Agenda packet — Eastvale City Council, March 8, 2023

REGULAR COUNCIL MEETING AGENDA
Eastvale City Hall Council Chambers
12363 Limonite Avenue, Suite 900, Eastvale, CA 91752
Wednesday, March
8, 2023
Regular Council Meeting:
6:30 PM

City Councilmembers
Todd Rigby, Mayor
Christian Dinco, Mayor Pro Tem
Clint Lorimore, Councilmember
Michael McMinn, Councilmember
Jocelyn Yow, Councilmember

Mark Orme, City Manager
Erica Vega, City Attorney
Marc Donohue, City Clerk/Communications Director
This Agenda contains a brief general descrip&on of each item to be considered. Except as otherwise provided by law, no ac&on or direc&on shall be taken on any item not appearing on the following Agenda. Unless legally privileged, all suppor&ng documents, including staﬀ reports, and any wri&ngs or documents provided to a majority of the City Council a-er the pos&ng of this agenda are available for review at Eastvale City Hall, 12363 Limonite Avenue, Eastvale, CA 91752 or you may contact the City Clerk’s Oﬃce, at (951) 361-0900 Monday through Thursday from 7:30 a.m. to 5:30 p.m. and available online at www.eastvaleca.gov
.

Members of the public can observe the mee&ng by viewing the live-stream at www.eastvaleca.gov
and may provide public
comment by sending comments to the City Clerk's Oﬃce by email at [email protected]
. Staﬀ will monitor emails to the
extent possible during the mee&ng and provide comments as possible. All comments will be made part of the record. Comments will then be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Mayor’s discre&on to reduce &me on public comment. All comments should be a maximum of 500 words, which corresponds to approximately 3 minutes of speaking &me. If a comment is received before the agenda item is heard but before the close of the mee&ng, the comment will all be included as a part of the record of the meeting but will not be read into the record.

In compliance with the Americans with Disabili&es Act, if you need special assistance to par&cipate in this mee&ng, you should contact the City Clerk’s Office at (951) 361-0900.

Regular mee&ngs are recorded and made available on the City’s website at www.eastvaleca.gov
. Mee&ng recordings are uploaded
to the City’s website within 24 hours (unless otherwise noted) after the completion of the meeting. 1 1.

CALL TO ORDER

2. ROLL CALL

3. CLOSED SESSION PUBLIC COMMENT

Any member of the public may address the Council on items within the Council’s subject maer jurisdicon, but which are not listed on this agenda during PUBLIC COMMENTS. However, no acon may be taken on maers that are not part of the posted agenda. We request comments made on the agenda be made at the me the item is considered and that comments be limited to three minutes per person with a maximum of six minutes (me may be donated by one person). Please address your comments to the Council and do not engaged in dialogue with individual Council Members, City staﬀ, or members of the audience. Blue speaker forms are available at the front table to the entrance of Council Chambers.

4. CLOSED SESSION ITEM(S)

5. INVOCATION

6. PLEDGE OF ALLEGIANCE

7. ADDITIONS/REVISIONS

The City Council may only add an item to the Agenda a2er making a ﬁnding that there is a need to take immediate acon on the item and that the item came to the aenon of the agency subsequent to the posng of the agenda. An acon adding an item to the agenda requires 2/3 vote of the Council. If there is less than 2/3 of the Council members present, adding an item to the agenda requires a unanimous vote. Added items will be placed for discussion at the end of each section unless otherwise noted.

8. PRESENTATIONS/ANNOUNCEMENTS

8.1. Recognition of ERHS Wresting Championship

9. AGENCY PARTNER UPDATES

10. PUBLIC COMMENT

Any member of the public may address the Council on items within the Council’s subject maer jurisdicon, but which are not listed on this agenda during PUBLIC COMMENTS. However, no acon may be taken on maers that are not part of the posted agenda. We request comments made on the agenda be made at the me the item is considered and that comments be limited to three minutes per person with a maximum of six minutes (me may be donated by one person). Please address your comments to the Council and do not engaged in dialogue with individual Councilmembers, City staﬀ, or members of the audience. Blue speaker forms are available at the front table to the entrance of Council Chambers.

11. CONSENT CALENDAR

Consent Calendar items are normally enacted in one moon. The Mayor or City Council may

2 remove a Consent Calendar item for separate acon. If a member of the public would like to speak on a Consent Calendar item, please complete a blue “Public Comment Form” and submit to the City Clerk prior to the item.

11.1. City Council Meeting Minutes

Submitted by: Marc A. Donohue, City Clerk/Communications Director

RECOMMENDED ACTION(S):

Staff recommends that the City Council approve the City Council meeting minutes from regular meeting on February 22, 2023.

11.2. Eastvale 2023 Bail Schedule

Submitted by: Johnny Terfehr, Community Safety Director

RECOMMENDED ACTION(S):

Staff recommends that the City Council adopt a resolution approving the 2023 bail schedule.

11.3. Expense/Accounts Payable Management Software Professional Services Agreement

Submitted by: Luis Hernandez, Finance Manager

RECOMMENDED ACTION(S):

Staff recommends that the City Council approve a Three-Year Software Services Agreement with SAP Concur for expense management software and related professional service in an amount not to exceed $91,904, and authorize the City Manager to execute the Agreement.

11.4. Amend Eastvale Municipal Code Chapter 8.17 to Establish Increased Short Term Rental Administrative Fines in Alignment with State Law

Submitted by: John Marquez, Community Enhancement and Safety Supervisor RECOMMENDED ACTION(S):

Staff recommends that City Council introduce, read by title and waive further reading of the amendment to Chapter 8.17 increasing Short Term Rental Fines.

11.5. Approval of Agreement with Alcorn Fence Company for Minor Construction Services for Safety Purposes

Submitted by: Jimmy Chung, City Engineer

RECOMMENDED ACTION(S):

Staff recommends that the City Council authorize the City Manager to execute an agreement with Alcorn Fence Company in an amount not-to-exceed $42,823 for performing minor construction services for safety purposes, approve an exemption from the competitive bidding requirements, and find the approval of the agreement to be exempt from review under the California Environmental Quality Act (CEQA).

12. PUBLIC HEARINGS

The public is encouraged to express your views on any maer set for public hearing. It is our

3 procedure to ﬁrst receive the staﬀ report, then to ask for public tesmony, ﬁrst from those in favor of the project followed by tesmony from those in opposion to it, and if there is opposion, to allow those in favor, rebual tesmony only as to the points brought up in opposion. To tesfy on the maer, you need to simply come forward to the speaker’s podium at the appropriate me, give your name and address and make your statement. A2er a hearing is closed, you may not further speak on the maer unless requested to do so or are asked quesons by the Mayor or a Councilmember. Public comment is limited to three (3) minutes each with a maximum of six (6) minutes (time may be donated by one speaker.)

13. CITY COUNCIL BUSINESS

14. CITY MANAGER/CITY STAFF REPORT

15. CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS

16. ADJOURNMENT

The next regular mee&ng of the Eastvale City Council is scheduled for Wednesday, March 22, 2023, at 6:30 p.m. at Eastvale City Hall Council Chambers, 12363 Limonite Avenue, Suite 900, Eastvale, CA 91752.

17. AFFIDAVIT OF POSTING

I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing Agenda was posted at the following locations: City Hall, 12363 Limonite Avenue, Suite 910 and website of the City of Eastvale (
www.eastvaleca.gov
,) not less than 72 hours
prior to the meeting.

______________________________________________________
Marc A. Donohue, MMC
City Clerk

4 AGENDA STAFF REPORT

City Council Meeting

PRESENTATIONS/ANNOUNCEMENTS

Agenda Item No. 8.1
March
8, 2023
Recognition of ERHS Wresting Championship
Prepared By:

Recommended Action(s)
Not Applicable.

Summary
Not Applicable.

Background
Not Applicable.

Environmental
Not Applicable.

Strategic Plan Action - Priority Level:

N/A
| Target #:

N/A
| Goal #:

N/A
Not Applicable.

Fiscal Impact
Not Applicable.

Prior City Council/Commission Action
Not Applicable.

Attachment(s)
Not Applicable.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
5 MINUTES

CITY OF EASTVALE
City Council Regular Meeting
Wednesday, February 22, 2023
Regular Meeting: 6:30 P.M.

Eastvale City Council Chambers
12363 Limonite Avenue, Suite 900
Eastvale, CA 91752

1. CALL TO ORDER
The regular meeting of the Eastvale City Council was called to order at 6:31 p.m. by Mayor Rigby.

2. ROLL CALL

Present: Councilmembers Lorimore, McMinn, Yow, Mayor Pro Tem Dinco, and Mayor Rigby.

Absent: None
City Staff

Present: City Manager Orme, City Attorney Vega, and City Clerk/Communications Director Donohue were present at Roll Call. Other staff members were present.

3. CLOSED SESSION PUBLIC COMMENT – None

4. CLOSED SESSION ITEM(S) – None

5. INVOCATION
Mayor Rigby offered the invocation.

6. PLEDGE OF ALLEGIANCE
Councilmember Lorimore led the Pledge of Allegiance.

7. ADDITIONS/REVISIONS – None

8. PRESENTATIONS/ANNOUNCEMENTS – None

9. AGENCY PARTNER UPDATES

9.1 Eastvale Library Update
Nina Taylor, Eastvale Library Branch Manager, provided an update. 6 Eastvale City Council Meeting Minutes
February 22, 2023 Page - 2

10. PUBLIC COMMENT
The following individuals provided public comment:
 Ryan Zheng, Eastvale resident
 May Li, Eastvale resident (via email)
 Ryan Zhang, Eastvale resident (via email)

11. CONSENT CALENDAR
On motion of Councilmember McMinn and second Mayor Pro Tem Dinco, the City Council voted unanimously to approve the Consent Calendar.

11.1 City Council Meeting Minutes
The City Council approved the City Council meeting minutes from regular meeting on February 8, 2023, and the special meeting on February 9, 2023.

11.2 Warrant Register: January 2023
The City Council approved the payment of warrants as submitted by the Finance Department.

11.3 Treasurers Report: January 2023
The City Council received and filed the City Treasurer’s Report.

11.4 Planning Department Update
The City Council received and filed the Planning Department Update.

11.5 Public Works Department Update
The City Council received and filed the Public Works Department Update.

11.6 City of Eastvale Crime Statistics – December 2022
The City Council received and filed the Eastvale Crime Statistics for December 2022.

11.7 Citywide Pavement Management System (PMS) Update
The City Council received and files the Citywide Pavement Management System (PMS) Report.

11.8 Approval of Task Order A-1 with CT&T Concrete Paving, Inc. for Concrete Maintenance Services
7 Eastvale City Council Meeting Minutes
February 22, 2023 Page - 3
The City Council authorized the City Manager to execute Task Order A-1 with CT&T in an amount not-to-exceed $80,000.00 for performing miscellaneous Concrete Maintenance Services, and found the approval of the Task Order to be exempt from review under the California Environmental Quality Act (CEQA).

11.9 Approval of Retrofitting City owned Streetlights
The City Council:

1. Approved the quotes from Yunex and California Electric Supply for the LED retrofit and identification tagging of 85 recently acquired streetlights;

2. Found the approval of this project to be exempt from CEQA review under CEQA Guideline 15301 (Existing Facilities); and

3. Authorized the Acting City Manager to execute all necessary documents.

11.10 Approval of Accela Land Management Software Contract Renewal The City Council approved the renewal of the City’s contract with Accela for a period of five additional years from March 26, 2023, to March 25, 2028, and authorized the City Manager to execute all documents necessary to implement the renewal.

11.11 Acceptance of Dedication from Orbis Eastvale Partners, LLC at Parcel Map 35865 for Lots C & E
The City Council:

1. Accepted the Irrevocable Offer of Dedication from Orbis Eastvale Partners, LLC and adopt a Resolution 23-02, approving a Quitclaim Deed for lots C&E of Parcel Map 35865; and

2. Authorized the City Manager to execute Quitclaim Deed.

11.12 First Contract Amendment with Mission Landscaping, for Landscaping Services The City Council approved the amendment with Mission Landscape Companies adding $20,000 to the new contract amount of $103,244, for Landscape Services at the 13200 Citrus St Property (Altfillisch Property) to the existing scope of work, and found that the approval of the amendment to the contract is exempt from review under the California Environmental Quality Act (CEQA).

11.13 Resolution Authorizing the City Manager to Execute the CalRecycle Grants and Payment Programs Related Documents
The City Council adopt Resolution No. 23-03 authorizing the City Manager, or his designee, to execute the Department of Resources Recycling and Recovery (CalRecycle) grants and payment programs related documents. 8 Eastvale City Council Meeting Minutes
February 22, 2023 Page - 4

11.14 Approval of City Sponsorships, Collaborations, & City Supported Partnerships Policy
The City Council approved an Administrative Policy regarding City Sponsorships, Collaborations, & City Supported Partnerships, including the form application and sponsorship agreement.

11.15 Letter of Support Request for R.A.I.S.E - Support for the City of Chino State Route 83 (Euclid Avenue) Chino Creek Bridge Replacement Project The City Council approved a letter of support for the City of Chino State Route 83 (Euclid Avenue) Chino Creek Bridge Replacement Project.

12. PUBLIC HEARINGS

12.1 Economic Development Incentive Agreement with Rivian, LLC Planning Manager Gonzalez summarized the staff report and answered related questions.

Mayor Rigby opened the public hearing.

On motion of Councilmember Yow and second by Councilmember McMinn, the City Council voted unanimously to continue the public hearing to the City Council meeting of March 22, 2023.

13. CITY COUNCIL BUSINESS

13.1 Fiscal Year 2022-23 Mid-Year Budget Review
Finance Director/City Treasurer Wells presented a PowerPoint presentation and answered related questions.

Mayor Rigby opened the public comment period. With no one desiring to speak on this item, Mayor Rigby closed the public comment period.

On motion of Councilmember Lorimore and second by Mayor Pro Tem Dinco, the City Council voted unanimously to:

1. Approve and Adopt Resolution No. 23-04 Mid-Year Budget Appropriation; and

2. Approve and Adopt Resolution No. 23-05 Authorizing the Amendments to the City's Salary Schedule and Range Table; and

3. Approve and Adopt Resolution No. 23-06 Amending the 2022-23 Authorized Position List; and

4. Approve the amendments to the city's five-year Capital Improvement Plan; and

5. Authorize the City Manager to execute all documents and take all actions necessary to implement the above approvals.
9 Eastvale City Council Meeting Minutes
February 22, 2023 Page - 5

13.2 Frontage Landscape Maintenance Update
Finance Director/City Treasurer Wells presented a PowerPoint presentation and answered related questions.

Mayor Rigby opened the public comment period. With no one desiring to speak on this item, Mayor Rigby closed the public comment period.

The City Council discussed the item and provided feedback.

On motion of Pro Tem Dinco and second by Councilmember Yow, the City Council voted to transfer responsibility of maintaining landscape frontages from JCSD to the City of Eastvale. The motion failed. Councilmembers Lorimore, McMinn, and Mayor Rigby voted in opposition.

On motion of Councilmember Lorimore and second by Mayor Pro Tem Dinco, the City Council voted unanimously to not move forward with the transfer of responsibility of maintaining landscape frontages from JCSD to the City of Eastvale at this time, and to continue discussions with JCSD on transferring the parks.

14. CITY MANAGER REPORT/CITY STAFF REPORT
City Manager Orme provided an update on upcoming City events.

15. CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS

15.1 League of California Cities
No report was provided.

15.2 Southern California Association of Governments
Councilmember Lorimore provided a report.

15.3 Western Riverside Council of Governments
No report was provided.

15.4 Riverside Transit Agency
Councilmember Yow provided a report.

15.5 Northwest Mosquito and Vector Control District
No report was provided.

15.6 Riverside County Transportation Commission
Councilmember Lorimore provided a report.
10 Eastvale City Council Meeting Minutes
February 22, 2023 Page - 6

15.7 Western Riverside County Regional Conservation Authority No report was provided.

15.8 Western Community Energy
Mayor Rigby provided a report.

15.9 Finance Committee
Councilmember Lorimore provided a report.

15.10 Eastvale Schools Committee
Mayor Rigby provided a report.

15.11 Business and Development Success Ad-Hoc Committee No report was provided.

15.12 Eastvale Legislative Ad-Hoc Committee
No report was provided.

15.13 Eastvale Community Services Ad-Hoc Committee
No report was provided.

15.14 City Council Communications
The City Council provided comments.

ADJOURNMENT – Mayor Rigby adjourned the regular meeting at 8:41 p.m., in memory of Eastvale resident Dan Beavers and City of Norco Mayor Pro Tem Ted Hoffman. The next regular meeting of the Eastvale City Council is scheduled for Wednesday, March 8, 2023, at 6:30 p.m. _____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
11 AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.2
March
8, 2023
Eastvale 2023 Bail Schedule
Prepared By:

Johnny Terfehr, Community Safety Director
Recommended Action(s)
Staff recommends that the City Council adopt a resolution approving the 2023 bail schedule.

Summary
City staﬀ is recommending that the City Council adopt a bail schedule for Municipal Code viola"ons.

The bail schedule will be used by the Riverside County Superior Court if and when the City or Riverside Sheriff's Deputies utilize criminal prosecution as the method for seeking compliance.

Background
The Riverside County Superior Court annually asks each Riverside County city to submit a "bail schedule" that lists the "bail" or penalty amounts the Court should impose for viola"ons of the ci"es' respec"ve municipal codes. Final approval of the proposed bail schedules must be given by the Riverside County Superior Court judges.

The Courts use a city's approved bail schedule when a person is charged with a municipal code viola"on. If that person chooses not to contest the cita"on, or is convicted a,er trial, the Courts will refer to the bail schedule to determine the penalty to be imposed. The bail schedule enables the Courts to impose substan"ally the same penal"es on diﬀerent persons viola"ng the same municipal ordinance.

If a city does not set a base bail amount for a speciﬁc municipal code viola"on, the Courts rely on a "default" base bail amount of $35 for infrac"ons and $185 for misdemeanors. However, this is not the total bail amount payable by the violator. Due to the addi"on of fees and penal"es imposed by 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
12 the State of California and the County of Riverside, the amount that the oﬀender must pay is substantially higher. The City has not adopted a bail schedule in the past.

The bail schedule is used in criminal prosecu"ons of municipal code viola"ons. For the majority of code viola"ons, City of Eastvale's Community Enhancement and Safety staﬀ work hard to gain voluntary compliance through educa"on and by employing our organiza"onal values of kindness, grit, and being solu"ons driven. Issuing an administra"ve or criminal cita"on is considered a last resort when coopera"ve op"ons have failed. In that case, it may be necessary to issue administra"ve cita"ons and administra"ve orders authorized by Chapters 1.44 and 1.46 of the Municipal Code to gain compliance. Finally, in some speciﬁc situa"ons it is advantageous to issue a criminal cita"on (infrac"on or misdemeanor) as the most eﬀec"ve way to gain compliance.

Adop"ng this bail schedule will also enable Riverside County Sheriﬀ Depu"es to issue criminal cita"ons for City municipal code viola"ons including engine braking, ﬁre works, and other noise violations.

Under the City's Municipal Code and state law, with certain excep"ons, the maximum penal"es that may be imposed by the City for infraction and misdemeanor violations are as follows:

Infractions (per Government Code §36900(b):
1rst offense $100 2nd offense in same year $200 3rd or subsequent offenses in same year $500 Misdemeanors (per Eastvale Municipal Code §1.02.220): $1000 Pursuant to the City's municipal code, most code viola"ons may be charged by the City either as infractions or as misdemeanors.

Like Eastvale, other Riverside County cities and towns also generally set bail amounts consistent with the Court's default bail amounts; however, some bail amounts are set as high as the maximums set forth above. Staﬀ recommends that the base bail amounts be set at $100 for infrac"ons and $1000 for misdemeanors. These bail amounts should have a greater deterrent eﬀect, as desired by City Council.

Environmental
Not Applicable.

Strategic Plan Action - Priority Level: N/A
| Target #: 1
| Goal #: 5
Identify and recommend tools necessary for optimal employee performance.

Fiscal Impact
By statute, the City receives approximately 87 percent of the base bail amounts for City code viola"ons, and the State and County receive the addi"onal assessments making up the "total bail".

The proposed City bail schedule, if adopted by the Riverside County Superior Court, will result in larger base bail amounts; therefore, it is expected that the City will receive somewhat higher bail/penalty payments from the Court in connec"on with Municipal Code viola"ons. As a result, there should be a positive net impact to General Fund revenues. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
13 Prior City Council/Commission Action
The City has not previously adopted a bail schedule. The Public Safety Commission reviewed this item at their February 28, 2023 meeting.

Attachment(s)
Attachment 1 - Eastvale 2023 Bail Schedule Table.pdf

Attachment 2 - Resolution
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
14 RIV #4888-0316-4487 v1

CITY OF EASTVALALE BAIL SCHEDULE
(Filed January 2023 - Updated through Ordinance No. _____)

GENERAL PROVISIONS:

Infraction Violations

Government Code Section 36900(b) provides that every violation of a city ordinance determined to be an infraction is punishable by a fine not exceeding $100 for the first violation, a fine not exceeding $200 for a second violation of the same ordinance within one year, and a fine not exceeding $500 for each additional violation of the same ordinance within one year.

Government Code Section 36900(c) provides that a violation of local building and safety codes determined to be an infraction is punishable by a fine not exceeding $100 for the first violation, a fine not exceeding $500 for a second violation of the same ordinance within one year, and a fine not exceeding $1000 for each additional violation of the same ordinance within one year.

Eastvale City Municipal Code Section 1.01.200 provides, in pertinent part, that any person violating any such provision or failing to comply with any mandatory requirements of the Municipal Code or any code adopted by reference, or any other city ordinance shall be guilty of an infraction, unless the violation is specifically designated as a misdemeanor.

Eastvale City Municipal Code Section 13.65.060 provides that upon any conviction of any infraction violation, the convicted violator shall be required to pay all applicable civil penalties and criminal infraction fines.

Misdemeanor Violations

Eastvale City Municipal Code Section 1.01.220 provides that a fourth violation and each subsequent violation of the same ordinance provision within one year that would otherwise constitute an infraction is a misdemeanor.

Eastvale City Municipal Code Section 110.24.100 provides that upon conviction of any misdemeanor violation, the convicted violator shall be required to pay all applicable civil penalties in addition to the criminal misdemeanor fines. 15 RIV #4888-0316-4487 v1
California Penal Code Section 19 provides that except in cases where a different punishment is prescribed by state law, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding $1,000, or by both.

MUNICIPAL
CODE

SECTION

TITLE DESCRIPTION VIOLATION -
(MISDEMEANOR/INFRACTION)

MAXIMUM

CRIMINAL FINE
CHAPTER 1

1.01.220 (a) General Provisions. Code
adopted. Punishments
Violation of Municipal
Code - General Penalty
Violation - Misdemeanor $1,000 &/or 6 mos. in jail

1.01.220 (b) General Provisions. Code
adopted. Punishments
Violation of Municipal
Code - General Penalty
1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Infraction
$100.00
$200.00
$500.00

1.01.220 (d) General Provisions. Code
adopted. Punishments
Violation of Municipal
Code - General Penalty
Violation - Infraction $100.00

1.01.220 (e) General Provisions. Code
adopted. Punishments
Violation of local
building and safety
codes
1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Infraction
$100.00
$500.00
$1,000.00

1.02.050 (d) General Provisions. Official
City Seal, Inaugural Logo,
Logo and name. Violations.

Unauthorized use of
Official City Seal,
Inaugural Logo, and
name
Violation - Misdemeanor $1000.00 & 1 year in jail
16 RIV #4888-0316-4487 v1

MUNICIPAL
CODE

SECTION

TITLE DESCRIPTION VIOLATION -
(MISDEMEANOR/INFRACTION)

MAXIMUM

CRIMINAL FINE
CHAPTER 2

2.36.060 Administration and
personnel. Election filing
fee. Criminal penalty.

Violation of election
filing fee code
Violation - Misdemeanor $1,000.00 &/or 1 year in
jail

2.36.070 (b)(1) Administration and
personnel. Ethics in city
government act. Civil
action.

Violating the Ethics in
City Government act
1st Violation - Infraction
2nd+ Violation - Infraction
$1,000.00
$10,000.00

2.100.100 Administration and
personnel. Administration
of disaster operation and
relief. Punishment of
violations.

Interfering with disaster
operation and relief
Violation - Misdemeanor $1,000.00 &/or 6 mos. in
jail
CHAPTER 4

4.12.150 Revenue and finance. Sales
and use tax. Penalties.

Sales and use tax
penalties
Violation - Misdemeanor $1,000.00 &/or 6 mos. in
jail

4.28.260 (a) Revenue and finance.

Transient occupancy tax.

Violations; misdemeanor.

Violation of the revenue
and finance code
Violation - Misdemeanor $500.00 &/or 6 mos. in jail
CHAPTER 6
17 RIV #4888-0316-4487 v1

MUNICIPAL
CODE

SECTION

TITLE DESCRIPTION VIOLATION -
(MISDEMEANOR/INFRACTION)

MAXIMUM

CRIMINAL FINE

6.04.150 (b) 1 Business regulations.

Bingo. Penalties.

Violating bingo
regulations
Violation - Misdemeanor $1,000.00 &/or 6 mos. in
jail

6.04.150 (b) 2 Business regulations.

Bingo. Penalties.

Violating bingo
regulations
Violation - Infraction $250.00

6.08.160 (3) h Business regulations.

Cable, video and
telecommunications
service providers. Video
providers; registration;
customer service
standards.

Failure to distribute
customer service
standards notice
Violation - Infraction $500.00

6.12.050 (b) (1) Business regulations.

Closing and relocation
sales. License fee.

Unlicensed closing or
relocation sale
1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Misdemeanor
$100.00
$200.00
$1,000.00 &/or 6 mos. in
jail

6.20.170 (b)(1) Business regulations.

Dance halls, dance clubs
and public dances.

Violation; penalty.

Violating dance hall,
dance clubs, and public
dances ordinance
1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Misdemeanor
$100.00
$200.00
$1,000.00 &/or 6 mos. in
jail
18 RIV #4888-0316-4487 v1

MUNICIPAL
CODE

SECTION

TITLE DESCRIPTION VIOLATION -
(MISDEMEANOR/INFRACTION)

MAXIMUM

CRIMINAL FINE

6.24.180 (a) 1 Business regulations.

Fortune telling and similar
activities. Violations;
penalties.

Fortune telling and
similar activities
1st Violation = Infraction
2nd Violation = Infraction
3rd Violation = Infraction
4th Violation = Misdemeanor
$100.00
$200.00
$300.00
$1,000.00 &/or 6 mos. in
jail

6.28.070 Business regulations.

Garage sales. Violation;
penalty.

Violating garage sale
regulations
Violation - Misdemeanor $1,000.00 &/or 6 mos. in
jail

6.44.160 Business regulations. Sex-
oriented businesses.

Violations;
misdemeanor/injunction.

Violating sex-oriented
business regulations
Violation - Misdemeanor $1,000.00 &/or 6 mos. in
jail

6.52.190 (b) Business regulations.

Taxicabs and
nonemergency medical
van services. Violation;
penalty.

Violating taxicab and
nonemergency medical
van service business
regulations
1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Misdemeanor
$100.00
$200.00
$1,000.00 &/or 6 mos. in
jail

6.68.090 (3) a Business regulations.

Permitting of tobacco
retailers. Enforcement.

Operating without a
tobacco retailer permit
1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Infraction
$250.00-1,000.00
$1,500.00-2,500.00
$3,000.00-10,000.00
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6.68.090 (8) c Business regulations.

Permitting of tobacco
retailers. Enforcement.

Violating tobacco
retailer permits,
administrative penalties
1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Infraction
$100.00
$200.00
$500.00

6.72.160 (c) Business registration
certification program.

Enforcement.

Operating a business
without a business
registration certificate
1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Infraction
$100.00
$200.00
$500.00

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CHAPTER 8

8.04.010 (a) Public morals and safety.

Offenses against public
peace and decency.

Gaming prohibited.

Illegal gaming Violation - Misdemeanor $200.00-$700.00 &/or 7 mos. in jail

8.04.030 (e) Public morals and safety.

Offenses against public
peace and decency. Public
exposure of female breasts
and private parts.

Public exposure of
female breasts and
private parts
Violation - Misdemeanor $500.00 &/or 6 mos. in jail

8.06.030 Public morals and safety.

Social hosting; underage
drinking and consumption
accountability.

Enforcement.

Serving alcohol to
minors in a social
setting
Violation - Misdemeanor $1,000.00 &/or 6 mos. in
jail

8.08.030 (c) (1) Public morals and safety.

Conduct on public
property. Enforcement.

Violating code of
conduct on public
property
1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Infraction
$100.00
$200.00
$500.00

8.12.040 (c) Public morals and safety.

Curfew. Enforcement.

Violating curfew Violation -Misdemeanor/ Infraction $500.00 &/or 6 mos. in jail 21 RIV #4888-0316-4487 v1

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8.16.040 (b) 1 Public morals and safety.

Display of harmful material
to minors. Violation;
penalty.

Displaying harmful
material to minors
1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Misdemeanor
$100.00
$200.00
$1,000.00 &/or 6 mos. in
jail

8.17.060 (a) Public morals and safety.

Administrative citations
and fines. Imposition of
administrative fines, late
penalty charge, interest
charges and re-inspection
fees.

Administrative fines for
violating public morals
and safety code
1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Infraction
$100.00
$200.00
$500.00

8.17.060 (a) -4 Public morals and safety.

