANDANA DR
DANESTA DR
GUMWOOD DR
ANCONNA CT
LINDERO DR
OAKPARK CT
SEQUOIA CT
ROYAL ARCH
BOXWOOD CT
GEORGIA DR
LANDANA CT
EL CAMPO CT
WOODLAND DR
CARLOTTA DR
LARKSPUR CT
MONTROSE DR
PARKMALL CT
MULBERRY DR
BELLWOOD CT
MAJESTIC DR
PIEDMONT DR
MOSSWOOD CT
BELLWOOD DR
PARKTREE CT
DOLORES WAY
EL CAMPO DR
WOODSIDE CT
LARKSPUR DR
ELDERWOOD DR
CONCORD BLVD
SUSANWOOD DR
LEMONWOOD DR
GLENDALE AVE
NORTHPARK CT
WOODCREST DR
WOODSDALE DR
JEFFERSON ST
GREENTREE DR
LIVE OAK AVE
WOODSDALE CT
BEECHWOOD DR
MENDOCINO DR
NEWCASTLE RD
DENKINGER RD
MANZANITA DR
CHAPARRAL CT
LA MIRADA DR
GRANZOTTO DR MAPLEWOOD DR
BIRCHWOOD CT
CRESTWOOD CIR
ORANGEWOOD CT
SILVERWOOD DR
ROYAL ARCH DR
COTTONWOOD DR
CHINQUAPIN CT
SIERRAWOOD CT
DORCHESTER PL
FORESTVIEW AVE
WESTCHESTER PL
EAST EL CAMPO CT
DR
FOREST
ROXBURY
TOYAH CT
BEECHWOOD
CRESTWOOD
PARKWAY CT
ST MICHAEL
ALMONDWOOD
VERNIER DR
ROSEWOOD DR
EL CAMPO PL
PINETREE CT
BOATWRIGHT DR
EUCALYPTUS CT
SOUTHPARK
WILDWOOD CT
VILLAGE RD
GRANADA DR
EL CAMPO CT EL CAMPO CT
MANZANITA DR
DANESTA DR
MARGO DR
PIEDMONT DR
COTTONWOOD DR
CRESTWOOD CIR
CARLOTTA DR
VILLAGE RD
GRANADA DR
BEECHWOOD DR
LYNWOOD DR
ALRAY DR
MENDOCINO DR
LANDANA DR
LINDERO DR
BOXWOOD DR
VILLAGE RD
LYNWOOD DR
LYNWOOD DR
SILVERWOOD DR
CT
LANDANA DR
GREENTREE DR
CLAYTON WY
SHARON DR
LYNWOOD DR
SATTLER DR
JUNIPER DR
LANDANA DR
LIVE OAK AVE
WEST ST
LANDANA DR
ALRAY DR
ELKWOOD DR
MULBERRY DR
CONCORD BLVD
CRESTWOOD CIR
B
3828
52-78
A-E
3806
48 3500
10-42B
4115
A-F
3515
3938
21 3816
A&B
C1-4
3611
1724
3798
3933
1723
3834
4496
3511
1671
4393
1811
3911
3711
4011
3811
4119
4118
4113
1678
3799
3877
1935
5 3727
71 3841
1699
3709
3997
1745
1885
3989
3808
3881
1648
3520
1718
15 1712
1674
78 3992
1643
1631
1941
3807
3761
3660
1618
3769
3754
3600
1637
1606
1612
3717
1741
3723
1698
1619
1607
3857
1645
4487
3765
3770
3843
3793
3721
1839
1781
3672
3530
1706
1716
3666
1730
3712
3826
3673
3616
1804
3766
3714
3999
3718
3820
3710
3719
1690
3860
3801
1713
3842
3684
3642
1825
1821
3830
1947
1693
3606
4014
791695
1757
3854
3590
1701
3848
1681
3814
3825
1669
3654
1936
3747
4 3655
1675
1802
3508
3813
1687
3512
1663
1889
1659
3831
1679
3661
3837
3756
1691
3773
3850
1685
3739
3619
3730
1684
3779
3852
3916
3598
3781
3832
3540
1696
1887
3696
3722
3706 3975
1923
3630
3949
3762
3748
3637
4435
1613
3643
3982
1688
1600 1700
3895
1765
1823
3631
3772
3812
4419
3625
3700
3921
3836
1666
3818
3880
1806
1850
3889
1771
3964
3896
3919
3516
3648
3914
3901
3753
3824
1697
3970
3986
3771
3777
3926
3767
4499
3892
3995
1842
3910
3760
3649
3740
4195
3751
3851
3716
4287
3950
3907
3969
3967
3758
1686
3905
3789
3985
3979
3624
3707
3937
3636
4003
4087
3956
4439
1715
4432
3951
20 3984
3955
3966
3945
1800
3725
3978
3918
1720
4004
1719
3908
4075
3954
12 3972
4423
4498
3990
3977
3936
3924
4494
1807
3973
1803
3928
3612
3618
3900
4008
1692
1773
3948
1801
1775
4420
3902
3932
4424
3998
3934
3906
4202
1809
3939
3743
3713
3890
3946
3757
4495
4160
3927
4031
1834
4201
55 1777
3909
3774
1601
3962
1709
3943
3968
3961
3957
3891
1710
1703
3930
3913
1680
41964199
4443
3980
3741
4002
63 3886
1740
3944
3931
4023
3731
1707
3963
1653
1726
3958
4250
4029
3994
3701
3960
4053
3883
3942
4257
4463
1704
1836
3920
1721
1805
3922
3996
4483
1790
4010
1780
4380
4012
1792
4524
3607
3720
4155
1814
4073
1758
4037
1848
4024
4334
4055
1789
4530
4268
1625
4281
3904
1729
4056
1760
40491672
4458
4256
1654
4062
4098
4172
4231
4013
1820
1768
1734
1650
1725
1753
4200
4275
4190
1642
3776
1785
4005
4519
1624
1869
1795
1636
1847
1856
4237
1830
4193
4367
1862
4232
1766
4032
1783
1884
4038
4169
3941
4184
1683
1828
1746
1748
1838
1829
4244
1764
4016
1793
1668
1796
1786
1630
4523
4479
4251
1782
1822
1788
4181
1826
4471
4455
4467
1846
1735
4363
4462
4187
4459
1784
3601
1798 1778
1747
1769
1843
4018
3991
4475
1749
1818
1752
4079
1794
1832
1844
1774
1750
4466
4175
3903
1772
1732
1873
1744
1776