Administrative citations
and fines. Imposition of
administrative fines, late
penalty charge, interest
charges and re-inspection
fees.

Administrative fines for
violating the building
and safety codes
1st Violation = Infraction
2nd Violation = Infraction
3rd Violation = Infraction
4th+ Violation = Infraction
$130.00
$700.00
$1,300.00
$2,500.00
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CRIMINAL FINE

8.18.030 (a) - (f) Public morals and safety.

Administrative citations
and fines. Prohibited
public nuisance conditions.

Administrative fines for
violating the building
and safety codes
1st Violation = Infraction
2nd Violation = Infraction
3rd Violation = Infraction
Violation = Misdemeanor
$100.00
$200.00
$500.00
$1,000.00 &/or 6 mos in
jail

8.20.090 (b)(1) Public morals and safety.

Firearms. Violation;
penalty.

Violating firearms code 1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Misdemeanor
$100.00
$200.00
$1,000.00 &/or 6 mos. in
jail

8.20.160 (b)(1) a Public morals and safety.

Firearms. Violation;
penalty.

Violating firearms code 1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Misdemeanor
$100.00
$200.00
$1,000.00 &/or 6 mos. in
jail

8.22.070 (a) 1 Public morals and safety.

Fireworks. Penalties.

Violating fireworks code 1st Violation = Misdemeanor 2nd+ Violation = Misdemeanor
$500.00-1,000.00 &/or 1
year in jail $1,000.00
& 1 year in jail

8.24.010 (c)(1) a Public morals and safety.

Property offenses.

Dumping of trash
prohibited.

Illegal trash dumping 1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Infraction
$100.00
$200.00
$1,000.00 &/or 6 mos. in
jail
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CRIMINAL FINE

8.28.080 (a)(1) Public morals and safety.

Graffiti prevention.

Violation; penalties.

Violation of graffiti
prevention code
charged as a
misdemeanor
Violation - Misdemeanor $1,000 &/or 6 mos. in jail

8.28.080 (a)(2) Public morals and safety.

Graffiti prevention.

Violation; penalties.

Violating graffiti
prevention code
charged as an infraction
1st Violation = Infraction $100.00

8.28.110 (f)(1) 1 Public morals and safety.

Graffiti prevention. Graffiti
implement sales license.

Unlicensed graffiti
implement sales
charged as an infraction
1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Infraction
$100.00
$200.00
$500.00

8.28.110(f)(1) 4 Public morals and safety.

Graffiti prevention. Graffiti
implement sales license.

Unlicensed graffiti
implement sales
charged as a
misdemeanor
Violation = Misdemeanor $1,000.00 &/or 6 mos. in
jail

8.36.110 (b)(1) a Public morals and safety.

Agriculture commodities
theft control regulations.

Violation; penalty.

Theft of agricultural
commodities
1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Misdemeanor
$100.00
$200.00
$1,000.00 &/or 6 mos. in
jail
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CRIMINAL FINE

8.40.070 Public morals and safety.

Price increases for food
and consumer services.

Violation; penalty.

Excessive price
increases for food and
consumer services
Violation - Misdemeanor $1,000.00

8.44.060 -1 Public Morals and Safety.

Skateboards and similar
devices. Violation; penalty.

Skateboarding where
prohibited
1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Misdemeanor
$25.00
$50.00
$1,000.00 &/or 6 mos. in
jail

8.48.030 (c) (3) Public morals and safety.

Prohibition on scavenging
from and tampering with
public containers.

Enforcement.

A fine not
exceeding $500.00 for
each additional
violation within one-
year.
1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Infraction
$100.00
$200.00
$500.00

8.52.100 (1) Public morals and safety.

Noise regulation.

Violations and penalties.

Violating noise
regulations
1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Misdemeanor
$500.00
$750.00
$1,000.00 &/or 6 mos. in
jail
CHAPTER 10

10.04.140 (a)(1) Vehicles and traffic.

Abandoned vehicles.

Violation; penalty.

Unlawful abandonment 1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Misdemeanor
$100.00
$200.00
$1,000.00 &/or 6 mos. in
jail
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10.08.180 (a)(1) Vehicles and traffic.

Oversize and overweight
vehicles. Violation;
penalty.

Operating an oversize
or overweight vehicle
without a permit.
1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Misdemeanor
$100.00
$200.00
$1,000.00 &/or 6 mos. in
jail

10.12.050 (a) (1) Vehicles and traffic. Off-
road use of vehicles.

Violations; penalties.

Using off-road vehicles 1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Misdemeanor
$100.00
$200.00
$1,000.00 &/or 6 mos. in
jail

10.20.160 (d) Vehicles and traffic.

Parking. Commercial
vehicles.

Prohibited parking of
commercial vehicles.
1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Infraction
$250.00
$500.00
$750.00

10.32.010 (c) Vehicles and traffic.

Miscellaneous traffic
regulations. One-way
highways.

One-way highway
violation
Violation - Misdemeanor $1,000.00 &/or 5 days in
jail

10.32.030 (j) Vehicles and traffic.

Miscellaneous traffic
regulations. Permissible
vehicle weight on
highways, roads and
bridges.

Overweight vehicles on
highways, roads and
bridges.

Violation - Infraction $250.00-$2,000.00
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10.32.040 (d) Vehicles and traffic.

Miscellaneous traffic
regulations. Vehicle and
pedestrian use of subways,
tubes, tunnels, bridges and
viaducts.

Prohibited use of
subways, tubes,
tunnels, bridges and
viaducts by vehicles and
pedestrians.

Violation - Misdemeanor $1000.00 &/or 6 mos. in
jail

10.52.040 (a) Vehicles and traffic.

Prohibition of spectators at
illegal motor vehicle speed
contests and exhibitions of
speed. Violation.

Spectators at an illegal
motor vehicle speed
contest or exhibition of
speed
Violation - Misdemeanor $1,000 &/or 90 days in jail

10.54.030 Prohibited acts. Use of engine retarding
brakes on designated
truck routes that results
in disruptive noise
1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Misdemeanor
$100.00
$200.00
$1,000.00 &/or 6 mos. in
jail
CHAPTER 12

12.08.350 (1) b Streets and sidewalks.

Excavations in the public
right-of-way. Enforcement.

Prohibited excavation in
the public right-of-way
Violation - Infraction $750.00
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CRIMINAL FINE
CHAPTER 14

14.20.270 (b)(1)a Water and sewers. Water
wells. Violations; penalties.

Water well penalties 1st Violation = Infraction 2nd Violation = Infraction 3rd+
Violation = Misdemeanor
$100.00
$200.00
$1,000.00 &/or 6 mos. in
jail
CHAPTER 16

16.04.100 Health and sanitation.

Abandoned or neglected
orchards, groves and
vineyards. Recovery of
costs.

Abandoning or
neglecting an orchard,
grove, or vineyard
Violation - Misdemeanor $100.00-$1,000.00 &/or 6
mos. in jail

16.124.100 (a) 1 Health and sanitation.

Sewage discharges.

Violations.

Sewage violation 1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Misdemeanor
$100.00
$200.00
$1,000.00 &/or 6 mos. in
jail

16.129.050 (a) Health and sanitation.

Prohibition of land
application of class B
sewage sludge. Penalty for
violation.

Illegal land application
of class B sewage sludge
Violation - Misdemeanor $1,000.00 &/or 6 mos. in
jail
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CRIMINAL FINE

16.130.170 (a) 1 Health and Sanitation.

Class A Sewage sludge.

Violations; penalties
Class A Sewage sludge
violation
1st Violation = Infraction
2nd Violation = Infraction
3rd Violation = Infraction
4th+ Violation = Misdemeanor
$100.00
$200.00
$300.00
$1,000.00 &/or 6 mos. in
jail

16.152.060 -1 Health and sanitation.

Smoking on city property.

Violations; penalty.

Smoking on city
property
1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Misdemeanor
$25.00
$50.00
$1,000.00 &/or 6 mos. in
jail

16.20.090 (a) 1 Health and Sanitation.

Commercial Poultry
ranches. Violation; penalty
Sanitation violations on
commercial poultry
ranches
1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Infraction
$50.00
$100.00
$250.00

16.36.020 (c) Health and sanitation. Fly
control. Accumulation of
matter to cause breeding
of flies not permitted.

Accumulation of matter
causing the breeding of
flies
1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Misdemeanor
$100.00
$200.00
$1,000.00 &/or 6 mos. in
jail

16.84.150 (b) Health and sanitation.

Liquid wastes and animal
biproducts. Same--
penalties.

Liquid and animal
wastes sanitation
violations
1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Misdemeanor
$100.00
$200.00
$1,000.00 &/or 6 mos. in
jail
CHAPTER 18
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18.05.030 (a) Animals. Crowing roosters.

Violation; penalty
Penalty for crowing
roosters
1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Infraction
$50.00
$100.00
$250.00

18.06.020 (1) Mandatory Altering and
Licensing of Miniature Pigs.

Violation; penalty
Unlicensed miniature
pig
1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Infraction
$50.00
$100.00
$250.00

18.08.110 (a) 1 Impounded dogs and cats
and service fees.

Fine for unaltered
impounded animals
1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Infraction
$35.00
$50.00
$100.00

18.08.110 (a) 2 Impounded dogs and cats
and service fees.

Fine for impounded
dogs and cats
1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Infraction
$50.00
$100.00
$150.00

18.08.110 (t) Impounded dogs and cats
and service fees.

Animals impounded and
sheltered at a County of
Riverside animal shelter
facility shall be charged
a boarding fee of
$20.00 per day.

$20.00
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18.08.110 c

Impounded dogs and cats
and service fees.

The fee for destruction
and disposal of any dog,
cat, or other small
animal in accordance
with any provision of
this chapter, shall be
$25.00.

$25.00

18.08.210 (a) 1 Violation Violation of animal
control ordinances
1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Infraction
$100.00
$200.00
$500.00
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18.08.210 (b) Violation Persons receiving a
citation for any
infraction resulting from
a violation of this
chapter, may choose to
clear the citation within
ten days, thereby
avoiding a visit to court
and a potentially higher
court fine, by
demonstrating their
compliance to the
animal services director
through their written,
signed agreement and
paying an
administrative fee of
$60.00 to the
department.

$60.00

18.08.210 (c) -1 Violation Violation of home
quarantine or
interfering in a rabies
investigation
Violation - Misdemeanor $100.00 - $1,000.00 &/ or
1 year in jail
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18.12.040 -1 Hearing prior to seizure of
animal
Failure to produce an
animal at hearing or
provide verification that
the animal was
humanely destroyed
Violation - Infraction $250.00 - $1,000.00

18.12.120 (a) 1-a Animals. Abandoned,
neglected and cruelly
treated animals. Violation;
penalty
Animal cruelty 1st Violation - Infraction
2nd Violation - Infraction
$100.00
$200.00
CHAPTER 110
110.20.030 (b) Buildings and construction.

Fire code. Penalties.

Violations of the fire
code
1st Violation = Infraction
2nd Violation= Infraction
3rd+ Violation = Misdemeanor
$200.00
$300.00
$1,000.00 &/or 6 mos. in
jail
110.24.080 (b) 1 Land Development Code.

Violation; penalties
Violation of the Land
Development Code
1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Misdemeanor
$50.00-$100.00
$100.00-$200.00
$500.00-$1,000.00 &/or 6
mos. in jail
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110.24.100 Land Development Code.

Civil penalties
Violations of the land
development code
Violation - Infraction $50.00-$250.00
110.24.100 Buildings and construction.

Public swimming pools and
spas. Civil penalties.

Violating code of public
swimming pools and
spas
Violation - Infraction $50.00-$250.00
110.56.050 (b) Buildings and construction.

House numbering system.

Violations; penalties.

Violating the house
numbering system
1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Misdemeanor
$100.00
$200.00
$1,000.00 &/or 6 mos. in
jail
110.84.050 (b) Buildings and construction.

Post-disaster safety
assessment placards.

Violations.

Prohibited use of post-
disaster safety
assessment placards
Violation - Misdemeanor $1,000.00 &/or 6 mos. in
jail
110.88.071 (a) 1 Buildings and construction.

Registration of residential
property in foreclosure.

Fine for failure to timely
register a property with
the city.

Failure to timely
register a foreclosed
residential property
with the city
1st Violation = Infraction
2nd Violation = Infraction
3rd+ Violation = Infraction
$250.00
$500.00
$1,000.00
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CHAPTER 120
120.04.150 (e) Planning and zoning.

Standards relating to
specific uses. Cannabis
facilities, cultivation, and
deliveries.

Possession of cannabis
plants
Violation - Misdemeanor $1,000.00

35 RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE APPROVING THE 2023 BAIL SCHEDULE FOR VIOLATIONS OF THE EASTVALE MUNICIPAL CODE WHEREAS, Penal Code Section 1269(b) requires the Riverside County Superior Court to adopt an annual countywide bail schedule which includes bail amounts for Municipal Code violations; and
WHEREAS, the Riverside County Superior Court has requested the City of Eastvale to advise the Court of any proposed changes to the bail schedule for violations of the Eastvale Municipal Code for inclusion in the 2023 countywide bail schedule; and WHEREAS, the City of Eastvale bail schedule's base bail amounts of $35 for infractions and $185 for misdemeanors have not been increased since incorporation; and WHEREAS, the City Council finds that the current base bail amounts in the City's bail schedule are not an adequate deterrent to potential violators and should be increased within the maximum amounts allowed by law.

NOW, THEREFORE, BE IT RESOLVED AND HEREBY ORDERED BY THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA AS FOLLOWS:

SECTION 1. That the Riverside County Superior Court is requested to accept the 2023 Bail Schedule attached hereto as Exhibit "A" and incorporated herein by reference, for violations of provisions of the Eastvale Municipal Code.

SECTION 2. That the City Clerk is directed to forthwith transmit a copy of this Resolution to the Administrator of the Riverside County Superior Court.

PASSED, APPROVED AND ADOPTED this 8th day of March, 2023. ____________________________________
Todd Rigby
Mayor
APPROVED AS TO FORM: ATTEST:
______________________________
Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk/Communications Director
36 STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §

CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 23-XX, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 8th day of March, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Marc A. Donohue, MMC
City Clerk/Communications Director
37 AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.3
March
8, 2023
Expense/Accounts Payable Management So,ware Professional Services Agreement
Prepared By:

Luis Hernandez, Finance Manager
Recommended Action(s)
Staff recommends that the City Council approve a Three-Year Software Services Agreement with SAP Concur for expense management so$ware and related professional service in an amount not to exceed $91,904, and authorize the City Manager to execute the Agreement.

Summary
The City of Eastvale has adopted a decentralized accounts payable methodology where departments are responsible for coding and approving all of their own invoices before submi-ng to Finance for payment. The process relies heavily on outdated prac.ces and procedures. Invoices are currently routed, re-routed, and managed through paper, email, signature applica.ons, computer folders and mul.ple excel spreadsheets. This process does not allow staﬀ to easily track, manage or process vendor payments in a .mely and eﬃcient manner. Expense management so$ware would allow for a more eﬃcient and collabora.ve working environment. The so$ware will provide a database, workﬂow management and repor.ng tools. As a result, all staﬀ will be able to quickly and eﬃciently manage, process and track invoices. This comes at a .me when the City has experienced over a 40% increase in the number of invoices processed from the year 2020 to 2022. Currently, the Finance department relies on one Accoun.ng Technician to manage payment for nearly 200 monthly invoices in addi.on to vendor and department inquiries related to those invoices. The so$ware will allow for appropriate invoice management as well as increased eﬃciencies as the City con.nues to grow.

Background 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
38 Accurate and .mely processing of vendor payments is an important process that is necessary for running day-to-day City opera.ons. The current processes are outdated, imprac.cal and inadequate to meet the needs of current invoice volume and current staﬃng levels. The outdated process involves not only the Finance department but all departments and divisions that manage expenditures. This manual process requires vendors and or departments to send approved and coded invoices to Finance for payment. The increase in invoice volume as well as the increase in the number of reviewers and approvers has created a need for improvement.

The Accoun.ng Technician spends an unnecessary and signiﬁcant amount of .me rou.ng and rerou.ng invoices. The Accoun.ng Technician uses email, computer folders and an excel spreadsheet to try and manage the en.re process. It is es.mated that the Accoun.ng Technician dedicates 25% of their .me managing the rou.ng and approval of invoices. Each department/division that handles invoices also dedicates several hours each check run solely to the rou.ng and tracking of invoices. Even with all of the current staﬀ .me that is dedicated to managing invoices, there is no simple way to run status reports or to quickly and eﬃciently see outstanding invoices. The current process also does not allow Finance or other departments to see or track where invoices are in the approval process. Given all of the challenges and limita.ons of the current processes, it would be in the city's best interest to move invoice management to a database built for the task at hand.

A$er par.cipa.ng in various demonstra.ons and receiving several quotes, staﬀ has determined that SAP Concur best meets the City’s current and future needs in all aspects of invoice management.

SAP Concur services thousands of customers across various industries. Its customer base ranges from small businesses to fortune 500 companies and public entities.

SAP Concur will allow all staﬀ to manage invoices in a centralized cloud-based loca.on. By crea.ng a database that automa.cally captures, stores, codes, routes and tracks invoices, the so$ware will eliminate the need for mul.ple back and forth emails seeking approval or status updates. Most importantly, the so$ware will also reduce the number of errors associated with the lack of a database. Finance staﬀ will work for approximately 12-16 weeks to setup vendors, layouts and workﬂows. Once implemented, City staﬀ will have access to the so$ware via a webpage login.

Invoices will be captured in the database through an email and users will be able to review invoices and route for the necessary approvals. Finance staﬀ will have administra.ve access and will be able to send back or extract invoices for payment. Having all invoices in the database will give the much- needed ability to track outstanding invoices in real .me. Full implementa.on is an.cipated before fiscal year end 6/30/2023.

Finance researched various op.ons regarding expense management solu.ons. Based on consumer reviews, Finance staﬀ selected the following so$ware providers to provide presenta.ons on their product oﬀerings: MineralTree, Vic.ai, Airbase and SAP Concur. Through discussion it was determined that MineralTree and Airbase were not compa.ble to work with the City’s enterprise resource planning (ERP) system, Springbrook. Vic.ai and SAP Concur were compa.ble to work with the City’s ERP system as they export informa.on through an excel csv ﬁle. Vic.ai and SAP Concur both presented power point presenta.ons and interac.ve demonstra.ons to showcase their user interfaces, workﬂows, and overall product oﬀerings. Both Vic.ai and SAP Concur have similar price points, however SAP Concur was willing to provide a 6-month payment waiver and oﬀered a more streamlined user interface. SAP Concur also has the ability to add purchase card management 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
39 whereas Vic.ai did not. Ul.mately SAP Concur was deemed to be the best product oﬀering for the City of Eastvale.

Environmental
Not applicable.

Strategic Plan Action - Priority Level: N/A
| Target #: 7
| Goal #: 4
Empower staff to innovate for efficiencies; create a culture of innovation.

Fiscal Impact
The Finance Department budgeted for expense management software during the fiscal year 2022-23 budget process.

Total impact for the current 2022-23 ﬁscal year is $9,510.

There is General Fund
budget dedicated and available for the annual so$ware license fees in account 100-210-6490.

Total
impact for the next 2023-24 ﬁscal year will be $14,365 to the General Fund.

Budget for the
upcoming 2023-24 fiscal year will be proposed during the budget approval process.

The operational, on-going cost of services is $2,092.50 per month or $8.37 per invoice at a volume of 250 invoices captured and processed per month. There is also an incremental transac.on fee of $10.48 per invoice for each invoice in excess of 250 invoices per month. As a con.ngency in the event that the City receives in excess of 250 invoices per month, an addi.onal cost of $524 per month (50 invoices at $10.48) for the post implementa.on contract total of 36 months or $18,864 will be added to the budget. This will ensure that obliga.ons are met in the event that the number of invoices processed increases over .me. Implementa.on charges include a one-.me setup fee of $8,000 and $377.50 per month for a monthly pre-produc.on fee. An implementa.on budget of $10,265 will allow for a 6-month implementa.on process. SAP Concur has oﬀered a 6-month waiver of $12,555, bringing the total cost over the 36-month period, including implementa.on, to $91,904.

See attachment: City of Eastvale - Quote for 250 Invoices.

Prior City Council/Commission Action
Expense management software has not been considered previously by the City Council.

Attachment(s)
Attachment 1 - Quote

Attachment 2 - Proposal

Attachment 3 - Order Form

Attachment 4 - SAP Concur Service Description Guide

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
40 SAP Concur Solution:

City of Eastvale
Invoice Budgetary Proposal (250 invoices/month)

Agreement Terms:
• 36-month term
• Monthly billing
• Net 30 payment terms
• 6-month waiver ($12,555.00 savings)

Services Setup Fee Monthly Pre-
Production
Fee
Monthly Base
Fee
Per Invoice
Cost
Incremental
Transaction
Fee
Monthly Base
Transaction
Volume
Core Service
Invoice Processing - Professional

$ 3,750.00

$ 377.50

$ 612.50

$ 2.45

$ 3.06

250
Extended Service
Invoice Capture

$ 1,750.00

$ 342.50

$ 1.37

$ 1.71

250
Invoice Line Item Capture $ 0.00 $ 152.50 $ 0.61 $ 0.77 250 Purchase Requests for Invoice $ 2,500.00 $ 152.50 $ 0.61 $ 0.77 250 Essential Care - Invoice Processing $ 0.00 $ 650.00 $ 2.60 $ 3.25 250 Consultative Intelligence for Invoice
Processing
$ 0.00 $ 182.50 $ 0.73 $ 0.92 250
Total Fees $ 8,000.00 $ 377.50 $ 2,092.50 $ 8.37 $ 10.48 N/A

41 PROPOSAL TERMS
Proposal Terms
This sales proposal is presented in USD, will expire on January 31, 2023 and does not represent a firm offer, but does constitute our proposal to do business with your company, subject to the negotiation of a mutually acceptable written agreement between the parties.

This proposal contains confidential information of SAP SE or an SAP affiliate company and may not be disclosed to any third party. Your company may use such information solely for its internal evaluation of our solutions. Your company’s use of such information will constitute its agreement to the above terms.

42 SAP Concur | City of Eastvale, CA
Invoice Budgetary Proposal
1/30/2023
43 2© 2021 SAP SE or an SAP affiliate company. All rights reserved. 2 WHAT WE’VE HEARD…
• Modernize/simplify business processes & systems
• Timely invoice reconciliation & streamlined communication • Centralized, scalable solution to support the City’s growth • Enhanced reporting capabilities
• Focus on higher capacity tasks
44 3© 2021 SAP SE or an SAP affiliate company. All rights reserved. 3 City of Eastvale, CA Implementation Timeline of SAP Concur Invoice Target Date Owner Milestones
1/30 Both Meeting to review timeline & pricing proposal Week of 2/6 Both Obtain pricing approval - Kristi to send SOF Week of 2/6 Both Review Agreement - Q&A Meeting (if required) Week of 2/13 Both IT Discussion Q&A Meeting (if required) Week of 2/13 Both Legal Q&A Meeting (if required) - obtain legal approval Week of 2/20 City of Eastvale Final Decision / Execute Sales Order Form via DocuSign Week 1
(post signature) SAP Concur SOF Processed & City of Eastvale Account Created Week 2-3
(post signature) SAP Concur City of Eastvale Project Team Established / Kickoff Call Scheduled Week 4-5
(post signature) Both City of Eastvale Site Configuration / Functional Design Session Week 6-8
(post signature) Both SAP Concur Confirms Site Configuration / City of Eastvale Creates Test Scripts Week 9-10
(post signature) Both System Testing
Week 10-11
(post signature) Both Functional Knowledge Transfer & City of Eastvale Dept. Admin Training June 30th
(or before) Both Go live with SAP Concur Invoice
45 4© 2021 SAP SE or an SAP affiliate company. All rights reserved. 4

SAP CONCUR INVOICE PROPOSAL
Agreement Terms*
• 36-month term
• Monthly billing
• Net 30 payment terms
• 6-month waiver ($11,268.00 savings) *Pricing valid until 2/28/23 and subject to final Sr. Leadership approval
Services Setup Fee Monthly Pre-
Production
Fee
Monthly Base
Fee
Per Invoice
Cost
Incremental
Transaction
Fee
Monthly Base
Transaction
Volume
Core Service
Invoice Processing - Professional

$ 3,750.00

$ 318.00

$ 514.00

$ 2.57

$ 3.21

200
Extended Service
Invoice Capture

$ 1,750.00

$ 0.00

$ 276.00

$ 1.38

$ 1.72

200
Invoice Line Item Capture $ 0.00 $ 0.00 $ 126.00 $ 0.63 $ 0.79 200 Essential Care - Invoice Processing $ 0.00 $ 0.00 $ 650.00 $ 3.25 $ 4.06 200 Consultative Intelligence for Invoice
Processing
$ 0.00 $ 0.00 $ 184.00 $ 0.92 $ 1.15 200
Purchase Requests for Invoice $ 1,500.00 $ 0.00 $ 128.00 $ 0.64 $ 0.81 200 Total Fees $ 7,000.00 $ 318.00 $ 1,878.00 $ 9.39 $ 11.74 N/A

Concur Invoice
Brochure
Invoice Processing
Video
Invoice Processing
Invoice management software is critical for accounts
payable. Automate invoice processing with SAP
Concur and you’ll gain speed and efficiency – plus a
new way to monitor and manage spending to
maximize your profitability.

Benefits
• Resolves invoices, purchase orders, and receivables
• Reduce data entry and save time
• Sync with SAP, NetSuite, and more
• Speed up processing with easy-to-use apps
• Reports provide visibility into spending before it happens • Integrate with payments providers
47 6© 2021 SAP SE or an SAP affiliate company. All rights reserved.

Invoice Capture/Line
Item Capture
Efficient invoice capture helps you take control of
payments – and save money in the process.

Standardize invoice data, save time, and reduce costs
by automating invoice capture. Automate invoice
capture, and you can ensure you get the same
information from each invoice.

Benefits
• Improving supplier relationships so you can negotiate deals • Taking advantage of prompt payment discounts
• Increasing accuracy and cutting payment processing times • Reducing invoice processing costs
Brochure
Invoice Capture
Video
Invoice Capture
48 7© 2021 SAP SE or an SAP affiliate company. All rights reserved.

Essential Care
Concur configuration experts help your administrators
with best practice guidance, configuration
recommendations and coaching when they need it.

Benefits
• Speak with an expert
• Save time on administrative tasks
• Take advantage of a service that evolves with you
• Get assistance and tailored recommendations to improve efficiencies
Brochure
Essential Care
49 8© 2021 SAP SE or an SAP affiliate company. All rights reserved.

Consultative Intelligence
& Analytics
Maximize your spend data with insights unique to
your business through expert help with all your data
and analytical needs. Gain better insights more
quickly with our expertise and technology. Creating
custom reporting strategies internally takes time and
expertise.

Benefits
• Make informed business decisions faster
• Utilize our expertise in reporting best practices
• Develop custom reports and dashboards
• Unlock powerful insights unique to your business
Brochure
Consultative Intelligence
Video
Consultative Intelligence
50 Thank you!
Contact information:

Kristi Bleiweiss, Regional Sales Executive
Mobile: (425) 466-1126
[email protected]
51 © 2021 SAP SE or an SAP affiliate company. All rights reserved.

No part of this publication may be reproduced or transmitted in any form or for any purpose without the express permission of SAP SE or an SAP affiliate company.

The information contained herein may be changed without prior notice. Some software products marketed by SAP SE and its distributors contain proprietary software components of other software vendors. National product specifications may vary.

These materials are provided by SAP SE or an SAP affiliate company for informational purposes only, without representation or warranty of any kind, and SAP or its affiliated companies shall not be liable for errors or omissions with respect to the materials.

The only warranties for SAP or SAP affiliate company products and services are those that are set forth in the express warranty statements accompanying such products and services, if any. Nothing herein should be construed as constituting an additional warranty.

In particular, SAP SE or its affiliated companies have no obligation to pursue any course of business outlined in this document or any related presentation, or to develop or release any functionality mentioned therein. This document, or any related presentation, and SAP SE’s or its affiliated companies’ strategy and possible future developments, products, and/or platforms, directions, and functionality are all subject to change and may be changed by SAP SE or its affiliated companies at any time for any reason without notice. The information in this document is not a commitment, promise, or legal obligation to deliver any material, code, or functionality. All forward-looking statements are subject to various risks and uncertainties that could cause actual results to differ materially from expectations. Readers are cautioned not to place undue reliance on these forward-looking statements, and they should not be relied upon in making purchasing decisions.

SAP and other SAP products and services mentioned herein as well as their respective logos are trademarks or registered trademarks of SAP SE (or an SAP affiliate company) in Germany and other countries. All other product and service names mentioned are the trademarks of their respective companies.

See www.sap.com/corporate-en/legal/copyright/index.epx for additional trademark information and notices.

Learn more at concur.com
Follow all of SAP Concur
52 Concur Technologies, Inc.

ORDER FORM
Professional Edition

GENERAL INFORMATION

Customer Name:

City of Eastvale
Order Type:

Initial Sale

Currency for Fees:

USD

Service Type Billing Cycle:

Monthly beginning on the Transaction Fee Start Date

Initial Term:

36 months beginning on the Order Effective Date

Email Address For Notice:

[email protected]

Order Effective Date:

March 01, 2023

PO to be Issued:

Tax Exemption Claimed:

Y es

SERVICES ORDERED (primary service offerings) Pre-Production System Fee Initial Set Up Fee Invoice Processing $ 377.50 $ 3,750.00
SERVICES ORDERED FEE DETAILS (recurring fees for the primary service offerings ordered above) Service
Billing Cycle(s) (beginning on the
Transaction Fee Start Date) Base Transactions
(per Billing Cycle)
Base Transaction
Fee (per Billing
Cycle)
Incremental
Transaction Fee
(per incr. Trans.)
Invoice Processing 1 and beyond 250 $ 612.50 $ 3.06
EXTENDED SERVICES ORDERED (Transaction-based recurring services pertaining to the above or previously-ordered Service Types)
Initial Set Up Fee
Invoice Capture $ 1,750.00
Invoice Line Item Capture $ 0.00
EXTENDED SERVICES ORDERED FEE DETAILS (recurring fees for the transaction-based extended services ordered above) Extended Service
Billing Cycle(s) (beginning on the
Transaction Fee Start Date)
Base Transactions
(per Billing Cycle)
Base Transaction
Fee (per Billing
Cycle)
Incremental
Transaction Fee
(per incr. Trans.)
Invoice Capture 1 and beyond 250 $ 342.50 $ 1.71
Invoice Line Item Capture 1 and beyond 250 $ 152.50 $ 0.77 EXTENDED SERVICES ORDERED (additional unit-based recurring services pertaining to the above or previously-ordered Service Types) Description Unit Quantity Initial Set Up Fee
Purchase Requests for Invoice 1 Set Up(s) $ 2,500.00
Essential Care - Invoice Processing 1 Set Up(s) $ 0.00
Consultative Intelligence for Invoice Processing 1 Each $ 0.00 EXTENDED SERVICES ORDERED FEE DETAILS (recurring fees for the unit-based extended service ordered above)

Extended Service
Billing Cycle(s) (beginning on the
Transaction Fee Start Date)

Recurring Fee (per Billing
Cycle)
Incremental Transaction
Fee
(per incr. Trans.)
Purchase Requests for Invoice 1 and beyond $ 152.50 $ 0.77 Essential Care - Invoice Processing 1 and beyond $ 650.00 $ 3.25 Concur Use Only: S

ORDER FORM 2023-1449112 2

Page 1 ends

53 Consultative Intelligence for Invoice
Processing
1 and beyond $ 182.50 $ 0.92
ADDITIONAL SERVICES ORDERED (additional services with one-time fees pertaining to the above or previously ordered Service Type) Description Unit Quantity Initial Set Up Fee

ORDER TERMS

General: This Order Form is issued by Concur Technologies, Inc. ("Concur") and the Customer specified herein. Customer hereby orders the services specified in this Order Form (collectively the "Service") and Concur hereby agrees to provide such Service, subject to the terms set forth herein and as provided at http://go.sap.com/about/agreements.html. All undefined capitalized terms herein shall have the meanings ascribed to such terms in the Agreement. This Order Form incorporates the following documents in effect as of the date specified above as the "Order Effective Date" in the following order of precedence, all of which are collectively referred to herein as the "Agreement": (i) this Order Form, (ii) product-specific Supplemental Terms ("Supplement") for the Service, (iii) Support Schedule for Cloud Services, (iv) Service Level Agreement for the Service, (v) Data Processing Agreement for Cloud Services ("DPA"), and (vi) General Terms and Conditions for Cloud Services (United States) ( ''GTC'') . All references to "SAP" in the GTC and DPA shall mean "Concur". This Order Form as issued by Concur is an offer by Concur. When signed and returned to Concur by Customer on or prior to the end of the calendar month of the Order Effective Date, it becomes a binding written ordering document executed by Customer and Concur as of the Order Effective Date, unless unauthorized changes were made by Customer to this Order Form in which case it will be rejected.

Notification period after expiration of initial Term or any Renewal Term: Ninety (90) days Invoicing: Concur shall be entitled to invoice Customer for the fees specified in this Order Form as set forth in the Supplement.

Pre-Production System Fees: For each Service Type specified in this Order Form that includes a Pre-Production System Fee, Concur shall be entitled to invoice Customer for such Pre-Production System Fee beginning with the first calendar month after the date specified above as the "Order Effective Date" and continuing monthly thereafter until the Transaction Fee Start Date for such primary service.

Payment Terms: Customer will pay each accurate invoice within 30 days after the applicable invoice date.

Additional Definition(s): For purposes of the Agreement, the following terms shall have the definitions set forth below:
"Transaction Fee Start Date" means the first calendar month after the date of Production Availability.

Tax Exemption Claimed: A tax exemption certificate must be provided to SAP Concur by Order Effective date; in the United States, the tax exemption certificate is usually the state sales tax exemption certificate; for U.S. federal government entities, a copy of the federal purchase order will be accepted as the tax exemption certificate; if the certificate is not provided by the Order Effective Date, tax will be assessed and credits/rebills will not be given.

Waiver of Fees: Concur shall waive the Recurring or Base Transaction Fees (as applicable) for additionally ordered Service Types and/or Extended Services as specified below that may come due under the Agreement for a period of six (6) calendar months, beginning on the Transaction Fee Start Date set forth above.
• Invoice Processing
• Invoice Capture
• Invoice Line Item Capture
• Purchase Requests for Invoice
• Essential Care - Invoice Processing
• Consultative Intelligence for Invoice Processing
Publicity: SAP may include Customer's name and subscribed Cloud Services in SAP customer lists and earnings communications. [signature page follows]
Concur Use Only: S

ORDER FORM 2023-1449112 2

Page 2 ends

54 City of Eastvale

Signature \s1\

\n1\

Print Name

\t1\

Title

Concur Use Only: S

ORDER FORM 2023-1449112 2

Page 3 ends

55 SAP Concur – Service Description Guide

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Description Guide
Editionless
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 Proprietary statement
This document contains proprietary information and data that is the exclusive property of SAP SE or an SAP affiliate company. No part of this document may be reproduced, transmitted, stored in a retrieval system, translated into any language, or otherwise used in any form or by any means, electronic or mechanical, for any purpose, without the prior consent of SAP SE or an SAP affiliate company. © Copyright 2022 SAP SE or an SAP affiliate company. All rights reserved.

Concur® and respective logos are property of SAP SE or an SAP affiliate company. All brand names and product names used in this document are trade names, service marks, trademarks, or registered trademarks of their respective owners.

Published by SAP SE or an SAP affiliate company.

57 SAP Concur – Service Description Guide

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1 SERVICE OVERVIEW......................................................................................................................................... 5 2 TRAVEL & EXPENSE ......................................................................................................................................... 5 3 EXPENSE.......................................................................................................................................................... 6 4 TRAVEL ............................................................................................................................................................ 9 5 CONCUR REQUEST – STANDALONE ................................................................................................................ 10 6 INVOICE PROCESSING.................................................................................................................................... 11 7 EXTENDED SERVICES ..................................................................................................................................... 16 58 SAP Concur – Service Description Guide

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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 8 SUPPORT FOR THE SERVICES ......................................................................................................................... 74 9 SERVICE-LEVEL AGREEMENT.......................................................................................................................... 75 10 SECURITY STANDARDS................................................................................................................................... 77 11 ANALYSES ...................................................................................................................................................... 77 12 OTHER SERVICES ........................................................................................................................................... 77 13 AGREEMENT DEFINITIONS AND TRANSACTIONS ........................................................................................... 77 14 ADDITIONAL SERVICE NAMES ....................................................................................................................... 80

59 SAP Concur – Service Description Guide

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1 Service overview
This Service Description Guide describes certain SAP® Concur® on-demand business services (each, a “Service”) provided by Concur Technologies, Inc. and its affiliated companies (collectively, “Concur” or “SAP Concur”) to its customers (each, a “Customer”) using SAP Concur software that is hosted and managed by SAP Concur and accessed by the Customer over the Internet, as such Service may be reasonably modified by SAP Concur from time to time.

Service names
All undefined capitalized terms herein have the meanings ascribed in the Agreement for the Service. The Service can include the following service types with the option to order additional recurring Services if and when ordered under such Agreement:
• Travel & Expense
• Expense
• Travel
• Concur Request – Standalone (subject to the Customer’s configuration of the SAP Concur Service) • Invoice Processing
• Extended Service Modules
The Services and Extended Services are described more fully below.

If a Service had a previous or additional Service name or spelling, those names are listed in the Additional Service Names section of the guide.

Transactions
For many Services, the fee structure is based on transactions. The definition of “transaction” for each Service is provided in the Agreement Definitions and Transactions section of this guide.

Translations
This Services Description Guide (SDG) is written in the English language. If any translated versions of this SDG conflict with the English language version, the English language version of this SDG shall control.

Service availability
Each service is available subject to the Customer’s configuration of the SAP Concur Service. 2 Travel & Expense
Overview
The Travel & Expense solution fully integrates our expense and travel solutions into a unified end-to-end corporate travel booking and expense reporting service for our Customers. The Travel & Expense components are described below.
60 SAP Concur – Service Description Guide

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Travel & Expense includes our Smart Expense™ capability, which uses electronic receipts from three trusted sources – itinerary data captured at the time of booking, corporate card charges incurred during travel, and electronic receipts captured directly by the supplier – to create a “Smart Expense” that is used to prepopulate the details of the expense report as travel occurs. This drives what we call “One Touch Business Travel,” in which the click that books the travel reservation begins the expense reporting process.

Travel & Expense uses our global connect platform, which connects over 100,000 suppliers of travel content and services to this service. A number of these suppliers also provide us with electronic receipts that can be used to generate Smart Expenses, including global hotel, rail, and car rental providers. 3 Expense
Overview
The Expense service type consists of the following:
• Functionality that automates the preparation, routing, approval, and processing of expense reports under defined business policies and rules.
• Flexibility to support complex global business requirements, including multiple languages and currencies, multiple user groups or business units, multiple corporate credit cards, electronic receipt imaging (that is, Imaging), and transaction data analysis and reporting (that is, Concur Analysis or Analytics Essentials, depending on the Customer’s configuration of the SAP Concur Service). • Provision of secure data interface so that the Customer can import to or export from its back-office financial and human resource systems.
• Support of electronic payment of corporate card expenses, including support of the Customer- performed reimbursement through accounts payable (checks) and a payroll extract file. • Remote access to the SAP Concur software for expense reporting over the Internet through use of personal computers and web browsers that meet the minimum requirements of the Expense service.
• Remote access to Concur Analysis or Analytics Essentials (depending on the Customer’s configuration of the SAP Concur Service), the web-based, ad-hoc query and formatted report authoring that includes single sign on from within the SAP Concur Home page. • The ability for users to create expense reports from a TripIt account. • Functionality that automates the digitalization of a paper receipt captured through SAP Concur mobile that creates a digital image file of the receipt. (An administrator can enable this feature for users associated to a French Expense Service Configuration only; “French Expense Service Configuration” means that the user’s home country is France, and/or the user is assigned to an Expense service configuration with France designated as the home country.) • The ability for users to link their account to third-party sites or services, authorize access to such user account to third parties, and designate third parties to access and edit user’s information contained in the Expense service.
• Participation in In Product Messaging (IPM), which enables the delivery of messages managed by SAP Concur directly to the end user within SAP Concur mobile and web applications. IPM messages encourage user adoption of the Service, features, and related SAP Concur Services available to end 61 SAP Concur – Service Description Guide

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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 users, and enhance the overall user experience to support the Service. IPM can be based on Customer Data and can be targeted to increase effectiveness. IPM is a fixed component of the product design of SAP Concur web and mobile applications. If directed by the Customer, emails that complement IPM messaging can be provided by SAP Concur to users for the Customer. • SAP Concur’s implementation services described in the applicable Implementation Description Guide (or Activation Description Guide, as applicable) for the initial activation of SAP Concur’s Travel service for the Customer.
• SAP Concur’s Support Schedule for the Services described in this guide in support of Travel & Expense provided to the Customer.
• SAP Concur’s service-level commitments described in this guide for Travel & Expense. • Concur User Assistant by WalkMe functionality is included within the Service. Concur User Assistant provides in-product training and assistance to promote adoption, onboarding, and productive use of the Service. Concur User Assistant applies machine learning technology to data and information, including customer user actions, for the purpose of continuously improving content selection and enhance user experience.

Concur Analysis or Analytics Essentials
Expense includes one of the two following features depending on the Customer’s configuration of the SAP Concur Service. Each feature consists of basic reporting functionality as follows.

3.2.1 CONCUR ANALYSIS
Concur Analysis consists of the following:
• Web-based, ad-hoc query and formatted report authoring functionality that includes single sign on from within the SAP Concur Home page, authentication of credentials for granting users appropriate access and data rights, and integrated security leveraging the reporting hierarchy capability in the Service.
• Remote access to Concur Analysis over the Internet through use of personal computers and web browsers that meet the minimum requirements of Concur Analysis. • The Concur Data Warehouse, an integrated and comprehensive source of reporting data and the data management routines to populate it on an ongoing basis. • SAP Concur’s Support Schedule for the Services described in this guide in support of Concur Analysis provided to the Customer.

User roles control access to Concur Analysis, enabling the Customer to assign named users to the various functions of Concur Analysis. Additional user roles can be purchased for an additional fee. The roles and the named user quantities that are provided as part of the standard Concur Analysis service include:
• Business Author: Five (5) named users who have access to Query Studio for report creation and access to run and edit prebuilt reports.
• Consumer: Up to ten (10) named users to be assigned Consumer access by an Authorized Administrator to run prebuilt queries and reports provided by SAP Concur or saved reports provided by Business Authors of the Customer. Consumers can also set selected user interface preferences and manage folders.
• Manager: All managers designated in the system by the Customer are provided access to prebuilt queries and reports provided by SAP Concur or saved reports provided by Business Authors of the 62 SAP Concur – Service Description Guide

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3.2.2 ANALYTICS ESSENTIALS
Analytics Essentials is available subject to the Customer’s configuration of the SAP Concur Service. It consists of the following:
• Web-based, ad-hoc dashboard and formatted report functionalities that includes single sign on from within the SAP Concur Home page, authentication of credentials for granting users appropriate access and data rights, and integrated security leveraging the reporting hierarchy capability in the Service.
• Remote access to Analytics Essentials over the Internet through use of personal computers and web browsers that meet the minimum requirements of Analytics Essentials. • SAP Concur’s Support Schedule for the Service described in this guide in support of Analytics Essentials provided to the Customer.

User roles control access to Analytics Essentials, enabling the Customer to assign named users to the various functions of Analytics Essentials. The roles provided as part of Analytics Essentials include:
• Reporting Role: Analytics Essentials allows an unlimited number of users to be assigned Reporting Role access by the Authorized Administrator to run standard queries and reports provided by SAP Concur.
• Manager Role: All managers designated in the Service by the Customer are provided access to standard queries and reports provided by SAP Concur. A designated manager is limited to accessing only the data that applies to the users configured as such manager’s direct and indirect reports.

SAP Concur mobile app
The Expense service type includes the capabilities of the SAP Concur mobile app presently at no additional charge. SAP Concur reserves the right to charge additional fees for such capabilities in the future.

3.3.1 RECEIPT DIGITALIZATION
For Customers with users associated to a French Expense Service Configuration with the receipt digitalization feature enabled: The Expense service includes functionality that creates a digital image file of a paper receipt. The receipt digitalization feature is applied during creation of a mobile “quick” expense (as a placeholder, not yet added to an expense report), editing of an existing expense on an expense report, or using the ExpenseIt extended service.

Training
Training services for the Expense service for the Customer’s Authorized Administrator(s) include the following:
• A deployment toolkit with a collection of templates and curriculum to support the initial deployment of the Service.
• A QuickStart guide that provides step-by-step instructions for the most important tasks, including how to create an expense report.
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 • Access to online demonstrations that allow end users to review key capabilities of the Service, including how to create an expense report.
• Access to online instructor-led courses for Concur Analysis and Intelligence, or Analytics Essentials and Analytics, subject to the Customer’s configuration of the SAP Concur Service.

Additional training can be provided for an additional charge. 4 Travel
Overview
The Travel service type consists of the following:
• Functionality that automates the preparation, routing, approval, and processing of travel reservations (such as airline, lodging, rail, and car rental) under defined business policies and rules. • Flexibility to support complex global business requirements, including multiple languages and currencies, multiple user groups or business units, multiple corporate cards, and transaction data analysis and reporting.
• The ability to search and display various reservation inventories from multiple Global Distribution Systems (“GDSs”), direct connects, and other sources.
• The ability to load discount codes corresponding to negotiated rates available to the Customer. • The ability for users to manage their personal travel profile information including preferences and travel reward programs.
• Remote access to the SAP Concur software for travel booking over the Internet through use of personal computers, mobile devices, and web browsers that meet the minimum requirements of SAP Concur’s Travel service.
• The ability for users to automatically synch SAP Concur travel plans with a personal TripIt account.

The itineraries synchronize with any changes or updates without the need to send emails directly to TripIt.
• The ability for users to link their account to third-party sites or services, authorize access to such user account to third parties, and designate third parties to access and edit users’ information contained in the Travel service.
• Participation in In Product Messaging (IPM), which enables the delivery of messages managed by SAP Concur directly to the end user within SAP Concur mobile and web applications. IPM messages encourage user adoption of the Service, features, and related SAP Concur Services available to end users and enhance the overall user experience to support the Service. IPM can be based on Customer Data and can be targeted to increase effectiveness. IPM is a fixed component of the product design of SAP Concur web and mobile applications. In connection with IPM, and if directed by the Customer, emails that support IPM messaging can be provided to users by or on behalf of SAP Concur.
• SAP Concur’s implementation services described in the applicable Implementation Description Guide (or Activation Description Guide, as applicable) for the initial activation of SAP Concur’s Travel service for the Customer.
• SAP Concur’s Support Schedule for the Services described in this guide in support of SAP Concur’s Travel & Expense service provided to the Customer.
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 • SAP Concur’s service-level commitment described in this guide for SAP Concur’s Travel & Expense service.
• Concur User Assistant by WalkMe functionality is included within the Service. Concur User Assistant provides in-product training and assistance to promote adoption, onboarding, and productive use of the Service. Concur User Assistant applies machine learning technology to data and information, including customer user actions, for the purpose of continuously improving content selection and enhance user experience.

SAP Concur mobile app
The Travel service includes the capabilities of the SAP Concur mobile app presently at no additional charge. SAP Concur reserves the right to charge additional fees for such capabilities in the future.

Training
Training services for the Travel service type for a Customer’s Authorized Administrator(s) include the following:
• A deployment toolkit with a collection of templates and curriculum to support the initial deployment of the Service.
• A QuickStart guide that provides step-by-step instructions for the most important tasks, including how to create travel reservations.
• Access to online demonstrations that allow end users to review key capabilities of the Service, including how to create travel reservations.

Additional training can be provided for an additional charge. 5 Concur Request – Standalone
Overview
Concur Request – Standalone is available subject to the Customer’s configuration of the SAP Concur Service.

If available and ordered by the Customer, the Concur Request – Standalone service type consists of the following:
• Functionality that automates the preparation, routing, approval, and processing of requests under defined business policies and rules.
• Flexibility to support complex global business requirements, including multiple languages and currencies, and multiple user groups or business units. • Ability to integrate with the Expense and the Travel & Expense service types to automate the creation of Concur Requests and expense reports.
• Remote access to the SAP Concur software for Concur Requests over the Internet through use of personal computers and web browsers that meet the minimum requirements of the Concur Request service.
• Remote access to Concur Analysis for transaction data analysis and reporting (as described in the Concur Analysis or Analytics Essentials section above). 65 SAP Concur – Service Description Guide

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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 • SAP Concur’s implementation services described in the applicable Implementation Description Guide (or Activation Description Guide, as applicable) for the initial activation of Concur Request service for the Customer.
• SAP Concur’s Support Schedule for the Services described in this guide in support of the Travel & Expense Service provided to the Customer.
• SAP Concur’s service-level commitments described in this guide for the Travel & Expense Service. • Concur User Assistant by WalkMe functionality is included within the Service. Concur User Assistant provides in-product training and assistance to promote adoption, onboarding, and productive use of the Service. Concur User Assistant applies machine learning technology to data and information, including customer user actions, for the purpose of continuously improving content selection and enhance user experience.

Training
Training services for the Concur Request – Standalone service type for the Customer’s Authorized Administrator(s) include the following:
• A deployment toolkit with a collection of templates and curriculum to support the initial deployment of the Service.
• A QuickStart guide that provides step-by-step instructions for the most important tasks, including how to create a Concur Request, review and approve it, and associate it with an expense report (as applicable).
• Access to online demonstrations that allow end users to review key capabilities of the Service, including how to create a Concur Request, review and approve it, and associate it with an expense report (as applicable).

Additional training can be provided for an additional charge. 6 Invoice Processing
Overview
The Invoice Processing service type consists of the following:
• Functionality that automates vendor payment request preparation, capture, routing, approval, and payment processing.
• PO matching is available, subject to the Customer’s configuration of the SAP Concur Service. • Remote access to the SAP Concur software for Invoice Processing over the Internet through use of personal computers and web browsers that meet the minimum requirements of the Invoice Processing Service.
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 • Remote access to Concur Analysis or Analytics Essentials (depending on the Customer’s configuration of the SAP Concur Service) for transaction data analysis and reporting (as described in the Concur Analysis or Analytics Essentials section above). • SAP Concur’s implementation services described in the applicable Implementation Description Guide (or Activation Description Guide, as applicable) for the initial activation of SAP Concur’s Travel service for the Customer.
• SAP Concur’s Support Schedule for the Services described in this guide in support of Invoice Processing.
• SAP Concur’s service level commitment described in this guide for Invoice Processing Services. • The Service applies machine learning technology to data and information, including Customer Data, for the purpose of continuously improving its reliability and efficacy in reviewing invoices and documentation and extracting and classifying information used in the Service. • Concur User Assistant by WalkMe functionality is included within the Service. Concur User Assistant provides in-product training and assistance to promote adoption, onboarding, and productive use of the Service. Concur User Assistant applies machine learning technology to data and information, including customer user actions, for the purpose of continuously improving content selection and enhance user experience.

Invoice ACH Payments
Invoice Processing includes the capability for Customer to enable the process of drawing funds by direct debit from the Customer’s bank account to transfer payment to the Customer’s supplier for invoices processed by the Invoice Processing (“Invoice ACH Payments”). Invoice ACH Payments is subject to the additional terms set forth below.

6.2.1 DEFINITIONS
“ACH” means Automated Clearing House, which is a funds transfer system governed in the US by the rules of the National Automated Clearing House Association (“NACHA”) that provides for the interbank clearing of electronic entries for participating financial institutions. “ACH Credit” means an ACH transfer of funds into a bank account. “ACH Debit” means an ACH transfer of funds from a bank account. “Customer Bank Account” means the Customer account at the Customer’s Bank identified to the Payment Processor by the Customer as the account located in the United States to be debited (or credited in the event of a return or reversal) by the Payment Processor under Invoice ACH Payments. “Customer’s Bank” means the financial institution located in the United States identified to the Payment Processor by the Customer as the financial institution at which the Customer maintains the Customer Bank Account.
“Invoice ACH Payment Request” means, for each transfer of funds from the Customer Bank Account, the amount of Invoice Payments identified by the Customer to be paid to applicable Suppliers in accordance with the Invoice Payment Schedule.
“Invoice Payment Schedule” means the daily schedule for making Invoice ACH Payments on a Supplier group basis.
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 “Invoice Payments” means the ACH process of transferring funds from the Customer Bank Account to the Payment Processor’s bank account, and from the Payment Processor’s bank account to a Supplier Bank Account under Invoice ACH Payments.
“Overdraft” means either of the following: (1) The Customer’s failure to provide sufficient funds to fully cover any Invoice ACH Payment Request debited to the Customer Bank Account on any given day, or (2) the rejection or return, whether for insufficient funds or otherwise, of an ACH Debit drawn against the Customer Bank Account to fund an Invoice ACH Payment Request. “Payment Processor” means the approved legal entity that is responsible for moving funds between the Customer Bank Account and the Supplier Bank Account through their own bank account. “Supplier” means a Supplier of the Customer identified to SAP Concur by the Customer as eligible to receive Invoice Payments in the amounts identified by Invoice Processing to be paid to such Supplier under Invoice ACH Payments.
“Supplier Bank Account” means a Supplier account at the Supplier’s Bank identified to SAP Concur by the Customer as the account located in the United States to be credited (or debited in the event of a return or reversal) by the Payment Processor under Invoice ACH Payments. “Supplier’s Bank” means the financial institution located in the United States identified to SAP Concur by the Customer as the financial institution at which a Supplier maintains its Supplier Bank Account.

6.2.2 ADDITIONAL TERMS
Invoice ACH Payments is subject to the following additional terms:
• Invoice ACH Payments is not available for Customers that purchased the Invoice Processing Cloud Service indirectly from a reseller partner of SAP Concur. • Payments may only be made in USD.
• Customer must have its own independent contractual relationship with an approved Payment Processor prior to any Invoice ACH Payments Request. SAP Concur is not responsible for any terms between Customer and a Payment Processor that are agreed to by Customer with Payment Processor.
• Each Invoice Payment Request is an authorization by Customer for SAP Concur to direct the Payment Processor to initiate, on the Customer’s behalf, ACH Debits and ACH Credits for each applicable Invoice Payment Request, including: (1) initiating ACH Debits to the Customer Bank Account to fully fund applicable Invoice Payment Requests in accordance with the Payment Schedule, and (2) initiating ACH Credits to the specified Receiving Bank Accounts that correspond to a given Invoice Payment Request.
• Customer is responsible for (1) providing to the Payment Processor the Customer Bank Account at Customer’s Bank for Invoice Payments; (2) specifying Payment Terms to SAP Concur that determine the Invoice Payment Schedule for Invoice Payments to its Suppliers; (3) setting up and validating any settlement process(es) for Invoice ACH Payment Requests that may be required by Customer’s Payment Processor; (4) controlling the invoice dates that determine the Payment Schedule for Invoice Payments to Suppliers; (5) ensuring that the Customer’s Bank Account is authorized to allow the transfer; (6) the actions of the Customer’s Bank pursuant to such authority; and (7) obtaining all necessary and appropriate authorizations from each Supplier (a “Supplier Authorization”) before the first Invoice Payment to the Supplier Bank Account of such Supplier, which Supplier Authorization authorizes the initiation of credits to such Supplier Bank Account and reversals of credits made to such account to recover funds credited to such account in error. 68 SAP Concur – Service Description Guide

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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 • Customer is responsible for the actions and omissions of the Customer representatives in inputting Supplier bank account, as well as any additional data to be provided with a payment, into Invoice Payments and to ensure the continued accuracy of such information. • Customer is responsible for providing sufficient funds in the Customer Bank Account to timely and fully cover all Invoice Payment Requests in accordance with the Invoice Payment Schedule. In the event of an Overdraft: the Payment Processor will promptly notify the Customer and will have the right to deny additional Invoice Payments until the Customer fully reimburses the Payment Processor for any Invoice Payments settled before such action by the Payment Processor (if any) and fully corrects the Overdraft.
• Customer must pay to the Payment Processor the amount of any unfunded payment file (including any debit that is returned because of insufficient or uncollected funds or for any other reason) on demand, plus the following amounts as liquidated damages and not as a penalty: an overdraft fee equal to one percent (1%) of the deficiency; and interest on the deficiency at rate of one and one- half percent (1.5%) per month or the highest interest rate permitted by applicable law, whichever is less, until the deficiency is paid in full (and fully cleared into the Payment Processor’s bank account).