1756
4274
1840
1754
1660
4043
4454
1787
4007
3647
1728
4061
4262
1841
4001
1727
4067
1770
4269
1733
3819
4427
4154
1797
1762
1702
4022
1837
1736
4263
4028
1791
4178
1859
4059
4017
4021
4019
1662
4166
3790
3726
23 1817
31 3692
1815
1824
3775
3686
3737
1816
3855
34 4027
3479
1819
4025
3478
3745
1863
3866
1894
4431
3912
17511763
4213
1853
3728
3736
4131
3915
4428
4091
1667
4214
4447
4085
4033
1899
4057
4261
1877
1895
1833
4020
4241
1854
4125
1849 4015
4044
3862 3874
1827
37443738
4249
3868
3838
3952
4107
1865
1835
3652
1890
1855
4219
3613
1739
1738
4143
84 1875
4045
1874
1876
1857
4137
1913
4148
4064
4142
3778
1851
3899
1907
1891
87 1799
1755
4267
1879
3784
1808
1845
409340694063
1761
4081
4436
3763
3993
3829 3849
1892
3861
3823
3749
3887
4226
3800
3665
4149
4068
1898
3791
3750
4245
3653
4099
4039
1810
4106
1813
3835
1896
4255
3940
1831
1883
3859
1737
4009
4400
3659
3833
1866
3698
4451
1812
3858
4074
4080
1881
4092
4086
3485
1655
1861
1661
3733
3472
3644
3680
1858
3473
4273
1852
4124
3876
4000
1864
3815
3882
1912
1867
1897
17591767
1893
3872
3884
1860
3702
1870
1868
3742
3885
3724
4101
1906
1779
3875
3663
3821
3805
4006
1872
4050
1743
3803
4051
3704
1878
3864
3735
4207
3746
47 3788
3708
1742
39 22
3925
3867
A
1694
A-D
4280
4286
3585
1682
4034
A1-8
A-C
1722
4225
3755
1673
3917
1656
3599
A & B
3947
4194
1880
1725 1-10
1649
3504
4026
3879
1827 1/2
1765 A
1731
3792
3871
3935
1826 A
1865 A
1842 A & B
1882
1929
1871
1854
1730
1857
3612
1844
3742
1746
1757
1843
3851
1850
3730
1612
1834
1830
3725
1827
3836
1846
1815
1794
3661
1778
3643
1872
1773
1766
1880
1881
1876
1795
1833
1770
1788
3737
4014
1843
4014
3991
3613
1746
3990
1760
1830
1836
1857
1855
1772
1837
1870
3849
1870
1834
1874
1794
1815
3961
1852
3867
3979
3744
1666
4026
1826
1749
3924
1824
1782
3955
1712
1815
1737
1793
1775
1835
1786
3818
1826
1815
3949
1840
3775
1750
1862
1763
1774
4101
1851
3713
3760
1849
A-D
4056
4002
1784
1804
1741
3601
1760
4015
1812
1774
4031
1745
3979
1814
1779
3601
1699
1811
1816
1752
1881
1885
4431
1796
3713
1667
3991
1786
1824
1774
3700
1791
1735
1728
1764
1698
1792
1875
1854
3972
1816
1655
1839
1834
1833
4014
1864
1786
1860
1813
1736
3772
1802
1736
1824
3860
1875
3996
3961
3607
1826
1861
1873
1826
4050
1825
3909
1656
1824
1785
1823
1742
1777
1759
4068
3966
1873
1843
1751
4432
1842
1785
1805
1825
1861
1865
1780
3711
1813
1619
1781
3942
4003
3719
3741
1683
4043
40054007
3654
1838
3920
3966
3883
1815
3939
1815
1744
3606
3899
3874
3600
1818
1842
1848
1840
1795
4092
1862
1845
3714
4436
1844
3919
1738
1834
1807
1780
1750
3991
1808
1699
1789
1859
1870
1637
1847
1756
1777
3819
3919
3712
4061
1763
1774
1680
1781
1867
1800
1790
1734
3801
1878
3849
3837
1819
1781
1812
4003
1730
3911
1866
1871
1655
1764
1779
3880
1777
1812
4001
1825
3891
1835
1825
1836
3931
3943
3637
1815
1835
1824
1821
1678
1761
3619
1831
1759
4080
3808
1752
1787
1769
1783
1770
1805
1865
1820
1771
1879
3673
1739
1818
1796
1863
3655
3979
1725
3613
4263
4009
3730
3901
3718
3606
1847
3919
1837
1779
1772
4009
3916
1897
1818
1827
1681
1838
1773
1817
1782
1845
3712
1868
A & B
1761
1771
1843
1817
4074
3612
3824
1739
1781
3825
1873
3951
3882
3948
1810
1759
1737
4073
3967
1875
1827
1768
3719
1648
1734
1781
3872
1675
4000
3819
3875
1770
3648
1862
1775
1818
1844
1848
1873
1684
1841
1811
1822
1782
1823
3739
4008
1825
4044 1774
A-D
1771
4062
4061
1783
1851
1812
3979
3949
1845
3718
1791
1790
3728
3884
3730
1770
4002
3943
1826
1823
3725
3642
1833
1814
1741
3907
3906
1831
3607
3954
1756
1698
1745
1793
1762
1759
1814
4125
3625
4008
1772
1864
1756
1800
4075
1762
1729
3911
1733
1858
1778
1787
1832
1807
1801
1822
3710
1791
3636
1831
3991
1811
3867
3915
4427
1812
4044
1830
3601
3972
4519
1733
4067
1768
3718
3961
17323724
1856
1821
3736
1810
4043
1869
1691
1871
3631
A-D
1833
1781
1770
1778
3724
B 1731
1738
3933
1775
1746
1772
1669
3984
1825
3904