Customer is also responsible for notifying the Customer’s Bank for any stop payment request on an Invoice Payment and late payment fees owed to Suppliers. • Customer must cooperate with the Payment Processor, law enforcement, and banking authorities to assist in the recovery of funds erroneously included in any Invoice Payment issued to any Supplier or credited to any Supplier Bank Account in error.
• SAP Concur is responsible for (1) receiving each Invoice ACH Payment Request from Invoice Processing for ACH settlement; (2) sending applicable Invoice ACH Payment Request to the applicable Payment Processor for execution; (3) confirming to the Customer all Invoice Payments that can be processed, and notifying the Customer of all Invoice Payments for which payments are unable to be initiated, regardless of Payment Processor. • SAP Concur is responsible for initiating the request to reverse or stop payment, in the Payment Processor’s discretion or at the Customer’s written request, any Invoice Payment in the event of an error, such as the following: (1) duplication of a previously initiated Invoice Payment, (2) an Invoice Payment initiated to an unintended recipient, (3) an Invoice Payment initiated in an amount different from the amount that the recipient was entitled to receive under Invoice Pay. The NACHA rules limit the amount of time for reversals. While the Payment Processor will reasonably cooperate with the Customer’s requests for reversals and stop payments, it does not control the reversal and stop-payment process and cannot guarantee results.
• SAP Concur is responsible for any Invoice Payment made in error that is due to the fault of SAP Concur that is not remedied within thirty (30) days after the date that SAP Concur is notified in writing of such error and that is not in accordance with an Invoice ACH Payment Request or otherwise approved by the Customer or the applicable Payee (a “SAP Concur Error”). Such SAP Concur liability is contingent upon Customer: (1) providing written notice of the SAP Concur Error within thirty (30) days after the occurrence of such error, (2) making an appropriate assignment of claims to SAP Concur where SAP Concur so requests, and/or (3) using its best efforts to fully cooperate with the requests of SAP Concur, the Payment Processor, law enforcement, and banking authorities in connection with the recovery of an erroneous Payment. Such SAP Concur liability is not subject to the limitation of liability on direct damages set forth in the Agreement between the Customer and SAP Concur.
• Payments will be settled directly with Customer’s Payment Processor, using payment method previously agreed to with Payment Processor. Payments processed via Direct Debit are executed by 69 SAP Concur – Service Description Guide

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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 the Payment Processor following such Partner’s processes, including Direct Debit from the Customer Bank Account and the initiation of Credits to the specified Payee Bank Accounts that correspond with the Payment Request. Customer’s Payment Processor is responsible for communicating directly with SAP Concur the status of Credits including those which the Payment Processor is able to process and those that it is unable to process for any reason. SAP Concur is not responsible for services provided by Payment Processor under the terms agreed to between Customer and such Payment Processor. SAP Concur is likewise not responsible for any lack of availability or functionality caused by a Payment Processor and has no obligation to develop additional functionality or integration capability with a Payment Processor.
• Both Customer and SAP Concur must comply with all applicable NACHA rules and all applicable laws in connection with Invoice Payments.
• Customer must not engage in any fraudulent or criminal activities, including without limitation money-laundering activities, associated with Invoice Payments and take all appropriate and reasonably necessary steps to prevent use of their operations for any fraudulent or criminal activities.
• Under NACHA rules, the Customer is the originator of all ACH Debits and ACH Credits under Invoice Payments. Customer represents that all Suppliers have authorized entries to their bank accounts and that the Customer will pay for all ACH Credits. In addition, if any debit to a Supplier Bank Account reversing or correcting a previously submitted ACH Credit is returned for any reason, the Customer unconditionally promises to pay the amount of such debit on demand and interest thereon at the interest rate specified above until the same is paid in full (and fully cleared into the Payment Processor’s bank account).
• If the Payment Processor has any reason to believe that funds have been deposited in its bank account in fraudulent or criminal circumstances or intent, then the Payment Processor is entitled, in order to facilitate reasonable inquiry, to freeze such funds without being liable for any loss incurred as a result. Unless prohibited by applicable law or regulation, the Payment Processor will promptly notify the Customer of any such action and the reasons for it. • Invoice Payments are available only for so long as the Payment Processor determines that the Customer is creditworthy, and provided that the Customer completes all prerequisites for Invoice Payments.
• Notwithstanding anything to the contrary, the Payment Processor is not responsible for any damages arising from any decision to withhold or delay originating Invoice Payments or effecting scheduled Invoice Payments in any of the following situations: (1) after reasonable efforts to verify such entries by the required security procedure have failed, (2) when damages are due to the Customer’s creditworthiness, or (3) when damages are due to the Customer’s failure to timely deliver funds to the Payment Processor for fully funding an Invoice Payment Request.

Training
Training services for the Customer’s Authorized Administrator(s) for the Invoice Processing service type include the following:
• A deployment toolkit with a collection of templates and curriculum to support the deployment • A QuickStart guide providing step-by-step instruction for the most important tasks • Access to online demonstrations that allow end users to review key capabilities of Invoice Processing Services, including creating and submitting a payment request 70 SAP Concur – Service Description Guide

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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 Additional training can be provided for an additional charge. 7 Extended services
Overview
The extended service modules are a collection of value-added services that can be ordered for an additional fee. Subject to the Customer’s configuration of the SAP Concur Service, these services consist of the following if and when ordered under an Agreement. The Extended Services are:
• Concur Business Intelligence
• Audit Services
• Guaranteed Compliance Service
• Expense Pay
• Risk Messaging – Add-on
• User Support Desk
• Service Administration
• ExpenseIt®
• Concur TripLink®
• Concur Request – Add-on (subject to the Customer’s configuration of the SAP Concur Service) • Central Reconciliation (subject to the Customer’s configuration of the SAP Concur Service) • Invoice Management
• Company Bill Statements (subject to the Customer’s configuration of the SAP Concur Service) • Connectors and Web Services
• Client Web Services
• Japan Public Transport Module
• Drive
• Concur Locate – Add-on
• Active Monitoring – Add-on
• Extract Services (subject to the Customer’s configuration of the SAP Concur Service) • Concur Detect
• Analytics (subject to the Customer’s configuration of the SAP Concur Service) • Budget
• Concur FAVR by Motus
• Managed Rate Administration (subject to the Customer’s configuration of the SAP Concur Service) • Additional Service Options
These services are described more fully below.
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 Concur Business Intelligence
The Concur Business Intelligence module is a collection of extended services that can be ordered under the Travel & Expense, Expense, Concur Request – Standalone (available subject to the Customer’s configuration of the SAP Concur Service), or Invoice Processing service types for an additional fee, provided the Customer is using Concur Analysis. The Concur Business Intelligence module includes the following extended service options, which can be individually ordered.

7.2.1 INTELLIGENCE
The availability of the Intelligence service is subject to the Customer’s configuration of the SAP Concur Service. If available and ordered by the Customer, the Intelligence service allows for extended reporting functionality beyond the scope of the standard reporting functionality (that is, Concur Analysis).

Intelligence consists of the following:
• Web-based, ad-hoc query and formatted report authoring functionality that includes single sign on from within the SAP Concur Home page, authentication of credentials for granting users appropriate access and data rights, and integrated security leveraging the reporting hierarchy capability in the Service
• The ability to report across the full Travel & Expense service to compare booked versus charged versus expensed data
• Access to Cognos Report for advanced report creation, including more complex report formatting, calculations, and formulas
• Ability to include multiple queries in a single report to create a dashboard-style view • Bursting, which allows reports to be automatically tailored to the individual recipients and distributed
• Availability of additional Standard Reports made available by SAP Concur • Remote access to Intelligence over the Internet using personal computers and web browsers that meet the minimum requirements for Intelligence
• The application of coding, scripts, or algorithms (enhancements and cleansing) to Customer Data in order to establish additional referential relationships, matches, and/or discrepancies between SAP Concur-approved supplier data and SAP Concur data sources • The Concur Data Warehouse, an integrated and comprehensive source of reporting data and the data management routines to populate it on an ongoing basis • SAP Concur’s Support Schedule for the Services described in this guide in support of Intelligence provided to the Customer
User roles control access to Intelligence, enabling the Customer to assign named users to the various functions of Intelligence. Additional user roles can be purchased for an additional fee. The roles and the named user quantities that are provided as part of the Intelligence service (or that result from an extension of the service from Concur Analysis to Intelligence) include:
• Professional Author: Ten named users with access to Cognos Report , for highly advanced report creation, and access to Query Studio.
• Business Author: 20 named users that have access to Query Studio for report creation and access to edit and run prebuilt reports.
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 • Consumer: Up to 40 additional named users to be assigned Consumer access by the Customer’s Authorized Administrator to run prebuilt queries and reports provided by SAP Concur or saved reports provided by Business Authors of the Customer. Consumers can also set selected user interface preferences and manage folders.
• Manager: All managers designated in the system by the Customer are provided access to prebuilt queries and reports provided by SAP Concur or saved reports provided by Business and Professional Authors of the Customer. A designated manager is limited to accessing only the data that applies to the users configured as such manager’s direct and indirect reports.

7.2.2 MANAGED REPORTING
Managed Reporting is available only for Customers who have ordered the Intelligence service. It consists of access to SAP Concur representatives with Intelligence and data model experience to review and create the appropriate set of custom reports for the Customer’s organization. Specifically, an SAP Concur representative works with the Customer to perform the following activities:
• Create report transactions, based on the number of report transactions purchased by the Customer.

Each report transaction purchased must not exceed a maximum of eight hours of development by SAP Concur. A report transaction can include any of the following:
o Customizing a standard report
o Developing a new custom report
o Assisting in modifying and/or developing an existing custom report not created by SAP Concur o Assisting with the setup of periodic automated report scheduling and bursting tailored content for report recipients
• Provide the access described above to respond to service requested by the Customer by telephone and email, Monday through Friday from 9 a.m. to 5 p.m. of the SAP Concur representative’s applicable time zone, excluding SAP Concur holidays.
• Perform the above service by telephone, email, and the SAP Concur Support Portal in the following languages: English, Spanish, Portuguese, French, German, Italian, Russian, Mandarin, Korean, and Japanese.

7.2.3 CONSULTATIVE INTELLIGENCE
Consultative Intelligence is an extended service that can be ordered under the Travel & Expense, Expense, or Invoice Processing service types for an additional fee.

Consultative Intelligence consists of the following:
• All the functionalities that apply to the Intelligence service described above, including user roles. • Access to one or more SAP Concur reporting consultants who are familiar with SAP Concur Intelligence and the Customer’s Service configuration to collect travel and expense data. After an introductory call between the Customer and an SAP Concur reporting consultant, the SAP Concur reporting consultants work with the Customer on an ongoing basis to support the Customer’s reporting needs, including:
o Developing a reporting strategy for the Customer’s organization o Reviewing the Customer’s travel and expense policy(ies) and making recommendations to use relevant data in achieving the Customer’s goals
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 o Introductory training on SAP Concur Intelligence functions and features, including scheduling and automated data distribution
o Customizing standard report(s)
o Developing new custom report(s) and/or dashboard(s)
o Where feasible, making recommendations to resolve unique business problems/issues relating to the Customer’s reporting needs
o Assisting with the setup of automated report scheduling and/or bursting of actionable data to designated recipients
o Providing targeted training covering general navigation or basic reporting functionality o Providing guidance and consultation on reporting best practices o Offering solution recommendations to resolve the Customer’s business cases in respect of its reporting requirements using resolutions that SAP Concur has implemented for other Customers o Scheduling regular meetings (as needed) to review progress towards goals defined in the Customer’s reporting strategy
• Providing the access described above to respond to service requested by the Customer by telephone and email, Monday through Friday from 9 a.m. to 5 p.m. of the SAP Concur representative’s applicable time zone, excluding SAP Concur holidays
• Performing the above service by telephone, email, and the SAP Concur Support Portal in the following languages: English, Spanish, Portuguese, French, German, Italian, Russian, Mandarin, Korean, and Japanese

7.2.4 REPORTING SERVICES
Reporting Services is an extended service that can be ordered under the Travel & Expense, Expense, or Invoice Processing service types for an additional fee. Reporting Services is available only for Customers who have previously ordered the Intelligence module.

Reporting Services consists of the following:
• Access to one or more SAP Concur reporting consultants who are familiar with SAP Concur Intelligence and the Customer’s Service configuration to collect travel and expense data. After an introductory call between the Customer and an SAP Concur reporting consultant, the SAP Concur reporting consultants work with the Customer on an ongoing basis to support the Customer’s reporting needs, including:
o Developing a reporting strategy for the Customer’s organization o Reviewing the Customer’s travel and expense policy(ies) and making recommendations to use relevant data in achieving the Customer ’s goals
o Introductory training on SAP Concur Intelligence functions and features, including scheduling and automated data distribution
o Customizing standard report(s)
o Developing new custom report(s) and/or dashboard(s)
o Where feasible, making recommendations to resolve unique business problems/issues relating to the Customer’s reporting needs
o Assisting with the setup of automated report scheduling and/or bursting of actionable data to designated recipients
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 o Providing targeted training covering general navigation or basic reporting functionality o Providing guidance and consultation on reporting best practices o Offering solution recommendations to resolve the Customer’s business cases in respect of its reporting requirements, using resolutions SAP Concur has implemented for other Customers. o Scheduling regular meetings (as needed) to review progress towards goals defined in Customer’s reporting strategy
• Providing the access described above to respond to service requested by the Customer by telephone and email, Monday through Friday from 9 a.m. to 5 p.m. of the SAP Concur representative’s applicable time zone, excluding SAP Concur holidays.
• Performing the above service by telephone, email, and the SAP Concur Support Portal in the following languages: English, Spanish, Portuguese, French, German, Italian, Russian, Mandarin, Korean, and Japanese.

7.2.5 CONCUR EXPERIENCE OPTIMIZER
Concur Experience Optimizer is an extended service that may be ordered in connection with Intelligence under the Travel & Expense, Expense or Invoice Processing Service Types. The availability of the Concur Experience Optimizer service is subject to the Customer’s configuration of the SAP Concur Service. Concur Experience Optimizer consists of the following:
• SAP Concur consultants provide analysis, targeted recommendations, and best practice guidance based on the Customer’s applicable Travel, Expense and/or Invoice data, related policies, users and goals.
• Use of Concur-optimized survey and dashboard templates (“Templates”) implemented within Qualtrics (as defined below).
• Periodic meetings to review progress toward goals defined in the Customer’s survey and reporting strategy.

7.2.5.1 Additional Terms
Additional terms are shown below:
• Customer is responsible for obtaining and/or maintaining a license to Qualtrics EmployeeXM for IT (“Qualtrics”) to enable SAP Concur to provide Concur Experience Optimizer, including providing SAP Concur with access to the Customer’s Qualtrics environment. The Customer is responsible for all corresponding use and license fees of Qualtrics, including for all surveys developed as part of Concur Experience Optimizer.
• As part of the Concur Experience Optimizer, SAP Concur will provide required Customer Data to Qualtrics on the Customer’s behalf.
• Templates may only be used by the Customer in connection with its use of Qualtrics and may not be shared with or used by third parties, except for third parties using them on behalf of and for the benefit of the Customer.

Audit Services
The Audit Services module is a collection of extended services that can be ordered under the Travel & Expense or Expense service types for an additional fee. The Audit Services module includes the following extended services, which can be individually ordered.
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7.3.1 RECEIPT AUDIT
Receipt Audit provides basic receipt substantiation and verification auditing. It consists of the following:
• The audit of selected expense reports submitted through the use of the Service before or after manager approval of the expense report and before user reimbursement or card remittance, including the audit of expense reports identified by the Service for auditing that may specifically include the audit of expense report submitters who are identified by the Service as always to be audited and exclude the audit of expense report submitters who are identified by the Service as exempt from audit. Each audit includes the following actions:
o Expense type validation, consisting of the review of accompanying receipts to ensure that specified expense types are classified correctly in the expense report in accordance with the documentation provided.
o Receipt substantiation, consisting of receipt verification to ensure that receipts match the expenses listed in the expense report, which is supported in all tier 1 languages supported by the core Expense service. The items verified are: date, vendor (if a required field), amount, expense type, and payment method.
o Cash expenses (out-of-pocket expenses), consisting of a review of the expense report to ensure that supporting documentation for cash expenses is included with the report. • Monthly reporting available using Analytics Essentials or Analysis (depending on the Customer’s configuration of the SAP Concur Service), Intelligence or Analytics, if ordered and subject to the Customer’s configuration of the SAP Concur Service.
• Returning to the submitter, for resubmission of the expense report, any expense report that contains predetermined exceptions (provided that taxable items, such as spousal travel, will be reported to the Customer as part of an audit report, but will not necessarily trigger a return of the expense report to the submitter).
• Escalation to the Customer’s administrator of the Receipt Audit service any disputed expense reports that are returned to the submitter but that cannot be corrected satisfactorily by the submitter.
• Auditor review commentary is provided within the core Expense application and is available in all tier 1 languages supported by the core Expense service. • First-level support is available in English language (only) to each Customer’s end users by email (via an SAP Concur email alias) between each Customer’s end users and Audit support services for issue identification and resolution. An “issue” is any inquiry to Audit support services regarding an Audit question or actual or suspected error or concern for troubleshooting and resolution. • SAP Concur’s Support Schedule for the Services described in this guide for the Customer’s Authorized Administrators in support of Audit services. • The Service applies machine learning technology to data and information, including Customer Data, for the purpose of continuously improving its reliability and efficacy in reviewing receipts and expenses, extracting, classifying and matching information used in the Service and identifying anomalies.

7.3.2 AUDIT 48 HOUR SLA FOR RECEIPT AUDIT
Audit 48 Hour SLA for Receipt Audit is an extended service that can be ordered in connection with the Receipt Audit extended service for an additional fee.
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 The Audit 48 Hour SLA for Receipt Audit extended service applies the following service level agreement to expense reports (in the English language only) that are audited under the Receipt Audit extended service.

7.3.2.1 Service -level commitments for Audit 48 Hour SLA for Receipt Audit

7.3.2.1.1 Definitions
For purposes of the Audit 48 Hour SLA for Receipt Audit extended service, the following terms have the meanings specified below:
• “Actual Daily Transactions” means the actual number of Receipt Audit Transactions submitted into the Service by the Customer on any given day.
• “Audit Completion Time” means, for all expense reports selected for Receipt Audit, the time it takes for SAP Concur to perform a Receipt Audit commencing from the Audit Trigger Event, excluding Excused Downtime.
• “Audit Trigger Event” means either:
o The occurrence of manager approval of the expense report as reflected by the Service (if audits are to be performed after manager approval as configured during the setup process), or o The occurrence of employee expense report submission as reflected by the Service (if audits are to be perform after employee expense submission, as configured during the setup process). • “Average Daily Transactions” means the average number of Receipt Audit Transactions submitted into the Service by the Customer on average per day over the previous thirty (30) days. • “Billing Cycle” means the billing frequency specified in the applicable ordering document. • “Business Hours” means the 120-hour period that begins at 00:00:01 Monday until 23:59:59 Friday, US Pacific time, excluding SAP Concur holidays (which, for the purpose of the Audit 48 Hour SLA for Receipt Audit extended service, means Christmas, New Year, and Easter holidays observed in US Pacific time).
• “Excused Downtime” has the same meaning as “Excluded Downtime” as included in the Service Level Agreement for SAP Cloud Services.
• “Random Audit Target Selection Percentage” means the number of Base Transactions for Receipt Audit for a given Billing Cycle divided by the number of Base Transactions for the Expense or Travel & Expense service type for the same Billing Cycle.

7.3.2.1.2 Service performance for Receipt Audit
Beginning with the first Billing Cycle for Receipt Audit and subject to the conditions in the Customer’s ordering document with respect to Receipt Audit and the Customer’s compliance with its obligations in the Agreement in connection with Receipt Audit, SAP Concur will achieve an Audit Completion Time of no more than 48 Business Hours, after the Audit Trigger Event for 95% of total Receipt Audit Transactions completed in each calendar month (“Audit SLA”). SAP Concur will undertake commercially reasonable efforts to monitor and track its compliance with the Audit SLA.

The Customer’s exclusive remedy and SAP Concur’s entire liability for failure to achieve the Audit SLA is as follows:
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 • Upon the Customer’s written request, SAP Concur does one or more of the following:
o Promptly investigates the root cause(s) of the failure and delivers to the Customer notification identifying such root cause(s)
o Uses its commercially reasonable efforts to correct the problem and to begin meeting such Audit SLA as soon as practicable
o Advises the Customer of the status of such corrective efforts • If SAP Concur fails to meet the Audit SLA in any two months in a twelve-consecutive-month period, then the Customer has the right to terminate the Receipt Audit and Audit 48 Hour SLA for Receipt Audit extended services by delivery of a written notice of service termination to SAP Concur received within 30 days of the failure to meet the Audit SLA. Such service termination is not to be construed as termination of the Agreement or otherwise affect in any way the order for any other SAP Concur service.

7.3.2.1.3 Exclusions to the Audit service-level agreement If any one of the following conditions exist during a given Billing Cycle, the Customer is not entitled to the exclusive remedy above, regardless of SAP Concur’s failure to achieve the Audit SLA:
• The Customer increases its Random Audit Target Selection Percentage during any given Billing Cycle. • Material changes by the Customer to the “customized audit policies” as configured in the Service that, in SAP Concur’s reasonable opinion, result in significant increases in net volume of Transactions for Receipt Audit or result in a material impact on SAP Concur’s provision of Receipt Audit. • The Actual Daily Transactions exceeds the Average Daily Transactions by more than 200%.

7.3.3 POLICY AUDIT
Policy Audit reviews selected expense reports to determine compliance with the Customer’s audit policy as configured in the Service. It consists of the following:
• All the services described above that apply to Receipt Audit. • Policy Audit extended service is configured in conjunction with the Customer's travel and expense policy or reasonably suggested practices acceptable to SAP Concur. The Customer’s expense reports are audited in accordance with a comprehensive set of audit checks provided by SAP Concur as part of the Policy Audit extended service.
• For the Customer, with regards to their purchases:
o Subject to the Customer’s configuration of the SAP Concur Service:
 For the United Kingdom and Australia (subject to the Customer’s configuration of the SAP Concur Service): Verify that a receipt is a valid VAT receipt based on the tax criteria applied by the Policy Audit extended service and where the supporting receipt shows a VAT amount.  For the United Kingdom, Germany, France, New Zealand, Australia, or India (subject to the Customer’s configuration of the SAP Concur Service): Verify that a receipt is a valid VAT receipt based on the tax criteria applied by the Policy Audit extended service or reasonable tax receipt criteria provided by the Customer. SAP Concur will review the Customer criteria and confirm its acceptance of such criteria during the service onboarding, including which elements can be supported within the service and where the supporting receipt shows a VAT amount.
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 o The service verifies that the VAT amount recorded for a transaction is the actual amount visible on the receipt, provided that the individual transaction amount can be clearly identified to the VAT amount shown on the receipt.
• The Service applies machine learning technology to data and information, including Customer Data, for the purpose of continuously improving its reliability and efficacy in reviewing receipts and expenses, extracting, classifying and matching information used in the Service and identifying anomalies.

7.3.3.1 Policy Audit and Concur Detect by AppZen
When the Customer also purchases the Concur Detect by AppZen extended service and elects to apply a percentage (%) of its Policy Audit Base Transaction Volume (which must be at least 30% of the Customer’s Expense Service Base Transaction volume) to follow up on certain risks identified by the Concur Detect extended service, the following applies:
• Policy Audit investigates Expense report escalations flagged as “High Risk” in the Concur Detect extended service, instead of conducting a traditional Policy Audit of expense reports as described above.

For Policy Audit reviews occurring as a result of an expense report identified as “High Risk” in the Concur Detect extended service, as defined by the Customer’s configuration of Concur Detect, the Policy Audit review researches, assesses, and follows up on the risk identified by Concur Detect as set forth below:
• It reviews each “High Risk” escalation.
• It conducts a follow-up investigation to validate the accuracy of the risk identified. • It returns the applicable expense report to the Customer user or approve the expense report.

7.3.4 AUDIT 48 HOUR SLA FOR POLICY AUDIT
Audit 48 Hour SLA for Policy Audit is an extended service that can be ordered in connection with the Policy Audit extended service for an additional fee.

The Audit 48 Hour SLA for Policy Audit extended service applies the following service-level agreement to expense reports (in the English language only) that are audited under the Policy Audit extended service.

7.3.4.1 Service -level commitments for Audit 48 Hour SLA for Policy Audit

7.3.4.1.1 Definitions
For purposes of the Audit 48 Hour SLA for Policy Audit extended service, the following terms have the meanings specified below:
• “Actual Daily Transactions” means the actual number of Policy Audit Transactions submitted into the Service by the Customer on any given day.
• “Audit Completion Time” means, for all expense reports selected for Policy Audit, the time it takes for SAP Concur to perform a Policy Audit commencing from the Audit Trigger Event, excluding Excused Downtime.
• “Audit Trigger Event” means the occurrence of either:
o Manager approval of the expense report as reflected by the Service (if audits are to be performed after manager approval as configured during the setup process) 79 SAP Concur – Service Description Guide

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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 o Employee expense report submission as reflected by the Service (if audits are to be performed after employee expense submission as configured during the setup process) • “Average Daily Transactions” means the average number of Policy Audit Transactions submitted into the Service by the Customer on average per day over the previous 30 days. • “Billing Cycle” means the billing frequency specified in the applicable ordering document. • “Business Hours” means the 120-hour period that begins at 00:00:01 Monday until 23:59:59 Friday, US Pacific time, excluding SAP Concur holidays (which, for the purpose of the Audit 48 Hour SLA for Policy Audit extended service, means Christmas, New Year, and Easter holidays observed in US Pacific time).
• “Excused Downtime” has the same meaning as “Excluded Downtime” as included in the Service Level Agreement for SAP Cloud Services.
• “Random Audit Target Selection Percentage” means the number of Base Transactions for Policy Audit for a given Billing Cycle divided by the number of Base Transactions for the Expense or Travel & Expense service type for the same Billing Cycle.

7.3.4.1.2 Service performance for Policy Audit
Beginning with the first Billing Cycle for Policy Audit and subject to the conditions in the Customer’s ordering document with respect to Policy Audit and the Customer’s compliance with its obligations in the Agreement in connection with Policy Audit, SAP Concur will achieve an Audit Completion Time of no more than 48 Business Hours, after the Audit Trigger Event for 95% of total Policy Audit Transactions completed in each calendar month (“Audit SLA”). SAP Concur will undertake commercially reasonable efforts to monitor and track its compliance with the Audit SLA. The Customer’s exclusive remedy and SAP Concur’s entire liability for failure to achieve the Audit SLA is as follows:
• Upon the Customer’s written request, SAP Concur does the following:
o Promptly investigates the root cause(s) of the failure and deliver to the Customer notification identifying such root cause(s)
o Uses its commercially reasonable efforts to correct the problem and to begin meeting such Audit SLA as soon as practicable
o Advises the Customer of the status of such corrective efforts • If SAP Concur fails to meet the Audit SLA in any two months in a twelve-consecutive-month period, then the Customer has the right to terminate the Policy Audit and Audit 48 Hour SLA for Policy Audit extended services by delivery of a written notice of service termination to SAP Concur received within 30 days of the failure to meet the Audit SLA. Such service termination must not be construed as termination of the Agreement or otherwise affect in any way the order for any other SAP Concur service.

7.3.4.1.3 Exclusions to the Audit service-level agreement If any one of the following conditions exist during a given Billing Cycle, the Customer is not entitled to the exclusive remedy above regardless of SAP Concur’s failure to achieve the Audit SLA:
• The Customer increases its Random Audit Target Selection Percentage during any given Billing Cycle. • Material changes by the Customer to the “customized audit policies” as configured in the Service that, in SAP Concur’s reasonable opinion, result in significant increases in net volume of Transactions for Policy Audit or result in a material impact on SAP Concur’s provision of Policy Audit. 80 SAP Concur – Service Description Guide

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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 • The Actual Daily Transactions exceeds the Average Daily Transactions by more than 200%.

7.3.5 AUDIT – ELITE
Audit – Elite is an extended service that can be ordered by Customers with fewer than 500 users in connection with the Policy Audit extended service for an additional fee.

Audit – Elite consists of the following:
• Access to an SAP Concur representative with audit configuration and audit service experience. The SAP Concur representative works with the Customer to perform the following activities:
o Host quarterly consultative sessions and cover the following:
 Recommendation of best-in-class audit rules and/or configurations to optimize the Customer’s travel and expense policy compliance
 Review and analysis of the audit service reports to identify trends, areas of concern, and ways to reduce resubmissions
 Review of monthly SAP Concur release no54tes and advice when new functionality can provide an opportunity for better policy compliance, or when it will impact the audit workbench or audit rule configuration
o Provide guidance and recommendations on how best to educate the Customer’s users on the expense report process.
o Suggest, as applicable, use of educational materials provided by SAP Concur that can address trends or areas of concern identified during a quarterly consultative session. o Provide referrals, as applicable, to SAP Concur Training Services for training consultation as requested by the Customer.
o Review changes to the Customer’s travel and expense policy and update the Customer’s Policy Audit profile to align to those changes.
o Collect Customer feedback and recommendations for enhancements to existing SAP Concur audit service reports and for the creation of new audit service reports.

7.3.6 PAPER RECEIPT HANDLING
Paper Receipt Handling provides dedicated resources to convert hard-copy receipts into imaged receipts and append the imaged receipts (as a PDF attachment) to the appropriate expense report created in the Service.

Paper Receipt Handling consists of the following actions:
• The submitter (that is, a Customer user) sends hard-copy receipts to a designated post office box number that SAP Concur has established solely for receiving mail from a given Customer and its users and agents. For the hard-copy receipts pertaining to a given expense report delivered to such post office box number, the submitter must include the following:
o A standard size sheet of paper that includes Customer name, user’s name (name on the applicable expense report), and expense report identification number as provided by the Service o The complete and legible receipts for such expense report • SAP Concur logs the date and time of arrival of receipt packages. 81 SAP Concur – Service Description Guide

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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 • Once the above information is received, SAP Concur converts each hard-copy receipt to an imaged receipt and appends the imaged receipt (as a PDF attachment) to the appropriate expense report in the Service.
• Once the receipt imaging step is completed, SAP Concur validates that the imaged receipt(s) was appropriately associated with the appropriate expense report in the Service. • As requested by the Customer during implementation of the Paper Receipt Handling service, SAP Concur stores the paper receipts following imaging for an agreed period. After such agreed period or after termination or expiration of the Agreement, whichever is sooner (the “Storage Period”), SAP Concur disposes of all hard-copy receipts received from the Customer by one of the following options:
o Shredding them within three business days after the end of the Storage Period. o Packaging them in a single envelope or box, per country, and mailing them for final disposition to the attention of the Customer’s administrator at a single location specified during the implementation of the Paper Receipt Handling service, provided that Customer pays for all shipping and handling costs associated with each such shipment and provides SAP Concur with all relevant account numbers to enable the shipping agent to directly bill the Customer for each such shipment.
o Packaging them in a single envelope or box, per country, and shipping them for final disposition to the attention of the Customer’s administrator at multiple locations specified during the implementation of the Paper Receipt Handling service, provided that the Customer pays for all shipping and handling costs associated with each such shipment and provides SAP Concur with all relevant account numbers to enable the shipping agent to directly bill the Customer for each such shipment. All origination and return locations must be identified during the implementation of the Paper Receipt Handling service.

7.3.6.1 Paper Receipt Handling – Envelopes
Paper Receipt Handling – Envelopes provides dedicated resources to convert hard-copy receipts into online receipt images, which are associated to the appropriate expense report in the Service. Receipts are imaged and can be viewed by the claimant, authoriser, and other Audit functions as a PDF image, which is attached at the report header level. Paper Receipt Handling – Envelopes is available only to Customers who have already implemented the Paper Receipt Handling – Envelopes extended service and are based in the United Kingdom or have operations within the United Kingdom.

The Paper Receipt Handling – Envelopes service encompasses the following:
• SAP Concur, on the Customer’s written request, provides approximately a six-month supply of standard envelopes for the number of Paper Receipt Handling Envelope transactions ordered under the Agreement to the Customer’s designated contact (that is, one envelope per Paper Receipt Handling Envelope transaction ordered under the Agreement for the six-month period). Additional envelopes may be requested for an additional fee.
• Following receipted claim within an expense report in Concur Expense, the submitter (that is, a Customer user) must print off the Receipt Imaging report on A4 paper and include this, along with the all hard-copy receipts, into the standard pre-addressed envelope. • The submitter must complete all the information on the back of the standard envelope and send the envelope to the SAP Concur European Audit Center.
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 • Upon receipt of the envelope, SAP Concur records incoming mail and convert each hard-copy receipt into an imaged receipt. SAP Concur appends the imaged receipt (as a PDF attachment), along with the Receipt Handling report onto the submitter’s expense report at report header level. • Once the receipt imaging step is completed, SAP Concur validates that the imaged receipt(s) was appropriately associated with the appropriate expense report in the Service. • SAP Concur stores all receipts received at a secure storage facility for a period of up to seven (7) years, at which point the Customer can request that the receipts be returned or destroyed. Receipt storage is at a storage facility in line with HMRC storage requirements. o During this time, the Customer can request to be sent up to five boxes of receipts up to a maximum of two times a year. SAP Concur reserves the right to charge the Customer for additional boxes requested by the Customer.
o SAP Concur reserves the right to charge the Customer additional fees for envelope overage or for noncompliant batches (that is, where a receipt cannot be processed). • SAP Concur securely disposes of all hard-copy receipts at the end of the storage period. If requested by the Customer during implementation of the Paper Receipt Handling service, SAP Concur returns all receipts to a designated contact by packing them in a single envelope or box, per country (up to a maximum of three locations), and shipping them for final disposition to the attention of the Customer’s administrator at multiple locations specified during the implementation of the Paper Receipt Handling service, provided that Customer pays for all shipping and handling costs associated with each such shipment and provides SAP Concur with all relevant account numbers to enable the shipping agent to directly bill the Customer for each such shipment. All origination and return locations must be identified during the implementation of the Paper Receipt Handling service.

7.3.6.2 Paper Receipt Handling – Pre-Paid Envelopes
Paper Receipt Handling – Pre-Paid Envelopes is available only to Customers who have already implemented the Paper Receipt Handling – Pre-Paid Envelopes extended service.

Paper Receipt Handling – Pre-Paid Envelopes consists of the following:
• All the services described above that apply to Paper Receipt Handling – Envelopes described above. • The envelopes provided are pre-addressed envelopes that include second class, prepaid postage limited to mail classified as domestic mail within the United Kingdom.

7.3.6.3 Paper Receipt Handling – International Envelopes Paper Receipt Handling – International Envelopes is available only to Customers who have already implemented the Paper Receipt Handling – International Envelopes extended service.

Paper Receipt Handling – International Envelopes consists of the following:
• All the services described above that are applicable to Paper Receipt Handling – Envelopes described above.
• The envelopes provided are pre-addressed envelopes that include second class, pre-paid standard international airmail postage.

7.3.7 INTELLIGENT AUDIT, ESSENTIAL EDITION
Intelligent Audit, essential edition is an extended service that can be ordered by the Customer for use with the Expense or Travel & Expense Service type(s) for an additional fee. The Service provides receipt 83 SAP Concur – Service Description Guide

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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 audit services against selected expense reports, including review of receipts for expense type validation, receipt substantiation, and supporting documentation for case expenses. The Service also provides policy audit services to determine compliance of selected expense reports with the Customer’s audit policy, as configured in the Service. As part of the Service, the Customer has access to a one or more consultants for the Service to provide a first point of contact for support cases, configuration and administrative requests, and best practice guidance.

The Service is subject to the following additional terms:
• Custom compliance checks are not supported
• Reporting functionality depends on the Customer’s configuration • Audit support is provided in English only
• Policy audit functionality must be configured in conjunction with the Customer’s travel and expense policy and SAP Concur’s identified reasonable best practices • The Service applies machine learning technology to data and information, including Customer Data, for the purpose of continuously improving its reliability and efficacy in reviewing receipts and expenses, extracting, classifying and matching information used in the Service and identifying anomalies.

7.3.8 INTELLIGENT AUDIT, ADVANCED EDITION
Intelligent Audit, advanced edition is an extended service that can be ordered by the Customer for use with the Expense or Travel & Expense Service type(s) for an additional fee. The Service provides receipt audit services against selected expense reports, including review of receipts for expense type validation, receipt substantiation, and supporting documentation for case expenses. The Service also provides policy audit services to determine compliance of selected expense reports with the Customer’s audit policy, as configured in the Service. As part of the Service, the Customer has access to a designated consultant for the Service to provide a first point of contact for support cases, configuration and administrative requests, and best practice guidance. The Service may be configured for available custom compliance checks.

The Service is subject to the following additional terms:
• Reporting functionality depends on the Customer’s configuration • Audit support is provided in English only
• Policy audit functionality must be configured in conjunction with the Customer’s travel and expense policy and SAP Concur’s identified reasonable best practices • Subject to the Customer’s configuration of the SAP Concur Service, the determination of the validity of a VAT receipt for expenditures may include Customer criteria provided by the Customer and acceptable to SAP Concur during the onboarding and configuration process • The Service applies machine learning technology to data and information, including Customer Data, for the purpose of continuously improving its reliability and efficacy in reviewing receipts and expenses, extracting, classifying and matching information used in the Service and identifying anomalies.

7.3.9 INTELLIGENT AUDIT EXPEDITED SERVICE ADD-ON
Intelligent Audit expedited service is an add-on service that can be ordered in connection with either Intelligent Audit, essential edition or Intelligent Audit, advanced edition, extended service and applies 84 SAP Concur – Service Description Guide

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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 the following service-level agreement to expense reports (in the English language only) that are audited under the Intelligent Audit, essential edition, or Intelligent Audit, advanced edition, extended service.

For purposes of the Intelligent Audit expedited service, the following terms have the meanings specified below:
• “Actual Daily Transactions” means the actual number of Audit Transactions submitted into the Service by the Customer on any given day.
• “Audit Completion Time” means, for all expense reports selected for Intelligent Audit, the time it takes for SAP Concur to perform a receipt or policy audit, as applicable, commencing from the Audit Trigger Event, excluding Excused Downtime.
• “Audit Transactions” means the number of receipt and policy audit Transactions for Intelligent Audit for the applicable time period.
• “Audit Trigger Event” means either:
• The occurrence of manager approval of the expense report as reflected by the Service (if audits are to be performed after manager approval as configured during the setup process), or • The occurrence of employee expense report submission as reflected by the Service (if audits are to be performed after employee expense submission as configured during the setup process). • “Average Daily Transactions” means the average number of Audit Transactions submitted into the Service by the Customer on average per day over the previous thirty (30) days. • “Billing Cycle” means the billing frequency specified in the applicable ordering document. • “Business Hours” means the 120-hour period that begins at 00:00:01 Monday until 23:59:59 Friday, US Pacific time, excluding SAP Concur holidays (which, for the purpose of the Audit 48 Hour SLA for Intelligent Audit extended service, mean Christmas, New Year, and Easter holidays observed in US Pacific time).
• “Excused Downtime” has the same meaning as “Excluded Downtime” as included in the Service- Level Agreement for SAP Cloud Services.
• “Random Audit Target Selection Percentage” means the number of Base Transactions for Intelligent Audit for a given Billing Cycle divided by the number of Base Transactions for the Expense or Travel & Expense service type for the same Billing Cycle.

Commencing with the first Billing Cycle for Intelligent Audit and subject to the conditions in the Customer’s ordering document with respect to Intelligent Audit and the Customer’s compliance with its obligations in the Agreement in connection with Intelligent Audit, SAP Concur will achieve an Audit Completion Time of no more than 48 Business Hours, after the Audit Trigger Event for 95% of total Audit Transactions completed in each calendar month (“Audit SLA”). SAP Concur will undertake commercially reasonable efforts to monitor and track its compliance with the Audit SLA.

The Customer’s exclusive remedy and SAP Concur’s entire liability for failure to achieve the Audit SLA is as follows: Upon the Customer’s written request, SAP Concur will promptly investigate the root cause(s) of the failure and delivers to the Customer notification identifying such root cause(s), use its commercially reasonable efforts to correct the problem and to begin meeting such Audit SLA as soon as practicable, and advise the Customer of the status of such corrective efforts. If SAP Concur fails to meet the Audit SLA in any two (2) months in a twelve-consecutive-month period, then the Customer has the right to terminate the Intelligent Audit and expedited service for Intelligent Audit extended services by delivery of a written notice of service termination to SAP Concur received within 30 days of the failure to 85 SAP Concur – Service Description Guide

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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 meet the Audit SLA. Such service termination must not be construed as termination of the Agreement or otherwise affect in any way the order for any other SAP Concur service.

If any one of the following conditions exist during a given Billing Cycle, the Customer is not entitled to the exclusive remedy above, regardless of SAP Concur’s failure to achieve the Audit SLA: the Customer increases its Random Audit Target Selection Percentage during any given Billing Cycle, material changes by the Customer to the “customized audit policies” as configured in the Service result, in SAP Concur’s reasonable opinion, in significant increases in net volume of Transactions for Intelligent Audit or in a material impact on SAP Concur’s provision of Intelligent Audit, or the Actual Daily Transactions exceed the Average Daily Transactions by more than 200%.

7.3.10 VERIFY
Verify is an extended service that can be ordered by the Customer for use with the Expense or Travel & Expense service type(s) for an additional fee. Verify provides customer-managed receipts validation, expense policy compliance and anomaly detection. Verify is subject to the following additional terms:
• Header level receipts and custom questions are not supported. • The Service applies machine learning technology to data and information, including Customer Data, for the purpose of continuously improving its reliability and efficacy in reviewing receipts and expenses, extracting, classifying and matching information used in the Service and identifying anomalies.

Guaranteed Compliance Service
The Guaranteed Compliance Service is an extended service that can be ordered under the Travel & Expense or Expense service type(s) for an additional fee. The Guaranteed Compliance Service must be ordered simultaneously with the initial order of the Travel & Expense or Expense service type(s) and requires an SAP Concur-defined Tax configuration. The Customer cannot modify such configuration. The Guaranteed Compliance Service applies to the Supported Tax for a single Jurisdiction. When made available by SAP Concur, additional Jurisdictions can be added for an additional fee. The Guaranteed Compliance Service is composed of the following:
• SAP Concur provides the Customer, as a part of the expense report submission process, a pre- determined set of expense types designed and configured by SAP Concur for the Jurisdiction listed on the “Supported Tax” definition, below.
• SAP Concur updates the Tax rates for this extended service to reflect applicable Tax changes enacted by the Tax authority for the Jurisdiction.
• SAP Concur provides a Compliance Audit (as set forth below) for each Claim. • SAP Concur provides the Guarantee (as set forth below) for applicable qualifying Claims.

7.4.1 COMPLIANCE AUDIT
The Guaranteed Compliance Service includes a Compliance Audit of all Claims to ensure that the Supporting Documentation related to the Claims provided by the Customer constitutes a valid Tax receipt or invoice for Tax recovery purposes for the applicable-supported Jurisdiction. The Claimant must ensure that appropriate Supporting Documentation is associated with the correct Claim.

The Compliance Audit consists of the following:
• SAP Concur verifies that the Supporting Documentation matches the expenses listed in the Claim. 86 SAP Concur – Service Description Guide

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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 • SAP Concur verifies that the Supporting Documentation complies with the applicable Tax rules and guidelines. Scanned images, unless stated on the image as a photocopy, will be treated as original invoices.
• SAP Concur reviews the Supporting Documentation to ensure that the data contained therein matches the Claim data entered by the Claimant for the following items:
o Date
o Expense Type
o Country of Purchase
o Claim Value
o Tax Number
o Receipt Status
o Currency
o Supplier details
o Customer details, when required
o Tax Amount
o Any other items that may be required or applicable in accordance with changes to the Tax, as determined by SAP Concur for applicable Tax changes enacted by the applicable Tax authority • SAP Concur rejects a Claim and returns it to Claimant for review and correction if Supporting Documentation for the Claim does not substantiate the Claim. • During the Compliance Audit, if SAP Concur determines that:
o A Claim is incorrect based on the Supporting Documentation, SAP Concur amends the Claim in accordance with the Supporting Documentation, or
o The type of status on the Claim is incorrect, SAP Concur corrects the status. In this case, for example, if the Claimant has selected “receipt” and SAP Concur identifies it as a “tax receipt,” SAP Concur amends the Claim to correct the incorrect reference. • During the Compliance Audit, if SAP Concur determines that the Tax amount calculated by the Service is not substantiated by the Claim and accompanying Supporting Documentation, SAP Concur adjusts the Tax amount to reflect the correct amount supported by such Claim and Supporting Documentation. For example, in the case of a Claim for a £12 meal expense, the Service auto- calculates the taxable amount as £2 (that is, 20% of £10 being the amount net of Tax). However, if the individual breakdown on that receipt contained items for £6 that were subject to Tax and £6 that was not subject to Tax, SAP Concur changes the taxable amount reported from £2 to £1 (that is, 20% of £5 being the net amount that was subject to Tax).

7.4.1.1 Guarantee
SAP Concur provides the following Guarantee for applicable qualifying Claims:
• SAP Concur guarantees that the calculated Tax reflected in the report from the Service for a Claim is calculated correctly in accordance with the Claim data and the Supporting Documentation. If the Customer incurs any fine or penalty as a result of the incorrect calculation, SAP Concur indemnifies the Customer for the cost of the fine or penalty applied by the applicable Tax authority, subject to the requirements of this Guaranteed Compliance Service section. The Customer must give SAP Concur notice of such fine or penalty within thirty (30) days after an assessment of such fine or 87 SAP Concur – Service Description Guide

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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 penalty for SAP Concur to indemnify the Customer for such fine or penalty. In any case, the Customer is responsible for paying the Tax fine or penalty and any overclaimed Tax amounts due to the applicable Tax authority.
• The Guarantee does not apply if the Customer or any person on behalf of the Customer does any of the following:
o Modifies any Service-setting related to Tax rates and/or makes any Tax-related changes to Claims submitted in the Compliance Audit process
o Modifies any SAP Concur-defined expense types
o Submits any Claim using other than the SAP Concur-defined expense types • Notwithstanding anything to the contrary, to the maximum extent permitted by law, SAP Concur’s total liability under the Agreement with respect to any fine or penalty for which SAP Concur is responsible to indemnify the Customer pursuant to the Guarantee is limited to general money damages and can in no event exceed an amount equal to three times the aggregate of all fees actually paid or owing by the Customer to SAP Concur for the Guaranteed Compliance Service during the twelve-month period preceding the time that the fine or penalty arose (but not less than the amount of Recurring Fees for such extended service due during the first year after the Effective Date of the order of such extended service).

7.4.1.2 Definitions
For purposes of the Guaranteed Compliance Service, the following terms have the meanings specified below:
• “Claim” means each expense report submitted through the Service by a Claimant. • “Claimant” means the Customer’s employee or user who has generated a Claim. • “Guarantee” means the Tax-accuracy guarantee described above. • “Jurisdiction” means the applicable country or region as set forth in the “Supported Tax” definition below, which is within the scope of the Guaranteed Compliance Service. • “Supported Tax” means the applicable tax for each jurisdiction. In the UK, this is the value-added tax (VAT).
• “Supporting Documentation” means receipts, invoices, and other supporting documentation provided in support of a Claim.
• “Tax” means the applicable tax for the Jurisdiction as set forth in the “Supported Tax” definition above, which is the subject of recovery by the Customer from the applicable taxing authority within the scope of the Guaranteed Compliance Service.

Expense Pay
Expense Pay is an extended service that can be ordered under the Travel & Expense and Expense service types for an additional fee. Expense Pay provides the ability to generate Payments for out-of-pocket expenses to the Customer’s users and supported corporate card providers. The Expense Pay service includes the following extended services, which can be ordered individually. 88 SAP Concur – Service Description Guide

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7.5.1 EXPENSE PAY GLOBAL
The Expense Pay Global extended service consists of the SAP Concur processes to reimburse the Customer’s expense report filers, and/or schedule payment to the Customer’s corporate card providers for corporate card charges and fees, as further set forth below.

Currencies supported are limited to EUR (SEPA countries), USD, CAD, and GBP . Countries supported for Payments depend on Customer’s Payment Processing Partner setup, Customer’s SAP Concur configuration and those available for selection within the service, as updated from time to time.

Payments will be funded and paid out within each country using that country’s currency (EUR SEPA countries grouped together).

7.5.1.1 SAP Concur ’s performance
SAP Concur is responsible for the following:
• Receiving each Payment Request from the Service.
• Sending each Payment Request to the applicable Payment Processing Partner for execution provided the Payment Request is supported by the Expense Pay Global extended service and Customer has a valid Payment Processing Relationship with the applicable Payment Processing Partner.
• Any Payment made in error that is due to the fault of SAP Concur that is not remedied within 30 days after the date that SAP Concur is notified in writing of such error and that is not in accordance with a Payment Request or otherwise approved by the Customer or the applicable Payee (a “SAP Concur Error”). Such SAP Concur liability is contingent on upon Customer: (1) providing written notice of the SAP Concur Error within 30 days after the occurrence of such error, (2) making an appropriate assignment of claims to SAP Concur where SAP Concur so requests, and/or, (3) using its best efforts to fully cooperate with the requests of SAP Concur, the Payment Processing Partner, law enforcement, and banking authorities in connection with the recovery of an erroneous Payment.

Such SAP Concur liability is not subject to the limitation of liability on direct damages set forth in the Agreement between the Customer and SAP Concur.

Payments will be settled directly with Customer’s Payment Processing Partner, using payment method previously agreed to with Payment Processing Partner. Without limiting the foregoing, payments processed via Direct Debit are executed by the Payment Processing Partner following such Partner’s processes, including Direct Debit from the Customer Bank Account and the initiation of Credits to the specified Payee Bank Accounts that correspond with the Payment Request. Customer’s Payment Processing Partner is responsible for communicating directly with SAP Concur the status of Credits including those which the Payment Processing Partner is able to process and those that it is unable to process for any reason. SAP Concur is not responsible for services provided by Payment Processing Partner under the terms agreed to between Customer and such Payment Processing Partner. SAP Concur is likewise not responsible for any lack of availability or functionality caused by a Payment Processing Partner and has no obligation to develop additional functionality or integration capability with a Payment Processing Partner.

7.5.1.2 Customer’s performance
Customer is solely responsible for establishing and/or maintaining its own independent contract(s) with one or more Payment Processing Partners for the processing of Payments in connection with the Expense Pay Global extended service prior to any payment execution. SAP Concur is not responsible for 89 SAP Concur – Service Description Guide

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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 any terms between Customer and a Payment Processing Partner that are agreed to by Customer with Payment Processing Partner . Customer is responsible for the following:
• Each Payment Request is an authorization by Customer for SAP Concur to direct Payment Processing Partner to initiate, on the Customer’s behalf, Payments, including where Payments will be settled via Direct Debit. Such authorizations include initiating Direct Debits to the Customer Bank Account to fully fund Payment Requests in accordance with the Payment Schedule, and initiating Credits to the specified Payee Bank Accounts that correspond to a given Payment Request. • Setting up and validating any Settlement process(es) for Payment Requests that may be required by Customer’s Payment Processing Partner.
• Determining the Payment Schedule within the payment manager that it wants for Payments to Payees.
• Obtaining all necessary and appropriate authorizations from each Payee (a “Payee Authorization”) before the first Payment to the Payee Bank Account of such Payee, which Payee Authorization authorizes the initiation of Credits to such Payee Bank Account. • Examining all statement of accounts, notices, and other reports it receives relating to Payments and promptly notifying SAP Concur and the associated Payment Processing Partner in writing of any inaccuracies, discrepancies, unauthorized transactions, or improper entries. • At the request of SAP Concur or the Payment Processing Partner, using its best efforts to obtain and take all necessary steps to enforce agreement from each Payee that they promptly repay any funds paid to them in error through the Expense Pay Global extended service. • The actions and omissions of the Customer representatives and Payees in inputting bank account information into the Service, and ensuring the continued accuracy of such information. • Where Payments will be settled via Direct Debit, providing sufficient funds in the Customer Bank Account to timely and fully cover all Payment Requests in accordance with the Payment Schedule.

7.5.1.3 Additional terms
Additional terms are shown below.
• Each party agrees to:
o Comply with all applicable banking rules and regulations and all laws in connection with the Expense Pay Global extended service applicable to its respective performance of and responsibilities related to the Expense Pay Global extended service o Not engage in any fraudulent or criminal activities, including without limitation money- laundering activities or terrorist activities associated with the Expense Pay Global extended service.
o Take all appropriate and reasonably necessary steps to prevent use of their operations for any fraudulent or criminal activities.
• The Expense Pay Global extended service is available only for so long as SAP Concur determines that the Customer is creditworthy, and provided that the Customer completes all prerequisites for the Expense Pay Global extended service.

7.5.1.4 Definitions
For purposes of the Expense Pay Global extended service, the following terms have the meanings specified below:
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 • “Corporate Card Payee” means a third-party corporate card provider identified to SAP Concur by the Customer that SAP Concur has reasonably determined is eligible to receive Payments in the amount of credit-card charges and fees identified by the Service to be paid to such corporate card provider under the Expense Pay Global extended service. • “Credit(s)” means the applicable mechanism by which the Payment Processing Partner credits or transfers funds to Payee’s Bank Account, or the funds transferred using this mechanism, as applicable.
• “Customer Bank Account” means the Customer account at the Customer’s Bank designated by the Customer as the account to be debited by the Payment Processing Partner under the Expense Pay Global extended service, where Payments will be settled via Direct Debit. • “Customer’s Bank” means the financial institution identified to the Payment Processing Partner by the Customer as the financial institution at which the Customer maintains the Customer Bank Account.
• “Direct Debit(s)” means the applicable mechanism by which the Payment Processing Partner debits or requests funds from the Customer’s Bank Account to settle Payments, or the funds transferred using this mechanism, as applicable.
• “Expense Reimbursement Payee” means a user identified to SAP Concur by the Customer as eligible to receive Payments in the amount of reimbursable expenses identified by the Service to be paid to such Customer user under the Expense Pay Global extended service. • “Payee” means either an Expense Reimbursement Payee or a Corporate Card Payee. • “Payee Bank Account” means a Payee account at Payee’s Bank identified to SAP Concur by the Customer or such Payee as the account located in the Country of Service to be credited by the Payment Processing Partner under the Expense Pay Global extended service. • “Payee’s Bank” means the financial institution located in the Country of Service identified to SAP Concur by the Customer or a Payee as the financial institution at which such Payee maintains its Payee Bank Account.
• “Payment Processing Partner” means an entity identified by SAP Concur as capable of processing payments in connection with the Expense Pay Global extended service and engaged directly by the Customer for purposes of processing Payments on behalf of the Customer and its Payees. • “Payment Processing Partner Bank Account” means the bank account used by the Payment Processing Partner as a means to transfer funds between the Customer Bank Account and the Payee Bank Account.
• “Payment Request” means, for each transfer of funds from the Customer Bank Account, the amount of Payments identified by the Service to be paid to applicable Payees in accordance with the Payment Schedule.
• “Payment Schedule” means the schedule for making Payments, as follows:
o For Payments of reimbursable expenses to Expense Reimbursement Payees, the schedule is as designated by the Customer during the implementation of the Expense Pay Global extended service (that is, daily, weekly, semimonthly, or monthly) on an Expense Reimbursement Payee group basis, and
o For Payments of debit- or credit-card charges and fees to Corporate Card Payees, the schedule is as designated by the Customer during the implementation of the Expense Pay Global extended service (that is, daily, weekly, semimonthly, or monthly) on a Corporate Card Payee basis. 91 SAP Concur – Service Description Guide

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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 • “Payments” means, as applicable under the Expense Pay Global extended service, Direct Debits and Credits made in the process of transferring funds from the Customer Bank Account to the Payee Bank Account via the Payment Processing Partner Bank Account. • “Settlement(s)” means the process by which the Payment Processing Partner receives funds from the Customer’s Bank Account to settle Payments, or the funds transferred using this process or the funds transferred using this process, as applicable.

7.5.2 EXPENSE PAY, FLEX EDITION
The Expense Pay, flex edition extended service consists of the SAP Concur processes to: (1) reimburse the Customer’s expense report filers and/or (2) schedule Payment to the Customer’s corporate card providers for corporate card charges and fees, as further set forth below. Currencies supported are limited to EUR, SEK, DKK, CHF, GBP , USD, CAD, MXN, AUD, HKD, INR, NZD, SGD and JPY .

7.5.2.1 SAP Concur’s Performance
SAP Concur is responsible for the following:
• Receiving each Payment Request from the Service.
• Sending each Payment Request to the applicable Payment Processing Partner for execution provided the Payment Request is supported by the Expense Pay, flex edition extended service and Customer has a valid Payment Processing Relationship with the applicable Payment Processing Partner for the applicable currency.
• SAP Concur will be liable for any Payment made in error which is due to the fault of SAP Concur that is not remedied within 30 days after the date that SAP Concur is notified in writing of such error and that is not in accordance with a Payment Request or otherwise approved by Customer or the applicable Payee (a “SAP Concur Error”). Such SAP Concur liability is contingent upon: (1) Customer providing written notice of the SAP Concur Error within 30 days after the occurrence of such error, (2) Customer making an appropriate assignment of claims to SAP Concur where SAP Concur so requests, and/or (3) using its best efforts to fully cooperate with the requests of SAP Concur, the Payment Processing Partner, law enforcement, and banking authorities in connection with the recovery of an erroneous Payment. Such SAP Concur liability will not be subject to the limitation of liability on direct damages set forth in the Agreement between the Customer and SAP Concur.

Payments will be settled directly with Customer’s Payment Processing Partner, using payment method previously agreed to with Payment Processing Partner . Customer’s Payment Processing Partner is responsible for communicating directly with Customer the status of payments including those which the Payment Processing Partner is able to process and those that it is unable to process for any reason. SAP Concur is not responsible for services provided by Payment Processing Partner under the terms agreed to between Customer and such Payment Processing Partner . SAP Concur is likewise not responsible for any lack of availability or functionality caused by a Payment Processing Partner and has no obligation to develop additional functionality or integration capability with a Payment Processing Partner .

7.5.2.2 Customer’s Performance
Customer is solely responsible for establishing and/or maintaining its own independent contract(s) with one or more Payment Processing Partners for the processing of Payments in connection with the Expense Pay, flex edition extended service prior to any payment execution. SAP Concur is not responsible for any terms between Customer and a Payment Processing Partner that are agreed to by Customer with Payment Processing Partner . Customer is responsible for the following:
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 • Each Payment Request is an authorization by Customer for SAP Concur to direct the Payment Processing Partner to initiate, on Customer’s behalf, Payments, including (a) settlement of funds to fully fund Payment Requests in accordance with the Payment Schedule, and (b) initiating Credits to the specified Payee Bank Accounts that correspond to a given Payment Request. • Setting up and validating any Settlement process(es) for Payment Requests that may be required by Customer’s Payment Processing Partner.
• Determining the Customer’s required Payment Schedule within the payment manager for Payments to Payees.
• Obtaining all necessary and appropriate authorizations from each Payee (a “Payee Authorization”) prior to the first Payment to the Payee Bank Account of such Payee, which Payee Authorization authorizes the initiation of Credits to such Payee Bank Account. • Examining all statement of accounts, notices, and other reports it receives relating to Payments and promptly notifying SAP Concur and the associated Payment Processing Partner in writing of any inaccuracies, discrepancies, unauthorized transactions or improper entries. • At the request of SAP Concur or the Payment Processing Partner, using its best efforts to obtain and take all necessary steps to enforce agreement from each Payee that they shall promptly repay any funds paid to them in error through the Expense Pay, flex edition extended service. • The actions and omissions of Customer representatives and Payees in inputting bank account information into the Service and ensuring the continued accuracy of such information. • Providing sufficient funds to timely and fully cover Settlement of all Payment Requests in accordance with the Payment Schedule.

7.5.2.3 Additional Terms
Each party agree to: (1) comply with all applicable banking rules and regulations and all laws in connection with the Expense Pay, flex edition extended service applicable to its respective performance of and responsibilities related to the Expense Pay, flex edition extended service , (2) not engage in any fraudulent or criminal activities, including without limitation money-laundering activities or terrorist activities associated with the Expense Pay, flex edition extended service, and (3) take all appropriate and reasonably necessary steps to prevent use of their operations for any fraudulent or criminal activities.

The Expense Pay, flex edition extended service will be available only for so long as SAP Concur determines that Customer is creditworthy, and provided that Customer completes all prerequisites for the Expense Pay, flex edition extended service.