1844
3855
1770
1877
1811
4008
3960
1741
1867
4021
3843
1861
1757
1816
1893
3990
3725
1785
1804
3784
1742
17791814
3925
1743
1816
3967
1768
1746
3718
1751
1875
1756
3831
1813
1800
1822
1772
1803
1774
4098
1778
3601
1601
3931
3724
3778
1773
1873
3601
4087
1866
1818
4009
1792
3978
1844
3937
1775
1771
3736
1839
3824
3993
1749
3660
1823
1818
1827
4032
1811
3972
3825
1789
3995
1802
1801
1776
3737
3919
1809
1831
1820
1674
1792
1768
3701
1779
3909
1828
1785
1688
3718
3924
1732
1827
1718
3636
3811
3910
3921
1736
1739
3918
3742
1801
1649
1844
3906
1776
3872
4003
1817
1837
3630
1835
1820
1855
1858
1729
1793
1816
1809
3630
3812
3825
1806
1785
1832
1766
1837
3973
3724
1674
1814
1749
1636
3936
3936
1718
1733
1876
1740
3957
1730
3942
3607
1790
3807
1802
1866
1819
1782
1813
3909
1612
3887
1826
1836
1812
3760
3925
3843
1815
1810
1790
1739
1845
1768
1768
4022
1826
1769
1776
3948
3619
1720
1831
3875
1630
3973
1637
1780
1849
1668
3710
1819
1861
1843
1842
3730
1821
1853
1824
1767
1866
1760
3927
1760
1719
1855
A-F
3877
1843
3830
1839
1755
1831
3960
3883
4068
3648
4002
1778
3625
4014
3706
3881
1751
1784
1775
1786
1745
3618
1792
1781
1763
1767
1700
3938
1668
1830
1785
4026 4050
1754
4028
3895
1796
1828
3819
3984
4016
1672
3925
3930
3643
3973
4025
3930
1766
1879
1764
1722
1818
1690
1837
1832
1827
1662
1686
1796
3952
3933
1779
1782
1819
3993
1776
1882
1764
3884
3903
4002
1816
3943
1740
1636
3925
1806
3706
3924
1739
1830
3724
1814
4049
1775
3700
1828
3967
1680
1783
1780
1869
1771
1849
3618
1780
3906
3961
3731
3790
1844
1761
1811
3996
1845
1837
1772
1851
3991
1793
1833
3719
1778
1725
3767
1816
1759
1764
1872
3613
1695
1825
1654
3867
1816
1815
1686
3771
3613
1805
1757
3942
1779
1729
1840
1767
1728
1747
1843
1779
1805
1824
1841
3954
1824
1820
3766
1803
1835
1823
1778
1748
3978
1840
1818
3990
1830
1774
1789
1771
3600
1692
3913
1822
3949
1831
1853
3948
3825
1796
1686
1809
1750
1766
1822
1784
3721
1784
1814
3912
1774
1833
1836
3747
4069
3624
1791
1828
1823
4055
4080
1788
3508
4087
4008
1733
1775
1781
3618
3891
1707
3990
1771
1829
1706
A-D
1726
3915
3851
3858
3612
3618
3996
1776
1808
3843
4074
1740
1882
1774
3713
1751
1793
39551787
3830
1742
3606
1842
3996
1770
1701
3973
3725
3912
1829
1864
3612
3902
1758
1868
1854
1786
3946
1805
3631
1681
1769
3915
3963
3600
1745
4009
3949
1859
1867
1780
3612
3624
3766
1783
1874
3876
3643
1883
1819
1810
1807
3707
1713
1813
1797
1786
1812
1757
1736
3984
3934
1867
1706
1835
1788
3978
1846
3915
3737
1754
A-D
4057
4003
1868
1830
3761
1600
1822
1765
1808
3955
3624
1840
3911
3916
1779
1790
4062
1836
3754
4027
1840
1786
3712
1807
1773
1852
3725
3861
3944
1813
3831
1775
3900
1828
3966
1839
1692
3925
1820
1793
1818
3736
3989
4081
1715
1752
1864
1832
1856
1838
1824
3655
1780
4055
1825
1832
3909
1837
3960
1820
1817
3631
3824
3932
1865
1843
1763
1766
3910
3937
1790
1750
1829
1780
3751
1781
4050
1787
1773
3713
3994
1618
1838
1820
1884
1803
3718
1813
1863
1849
1827
1863
1758
1827
1785
1810
3966
1838
1780
1841
4009
3607
1631
3619
3937
1736
1776
3649
3967
1663
1760
1741
1860
1769
1878
3920
1807 4003
1772
3978
3948
1867
1750
1877
1696
1745
3967
4056
1607
1804
1832
3516
1846
1772
1727
3876
1800
1830
3737
3724
1739
1791
1790
1613
4250
3600
1798
1619
3818
1848
1747
3642
4063
3649
1879
4014
1771
3984
3984
1831
1828
3880
1836
3940
4056
1729
17444044
3730
3955
3945
1797
3931
3598
1777
1829
1878
1698
1606
3901
1835 1830
1631
4039
3819
1787
1613
3625
1781
1680
3719
1738
3979
1842
1857
1834
1812
4074
1767
1777
1828
1600
4004
3907
1812
1842
1802
1735
1789
1821
3712
3910
3921
3985
3613
4009
1767
3707
4039
1816
1788
1757
1770
3884
3647
1836
1735
1773
1808
1707
3830
4025
1830
3875
3625
4002
1810
1817
1696
3712
3736
1797
1624
1832
3955
1870
3997
1841
3997
1789
3724
1795
1856
1803
1868
1775
1746
1777
1828
1819
1770
1839
1846
1800
1816
1836
1799
1771
1781
1783
1757
1692
1884
3939
3885
3725