7.5.2.4 Definitions
For purposes of the Expense Pay, flex edition extended service, the following terms will have the meanings specified below:
• “Corporate Card Payee” means a third-party corporate card provider identified to SAP Concur by Customer that SAP Concur has reasonably determined is eligible to receive Payments in the amount of credit card charges and fees identified by the Service to be paid to such corporate card provider under the Expense Pay, flex edition extended service.
• “Credit(s)” means the applicable mechanism by which the Payment Processing Partner will credit or transfer funds to Payee’s Bank Account, or the funds transferred using this mechanism, as applicable.
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 • “Expense Reimbursement Payee” means a user identified to SAP Concur by Customer as eligible to receive Payments in the amount of reimbursable expenses identified by the Service to be paid to such Customer user under the Expense Pay, flex edition extended service. • “Payee” means either an Expense Reimbursement Payee or a Corporate Card Payee. • “Payee Bank Account” means a Payee account at Payee’s Bank identified to SAP Concur by Customer or such Payee as the account located in the Country of Service to be credited by the Payment Processing Partner under the Expense Pay, flex edition extended service. • “Payee’s Bank” means the financial institution located in the Country of Service identified to SAP Concur by Customer or a Payee as the financial institution at which such Payee maintains its Payee Bank Account.
• “Payment Processing Partner” means an entity identified by SAP Concur as capable of processing payments in connection with the Expense Pay, flex edition extended service and engaged directly by Customer for purposes of processing Payments on behalf of Customer and its Payees. • “Payment Processing Partner Bank Account” means the bank account used by the Payment Processing Partner as a means to transfer funds between the Customer Bank Account and the Payee Bank Account.
• “Payments” means, as applicable under the Expense Pay, flex edition extended service, Funding Settlements and Credits made in the process of transferring funds from the Customer Bank Account to the Payee Bank Account via the Payment Processing Partner Bank Account. • “Payment Request” means, for each transfer of funds from the Customer Bank Account, the amount of Payments identified by the Service to be paid to applicable Payees in accordance with the Payment Schedule.
• “Payment Schedule” means the schedule for making Payments, as follows: (1) for Payments of reimbursable expenses to Expense Reimbursement Payees, the schedule will be as designated by Customer during the implementation of the Expense Pay, flex edition extended service (i.e., daily, weekly, semi-monthly, or monthly) on an Expense Reimbursement Payee group basis; and (2) for Payments of debit or credit card charges and fees to Corporate Card Payees, the schedule will be as designated by Customer during the implementation of the Expense Pay, flex edition extended service (i.e., daily, weekly, semi-monthly, or monthly) on a Corporate Card Payee basis. • “Settlement(s)” means the applicable mechanism by which the Customer and Payment Processing Partner have agreed that Payee Credits will be funded and by which the Payment Processing Partner receives funds from the Customer’s Bank Account to settle Payments, or the funds transferred using this process, as applicable.

Budget Insight
Budget Insight is available subject to the Customer’s configuration of the SAP Concur Service.

Budget Insight is an extended service that can be ordered under the Travel & Expense, Expense, or Concur Request – Stand-Alone service type(s) for an additional fee. When activated, additional budgeting capabilities are made available to the Customer through the Service.

Budget Insight has the following abilities:
• Inputting the Customer’s planned budget data by period and track it against actual budget usage through Service for that period
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 • Establishing a budget approval workflow process for Concur Requests and expense reports (as applicable)
• Viewing the Customer’s budget information within the approval workflow process and in reports and dashboards
User Support Desk
User Support Desk is an extended service that can be ordered under the Travel & Expense, Expense, Invoice Processing, and/or Request service types for an additional fee per service type.

User Support Desk consists of the following:
• Performing the following first-level support service by telephone (via a toll-free telephone number) or live chat or case submittal via the SAP Concur Support Portal for the Customer’s end users:
o Answer user questions regarding the operation and function of the Customer’s configuration of the Service.
o Answer user questions regarding the Customer’s specific configuration of the Service in accordance with predefined parameters established during the implementation of the User Support Desk service, and promptly escalate questions outside of such predefined parameters to the Customer’s service administrator. The Customer’s service administrator then communicates the response required to the applicable end user. o Escalate issues reported by users regarding an actual or suspected error or problem with the Service within SAP Concur for incident identification, troubleshooting, and resolution. • Providing the first-level support service described above, as follows:
o 24 hours per day, seven days per week, including SAP Concur holidays in the English language, for Travel & Expense, Expense, and Invoice Processing.
o Support in Europe: 08:00 through 17:00 GMT Monday through Friday, excluding SAP Concur holidays, in German, French, Italian, and Spanish only for Travel & Expense or Expense Customers.
o Support in North and South America: 06:00 through 14:00 PT Monday through Friday, excluding SAP Concur holidays, in French, Brazilian Portuguese, and Spanish only for Travel & Expense or Expense Customers.
o Support in Asia: 09:00 through 18:00 China Standard Time Monday through Friday, excluding SAP Concur holidays, in Mandarin and Japanese for Travel & Expense or Expense Customers. o Language support for User Support Desk for Invoice Processing is provided in English only, 07:00 through 16:00 Pacific Time Monday through Friday.
• Providing access to an SAP Concur Knowledge Base, where Customers can find answers to common questions.
• Providing access to a service report that can be generated by the Customer in the SAP Concur Support Portal, which may include:
o Email address
o Case number
o Topic
o Subject
o Status
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o Date of last comment
o Date closed
Expertise and Care Services
Expertise and Care services are extended services identified below that can be ordered under the Travel & Expense, Expense, Travel, Invoice Processing, and/or Request service types (as further set forth below) for an additional fee.

7.8.1 CONCUR ESSENTIAL CARE
Concur Essential Care consists of the following:
• Access to one or more consultants who work with the primary Customer contact to provide the following:
o First point of contact for all support cases and configuration requests o Assistance with administrative requests
o Review of monthly release notes and providing configuration best practices and strategies to meet business objectives
• Access to a consultant is provided via the SAP Concur Support Portal (preferred), telephone, or email during normal business hours.
• Support is provided primarily in English. Spanish, French, and German support is available in limited markets and regions (provided that support tasks routed to other teams within SAP Concur can be worked in English). Subject to the Customer’s configuration of the SAP Concur Service, support is available in Japanese and Mandarin.

By ordering the Concur Essential Care extended service, the Customer authorizes SAP Concur to do the following:
• Initiate, on the Customer’s behalf, changes to the configuration of the Customer’s Service • Liaise, on the Customer’s behalf, if applicable, with its designated Travel Management Company in response to service requests made by the Customer

7.8.2 SERVICE ADMINISTRATION – ELITE
Service Administration – Elite is an extended service that can be ordered in connection with the Concur Essential Care extended service under the Travel & Expense, Expense, or Travel service type. Service Administration – Elite includes the services described above that apply to Concur Essential Care along with the following:
• An annual review of the Customer’s Travel and/or Expense configurations. The consultant and the Customer develop an agreed-on agenda for such review focusing on aspects of the configuration of interest to the Customer. This review can include:
o Review of unused features that could benefit the Customer o Opportunities to more effectively enforce the Customer’s travel and expense policies in the SAP Concur Service
o Discussion of the Customer’s goals around its travel and/or expense activities and how SAP Concur can help to meet these goals
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 • Facilitate up to four monthly status calls with the Customer contacts representing multiple regions, business units, or subsidiaries, as applicable.
• Provide support for Customer’s deploying Concur Expense or Travel & Expense to new regions or conversions to a new TMC. The consultant participates in implementation calls to provide background and guidance, working in partnership with the SAP Concur implementation team and the Customer.
• Annual maintenance of existing Travel Allowance configurations for standard or custom configurations and rates.
• If the Custom Travel Allowance service is implemented, provide support and guidance in completing the Custom Travel Allowance worksheet required for maintenance of such service.

7.8.3 CONCUR ESSENTIAL CARE FOR HIGHER EDUCATION
Concur Essential Care for Higher Education is available subject to the Customer’s configuration of the SAP Concur Service.

Concur Essential Care for Higher Education is an extended service that can be ordered under the Travel & Expense, Expense, Travel, and/or Invoice Processing service types.

Concur Essential Care for Higher Education includes the following:
• Access to one or more consultants who work with the primary Customer contact to provide the following:
o First point of contact for all support cases and configuration requests o Assistance with administrative requests
• Access to the consultant is provided via the SAP Concur Support Portal, telephone, or email during normal business hours.
• Support in English only.
• An annual review of the Customer’s Service configurations. The consultant and the Customer develop an agreed-on agenda for such review focusing on aspects of the configuration of interest to the Customer. This review may include:
o Review of unused features that could benefit the Customer o Opportunities to more effectively enforce Customer’s travel and expense policies in the Service o Discussion of the Customer’s goals around its travel and/or expense activities and how SAP Concur can help meet these goals
• Collaboration with the Customer’s Travel Management Company when requested to support alignment between the Travel and/or Expense Service objectives.

By ordering the Concur Essential Care for Higher Education extended service, the Customer authorizes SAP Concur to do the following:
• Initiate, on the Customer’s behalf, changes to the configuration of the Customer’s Service • Liaise, on the Customer’s behalf, if applicable, with its designated Travel Management Company in response to service requests made by the Customer
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7.8.4 SERVICE ASSISTANT
Service Assistant is an extended service that can be ordered under the Travel & Expense, Expense, and/or Invoice Processing service types for an additional fee.

Service Assistant consists of the following:
• Access to one or more SAP Concur Service Assistant Coaches who work with the primary Customer contact to provide the following:
o Assistance with administrative requests
o Annual maintenance of the Customer’s existing Service configuration using SAP Concur standard configurations and rates (where available)
o Coaching sessions as requested
• Access to the Service Assistant Coach provided via the SAP Concur Support Portal, dedicated phone line, chat, or email during normal business hours.
• Support in English and Japanese.

By ordering the Service Assistant extended service, the Customer authorizes SAP Concur to do the following:
• Initiate, on the Customer’s behalf, changes to the configuration of the Customer’s Service • Liaise, on the Customer’s behalf, if applicable, with its designated Travel Management Company in response to service requests made by the Customer

7.8.5 CONCUR ADVANCED CARE
Concur Advanced Care is an extended service that can be ordered under the Travel & Expense, Expense, Travel, and/or Invoice Processing service types. Concur Advanced Care includes the following:
• Access to one or more SAP Concur Consultants to provide the following:
o Primary point of contact for all support cases and configuration requests. o Assistance with administrative requests.
o Training guidance for new SAP Concur Authorized Support Contacts • Support is provided primarily in English. Spanish, French, Japanese, German, and Mandarin support is available in limited markets and regions, provided that support tasks routed to other teams within SAP Concur may be worked in English.
• Access to the SAP Concur consultant is provided via the SAP Concur Support Portal, telephone, or email during normal business hours.
• Annual interactive workshop review of the Customer’s implemented service configurations. An SAP Concur Consultant will work with Customer on the scope of such review, which may include a review of unused features that could benefit Customer, opportunities to more effectively enforce Customer’s travel and expense policies in the Service, and discussion of how SAP Concur can help Customer meet its travel and expense goals.
• Collaboration with the Customer’s Travel Management Company when requested to support alignment between the Travel and/or Expense Service objectives. • Success plan scorecard measuring Key Performance Indicators. 98 SAP Concur – Service Description Guide

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• Perform, on the Customer’s behalf, changes to the configuration of the Customer’s Service, as agreed between SAP Concur and Customer .
• Liaise, on the Customer’s behalf, if applicable, with its designated Travel Management Company in response to service requests made by the Customer .

7.8.6 CONCUR SELECT CARE
Concur Select Care is an extended service that can be ordered under the Travel & Expense, Expense, Travel or Invoice service types. Concur Select Care includes the following:
• Access to a designated Select Care Manager to provide the following:
o Primary point of contact for all support cases and configuration requests. o Tailored support engagement plan driven by business priorities and key milestones. o Bi-annual roadmap presentation covering planned enhancements to the Concur portfolio.
o Access to a network of topic-specific technical and functional experts. Select Care Manager will schedule calls with appropriate expert, as needed. • Support is provided primarily in English. Spanish, French, Japanese, German and Mandarin support is available in limited markets and regions (provided that support tasks routed to other teams within SAP Concur may be worked in English).
• Preferential handling for support cases identified as (i) P2 (High), Initial Response within two (2) hours and Resolution Target (resolution, workaround or action plan) within three (3) business days; (ii) P3 (Medium), Initial Response within four (4) business hours; and (iii) P4 (Low), Initial Response within eight (8) business hours.
• Cross-functional review of new implementations and on-going implementation phases prior to launch of the deployment objective(s).
• Proactive monitoring of key scheduled jobs and interfaces. • Annual interactive workshop review of the Customer’s implemented service configurations. The Select Care Manager will work with Customer on the scope of such review, which may include a review of unused features that could benefit Customer, opportunities to more effectively enforce Customer’s travel and expense policies in the Service, and discussion of how SAP Concur can help Customer meet its travel and expense goals.
• Periodic adjustments to the system configuration for changes that do not require an implementation project.
• Collaboration with customer’s Travel Management Company (TMC) when requested to support alignment between the Travel and/or Expense Service objectives. • Success plan scorecard measuring Key Performance Indicators. • Prioritized communication for critical incident management and major outages.

By ordering the Concur Select Care extended service, the Customer authorizes SAP Concur to do the following:
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• Liaise, on the Customer’s behalf, if applicable, with its designated TMC in response to service requests made by the Customer .

7.8.7 PREMIUM ASSISTANT
Premium Assistant is an extended service that can be ordered under the Travel & Expense, Expense, and/or Invoice Processing service type(s). Premium Assistant includes the following:
• Access to one or more SAP Concur Consultants to provide the following: (a) first point of contact for all support cases and configuration requests, (b) assistance with administrative requests, (c) review of monthly release notes and providing configuration best practices and strategies to meet business objectives, and (d) regular monthly coaching sessions.
• Support is provided in English.
• Access to the SAP Concur consultant is provided via the SAP Concur Support Portal, telephone, or email during normal business hours.

By ordering the Premium Assistant extended service, the Customer authorizes SAP Concur to do the following:
• Perform, on the Customer’s behalf, changes to the configuration of the Customer’s Service, as agreed between SAP Concur and Customer.
• Liaise, on the Customer’s behalf, if applicable, with its designated Travel Management Company in response to service requests made by the Customer.

7.8.8 CONFIGURATION SERVICES
Configuration Services is an extended service that can be ordered under the Travel & Expense, Expense or Invoice Processing service types for an additional fee. Configuration Services is available only with the Professional Edition of the Service.

Additional terms are shown below:
• Work performed shall not exceed 60 hours within a contract year. Additional hours can be purchased separately.
• Available Configuration Services, as well as any required processes for completion of Services, are indicated in Documentation. Scope and timeframes depend on Customer requirements. Customer is responsible for providing necessary information as required by SAP Concur to provide the Services.

Customer is responsible for its own training and change management. • Access provided via the SAP Concur Support Portal, during normal business hours. Support is provided primarily in English. Spanish, French, German and Mandarin support is available in limited markets and regions, provided that configuration requests routed to other teams within SAP Concur can be worked in English.

SAP Concur is authorized, on Customer’s behalf, to perform changes to the configuration of the Customer’s Service, as agreed between SAP Concur and Customers, and, if applicable, to liaise with Customer’s designated travel management company in response to service requests made by the Customer .
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 ExpenseIt®
ExpenseIt is an extended service that can be ordered under the Travel & Expense and Expense service types for an additional fee. The ExpenseIt extended service is available only to Customers who have already purchased such service.

Each such extended service includes the following:
• The ability to take photos of receipts from a supported mobile device and send them to SAP Concur for further processing
• Automatic creation of an expense transaction through the SAP Concur Service that reads receipt information from receipt images received from authorized ExpenseIt users • Automatic matching of ExpenseIt -generated transactions with corporate card transactions and trips • Automatic itemizing of hotel folios received from authorized ExpenseIt users • The Service applies machine learning technology to data and information, including Customer Data, for the purpose of continuously improving its reliability and efficacy in reviewing receipts and extracting, classifying, and predicting values and information used in the Service.

TripLink
Concur TripLink is an extended service that can be ordered under the Travel & Expense, Expense, and Travel service types for an additional fee.

Concur TripLink includes the following:
• Ability to import itineraries from multiple sources
• Ability to mix agency and imported bookings into a single SAP Concur itinerary • Ability to manually manipulate consolidated itineraries in the Concur Travel Trip Library • Itinerary-based audit rules in Expense
• Concur TripLink business trip data available in Cognos • Ability to integrate itinerary data from select third-party booking tool providers of aggregated travel data.
• Integrated workflow capability with Concur Request for some aggregators • Ability for users to link their account to participating suppliers and authorize access to such user account to participating suppliers.
• Ability to capture, in the SAP Concur Service, the corporate booking travel data for travel booked through a participating supplier or aggregator.
• Ability to link an SAP Concur Service profile with a participating supplier loyalty account. • Ability to automatically access the Customer’s corporate discount when booking through a participating supplier.
• Ability to have travel itinerary details accessible via the SAP Concur Service and the SAP Concur mobile app. Itinerary details are also available via TripIt for those of the Customer’s users who have TripIt accounts and have connected that account with their SAP Concur account. 101
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7.10.1 ADDITIONAL TERMS
Additional terms are shown below:
• Integrated workflow capability with Concur Request is only available with select third-party booking tool providers of aggregated travel data and only for Customers that have purchased Concur Request.
• Integration capabilities with third-party booking tool providers of aggregated travel data require additional implementation services and are subject to additional fees. Customers are responsible for maintaining their own access rights with such third-party providers. • The ability to integrate with participating suppliers is not available for Customers located in China and Japan.

7.10.2 TRIPIT PRO
For Customers located in the United States, Canada, the United Kingdom, Belgium, the Netherlands, Luxembourg, Denmark, Finland, Iceland, Norway, Sweden, Germany, Switzerland, Austria, France, Spain, Australia, Singapore, Malaysia, Japan, and Hong Kong that are using the SAP Concur United States (North America) data center or EMEA data center and that purchased the Concur TripLink extended service, Customer users are eligible for a free subscription to TripIt Pro. • Activation of the free TripIt Pro subscription requires:
o The Customer users that do not already have a TripIt account to become TripIt users by creating a TripIt account and accepting the TripIt User Agreement o The TripIt user to link the user’s SAP Concur account to the user's TripIt account • A TripIt user’s free subscription to TripIt Pro continues for so long as the Customer has Concur TripLink and such user continues to be a Customer user. Afterward, the TripIt user can continue to use their TripIt account with their own paid TripIt Pro subscription or return to the basic free version of TripIt.

The Customer acknowledges that TripIt Pro is available only in the English, French, German, Japanese, and Spanish languages.

A subscription to TripIt Pro includes the following:
• Syncing of travel itineraries between SAP Concur and TripIt. • Real-time flight alerts sent to the TripIt user via email, push, or (if applicable) SMS notification (as designated by the user) of the following:
o Flight delays and cancellations
o Gate changes
o 24-hour check-in notification
o Four-hour confirmation before departure
o Connecting flight information with layover time, gates, and current flight status o Terminal and gate information
o Baggage claim information
o Go Now feature that tells the user when to leave for the airport 102
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 • Alternate flights search feature that allows TripIt users to view options for flights on the same and other airlines, including real-time seat availability. The TripIt user is responsible for contacting the airline or Travel Management Company to re-book the flight. • Point Tracker feature that allows the TripIt user to track TripIt-designated loyalty program account information, such as balances activity, and expiration dates. • Inner Circle feature that allows a TripIt user to designate other TripIt users for sharing and notification of travel plans, excluding trips designated as private by the TripIt user. (This feature is available only to users based in the U.S.)
• Seat Tracker feature that allows the TripIt user to set seat preferences for a specific flight and receive a notification when a preferred seat becomes available. • Monitoring of economy-class airfares for U.S. routes on TripIt-designated airlines after a ticket is purchased. For qualifying reductions, TripIt sends the TripIt user an email, push, or (if applicable) SMS notification (as designated by the user). The TripIt user is responsible for contacting the airline to request a refund or credit.
• Travel benefits provided by TripIt’s third-party travel partners, as available and subject to the terms and conditions of the applicable third-party travel partner.

Concur Request – Add-on
Concur Request – Add-on is available subject to the Customer’s configuration of the SAP Concur Service.

Concur Request – Add-on is an extended service that can be ordered under the Travel & Expense or Expense service type(s) for an additional fee.

The Concur Request – Add-on extended service consists of the following:
• Functionality that automates the preparation, routing, approval, and processing of Concur Requests under defined business policies and rules
• Ability to integrate with the Expense and the Travel & Expense service types to automate the creation of Concur Requests and expense reports.

Central Reconciliation
Central Reconciliation is available subject to the Customer’s configuration of the SAP Concur Service.

Central Reconciliation is an extended service that can be ordered under the Travel & Expense, Expense, or Concur Request – Standalone service type(s) for an additional fee.

The Central Reconciliation extended service consists of the following:
• Functionality that automates the centralized reconciliation of invoices generated by a company Lodge card. When purchased with Concur Request, invoices can be reconciled against pre-approved expenses included on a Concur Request.
• Ability to integrate with the Concur Request service to allocate of invoices based on the Employee ID and allocations in the Concur Request header.

Invoice Management
Invoice Management is an extended service that can be ordered under the Invoice Processing service type for an additional fee. The Invoice Management service offers the following extended services, which can be individually ordered.
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7.13.1 INVOICE CHECK PAYMENTS
Invoice Check Payments consists of the SAP Concur process of printing Checks on behalf of the Customer using the Customer’s identified bank account information for payment to a Customer’s supplier in connection with invoices processed by Invoice Management by issuance and mailing of a Check. Invoice Check Payment is available for check payment processing in the United States (in United States dollars only) and in Canada (in Canadian dollars only).

7.13.1.1 SAP Concur ’s performance
If Invoice Check Payment is implemented for the Customer, then SAP Concur agrees to be responsible for the following, after the Customer completes all prerequisites described below and the implementation is completed:
• Receiving each Invoice Payment Request from Invoice Processing. • Initiating, on the Customer’s behalf, the issuance and mailing of a Check to pay a given Invoice Check Payment Request, each in accordance with the Invoice Payment Schedule. • Confirming to the Customer all Invoice Check Payments that SAP Concur can process and notifying the Customer of all Invoice Check Payments that SAP Concur is unable to process or mail. • SAP Concur is liable for any Invoice Check Payment made due solely to an SAP Concur error that is not in accordance with an Invoice Check Payment Request or otherwise approved by the Customer.

Such SAP Concur liability is contingent on the Customer making an appropriate assignment of claims to SAP Concur and fully cooperating with SAP Concur, law enforcement, and banking authorities to assist in the recovery of an erroneous Invoice Check Payment. Such SAP Concur liability is not subject to the limitation of liability on direct damages set forth in the Agreement between the Customer and SAP Concur.
• Notwithstanding anything to the contrary, neither SAP Concur nor SAP Concur’s Bank is responsible for any damages arising from any decision to withhold or delay originating Check payments or effecting scheduled Invoice Check Payments:
o After reasonable efforts to verify such entries by the required security procedure have failed, or o Due to the Customer’s creditworthiness

7.13.1.2 Customer’s performance
If Invoice Check Payment is implemented for the Customer, then the Customer agrees to the following:
• The Customer hereby authorizes SAP Concur to issue, on the Customer’s behalf, a Check that corresponds to a given Invoice Check Payment Request.
• The Customer is responsible for the following:
o Providing the Customer Bank Account at Customer’s Bank for Invoice Check Payments o Specifying Payment Terms that determine the Invoice Payment Schedule for Invoice Check Payments to its Suppliers
o Providing information and images, such as company logo, company address, and digital signatures, necessary for SAP Concur to prepare a Check template o Providing written information in a form approved by SAP Concur for SAP Concur and SAP Concur’s Bank, as applicable, to perform Invoice Check Payments 104
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o Cooperating with SAP Concur, law enforcement, and banking authorities to assist in the recovery of funds erroneously included in any Invoice Payment issued to any Supplier or credited to any Supplier Bank Account in error

7.13.1.3 Additional terms
Additional terms are shown below.
• Both parties agree to:
o Not engage in any fraudulent or criminal activities, including without limitation money- laundering activities, associated with Invoice Check Payment o Take all appropriate and reasonably necessary steps to prevent use of their operations for any fraudulent or criminal activities.
• Invoice Check Payment is available only for so long as SAP Concur determines that Customer is creditworthy, and provided that Customer completes all prerequisites for Invoice Check Payment.

7.13.1.4 Definitions
For purposes of Invoice Check Payments, the following terms have the meanings specified below:
• “Check” means a written order instructing the Customer’s Bank to pay upon its presentation to the applicable Supplier, a certain sum of money from the Customer Bank Account. • “Customer Bank Account” means the Customer account at the Customer’s Bank identified to SAP Concur by the Customer as the account located in the United States to be debited (or credited in the event of a return or reversal) by SAP Concur under Invoice Check Payments. • “Customer’s Bank” means the financial institution located in the United States identified to SAP Concur by the Customer as the financial institution at which the Customer maintains the Customer Bank Account.
• “Invoice Payment Request” means, for each transfer of funds from the Customer Bank Account, the amount of Invoice Payments identified by the Customer to be paid to applicable Suppliers in accordance with the Invoice Payment Schedule.
• “Invoice Payment Schedule” means the daily schedule for making Invoice Check Payments on a Supplier group basis.
• “Invoice Payments” means the process of issuing and mailing a Check to a Supplier under Invoice Check Payments.
• “Overdraft” means either:
o The Customer’s failure to provide sufficient funds to fully cover any Invoice Check Payment Request on any given day, or
o The rejection or return, whether for insufficient funds or otherwise, of a Check drawn against the Customer Bank Account to fund an Invoice Check Payment Request 105
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 • “Supplier” means a supplier of the Customer identified to SAP Concur by the Customer as eligible to receive Invoice Payments in the amounts identified by Concur Invoice to be paid to such supplier under Invoice Check Payments.
• “Supplier Bank Account” means a Supplier account at Supplier’s Bank identified to SAP Concur by the Customer as the account located in the United States or Canada to be credited (or debited in the event of a return or reversal) by SAP Concur under Invoice Check Payments. • “Supplier’s Bank” means the financial institution located in the United States or Canada identified to SAP Concur by the Customer as the financial institution at which a Supplier maintains its Supplier Bank Account.

7.13.2 INVOICE CAPTURE
Invoice Capture consists of the receipt and image capture of invoices, check requests, credit memos, and debit memos (collectively referred to below as “invoices”) and the uploading, validation, and assignment of such invoices in the Invoice Processing service for routing to begin the workflow process. Invoice Capture supports all currencies defined in the Invoice Processing service. Invoice Capture supports the following languages: English, Dutch, German, French, Spanish, Portuguese, Danish, Finnish, Norwegian, Swedish, Italian, Czech, Lithuanian, Latvian, Estonian, Turkish, Slovenian, Romanian, Hungarian, Chinese, Japanese, and Polish.

Invoice Capture consists of the following actions:
• The requestor (that is, a Customer user, vendor, or agent) sends an invoice by either email, or hard- copy as set forth below:
o For emailed invoices, the requestor must email the invoice to a Customer-specific email address that automatically uploads the image to the Invoice Capture service. The subject line must contain the Invoice Number and/or Vendor Name.
o For hard-copy invoices, the requestor must send the invoice to a designated post office box number. For each hard-copy invoice received as described above, SAP Concur opens, sorts, and prepares the invoice for imaging. SAP Concur then scans each hard-copy invoice and uploads the image into the Invoice Capture service.
• Once the invoice has been received, the invoice is processed through optical character recognition (OCR) software. SAP Concur validates or inputs the following data fields into the Invoice Processing service: vendor name, invoice number, invoice date, invoice shipping total, and PO number. • Subject to the Customer’s configuration of the SAP Concur Service:
o SAP Concur also validates or inputs the following data fields into the Invoice Processing service:
currency and invoice total
o The Customer can choose to have the following additional fields captured: invoice tax total, invoice tax field, invoice shipping total, invoice owner, and PO number. o The Customer can choose to have one additional Custom Data Element processed by the service.
• Unless Invoice Line Item Capture is purchased, one line item is created for the entire amount of the invoice. It is the Customer’s responsibility to code that line item or break it into multiple line items in the Invoice Processing service.
• Once the validation step is completed, SAP Concur assigns the invoice to the Customer’s Invoice Processing queue to begin the workflow process in the Invoice Processing service. The Customer then assigns the appropriate expense code and assigns the payment request to the appropriate 106
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• For invoices that pertain to a vendor not recognized by the Invoice Capture service, SAP Concur assigns the invoice to a “Temporary - New Vendor.” The Customer is responsible for creating an Approved Vendor record in the Invoice Processing service and assigning the invoice to that approved vendor.
• For invoices received by SAP Concur electronically, the average overall processing time by the Invoice Capture service will ordinarily not exceed two business days (excluding SAP Concur holidays) calculated from when the invoice has been received by SAP Concur to when the invoice appears in the Customer’s processing queue.
• For invoices received through hard-copy mail, the average overall processing time will take an additional one to two business days (excluding SAP Concur holidays) beyond the standard timing of an invoice received electronically.
• If invoices received from the Customer cannot be attached to a payment request for any reason, such as documents received that are not invoices, then SAP Concur sends those invoices to the Customer for resolution. The Customer has the choice of having the invoices shipped back to them or sent via email. If shipping is selected, the Customer is responsible for all shipping and handling costs associated with each shipment and needs to provide SAP Concur with all relevant account numbers to enable the shipping agent to directly bill the Customer for such shipment. All origination and return locations must be identified during the Invoice Capture Implementation process.