3919
1861
1839
1791
4033
3619
3949
1744
3978
1856
1840
1731
3960
1842
1826
1725
1833
1828
1822
1865
1786
1772
1850
4435
1816
3637
1762
1751
3725
1661
1862
3773
1693
1680
1693
3812
3943
3648
1734
3712
4037
1847
1804
1827
1751
1783
1837
1825
3999
4015
1757
1673
1833
1655
1790
3618
3725
1776
3937
1808
4068
1878
1821
1748
3724
3701
1761
1735
3859
1839
1823
1830
3848
1761
1763
3701
3930
1787
1768
1831
3606
4006
3731
1863
1755
1827
1874
A-D
1741
1760
17371821
1776
1793
1880
1784
4026
3985
1785
1876
3902
3912
1857
1808
4003
1838
1753
1872
3606
3630
1755
1791
1771
1862
1779
1618
1743
3911
1867
3719
1800
1750
1754
1666
3725
1860
4008
4093
1860
4008
1826
1687
4251
3918
1835
3973
1691
1824
1841
1767
1871
3631
3997
1789
3619
1848
1846
1858
1792
3739
1750
1825
1784
3936
3624
1691
1810
4080
1740
1812
1824
1745
1771
1755
1727
1788
1783
1807
1860
1871
1812
3996
1830
1829
1800
1798
1836
1821
1787
1812
1791
1831
4009
1874
3995
4074
3718
4005
1775
1773
1817
3719
1791
4050
3967
4073
3942
4049
1859
1850
1787
3973
1817
3712
1794
4038
3966
3978
1810
1806
3948
3744
3838
3637
4275
3731
4037
1643
1831
1773
1874
3712
1769
1837
1777
4250
4031
3660
1853
1814
1795
3860
3979
3901
1837
1777
3607
1834
1852
3619
1829
3985
3931
3924
4015
1687
1625
3972
4067
3737
3655
1824
1768
3961
1781
1787
1855
3625
1765
1740
3624
1830
3925
3731
1801
3707
3731
1743
1777
1855
3837
1772
1745
3914
1752
3726
1837
1831
1837
1806
3936
3606
3941
1840
4003
1788
1775
1876
3606
3731
3925
3907
1748
3992
1854
3900
3943
1713
1819
1883
1834
1606
1843
1800
4257
1809
3984
3618 1817
1838
3948
1864
3818
1793
1848
3820
1748
1895
1814
3937
1797
1877
1834
1841
1795
1822
1769
3711
1807
3731
3937
1788
1761
3937
1767
1869
1809
4154
1686
1785
1745
3713
1649
3630
1835 3949
3985
1876
1766
1820
1694
3636
1799
1696
3654
1819
1795
1642
1750
1762
1814
1745
3860
1842
1804
3512
1700
1809
1826
1806
1803
1785
3997
1824
1699
1809
4269
3940
4068
1695
3990
1830
1693
3936
1684
1772
4086
1778
1820
1766
3979
3824
1878
1860
1872
1861
3876
1847
1811
3978
4015
4061
1808
3910
1829
1784
1733
1765
1838
1750
1816
1836
1771
1789
3916
1832
3801
1747
1782
1789
1736
1820
3985
3933
1801
1811
3721
4038
1770
3915
1816
3607
1833
1719
1763
4020
1847
1737
1814
1738
1731
1836
1719
1845
1757
3954
3919
3901
1794
J16-355
J16-340
J16-323
J16-180
J16-144
H17-002
H17-001
H16-462
H16-461
H16-457
H16-453
H16-443
H16-442
H16-441
H16-440
H16-439
H16-438
H16-437
H16-436
H16-435
H16-434
H16-433
H16-432
H16-430
H16-429
H16-424H16-423
H16-422
H16-421
H16-420H16-419
H16-418
H16-417
H16-416
H16-415
H16-414
H16-413
H16-412
H16-411H16-410
H16-409
H16-407
H16-406
H16-405
H16-404H16-403
H16-402
H16-401
H16-399
H16-397
H16-396
H16-395H16-394
H16-392
H16-391H16-390
H16-389
H16-388H16-387
H16-386
H16-385
H16-384
H16-383
H16-382
H16-379
H16-378
H16-376
H16-375
H16-374
H16-372
H16-370
H16-369
H16-368
H16-367
H16-366
H16-365
H16-364H16-363 H16-362 H16-361
H16-360
H16-359
H16-357H16-356
H16-355
H16-353
H16-352
H16-351
H16-350
H16-349
H16-348
H16-347
H16-346
H16-345
H16-341
H16-340
H16-338
H16-337
H16-336
H16-335
H16-334
H16-333
H16-332
H16-331
H16-330
H16-329
H16-328
H16-324
H16-322
H16-317H16-316
H16-315
H16-314 H16-313
H16-311
H16-308
H16-305
H16-303
H16-300
H16-299
H16-296
H16-295
H16-293
H16-291
H16-289
H16-285
H16-283
H16-280
H16-279
H16-278
H16-277
H16-276
H16-275
H16-274
H16-273
H16-271
H16-270
H16-269
H16-267
H16-266
H16-262
H16-258
H16-257
H16-255
H16-254
H16-253
H16-251
H16-250
H16-249
H16-248
H16-247
H16-246H16-245
H16-244
H16-243
H16-242
H16-241
H16-238
H16-235
H16-232
H16-231
H16-229
H16-227
H16-223
H16-221
H16-217
H16-216
H16-215
H16-213
H16-212
H16-210
H16-208
H16-207
H16-206
H16-205
H16-202
H16-199
H16-193
H16-191
H16-190
H16-189
H16-187
H16-186
H16-184
H16-180
H16-177
H16-176
H16-174
H16-173
H16-172
H16-171
H16-170
H16-169
H16-168
H16-167
H16-166
H16-164
H16-163
H16-161
H16-160