Documents other than invoices include, but are not limited to, receipts, statements, expense reimbursement forms, packing documents, vendor statements, collection notices, surveys, flyers, advertisements, price lists, catalogs, or notices of change of address. • As requested by the Customer during the configuration of the Invoice Capture service, SAP Concur disposes of all such hard-copy and electronically stored information received from the Customer during a given month by either one of the following options:
o Shredding such hard-copy information, and permanently deleting such electronic information, within 30 days after uploading the applicable invoices as described above. o Packaging such information in a single container per country, per Customer, and mailing them to the Customer’s administrator for final disposition, provided that the Customer pays for all shipping and handling costs associated with each such shipment and provides SAP Concur with all relevant account numbers to enable the shipping agent to directly bill the Customer for each such shipment. All origination and return locations must be identified during Invoice Capture Implementation process.
• The Service applies machine learning technology to data and information, including Customer Data, for the purpose of continuously improving its reliability and efficacy in reviewing invoices and extracting, classifying, and predicting values and information used in the Service. • Notwithstanding the description above, Concur will no longer process invoices in physical / hard- copy form after December 31, 2022, and the obligations and attributes described above related to such physical processing of invoices will cease to apply to the Cloud Service at that time.

7.13.2.1 Definitions
For purposes of Invoice Capture, the following terms have the meanings specified below:
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 • “Custom Data Element” means any data element that can be found on the Invoice Header that is not part of the standard data elements (for example, vendor name, invoice number, invoice date, currency, invoice total, invoice tax total, tax amounts, invoice shipping total, invoice owner, and PO number) processed by the Invoice Capture service that is either a System Recognizable Data Element or a Person Recognizable Data Element from the Invoice Header. • “Invoice Header” means the data elements on an invoice that define the overall Invoice document. • “Non-Recognizable Data Element” means those data elements on the Invoice Header that are not a System Recognizable Data Element or Person Recognizable Data Element. These cannot be captured or processed as part of the Invoice Capture service.
• “Person Recognizable Data Element” means a data element consistently included within the Invoice Header that is not clearly or consistently labeled but has a pattern or identifier(s) provided in a written statement to SAP Concur, and which SAP Concur verifies that their users can identify. • “System Recognizable Data Element” means a data element that is consistently included within the Invoice Header and is clearly labeled and not embedded within any text string like a description field.

7.13.3 INVOICE CAPTURE, EXPEDITED SERVICE ADD-ON
Invoice Capture, expedited service is an add-on service that can be ordered in connection with the Invoice Capture extended service and applies the following service level agreement to invoices that are captured under the Invoice Capture extended service.

For purposes of the Invoice Capture, expedited service add-on, the following terms have the meanings specified below:
• “Actual Daily Transactions” means the actual number of Invoice Capture Transactions submitted into the Service by Customer on any given day.
• “Invoice Capture Completion Time” means, for all invoices (in the English language only) submitted for Invoice Capture, the time it takes for Concur to perform an Invoice Capture commencing from the time of invoice submission, excluding Excused Downtime. • “Average Daily Transactions” means the average number of Invoice Capture Transactions submitted into the Service by Customer on average per day over the previous 30 days. • “Business Hours” means the 120 hour period that begins at 00:00:01 Monday until 23:59:59 Friday, US Pacific time, excluding Concur holidays (which, for the purpose of this Invoice Capture SLA shall mean Christmas Eve, Christmas, New Year’s Eve, and New Year’s Day - observed in US Pacific time). • “Excused Downtime” shall have the same meaning as “Excluded Downtime” as included in the Service Level Agreement for SAP Cloud Services.

Commencing with the first Billing Cycle for Invoice Capture and subject to the conditions in the Customer’s ordering document with respect to Invoice Capture and the Customer’s compliance with its obligations in the Agreement in connection with Invoice Capture, Concur will achieve an Invoice Capture Completion Time of no more than 48 Business Hours, for 95% of total Invoice Capture Transactions completed in each calendar month (“Invoice Capture SLA”). Concur will undertake commercially reasonable efforts to monitor and track its compliance with the Invoice Capture SLA.

The Customer’s exclusive remedy and Concur’s entire liability for failure to achieve the Invoice Capture SLA shall be as follows: Upon the Customer’s written request, Concur will promptly investigate the root cause(s) of the failure and deliver to the Customer notification identifying such root cause(s), use its commercially reasonable efforts to correct the problem and to begin meeting such Invoice Capture SLA 108
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 as soon as practicable, and advise the Customer of the status of such corrective efforts. If Concur fails to meet the Invoice Capture SLA in any two (2) months in a twelve (12) consecutive month period, then the Customer shall have the right to terminate the Invoice Capture extended service and the Invoice Capture, expedited service add-on, by delivery of a written notice of service termination to Concur received within thirty (30) days of the failure to meet the Invoice Capture SLA.  Such service termination shall not be construed as termination of the Agreement or otherwise affect in any way the order for any other Concur service.

If any one of the following conditions exist during a given Billing Cycle, the Customer shall not be entitled to the exclusive remedy above regardless of Concur’s failure to achieve the Invoice Capture SLA: material changes by Customer to the “customized capture guidelines” as configured in the Service that, in Concur’s reasonable opinion, result in significant increases in net volume of Transactions for Invoice Capture or result in a material impact on Concur’s provision of Invoice Capture; or the Actual Daily Transactions exceeds the Average Daily Transactions by more than 200%.

7.13.4 INVOICE LINE ITEM CAPTURE
Invoice Line Item Capture can be ordered in connection with the Invoice Capture extended service and consists of the scanning or inputting and validation of receipt and image capture of invoices, check requests, credit memos, and debit memos (collectively referred to below as “invoices”) and the uploading, validation, and assignment of such invoices in the Invoice Processing service for routing to begin the workflow process. Invoice Line Item Capture supports all currencies defined in the Invoice Processing service. Invoice Line Item Capture supports the same languages that Invoice Capture supports.

Invoice Line Item Capture consists of the following actions:
• Once the invoice is received and scanned through OCR as outlined in the Invoice Capture service above, SAP Concur validates or inputs the following data fields into the Invoice Processing service:
o Header level: Vendor name, invoice number, invoice date, invoice total, invoice owner, tax field, and PO Number.

Subject to the Customer’s configuration of the SAP Concur Service:
 SAP Concur validates or inputs the following data field into the Invoice Processing service:

Currency.
 The Customer can choose to have the following additional fields captured: invoice tax total, invoice shipping total, invoice owner, tax field, and PO number. o Line Item level: Unit price, quantity, description, line total, tax field.

Subject to the Customer’s configuration of the SAP Concur Service, SAP Concur validates or inputs the following data fields into the Invoice Processing service: part number, description, quantity, tax field, and unit price.
• An average of five line items per invoice are included in Invoice Line Item Capture. Line items in excess of that incur an incremental charge. The incremental charge is calculated based on the greater of:
o The actual invoice count in excess of the base invoice count for Invoice Line Item Capture, or o The actual line item count in excess of the total line items included in Invoice Line Item Capture for the actual invoice count in a given billing period
For example:
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 o A Customer has a base of 1,000 invoices in a billing period and uses 500 invoices. Up to 5,000 line items are included in Invoice Line Item Capture; line items in excess of 5,000 are charged an incremental fee.
o A Customer has a base of 1,500 invoices in a billing period and uses 1,500 invoices. Up to 7,500 line items are included in Invoice Line Item Capture; line items in excess of 7,500 are charged an incremental fee.
• Single invoices exceeding 40 line items are processed as a single line item, capturing only the invoice total. All utility (electricity, gas, cable, and so forth) invoices are also processed as a single line item. • All other actions outlined for Invoice Capture also apply for Invoice Line Item Capture.

7.13.5 INVOICE LINE ITEM CAPTURE, EXPEDITED SERVICE ADD-ON Invoice Line Item Capture, expedited service is an add-on service that can be ordered in connection with the Invoice Line Item Capture extended service and applies the following service level agreement to invoices that are captured under the Invoice Line Item Capture extended service.

For purposes of the Invoice Line Item Capture, expedited service add-on, the following terms have the meanings specified below:
• “Actual Daily Transactions” means the actual number of Invoice Line Item Capture Transactions submitted into the Service by Customer on any given day. • “Invoice Line Item Capture Completion Time” means, for all invoices (in the English language only) submitted for Invoice Line Item Capture, the time it takes for Concur to perform an Invoice Line Item Capture commencing from the time of invoice submission, excluding Excused Downtime. • “Average Daily Transactions” means the average number of Invoice Line Item Capture Transactions submitted into the Service by Customer on average per day over the previous 30 days. • “Business Hours” means the 120 hour period that begins at 00:00:01 Monday until 23:59:59 Friday, US Pacific time, excluding Concur holidays (which, for the purpose of this Invoice Line Item Capture SLA shall mean Christmas Eve, Christmas, New Year’s Eve, and New Year’s Day - observed in US Pacific time).
• “Excused Downtime” shall have the same meaning as “Excluded Downtime” as included in the Service Level Agreement for SAP Cloud Services.

Commencing with the first Billing Cycle for Invoice Line Item Capture and subject to the conditions in the Customer’s ordering document with respect to Invoice Line Item Capture and the Customer’s compliance with its obligations in the Agreement in connection with Invoice Line Item Capture, Concur will achieve an Invoice Line Item Capture Completion Time of no more than 48 Business Hours, for 95% of total Invoice Line Item Capture Transactions completed in each calendar month (“Invoice Line Item Capture SLA”). Concur will undertake commercially reasonable efforts to monitor and track its compliance with the Invoice Line Item Capture SLA.

The Customer’s exclusive remedy and Concur’s entire liability for failure to achieve the Invoice Line Item Capture SLA shall be as follows: Upon the Customer’s written request, Concur will promptly investigate the root cause(s) of the failure and deliver to the Customer notification identifying such root cause(s), use its commercially reasonable efforts to correct the problem and to begin meeting such Invoice Line Item Capture SLA as soon as practicable, and advise the Customer of the status of such corrective efforts.

If Concur fails to meet the Invoice Line Item Capture SLA in any two (2) months in a twelve (12) consecutive month period, then the Customer shall have the right to terminate the Invoice Line Item Capture extended service and the Invoice Line Item Capture, expedited service add-on, by delivery of a 110
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 written notice of service termination to Concur received within thirty (30) days of the failure to meet the Invoice Line Item Capture SLA.  Such service termination shall not be construed as termination of the Agreement or otherwise affect in any way the order for any other Concur service.

If any one of the following conditions exist during a given Billing Cycle, the Customer shall not be entitled to the exclusive remedy above regardless of Concur’s failure to achieve the Invoice Line Item Capture SLA: material changes by Customer to the “customized capture guidelines” as configured in the Service that, in Concur’s reasonable opinion, result in significant increases in net volume of Transactions for Invoice Line Item Capture or result in a material impact on Concur’s provision of Invoice Line Item Capture; or the Actual Daily Transactions exceeds the Average Daily Transactions by more than 200%.

7.13.6 PURCHASE REQUESTS FOR INVOICE
Purchase Request for Invoice provides the ability to capture purchase information from users, route that information for approvals, and transform those requests into basic Purchase Orders. When Invoices are received and created within Concur Invoice Management, the system attempts to match the Invoices to the appropriate Purchase Order .

Company Bill Statements
Company Bill Statements is available subject to the Customer’s configuration of the SAP Concur Service.

Company Bill Statements is an extended service that can be ordered under the Travel & Expense or Expense service type(s) for an additional fee. When activated, an additional type of expense report (known as a Statement Report) is made available to the Customer . The Statement Report allows for the establishment of predefined periods. Payment card transactions are then automatically associated to a Statement Report based on their time stamp, providing a means of collecting transactions for reconciliation based on statement dates.

Connectors and Web Services
Connectors and Web Services is an extended service that includes the following extended services, which can be individually ordered.

7.15.1 CONCUR SALESFORCE CONNECTOR
The Salesforce Connector is a noncustom, real-time integration for existing SAP Concur and Salesforce instances that can be ordered under the Expense or Travel & Expense service types. The Salesforce Connector uses an individual’s Salesforce access to enable them to associate active opportunities and contacts to expense entries and to make this data available for reporting. It also provides the ability to share travel plans via Chatter . The performance of the Customer’s Salesforce instance determines the processing speed of the connector .

7.15.2 PROCUREMENT NETWORK INTEGRATION
Procurement Network Integration is an extended service that can be ordered under the Invoice Processing service type for an additional fee. Procurement Network Integration provides a connector to pass data between the Customer’s SAP Concur Service and the Customer’s Ariba Network procurement system to support a noncustom, real-time integration that allows the Customer to import invoice data into the SAP Concur Service from the Ariba Network.
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 Procurement Network Integration requires the use of the Ariba Network to exchange data. Any lack of availability of the Ariba Network due to scheduled maintenance, unscheduled outages, or otherwise, affects the Customer’s ability to exchange data and the processing speed of the connector .

7.15.3 CUSTOM CONNECTOR – HOSTED
Custom Connector – Hosted is an extended service that can be ordered under the Expense or Travel & Expense service types for an additional fee. The Custom Connector – Hosted extended service provides for the hosting of a custom connector by SAP Concur on behalf of the Customer .

7.15.4 CUSTOM CONNECTOR – HOSTED FOR INVOICE PROCESSING Custom Connector – Hosted for Invoice Processing is an extended service that can be ordered under the Invoice Processing service type for an additional fee. The Custom Connector – Hosted for Invoice Processing extended service provides for the hosting of a custom connector by SAP Concur on behalf of the Customer .

7.15.5 CONCUR CONNECTOR FOR QUICKBOOKS® OR QUICKBOOKS® INTEGRATION The Concur Connector for QuickBooks® or QuickBooks® Integration connector is available subject to the Customer’s configuration of the SAP Concur Service.

The Concur Connector for QuickBooks® or QuickBooks® Integration connector can be ordered under the Expense, Travel & Expense, and Invoice Processing service types. Each connector is a noncustom- configurable, packaged financial connector providing integration between Customer Data and QuickBooks Pro®, Premier, and Enterprise desktop versions and QuickBooks Essentials and Plus online versions in the United States, Canada (a US version of QuickBooks is required for Customers located in Canada), and in certain circumstances, the United Kingdom. The connector requires the use of the Intuit Partnership Platform to exchange data. Any lack of availability of the Intuit Partnership Platform due to scheduled maintenance, unscheduled outages, or otherwise, affects the Customer’s ability to exchange data and the processing speed of the connector .

7.15.6 SAGE® ACCOUNTING INTEGRATION
The Sage® Accounting Integration is available subject to the Customer’s configuration of the SAP Concur Service.

The Sage® Accounting Integration extended service can be ordered under the Expense or Travel & Expense service types for an additional fee. The Sage Accounting Integration connector is a noncustom configurable, packaged financial connector providing integration between the SAP Concur Service and the Sage Business Cloud Accounting Platform. The connector requires the use of the Sage Business Cloud Accounting Platform to exchange Customer Data between the SAP Concur Service and the Sage Business Cloud Accounting Platform. Any lack of availability of the Sage Business Cloud Accounting Platform due to scheduled maintenance, unscheduled outages, or otherwise, affects the Customer’s ability to exchange data and the processing speed of the connector .

7.15.7 SAGE® ACCOUNTING INTEGRATION FOR INVOICE PROCESSING The Sage® Accounting Integration for Invoice Processing is available subject to the Customer’s configuration of the SAP Concur Service.

The Sage® Accounting Integration for Invoice Processing extended service can be ordered under the Invoice Processing service type for an additional fee. The Sage Accounting Integration for Invoice 112
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7.15.8 SAGE® INTACCT INTEGRATION
The Sage® Intacct Integration extended service can be ordered under the Expense or Travel & Expense service types for an additional fee but is not available with the Professional Edition of the Service. The Sage Intacct Integration connector is a non-custom, configurable, packaged financial connector providing integration between the SAP Concur Service and the Sage Intacct Platform. The connector requires the use of the Sage Intacct Platform to exchange Customer Data between the SAP Concur Service and the Sage Intacct Platform. Any lack of availability of the Sage Intacct Platform due to scheduled maintenance, unscheduled outages, or otherwise, affects the Customer’s ability to exchange data and the processing speed of the connector .

7.15.9 SAGE® INTACCT INTEGRATION FOR INVOICE PROCESSING The Sage® Intacct Integration for Invoice Processing extended service can be ordered under the Invoice Processing service types for an additional fee but is not available with the Professional Edition of the Service. The Sage Intacct Integration for Invoice Processing connector is a non-custom, configurable, packaged financial connector providing integration between the SAP Concur Service and the Sage Intacct Platform. The connector requires the use of the Sage Intacct Platform to exchange Customer Data between the SAP Concur Service and the Sage Intacct Platform. Any lack of availability of the Sage Intacct Platform due to scheduled maintenance, unscheduled outages, or otherwise, affects the Customer’s ability to exchange data and the processing speed of the connector .

7.15.10 XERO™ ACCOUNTING INTEGRATION
The Xero™ Accounting Integration is available subject to the Customer’s configuration of the SAP Concur Service.

The Xero™ Accounting Integration extended service can be ordered under the Expense or Travel & Expense service types for an additional fee. The Xero Accounting Integration connector is a noncustom configurable, packaged financial connector providing integration between the SAP Concur Service and the Xero Accounting Platform. The connector requires the use of the Xero Accounting Platform to exchange Customer Data between the SAP Concur Service and the Xero Accounting Platform. Any lack of availability of the Xero Accounting Platform due to scheduled maintenance, unscheduled outages, or otherwise, affects the Customer’s ability to exchange data and the processing speed of the connector .

7.15.11 XERO™ ACCOUNTING INTEGRATION FOR INVOICE PROCESSING The Xero™ Accounting Integration for Invoice Processing is available subject to the Customer’s configuration of the SAP Concur Service.

The Xero™ Accounting Integration for Invoice Processing extended service can be ordered under the Invoice Processing service type for an additional fee. The Xero Accounting Integration for Invoice Processing connector is a noncustom. configurable, packaged financial connector providing integration between the SAP Concur Service and the Xero Accounting Platform. The connector requires the use of the Xero Accounting Platform to exchange Customer Data between the SAP Concur Service and the Xero 113
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7.15.12 CONCUR INTEGRATION WITH ADP (HR CONNECTOR ONLY) The Concur Integration with ADP is an extended service which can be ordered under the Expense service type for an additional fee. The Concur Integration with ADP is a non-custom configurable, packaged financial connector providing integration between the SAP Concur Service and the HR ADP Workforce Now and Vantage systems. The connector requires the use of the Customer’s applicable ADP Workforce Now and/or Vantage systems to exchange Customer Data between the SAP Concur Service and the Customer’s applicable ADP Workforce Now and/or Vantage systems. Any lack of availability of the Customer’s applicable ADP Workforce Now and/or Vantage systems due to scheduled maintenance, unscheduled outages, or otherwise, affects the Customer’s ability to exchange data and the processing speed of the connector .

7.15.13 CONCUR INTEGRATION WITH ADP
The Concur Integration for ADP is an extended service which can be ordered under the Expense service type for an additional fee. The Concur Integration for ADP are non-custom configurable, packaged financial connectors for HR and payroll providing integration between the SAP Concur Service and the applicable ADP systems described in the Documentation. Both connectors require the use of the Customer’s applicable ADP systems to exchange Customer Data between the SAP Concur Service and the Customer’s applicable ADP systems. Any lack of availability of the Customer’s applicable ADP systems due to scheduled maintenance, unscheduled outages, or otherwise, affects the Customer’s ability to exchange data and the processing speed of the connector .

7.15.14 CONCUR FINANCIAL CONNECTOR
The Concur Financial Connector is an extended service that can be ordered under the Expense, Travel & Expense, or Invoice Processing service types. Each connector is a configurable, packaged financial connector (“Financial Connector”) providing for the transfer of data between the Customer’s configuration of the SAP Concur Service and the applicable Customer-supported financial accounting system.
• A separate Financial Connector is required for each instance of the Customer’s applicable financial accounting system.
• Each Financial Connector can be scheduled to post expense reports from the Service to the Customer’s applicable financial accounting system multiple times each day to ensure timely data synchronization.
• SAP Concur monitors and assists in the resolution of errors related to the posting of expense reports from the Service to the Customer’s applicable financial accounting system, working with the Customer when necessary.
• SAP Concur makes changes to the Financial Connector to accommodate modifications to the SAP Concur Service that are either:
o Made by SAP Concur
o Made by the Customer (if such modifications are approved by SAP Concur in writing) and to accommodate configuration modifications or system upgrades to the applicable Customer 114
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• The following Financial Connectors can be ordered under the Concur Financial Connector extended service:
o Concur Connector for NetSuite®: SAP Concur provides a Financial Connector to pass data between the Customer’s SAP Concur Service and the Customer’s NetSuite financial accounting instance. The Connector posts to the NetSuite system from the Service-approved expense reports (including applicable expense and tax transactions) as Expense Report records or Vendor Bill records. Subject to the Customer’s configuration of the SAP Concur Service, a separate Connector may be required for each of the Customer’s NetSuite instances. The Connector can be scheduled to post expense reports from the Service to the Customer’s NetSuite system multiple times each day to ensure timely data synchronization. o Integration with Other Financial Systems: SAP Concur can provide additional Financial Connectors to prequalified Customers that pertain to other supported financial systems specified by SAP Concur.

Client Web Services
Client Web Services is an extended service that can be ordered under the Travel & Expense, Expense, or Invoice Processing service types. The Service provides access to a suite of SAP Concur developer APIs and toolkits to enable Customers to build custom solutions.

7.16.1 DEFINITIONS
• “API Keys” means the API keys, access tokens, account numbers, and other access credentials issued by SAP Concur to the Customer to access the SAP Concur Servers and use the Concur APIs. • “Code Library” means executable code or source code made available by SAP Concur to the Customer in connection with each Concur API for use by Customer in the Customer Software. • “Concur APIs” means SAP Concur’s application programming interfaces, written specifications, directions, instructions, and other documentation made available by SAP Concur to the Customer (excluding the Sample Code), which provide the Customer with programmatic access to the SAP Concur Service functionality, data, or business logic to exchange Customer Functionality, Customer Data, or Customer Business Logic with the SAP Concur Servers. • “Customer Business Logic” means the business logic provided to the SAP Concur Servers by the Customer Software.
• “Customer Functionality” means the functionality provided to the SAP Concur Servers by the Customer Software.
• “Customer Software” means the software owned (or licensed from third parties), used, and hosted by the Customer to access the SAP Concur Servers and use the Concur APIs. • “CWS Incident” means any reproducible error, issue, problem, or defect in the Concur APIs. • “Modified Code” means improvements, derivative works, and other modifications created by or on behalf of the Customer of the Sample Code, the Code Library, or other tools in the SAP Concur Software Development Kit.
• “Sample Code” means the sample source code, scripts, and other software made available by SAP Concur to the Customer related to each Concur API for use with the Customer Software. 115
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 • “SAP Concur Servers” means the SAP Concur internet servers and networks made available by SAP Concur to the Customer to use the Concur APIs.
• “SAP Concur Software Development Kit” means the Sample Code, Code Library, or other tools SAP Concur provides to the Customer under the Agreement in connection with Client Web Services to aid the Customer’s development and debugging of its code that uses Concur APIs.

7.16.2 ADDITIONAL TERMS
Client Web Services is subject to the following additional terms:
• SAP Concur grants the Customer a nonexclusive, nontransferable license to (a) use the Concur APIs to develop the Customer Software and customize and configure Customer’s systems and networks solely as necessary to interface with the Concur Servers; (b) create Modified Code and incorporate the Sample Code, Code Library or Modified Code into the Customer Software; (c) use Sample Code, the Code Library or Modified Code incorporated in Customer Software to interface with the Concur Servers; and (d) access the Concur Servers and send and receive Customer Data, Customer Functionality, and/or Customer Business Logic to and from the Concur Servers. Customer may not use the Concur APIs for any other purpose or improve, prepare derivative works of, or otherwise modify, the Concur APIs.
• Customer will treat all API Keys as Confidential Information of SAP Concur, and will be solely responsible for all use of the Concur APIs using such API Keys by or on behalf of the Customer. • Initial onboarding services of up to ten (10) hours are available to the Customer to provide a general overview, activation, and initial standard setup services. Such initial onboarding services must be scheduled within six (6) months of the initial effective date of the order for the Service. • Neither the initial onboarding nor the Customer’s support services for this or other Services include (a) any commitment to build, program, code or complete Modified Code or any custom integration solution; (b) any dedicated resources related to the Customer’s use of the Concur APIs; or (c) any consulting, advice or modifications to external APIs or third party solutions that are outside of SAP Concur products or services. Customer is fully responsible for developing their own Modified Code and custom integration solution; provided, however, that additional billable consulting services are available to Customer upon Customer’s request, and will be scoped, quoted and provided by SAP Concur various service team(s).
• SAP Concur will notify Customer of material changes to the Concur APIs at least six (6) months in advance of any change; provided, however, that SAP Concur can revise, suspend, or cancel any or all Concur APIs, at any time, in accordance with the Concur API Lifecycle and Deprecation Policy currently located at: https://developer.concur.com/tools-support/reference/deprecation- policy.html, which can be reasonably updated by SAP Concur from time to time. SAP Concur can also suspend or cancel any or all the Concur APIs immediately, with or without notice to the Customer, in the event of an actual or reasonably suspected security breach or threat. • Customer is solely responsible for the coding of any connection to the Concur APIs and for any changes to its interfaces required to support new releases of the Concur APIs. SAP Concur is not responsible for any functional limitations of the Concur APIs caused by Customer’s failure to update its Modified Code to support revisions and new releases of the Concur APIs. • Customer may not introduce into the Concur APIs, via Modified Code or otherwise, or include in or with any Customer Software, any code designed to interfere with the normal operation of the SAP Concur Service or any program routine, device, or other undisclosed feature, including a time bomb, virus, malware, spyware, software lock, drop-dead device, malicious logic, worm, trojan horse, or 116
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 trap door, or other disruptive software, or any software code, which is designed to delete, disable, deactivate, disrupt, damage, or perform unauthorized actions on a computer system. • Customer must not access or attempt to access through the Concur APIs any data other than its Customer Data.

Japan Public Transport Module
The Japan Public Transport Module is an extended service that can be ordered under the Travel & Expense or Expense service types for an additional fee.

The Japan Public Transport Module consists of the following:
• Ability of users to easily capture expenses associated with Japanese Public Transport. • Expense entry capabilities include manual, multiline entry, transfer from a Japanese Public Transit card, or route search enabling specific routes to be captured along with their associated expense.

Drive
Drive is an extended service within the SAP Concur mobile app that can be ordered by the Customer for use with the Expense or Travel & Expense service types.

The Drive extended service includes the following:
• Drive is a mileage tracker for business related distance tracking. The Customer’s users can activate Drive to capture various routes on their mobile device through the SAP Concur mobile app. A user’s business routes are converted into trip mileage, which the user can submit into the Service to be included in an expense report.
• Route mapping may be limited in some areas.

Extract Services
Extract Services is available subject to the Customer’s configuration of the SAP Concur Service.

Extract Services is an extended service that can be ordered under the Travel & Expense, Expense, and/or Invoice Processing service types for an additional fee. With the purchase of this extended service, SAP Concur creates up to 15 Non-Historical extract file layouts. If Extract Services is purchased by the Customer, SAP Concur does the following:
• Develops Extract Files according to the Customer specifications in order to create and deliver import-ready files for the Customer target systems, which the Customer can then use for financial accounting, payment, remittance, attendee spend, or other similar services. • Modifies the Extract Files at the Customer’s request solely to accommodate modifications to the SAP Concur Service that are either:
o Made by SAP Concur
o Made by the Customer if such modifications are approved in advance by SAP Concur in writing and to accommodate configuration modifications or system upgrades to the applicable Customer target system(s); provided that such changes pertain to and are necessary for the continued function of the Extract Files, in SAP Concur’s sole discretion • Adds new Extract File layouts to accommodate the Customer’s modifications to the desired integration, provided the following:
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 o The Customer’s written request is received by SAP Concur o Such request for new integration(s) is based on one of the following:
 A new target system
 An expansion of the SAP Concur Service
 An expansion of the target systems to accommodate additional integration scenarios

7.19.1 ADDITIONAL TERMS
Additional terms are shown below.
• SAP Concur does not provide consulting services of any kind or nature, including any advice or recommendations, with regard to the use of the Extract Files with the Customer’s target system. The Customer must rely on its internal or third-party resources to support the use of the Extract Files in conjunction with the Customer’s target system. The Customer must have internal or third-party resources to support the definition of specifications and to troubleshoot errors within the target system.
• The Customer is solely responsible for obtaining any authorization or permission necessary, including all licenses necessary, for SAP Concur to provide the Extract Services to be used with the Customer’s target system(s).

7.19.2 DEFINITIONS
For the purpose of Extract Services, the following terms have the meanings specified below:
• “Extract Files” means import-ready data files created by SAP Concur using the applicable SAP Concur Service then-current transactional data related to expense reports or invoices, but not historical data. The format for such files is either fixed width, delimited flat files, or structured files. In no event does Extract Files use or include images, such as .pdf, .jpeg, or others. • “Non-Historical” means that data contained in the extract file is data not previously provided in an accounting extract. Each run of an extract produces all transactions since the previous run of the same extract job.