H16-159
H16-158
H16-156
H16-154
H16-153
H16-152 H16-151
H16-150
H16-149
H16-147
H16-145
H16-144
H16-143
H16-138
H16-136
H16-135
H16-134
H16-132
H16-131
H16-129
H16-128
H16-127
H16-126
H16-124
H16-121
H16-119
H16-118
H16-116
H16-115
H16-109
H16-108
H16-106
H16-103
H16-097
H16-095
H16-094
H16-093
H16-091
H16-090
H16-089
H16-088
H16-086
H16-085
H16-084
H16-079
H16-078
H16-077
H16-076
H16-073
H16-071
H16-070
H16-069
H16-067
H16-066
H16-064
H16-063
H16-062
H16-061
H16-060
H16-051
H16-050
H16-049
H16-048
H16-046
H16-045
H16-041
H16-039
H16-038
H16-037
H16-036
H16-035
H16-033
H16-032
H16-030
H16-028
H16-026
H16-025
H16-023
H16-021
H16-019
H16-016
H16-015
H16-013
H16-009
H16-007
H16-006
H16-005
H16-004
H16-003
H16-002
H16-001
H15-612
H15-586
H15-584
H15-530
G16-014
G16-013
G16-010
J16-166CO J16-141COJ16-120CO
H16-460CO
H16-455CO
H16-426CO
H16-408CO
H16-400COH16-398CO
H16-358CO
H16-344CO
H16-327CO
H16-318CO
H16-309CO
H16-301CO
H16-294CO
H16-292CO
H16-282CO
H16-268CO
H16-265CO
H16-260CO
H16-236CO
H16-226CO
H16-220CO
H16-203CO
H16-194CO
H16-188CO
H16-179CO
H16-157CO
H16-155CO
H16-117CO
H16-104CO
H16-101CO
H16-072CO
H16-047CO
H16-040CO
H16-031CO
H16-008CO
H15-604CO
9 69
5 7
4 4
365
6 78
6 9
56 9
5 4
7 9
5 5
56 7
5 6
4 5
5 6
5 5 8
6 4
5 5
4 4
4 6
6 4
5 5
5 4
4 5
4 5
5 6
6 5
565
5 7
4 6
3 4
5 5
5 6
6 5
5 5
6 5
5 5
6 6
8 5
7 7
6 5
6 5
7 7
9 4
8 7
7 6
66 7
6 7
8 9
9 9
9 5
9 8
9 4
5 6
5 6
5 6
5 7
6 5
7 4
7 7
5 5
5 5
4 5
4 6
9 7
4 6
4 4
4 3
54 4
6 7
6 5
7 9
8 8
8 5
9 6
9 9
8 9
8 7
8 9
8 9
9 7
8 8
5 9
5 9
5 9
9 8
8 7
8 7
7 6
5 4
4 4
5 5
6 6
6 3
5 9
6 7
8 6
5 9
7 7
7 9
9 4
5 4
5 4
66 9
4 4
7 9
8 8
7 6
6 7
8 5
8 9
7 8
7 8
8 8
8 6
9 10
10 101215 16
11 14
12 15
10 15
13 15
11 11
13 12
12 10
11 12
11 11
12 12
12 1213
10 10
10 13
13 12
11 11
10 10
10 11
CAPACITY
1518
8 6 10
6 6
15 6
6 6
8 6
10 10
6 6
6 6
10 6
6 6
6 6
6 8
6 6
6 6
6 8
6 8
8 6
6 6
6 6
8 6
6 6
6 6
6 8
6 6 8
8 6
8 6
15 6
8 8
8 15
6 6
6 6
6 8
6 6
6 6
6 6
6 8
8 6
6 6
6 6
6 6
6 6
15 6
6 6
6 15
6 6
68 8
15 6
8 6
8 6
6 8
6 8
6 15
6 6
8 8
6 6
6 6
6 6
6 8
6 10
8 6
6 8
6 8
6 6
6 6
6 15
8 8
6 8
15 6
6 6
6 8
6 6
6 6
8 6
6 6
8 15
6 6
6 6
6 6
6 6
15 6
8 6
8 6
6 6
6 6
6 6
6 6
6 6
6 6
6 6
6 6
6 6
6 6
6 6
6 6
8 6
6 6
6 6
6 8
8 6
6 8
6 6
8 6
8 8
8 6
6 6
8 8
8 6
8 6
6 10
6 6
8 6
6 6
6 6
6 6
6 6
10 6
6 6
6 6
6 8
6 86
6 6
6 6
6 6
6 6
8 6
8 6
8 8
6 15 6
6 8
6 6
6 6
6 8
6 6
6 10
6 6
8 6
6 6
6 8
6 6
6 6
6 8
8 6
6 8
6 6
8 8
6 6
6 6
8 6
6 6
8 6
8 6
6 6
6 6
6 6
8 6
6 6
6 6
8 6
6 10
6 6
6 6
6 6
6 8
6 6
8 6
8 6 8
15 6
6 6
8 6
6 0076
0053
002
0055
0054
010
0092
016
0132
014
0033
01 006
0084
0085
0049
0166
011
0032
0192
005
0117
009
03 0083
0068
0087
0038
0088
0025
0048
02 015
012
007
008
0035
0072
004
0036
0052
0028
006
006
0076
0088
006
006
006
008
012
014
006
006
006
006
01 006
006
006
01 0038
005
01 0083
0036
0076
0055
014
005
01 01
004
004
0052
0028
01 006
006
0072
01 005
01 008
006
01 01
006
006
006
005
0088
006
012
01 006
01 006
010
006
006
006
006
004
006
01 006
004
006
006
0072
0033
004
005
01 0084
006
007
006
0028
01 0038
006
014
0068
006
006
006
0085
007
006
0072
0038
006
006
005
006
0028
0033
0028
006
006
0087
006
006
0092
014
012
0072
01 006
006
0038
004
0068
006
006
006
01 0084
01 0028
0052
008
0088
0084
012
006
006
006
005
006
012
0085
006
0028
006
01 01
01 02
0025
01 01
006004
004
008
01 0084
006
0084
008
0092
01 006
0072
004
0088
0076
011
006
01 01
01 02
0038
006
005
006
0072
HIDDEN GROVE LN
COPAS LN
WARDLOW LN
MANZANITA
ROLAND
DEL MAR
EL REY PL
VILLAGE RD
GRANADA DR
LOS FLORES AVE
PALO VERDE DR
ANDREA CT
KAYWOOD DR
SAN VINCENTE DR
CT
CT
CT
CT
CT
CT
CT
WOODLAND DR
CT
CT
CT
CT
GRANZOTTO DR
CT
CT
ROLAND DR
CT
WEST ST
CT
35 4
8 7
6 7
7 9
7 6
5 99
6 5
8 8
8 6
4 4
5 5
5 5
4 4
4 5
6 5
5 6
5 5
6 6
6 6 5
5 5
6 6
6 7
7 8
5 6
6 4
6 6
9 7
9 5
4 8
7 6
7 7
6 6
4 5
5 6
8 4
4 4
7 8
7 8
9 8
9 8
6 8
5 5
9 8
7 5
6 4
3 3
4 5
5 7
5 6
7 9
6 8
4 5
5 6
6 6
5 8
8 9
6 8
11 10
10 14
11 12
11 12
11 11
12 10
10 PVT
6" RUNNING OVER
0055
017
04 01
01 01
006
006
0044
0086
013
0169
0179
009
0068
0087
0038
003
003
0088
0025
0025
0135 02
02 015
001
001
0045
008
0082
045
0159
0168
0168
0064
018
0077
0165
0177
0035
0072
004
0036
0036
0052
0028
005
01 0072
0038
004
006
01 0092
0088
006
01 006
012
01 006
006
0038
006
0036
004
006
006
006
006
006
0038
0049
006
0084
006
01 004
01 0036
006
006
0033
015
006
005
006
005
006
004
0092
006
006
006
005
006
006
004
006
006
01 006
006
006
006
006
005
006
01 006
0092
006
0085
0033
006
02 0036
012
007
005
008
006
006
004
01 012
005
0085
006
006
01 0033
006
004
0085
006
006
006
012
006
005
004
006
006
0028
006
0083
006
008
006
0028
01 015
006
006
006
006
006
011
004
01 012
006
004
0052
007
0068
01 004
0036
012
0036
006
006
004
004
012
0038
0036
006
01 011
006
004
M19
FEB 20140 300 600150
FeetEdit/Update Questions !( Sewer Manhole Sewer Line
Manhole Invert
7 6 Pipe Diameter
043 Slope
CURRENTLY UNDER REVISION/UPDATE.
Although every reasonable effort has been made to assure the accuracy of this data, the City of Concord makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of any of the data provided herein and explicitly disclaims any representations and warranties, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose.
The City of Concord assumes no liability for any errors, omissions, or inaccuracies in the information provided regardless of how caused and assumes no liability for any decisions made or actions taken or not taken by the user of the data in reliance upon any information or data furnished hereunder. Because the GIS data provided is not warranted to be up-to-date, the user should check with the City staff for updated information.
City of Concord Sanitary Sewer
This map is to be used as a sewer network schematic only. Not to be used for location or digging purposes.
H16
PJ 2735 - Sewer Assessment and Replacement No. 3
Patch Paving Repair - Clayton Way
Patch Paving Repair - 6th Street
Zone 2-N
Zone 2-M
CLAYTON WAY
UNKNOWN
1,152'-9 1/4"
180'-2 1/4"
437'-10"
402'-8"
132'-1"
376'-7 3/4"
376'-7 3/4"
409'-3 3/4"
409'-3 3/4"
9/9/2025
Sandis
PIC
Sandis
PM
Sandis
PE
Sandis
DE
Sandis
2 Person
Crew
Sandis
Svy Tch
Sandis
PS
Sandis
Project
Admin
Video Inspection
/ Traffic Control
Allowance Task Hours Total Fee
$300 $250 $170 $140 $360 $135 $155 $95 $1
Sewer Line Evaluation, Inspection & Survey (PHASE 2) 2 20 46 200 56 40 16 0 66000 380 151,980.00$
1.1 Existing City CCTV Video Evaluation (7,000 LF) 2 8 16 80 106 16,520.00$
1.2 Video Inspection and Documentation (subconsultant - Presidio) (20,000 LF) 39600 0 39,600.00$
1.3 Sewer Flushing (subconsultant - Presidio) (6 Day Allowance @ $4,400 / Day) 26400 0 26,400.00$
1.4 Video Inspection Support & Analysis (20,000 LF) 2 16 40 200 258 39,400.00$
1.5 Invert Elevation Survey (112 Manholes) 4 6 56 40 16 122 30,060.00$ Task 2: Sanitary Sewer Recommendations & Design 20 104 180 360 0 0 0 20 0 684 114,900.00$
2.1 Prepare 60% PS&&E 6 48 80 160 8 302 50,560.00$
2.2 Prepare 90% PS&E 8 32 60 120 8 228 38,160.00$
2.3 Prepare 100% / Final PS&E 6 24 40 80 4 154 26,180.00$ Task 3: Bid Support 4 12 16 0 0 0 0 0 0 32 8,520.00$
3.1 Prepare Bid Package 2 8 8 18 3,960.00$
3.2 Answer Bid RFIs / Issue Addendums as needed 2 4 8 14 2,960.00$
3.3 Assist in Bid Review 2 4 6 1,600.00$
Task 4: Construction Support 3 20 40 72 0 0 0 0 0 135 22,780.00$
4.1 Attend Pre-bid 4 4 8 1,680.00$
4.2 Respond to Contractor RFIs 2 8 16 24 50 8,680.00$
4.3 Review Contractor Material Submittals 4 12 32 48 7,520.00$
4.4 Project Closeout and Record Documents 1 4 8 16 29 4,900.00$ Totals 29 156 282 632 56 40 16 20 66000 67231 298,180.00$ Notes:
1. Hours and staff assignments may be adjusted by the consultant as needed to implement the tasks described during the course of the project.
2. Rates are subject to annual fee and rate adjustments CITY OF CONCORD PROJECT NO. 2735
Sandis + Presidio Systems
Exhibit B
Staff Report
Date: October 14, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mindy Gentry, Director of Community Development Prepared by: Ryan Pursley, Chief Building Official
[email protected]
(925) 671-3173
Subject: Considering adoption of a Resolution appropriating grant funding from the California Department of Housing and
Community Development’s Accessory Dwelling Unit (ADU)
Accelerator Program in the amount of $227,226.08 to issue rebates for the construction of new ADUs and $50,000 for updating Concord’s pre-approved ADU plans (Project No.
2803).
CEQA: Exempt/not a project pursuant to Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15273, and/or 15378 including subsection (b)(4).
Report in Brief
Section 19.564 of the Budget Act of 2023 provides $2,500,000 to be allocated to select cities in Contra Costa and Alameda Counties to encourage the production of Accessory Dwelling Units (ADUs) to help address California’s housing crisis. The California Department of Housing and Community Development’s (HCD) administers this program and disbursed these funds, of which the City of Concord was awarded $227,226.08 to provide rebates for the construction of new ADUs and to update the City’s pre-approved ADU plans. The grant funding was awarded on October 21, 2024, but was not appropriated for disbursement. The City Council is requested to appropriate the funds for disbursement to (1) rebate recipients and (2) to update the City’s pre-approved ADU plans with the new Building Code requirements.
5.g5.g
City Council Agenda Report
Agenda Item No. 5.g
October 14, 2025
Recommended Action
Adopt a Resolution appropriating grant funding from HCDs ADU Accelerator Program in the amount of $227,226.08 to issue rebates for the construction of new ADUs and $50,000 for updating the City’s pre-approved ADU plans (Project No. 2803), and make the CEQA determination as provided in this report.
Background and Analysis
This new program, piloted by Senator Glazer, has been launched in Senate District 7 and is comprised of 15 cities in the East Bay of the San Francisco Bay Area. The program is administered by HCD. Section 19.564 of the Budget Act of 2023 provides $2,500,000 to be allocated to select cities in Contra Costa and Alameda Counties to encourage the production ADUs to help address California’s housing crisis. Funding eligibility for the program is based on a per capita amount of $1.87 per resident with population based on the January 1, 2024, Department of Finance Population Estimates.
Program Details for Concord
Concord’s total award is $277,226.08. The funding is primarily allocated towards financial incentives for the construction of new ADUs with $50,000 allocated towards the City’s costs to update its pre-approved ADU plans. The individual rebates provide up to $7,500 to property owners for new ADU units and up to $15,000 for new ADU units that are deed restricted to low-income households (minimum of 20 years). As the purpose of the program is to encourage the construction of smaller ADU units, there are no rebates available for units over 1,000 square feet.
1. Incentive Program. Available Funding for Concord: $227,226.08 A. Low-Income Deed Restricted ADUs
Individual rebates of up to $15,000 to property owners who construct an ADU and receive a certificate of occupancy within 18 months of building permit issuance. Rebates will be provided for units that are deed restricted to low- income households for a minimum of 20 years; based on the following sliding scale:
• $15,000 for units < 500 square feet
• $10,000 for units between 501-750 square feet
• $5,000 for units between 751-1,000 square feet
B. Non-restricted ADUs
Provide individual rebates of up to $7,500 to property owners to construct an ADU and receive a certificate of occupancy within 18 months of building permit issuance. Rebates based upon the following sliding scale:
City Council Agenda Report
Agenda Item No. 5.g
October 14, 2025
• $7,500 for units < 500 square feet
• $5,000 for units between 501-750 square feet
• $2,500 for units between 751-1,000 square feet
Concord began accepting applications for rebates on January 2, 2025, and will continue accepting application through September 30, 2026, or until funds are no longer available. As of October 8, 2025, the City has received 47 applications and $202,500 of the $227,226.08 funds have been reserved for qualified applicants, with dispersal pending project construction completion.
On September 30, 2026, if all funds are not expended by the City, any unused funding must be returned to the Town of Danville, Fiscal Agent, and may be reallocated to cities that have additional need.
The program has been promoted via Facebook, Council Weeklies, and the City’s website. More information on applying for a rebate and qualifications can be found at https://www.cityofconcord.org/1268/ADU-Rebate-Program.
2. Update the City’s Pre-Approved ADU Plans. Available Funding for Concord: $50,000 Program funds will also be used to update Concord’s Pre-Approved ADU Plans, bringing them into compliance with the new 2025 California Building Standards Code (CBSC), improving their constructability, and value engineering the design.
This will help reduce the overall cost of construction for those utilizing the pre- Approved ADU plans.
The City has already begun working with design professionals to update the plans. The updates are anticipated to be complete by January 1, 2026 when the new CBSC goes into effect.
Financial Impact
There is no fiscal impact. No matching funds are required to appropriate the grant funds. The grant funds have already been disbursed to the City, and therefore Project No. 2803 would be established to disburse funds to third parties Environmental Determination
Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), the appropriate of funds does not constitute a "project" within the meaning of Public Resources Code Section 21065, 14 Cal Coe Regs. Sections 15060(c)(2), 15273, and/or 15378 including subsection (b)(4) as it has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment and/or the activities
City Council Agenda Report
Agenda Item No. 5.g
October 14, 2025
consist of creation of government funding mechanisms or other government fiscal activities which do not constitute a “project”. Even if the funding appropriation did constitute a “project” under CEQA, it falls within the "common sense" exemption set forth in 14 Cal Code Regs Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Accordingly, no further environmental review is necessary. This determination reflects the City’s independent judgement and analysis.
Public Contact
The City Council Agenda was posted.
Attachments
1. Resolution Appropriating Grant Funds
Res. No. 25-XX 1
BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Appropriating Grant Funding from the
California Department of Housing and Community
Development’s Accessory Dwelling Unit (ADU)
Accelerator Program in the Amount of $227,226.08 to
Issue Rebates for the Construction of New ADUs and
for Updating Concord’s Pre-approved ADU plans
(Project No. 2803)
Resolution No. 25-XX
/
WHEREAS, Section 19.54 of the Budget Act of 2023 provides $2,300,000 to be allocated to select cities in Contra Costa and Alameda Counties to encourage the production of Accessory Dwelling Units (ADUs);
WHEREAS, on October 17, 2024, an application for funding was submitted to the Town of Danville, the fiscal agents for the ADU Accelerator Program, for $227,226.08 for financial incentives for the construction of new ADUs and $50,000 to update the City’s existing pre-approved ADU plans; and
WHEREAS, on October 21, 2024, the City of Concord (“City”) was awarded grant funds in the amount of $277,226.08 as part of the Accessory Dwelling Unit (ADU) Accelerator Program; and WHEREAS, the funds will be used for issuing rebates to property owners building new ADUs in Concord and to update the City’s existing pre-approved ADU plans bringing them into compliance with the new 2025 Building Standards Code, improving their constructability, and value engineering the design; and
WHEREAS, the funds need to be assigned and appropriated for disbursement to rebate recipients and ADU plan design professionals.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:
Section 1. Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), the appropriate of funds does not constitute a "project" within the meaning of Public Resources Code Section 21065, 14 Cal Attachment 1
Res. No. 25-XX 2
Coe Regs. Sections 15060(c)(2), 15273, and/or 15378 including subsection (b)(4) as it has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment and/or the activities consist of creation of government funding mechanisms or other government fiscal activities which do not constitute a “project”. Even if the funding appropriation did constitute a “project” under CEQA , it falls within the "common sense" exemption set forth in 14 Cal Code Regs Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Accordingly, no further environmental review is necessary. This determination reflects the City’s independent judgement and analysis.
Section 2. The Council authorizes the appropriation and expenditure of these funds on the Accessory Dwelling Unit Accelerator Program (Project No. 2803).
Section 3. This resolution shall become effective immediately upon its passage and adoption.
PASSED AND ADOPTED by the City Council of the City of Concord on October 14, 2025, by the following vote:
AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 25-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on October 14, 2025.
Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:
Susanne Meyer Brown
City Attorney
Staff Report
Date: October 14, 2025
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Justin Ezell, Assistant City Manager
[email protected]
(925) 671-3155
Subject: Considering an update on recent changes to state law that affect the Affirmatively Furthering Fair Housing (AFFH) Overlay Zoning Project and the revised process and timeline for program completion. (NOTICE: This agenda item does not include consideration of potential sites for rezoning, that discussion will occur before the Planning Commission and Council on a later date with new public notice.)
CEQA: Not a project/exempt pursuant to CEQA Guidelines
Sections 15060(c), 15061(b)(3), 15378, and/or Public Resources Code Section 21065.
Report in Brief
The Affirmatively Furthering Fair Housing (AFFH) Overlay Zoning Program is a state- mandated initiative that requires cities to actively promote fair housing by expanding access to housing in high-resource areas, defined as areas with strong schools, jobs, and community amenities. As part of the City’s 2023–2031 Housing Element, Concord committed to Program 8.6, which directs the City to rezone at least 20 acres of land to allow higher-density residential development and create capacity for 1,000 multifamily housing units through an overlay zoning district. The rezoning effort will not change the base zoning and all currently allowed land uses are unaffected.
The City Council asked at their September 23, 2025, meeting that staff agendize a presentation of the recent changes to state law that affect the AFFH rezoning process.
Specifically, Senate Bill 131 (2025) exempts rezoning actions that implement certified Housing Element programs from CEQA review, removing the requirement for an Environmental Impact Report.
6.a6.a6.a
City Council Agenda Report
Agenda Item No. 6.a
October 14, 2025
During the October 14 meeting, staff will provide an overview of the state law change, the revised project schedule, and the next steps leading to Planning Commission and City Council consideration of the overlay zoning district and final site selection.
Recommended Action
Receive the report.
Background
The Affirmatively Furthering Fair Housing (AFFH) Program is a state-mandated program intended to expand housing opportunities and promote access to housing across all communities. Assembly Bill 686 requires local governments to actively promote fair housing and ensure that all residents have access to housing in areas with strong schools, jobs, transportation, and community resources.
Every eight years, jurisdictions update their Housing Element, a required component of the General Plan, to meet state housing law. As part of the 2023–2031 Housing Element, the City of Concord committed to implementing Program 8.6, the primary vehicle for meeting its AFFH obligations.
Program 8.6 requires the City to:
• Rezone at least 20 acres of land in moderate- and high-resource areas. • Allow for residential development at 60 units per acre. • Create capacity for at least 1,000 new multifamily housing units. • Focus on sites in higher-resource neighborhoods.
The City’s approach to complying with the state mandate is to utilize an overlay zoning district, which keeps existing zoning intact but allows additional housing potential. This tool ensures that commercial or other uses can continue, while enabling property owners to develop housing if they choose.
Community engagement has been central to the AFFH Rezoning Project. Since 2024, the City has conducted multiple phases of outreach, including workshops, surveys, property-owner meetings, and stakeholder discussions, to identify and refine sites for rezoning.
Originally, the next phase of the program involved preparing a Draft Environmental Impact Report (EIR) under the California Environmental Quality Act (CEQA) for public review, followed by a Final EIR and then consideration and adoption of the overlay district. However, recent state legislation has altered this process, as discussed below.