Concur Detect by AppZen
Concur Detect by AppZen is an extended service component that can be ordered by the Customer for use with the Expense or Travel & Expense service type(s) for an additional fee. Concur Detect includes services delivered by SAP Concur’s third-party provider, AppZen, Inc.

Concur Detect:
• Automates the analysis, based on the Customer’s policy, of an expense report submitted into the Expense Service
• Assigns a risk rating of an expense report allowing the Customer’s selected administrators to take additional action.

The analysis of an expense report includes:
• Receipt verification using technology to scan and analyze data from receipts submitted in connection with an expense report
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 • The ability to compare expense report data against information from external public sources (for example, web sites and social media sites) to identify anomalies • The ability to track user spend and violation patterns to detect anomalies • Flagging of potential violations as defined by the Customer • The Service uses machine learning technology for the purpose of continuously improving its reliability and efficacy in reviewing and analyzing receipts and expense reports for the purposes described above.

Analytics
Analytics is available subject to the Customer’s configuration of the SAP Concur Service.

Provided the Customer is using Analytics Essentials, the Analytics extended service can be ordered under the Expense, Travel & Expense, and/or Invoice Processing service types for an additional fee. The Analytics extended service provides the Customer with extended reporting functionality beyond the scope of the standard reporting functionality included with such service types (that is, Analytics Essentials).

The Analytics extended service consists of the following:
• Embedded analytics features within the Expense and Invoice Processing service type(s) for access to data within the Service
• Dashboard personalization
• Real-time alerts
• Ability to customize existing reports and dashboards
• Report scheduling

7.21.1 ANALYTICS REPORTING SERVICES
Analytics Reporting Services is available subject to the Customer’s configuration of the SAP Concur Service.

Analytics Reporting Services is an extended service that can be ordered in connection with the Analytics extended service under the Travel & Expense, Expense, and/or Invoice Processing service types for an additional fee. Analytics Reporting Services helps the Customer maximize the value of its data by integrating SAP Concur’s best-practice recommendations into its analytical strategies.

Analytics Reporting Services consists of the following:
• Access to an SAP Concur analytics consultant who is familiar with the Analytics extended service and the Customer’s Service configuration to collect travel, expense, and/or invoice data (as applicable).

After an introductory call between the Customer and an SAP Concur analytics consultant, the SAP Concur analytics consultant works with the Customer on an ongoing basis to support the Customer’s data and analytical needs with respect to the Service, including:
o Developing an analytical strategy for the Customer’s organization based on best practices related to:
 Where the Customer stands in the maturity of its travel and spend management program  The Customer industry, geo-location, size, and business requirements 119
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 o Recommending Analytics extended service features in a way designed to maximize the value of the Customer’s data and support the Customer’s business decisions for key stakeholders o Reviewing the Customer’s travel and spending management policy(ies) and making recommendations to use data analytics in achieving the Customer’s goals o Providing targeted training for basic functionality, navigation, and features within the Analytics extended service
o Customizing standard report(s) and dashboard(s)
o Developing new custom report(s) and/or dashboard(s)
o Where feasible, recommending SAP Concur’s best-practice resolutions to the Customer’s business cases in respect of its analytics requirements o Scheduling regular meetings (as needed) to review progress towards goals defined in the Customer’s analytical strategies
Budget
Budget is an extended service that can be ordered under the Expense, Travel & Expense, and Invoice Processing service types for an additional fee.

Budget consists of the following:
• Ability for the Customer to import budget information via Excel spreadsheet or the Concur Budget API, which requires the purchase of Client Web Services. • Ability to input the Customer’s planned budget data by period and track it against actual budget usage through the Service for that period.
• Ability to view the Customer’s budget information within dashboards on web and mobile.

Concur FAVR by Motus
Concur FAVR by Motus (“Concur FAVR”) is an extended service that can be ordered under the Expense or Travel & Expense service type(s) for an additional fee. Concur FAVR includes services delivered by Concur’s third-party provider, Motus Operations, LLC (“Motus”).

Concur FAVR enables Customer users who drive their personal vehicles for work-related travel in excess of 5,000 miles per year to participate in the fixed and variable rate (FAVR) mileage reimbursement program in accordance with certain Internal Revenue Service (IRS) guidelines and related U.S. tax rules.

Concur FAVR enables the Customer to manage the following for Customer users:
• Ability to track mileage for FAVR reimbursement purposes using the Motus mobile application (“Motus App”)
• FAVR mileage reimbursement rates specific to the Customer user, based on individualized and localized costs data, with variable rates updated periodically • Insurance verification
• Posting of FAVR mileage expenses into the Expense service type on a monthly basis Concur FAVR requires Customer users who do not already have a current user account with Motus to download the Motus App, subject to the then-applicable Motus online terms, and provide any registration or other information required by the Motus App, such as annual vehicle registration information and proof of insurance. Customer users’ Motus App accounts are associated with their 120
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 Concur Expense accounts. The Customer must also complete the registration and setup process with Motus, including establishing and maintaining its user base, and select its reimbursement parameter and policies. Calculation of applicable reimbursement rates within the service operated by Motus, together with the Motus App, are referred to as the “Motus Service.” Concur and Motus collectively provide up to six hours of project management and up to four rate analysis reports in finalizing driver rates and individual driver impact analysis as part of the initial implementation. Additional project management hours can be ordered from Concur for an additional fee.

7.23.1 ADDITIONAL TERMS
As part of the use of the Motus Service included with Concur FAVR:
• The Customer must select certain reimbursement parameters (“Parameters”) within the Motus Service. The Customer’s written approval of the Parameters and/or the Customer’s reimbursement of its Customer users pursuant to such Parameters is deemed approval by the Customer of the Parameters.
• If the Customer requests Motus to make modifications to Parameters or selected Services, Motus can require additional fees to be charged by SAP Concur. • Motus daily calculates each Customer user’s variable reimbursement rate to continuously reflect the average price of fuel, maintenance, oil, tires, and other variable costs in each Customer user’s geographic territory.
o Fixed costs are based on each Customer user’s current state and local tax rates, license, title, registration, and insurance costs.
o Depreciation cost calculations are generated before the expiration of the associated retention cycle and can be updated more regularly based on each Customer user’s annual mileage trend. • The Customer’s designated administrators can run reports via the Customer’s “Report Center” in the Motus Service. Actual reports available in the Report Center can vary based on Parameters. Any reports requested by the Customer not specified in the Report Center are subject to an additional fee by Motus.
• Customer users must submit their automobile insurance documentation and their business vehicle information to Motus at the start of the program and annually thereafter. Certain Parameters require Motus to collect additional Customer user information including license and registration documentation, vehicle model year, purchase price, and odometer readings. • From time to time, certain Customer users may fall out of compliance with IRS guidelines. Motus identifies and makes available monthly reports to Customer identifying these noncompliant Customer users, if any. Where applicable, an annual tax report is available that provides the portion, if any, of each noncompliant Customer user’s reimbursement that must be treated as taxable income in accordance with IRS guidelines.
• Each Customer user’s reimbursement rate is updated annually to reflect current Parameters. The Customer is notified by Motus of changes to information upon which its Parameters are based, including without limitation insurance price updates and IRS-required model year changes to the standard base vehicle. Motus also collects auto insurance documentation and business vehicle information as described above on an annual basis.
• The Motus App is a GPS-based native application made available via download from the Apple iStore for Apple devices and from the Google Play Store for Android devices. The Motus App provides the 121
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 Customer user with a self-initiated application for automated capture of actual route/miles driven by location, account name, time, and stop duration based on a given business day. The Customer user’s mileage is uploaded automatically into a daily mileage log. The Motus App also provides manual entry capability to capture additional mileage adjustments based on internal Customer management requirements and approvals.

7.23.2 CUSTOMER SUPPORT SERVICES FOR CONCUR FAVR BY MOTUS The following exceptions to the Support Schedule for SAP Cloud Services set forth in this Service Description Guide apply to Concur FAVR:
• Customer support for the Motus Service is provided directly by Motus and consists of the following:
o Customer users receive access to the Motus “Member Services Team” to answer any questions related to the program and the Motus Service, such as the Customer’s Parameters and polices, as well as technical trouble shooting. The Customer’s designated program administrator(s) receive access to the Motus Customer Care Team to answer any questions related to program administration and the Motus Services. The Customer’s administrator(s) also works with the Customer Care Team to request any Parameter changes that the Customer requests from time to time. All changes to Parameters must be approved by Customer’s designated program administrator. All the Customer user terminations, additions, and changes to the Customer user- specific information must be electronically submitted to Motus via the Motus Administrator Portal or automated data feed (additional integration fees apply). o For all support cases that are not identified as either P1 (Very High) or P2 (High) under the Support Schedule for SAP Cloud Services, the following support standards apply:
 Online support available 24/7 via a Help Center within the Motus App  Phone support available Monday through Friday, from 9 a.m. to 6 p.m. Eastern Time  Email support with response times within two business days  Designated Customer Care Team customer care administrator with response times of:
– Two business days for standard requests
– One business day for escalated requests
Managed Rate Administration
Managed Rate Administration is available subject to the Customer’s configuration of the SAP Concur Service.

Managed Rate Administration is an extended service that can be ordered under the Travel & Expense or Expense service types for an additional fee.

Managed Rate Administration includes access to one or more SAP Concur consultants who work with the Customer to support optimization of the following features (provided such features have been implemented and deployed as part of the Travel & Expense or Expense service types, as applicable):
• Travel allowances
• Mileage rates
• VAT configuration
• Taxability and deductibility
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The SAP Concur consultant supports the Customer in the following activities:
• Updating existing rates for existing countries with respect to any above-listed feature activated in the Customer’s production environment of the Expense or Travel & Expense service type, as applicable
• Updating and adding new configurations for existing countries with respect to any above-listed feature activated in the Customer’s production environment of the Expense or Travel & Expense service type (as applicable), not to exceed 40 distinct configurations in total • Updating new rates and/or configurations actioned within the Customer’s production environment (or test environment, as applicable) of the Expense service type By ordering the Managed Rate Administration extended service, Customer authorizes SAP Concur to do the following:
• Initiate, on the Customer’s behalf, changes to the configuration of the Customer’s existing travel allowances, mileage rates, VAT configuration, and taxability and deductibility features within the Expense or Travel & Expense service type. Customer is permitted up to a total of forty (40) configuration changes per contract year for travel allowance, VAT, and taxability and deductibility configurations, and unlimited mileage rate configuration changes. • Liaise, on the Customer’s behalf, if applicable, with its designated Travel Management Company representative in response to service requests made by the Customer.

Concur Tax Assurance by Blue dot
Concur Tax Assurance by Blue dot is an extended service that can be ordered under the Travel & Expense or Expense service types for an additional fee. Concur Tax Assurance includes services delivered by SAP Concur’s third-party provider, VATBox Ltd., a subsidiary of Blue dot Corp (“VATBox”). Concur Tax Assurance automatically reviews and analyzes a Customer’s expense receipts within Expense to determine eligibility for compliant recovery of global indirect tax (VAT, GST or HST). The Service also includes reporting on allowable tax reclaim, deductions, and detailed supplier spend.

7.25.1 ADDITIONAL TERMS
Additional terms are shown below:
• Customer-specific tax rule configurations (“Custom Configuration”) available depending on Customer’s configuration of the SAP Concur Service.
• Implementation services include services that are provided to Customer directly by VATBox, and Customer must complete the registration and setup process with VATBox. • Setup of additional Customer entities after the initial setup may be subject to additional fees depending on Customer’s configuration of the SAP Concur Service. • Only expenses with receipt images may be reviewed, and the Customer is responsible for ensuring that expense receipts are available in digital form.
• Certain limitations on advanced support cases requiring direct VATBox tax expert involvement, including to facilitate resolution with tax authorities, apply based on Customer’s configuration of the Concur Services.
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7.25.2 PENALTIES
SAP Concur will indemnify Customer against fines, penalties or related interest charges from improper domestic indirect tax reclaim eligibility calculated on Customer’s behalf by VATBox through Expense (“Penalties”), subject to the following limitations:
• Customer is solely responsible for Penalties that are the result of a Customer’s (a) failure to follow the guidance provided by the Service (e.g., seeking reclaim on amounts not indicated as eligible) or where Customer utilizes a Custom Configuration; (b) prior reclaims made by itself or with another third party; or (c) acts or omissions that violate applicable laws or regulations or are contrary to the directions provided by VATBox.
• If Customer receives a notice or communication from a tax authority regarding a denial of eligibility and actual or potential assessment of Penalties, Customer must give SAP Concur prompt notice after receiving notice or communication from a tax authority. To the extent possible, Customer must permit SAP Concur and VATBox the opportunity to review and, if applicable, correct, dispute or defend an eligibility issue and potential assessment of Penalties, and provide SAP Concur and VATBox with assistance, information and authority reasonably required for the resolution of the issue or defense and settlement of such Penalties. Regardless of SAP Concur’s obligation to indemnify Customer for Penalties, Customer is responsible for paying Penalties, and any overclaimed indirect tax amounts due, to the applicable tax authority. • To the maximum extent permitted by applicable law, SAP Concur’s total liability for Penalties to Customer is limited to general money damages and can in no event exceed an amount equal to the aggregate of all fees actually paid or owing by the Customer to SAP Concur for Tax Assurance by VATBox during the twelve (12)-month period preceding the time that the Penalty arose, not including taxes or any special fees for setup, integration or implementation.

7.25.3 EXCEPTIONS TO SERVICE LEVELS
The following exceptions to the Service Level Agreement referred to in the System Availability SLA section below apply to this Service:
• “Credit” means 2% of Monthly Subscription Fees for each full 1% below the System Availability SLA and/or for the calendar month for each full 5% below the Support Responsiveness SLA, not to exceed 10% of the aggregate Monthly Subscription Fees.
• “Support Responsiveness SLA” means meeting the response, communication and resolution targets for incidents for at least 90% of cases in any given calendar month. • “System Availability SLA” means a 94% System Availability Percentage during each Month for the production version of the Cloud Service.

Tax Reclaim and Optimization – Add On.

Tax Reclaim and Optimization includes services delivered by VATBox and is only available for Customers that have ordered Concur Tax Assurance. The Service provides reclaim report processing and submission of non-domestic tax between applicable EU countries under EU regulations 2008/9/EC - Directive 8 (D8), also known as D9/Directive 2008/9/EC, between applicable non-EU countries under regulations 86/560/EEC – Directive 13 (D13), and between applicable non-EU countries under non-EU regulations if 124
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7.26.1 ADDITIONAL TERMS
Additional terms are shown below:
• Implementation services include services that are provided to Customer directly by VATBox, and Customer must complete the registration and setup process with VATBox. • Customer must provide to VATBox legal documentation necessary for the services, including Power of Attorney (POA), Delegations of Authority (DOA), and indirect/VAT tax certificates, on forms and within the timeframes required by VATBox.
• Only expenses with receipt images may be reviewed, and the Customer is responsible for ensuring that expense receipts are available in digital form
• Customer is solely responsible for an inability to submit a reclaim or rejected reclaim due to missing, incomplete, or inaccurate information or documents provided by Customer to VATBox or the applicable tax authority or Customer’s failure to respond in a timely manner to requests for information or documentation.
• Certain minimum reclaim thresholds on obtaining reissued documents and limits on the number of foreign reclaims processed in a tax year apply based on Customer’s Base Transaction commitment amount for Concur Tax Assurance in an Order Form. Customer is responsible for any fees required by the Customer’s applicable vendor to reissue a receipt. • In order for VATBox to meet the D8 and D13 filing deadlines and complete filing for Customer, Customer must provide requested documentation to VATBox (e.g., POA, DOA, certificates) at least two (2) months prior to the respective authority deadline, which for D13 filings may also include original copies of invoices. Customer may not have previously submitted a foreign reclaim in the applicable reclaim timeframe. Each annual submission of a D8 reclaim is subject to a €1,600 minimum value. Each annual submission of a D13 reclaim is subject to a €6,400 minimum value. • Certain limitations on thresholds on obtaining reissued documents and the number of foreign reclaims processed in a tax year apply based on Customer’s configuration of the Concur Services. In addition, reissuance of expense receipts may not always be possible and is only available in certain circumstances where documentation provided by Customer is insufficient. Customer remains responsible for ensuring that expense receipts are available in digital form. • Certain limitations on VATBox assisted challenges to tax authority objections to non-domestic VAT repayment requests apply based on Customer’s configuration of the Concur Services. • Submissions may be made only with regard to expenses occurring after the effective date of the order for the Service, unless Customer has also subscribed to Historical Tax Reclaim. • The service level exceptions in section 7.25.3 apply. • The Service applies machine learning technology to data and information, including Customer Data, for the purpose of continuously improving its reliability and efficacy in extracting and validating information used in the Service and determining eligibility of amounts. 125
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 Historical Tax Reclaim – Add On
Historical Tax Reclaim is provided by VATBox and only available for Customers that have ordered Concur Tax Assurance. Historical Tax Reclaim consists of the services provided in Concur Tax Assurance and Tax Reclaim and Optimization applied against Customer’s historic transactions subject to applicable laws and regulations, including corresponding deadlines.

7.27.1 ADDITIONAL TERMS
Additional terms shown below:
• Historical Tax Reclaim includes indemnification for Penalties provided under section 7.28.2 above. • Support for Custom Configuration and foreign reclaim available depending on Customer’s configuration of the SAP Concur Service.
• Service limited to only expense data available within Customer’s Expense instance. • The service level exceptions in section 7.25.3 apply. • The Service applies machine learning technology to data and information, including Customer Data, for the purpose of continuously improving its reliability and efficacy in extracting and validating information used in the Service and determining eligibility of amounts.

Concur Benefits Assurance by Blue dot
Concur Benefits Assurance by Blue dot is an extended service that can be ordered under the Travel & Expense or Expense service types for an additional fee. Concur Benefits Assurance includes services delivered by SAP Concur’s third-party provider, VATBox Ltd., a subsidiary of Blue dot Corp (“VATBox”). Concur Benefits Assurance automatically reviews and analyzes a Customer’s expense receipts within Expense to determine taxable employee benefits within available jurisdictions.

7.28.1 ADDITIONAL TERMS
Additional terms shown below:
• Support for Custom Configuration and country-specific policies available depending on Customer’s configuration of the SAP Concur Service.
• Service limited to only expense data available within Customer’s Expense instance. • The service level exceptions in section 7.25.3 apply. • The Service applies machine learning technology to data and information, including Customer Data, for the purpose of continuously improving its reliability and efficacy in extracting and validating information used in the Service and determining qualifying amounts.

Concur Detect by Oversight
Concur Detect by Oversight is an extended service component that can be ordered by the Customer for use with the Expense or Travel & Expense service type(s) for an additional fee. Concur Detect includes services delivered by SAP Concur’s third-party provider, Oversight Systems, Inc. Concur Detect automates the analysis of an expense report submitted into Expense based on the Customer’s policy, and identifies expense report exceptions allowing the Customer’s selected administrators to take additional action. The analysis of an expense report includes receipt analysis, unauthorized purchase detection based on receipt data and the Customer policy, anomaly detection, including from user spending and violation patterns, and flagging of Customer-defined parameters. 126
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7.29.1 ADDITIONAL TERMS
Additional terms are shown below:
• The Service applies machine learning technology to data and information, including Customer Data, for the purpose of continuously improving its reliability and efficacy in reviewing and analyzing receipts and expense reports for the purposes described above. • The following exception to the Service Level Agreement referred to in the System Availability SLA section below apply to this Service: “Credit” means 1% of Monthly Subscription Fees for each 1% below the System Availability SLA, not to exceed 100% of Monthly Subscription Fees.

Concur Detect by Oversight, Company Bill Statements - Add-on Concur Detect by Oversight, Company Bill Statements is only available for Customers that have ordered Concur Detect by Oversight. Concur Detect by Oversight, Company Bill Statements provides additional automated controls and analysis of statement reports submitted to Expense. The additional terms identified for Concur Detect by Oversight also apply for Concur Detect by Oversight, Company Bill Statements.

Concur Event Management by Groupize
Concur Event Management by Groupize is an extended service that can be ordered by the Customer for use with the Expense or Travel & Expense service type(s) for an additional fee. Concur Event Management includes services delivered by Concur’s third-party provider, Groupize, Inc. Concur Event Management provides a centralized, configurable platform for planning and executing events and meetings that integrates with Concur Travel. The Service is available in English language only.

Concur User Assistant by WalkMe, Custom Edition
Concur User Assistant by WalkMe, custom edition, is an extended service that can be ordered by the Customer for use with the Expense or Travel & Expense service type(s) for an addition fee. Concur User Assistant, custom edition includes services delivered by Concur’s third-party provider, WalkMe, Ltd.

Concur User Assistant, custom edition provides customizable content, access to additional pre-built content and guides, and analytics functionality.

7.32.1 ADDITIONAL TERMS
Concur User Assistant is subject to the following additional terms:
• The content creation editor is available in English only. • Changes made by SAP Concur to other Concur Services may interfere with custom content created by the Customer, such as where content is tied to particular user interface elements. Customer is responsible for making any necessary updates to such content, and SAP Concur is not responsible for any business interruptions or support required.
• Concur User Assistant, custom edition, applies machine learning technology to data and information, including customer user actions, for the purpose of continuously improving content selection and enhance user experience, as well as to provide Customer with additional insights and analytics regarding user experience.
• Add-on implementation services provided by WalkMe are available as an additional fee. 127
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Production Sandbox Environment
Production Sandbox Environment is an extended service that can be ordered by the Customer for use with the Expense, Travel & Expense, Invoice Processing, or Request service type(s) for an additional fee.

The Service provides a secondary environment to enable Customers to conduct testing, validation, or training activities separate from their live production environment.

7.33.1 ADDITIONAL TERMS
Production Sandbox Environment is subject to the following additional terms:
• Available only for Customers of Professional edition. • Travel fulfillment, itineraries and certain Travel service type configurations are not available in the Service. SAP Concur will identify any other limitations on available configurations or data within the Service in Documentation.
• One (1) secondary environment is included.
• SAP Concur will assist the Customer upon request with up to four (4) refreshes of Customer Data from the Customer’s then-current live production instance during any annual period within their subscription term.
• Where the Service is not used by the Customer for at least six (6) months, or as otherwise required by the Agreement or applicable law, SAP Concur will effect the deletion of data within the Service.

Any deletion of data within the Service will not impact the Customer Data in Customer’s live production environment. SAP Concur is not responsible for any configurations or non-Customer Data within the Service provided by the Customer that are lost in connection with such a deletion or any business interruptions.
• The Service Level Agreement referred to in the System Availability SLA section below does not apply to this Service.
• Customer is responsible for evaluating its compliance with applicable data protection or other laws related to duplication of any personal data or other regulated or restricted data within a secondary environment.

IC Card Integration
IC Card Integration for Japan is an extended service that can be ordered under the Travel & Expense or Expense service types for an additional fee. The Service enables the import of transaction data of Customer users from the use of the integrated circuit (IC) card payment system for Japanese Public Transport (JPT).

7.34.1 ADDITIONAL TERMS
IC Card Integration for Japan is subject to the following additional terms:
• SAP Concur is not responsible for the terms of any IC card. • SAP Concur will identify any limitations on available JPT providers or data within the Service in Documentation.
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• Customer must operate SAP Concur’s Japan Public Transport Module configured for SAP Concur’s most current user interface.

Other services
Additional ancillary extended service options are available for additional fees if and when ordered under a mutually acceptable Agreement between SAP Concur and the Customer . 8 Support for the services
Technical support
The Service includes the Support Schedule for SAP Cloud Services located at the following link:
http://www.sap.com/agreements-cloud-support. The Support Schedule for the Service does not include “SAP Preferred Success.” All references to “SAP” in the Support Schedule for SAP Cloud Services mean “SAP Concur.” Any prior references to the “Support Policy” mean the Support Schedule.

Service configuration change management process

8.2.1 SCOPE
The Service configuration change management process outlined below is used for any configuration change of the existing implementation of the Service that requires SAP Concur assistance. All changes that are subject to this Service Configuration Change Management Process are performed by SAP Concur only pursuant to a mutually acceptable Service Request, as described below. The Service Configuration Change Management Process is not for adding additional service options to the Service. Additional service options must be accomplished by an order under the Agreement between SAP Concur and the Customer and are implemented pursuant to the implementation option selected for such additional service option. Once the additional service option is implemented, the Service Configuration Change Management Process is applied.

8.2.2 PROCESS
• Change Initiation: Either SAP Concur or the Customer can initiate a Service Request by identifying the need for the change to the other party and identifying a specific solution desired for implementation.
• Change Review: The Service Request is routed to appropriate representatives of both parties, who are the first level of screening to determine whether a requested change is appropriate or whether the change should be escalated within their respective organizations for determining whether to move toward completing and execution of a Service Request. These representatives also involve others within their respective organizations in reviewing the change, as applicable. SAP Concur representatives assist the Customer to understand the parameters of applicable service functionality in order to properly understand the nature and potential impact of the perceived need and accurately describe the desired change. Each party cooperates in good faith to determine the estimated level of effort in terms of hours and fees for the requested change, as applicable. 129
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 Service requests
If the parties determine to move forward with the change, then the parties negotiate a mutually acceptable service request. Each service request is in SAP Concur’s standard form and must include the following:
• A detailed description of the work to be performed by SAP Concur under the service request, including any and all prerequisites, assumptions, and deliverables contemplated by the parties • An estimated schedule for the work to be performed by SAP Concur under the service request • A description of all compensation to be paid to SAP Concur for all work to be performed under the service request (if any), including payment methodology and payment terms Performance of work
A service request must be executed by both SAP Concur and the Customer before SAP Concur begins work associated with the desired change. Once the service request is fully executed by both parties, SAP Concur begins work in accordance with the terms of the service request. SAP Concur can rely on a service request that is signed by a representative of the Customer . 9 Service-level agreement
Except as expressly set forth in the Agreement or elsewhere in this Service Description Guide, the Service includes SAP Concur’s Service Level Agreement as set forth herein. All references to “SAP” in the Service Level Agreement for SAP Cloud Services mean “SAP Concur.” The Service, excluding any test, no-fee, and/or nonproduction environment(s), is delivered in accordance with the service-level commitments below:

System availability SLA
SAP Concur warrants to maintain an average monthly system availability for the production system of the SAP Concur Service as set forth in the Service Level Agreement for SAP Cloud Services located at: http:// www.sap.com/agreements-cloud-service-level-agreement.

The Customer’s sole and exclusive remedy for SAP Concur’s breach of the System Availability SLA is the issuance of a credit in the amount described in the Service Level Agreement for SAP Cloud Services. The Customer must follow SAP Concur’s posted credit claim procedure. When the validity of the service credit is confirmed by SAP Concur in writing (email permitted), the Customer can apply the credit to a future invoice for the SAP Concur Service or request a refund for the amount of the credit if no future invoice is due.

In the event SAP Concur fails to meet the System Availability SLA:
• For four consecutive months, or
• For five or more months during any twelve-month period, or • At a system availability level of least 95% for one calendar month, the Customer can terminate its subscriptions for the affected SAP Concur Service by providing SAP Concur with written notice within 30 days after the failure.
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 Service responsiveness
Following commencement of the Service, SAP Concur will achieve an average Service Responsiveness of no more than 3.0 seconds per transmission in each calendar month during the term of the Agreement between the Customer and SAP Concur. The Customer’s exclusive remedy and SAP Concur’s entire liability for any failure to achieve the service level described above is as follows:
• For a failure in a given month, such remedy is the Customer’s right to receive a pro-rata credit against its recurring fees for the Service the next invoice period, based on the difference between the committed average Service Responsiveness per transmission and the actual average Service Responsiveness per transmission in such month, to be applied to the next invoice; and • In addition to the remedy set forth in the clause above, for a failure in any three months in any twelve-consecutive month period, such remedy is the Customer’s right to terminate the Agreement between the Customer and SAP Concur under which SAP Concur provides the Service, by delivery of a written notice of termination, and such termination is effective as of the date of such notice.

As used above:
• “Excluded Downtime” has the meaning given to it in the Service Level Agreement for SAP Cloud Services referred to in the System Availability SLA section, above. • “Service Responsiveness” means the average time for a round-trip transmission of the Service in a given calendar month, starting from the time a transmission enters SAP Concur’s firewall from the Customer and ends when it leaves SAP Concur’s firewall to the Customer, excluding Excluded Downtime.

Overnight job processing
If the Customer uses SAP Concur’s standard file formats, complies with SAP Concur’s standard file transfer methodology, and selects a single Processing Time Zone, then, for applicable Customer Data delivered by the Customer to SAP Concur by 6:00 p.m. (applicable Processing Time Zone) on a given business day: (1) SAP Concur will make the applicable financial extract files available for the Customer’s retrieval by 5:00 a.m. (applicable Processing Time Zone) on the next business day, and (2) such applicable financial extract files must not contain any material inaccuracies caused by SAP Concur that remain uncured for more than one business day after discovery of such inaccuracies.

The Customer’s exclusive remedy and SAP Concur’s entire liability for any failure to achieve the service level described above is as follows:
• For a failure to achieve the service level described in clause (1) above at least one time per month in any three-consecutive-month period, such remedy is the Customer’s right to receive a credit against its recurring fee for the Service the next invoice period equal to 5% of the monthly portion of the then-current recurring fee for the Service, to be applied to the next invoice. • For a failure to achieve the service level described in clause (2) above at least one time per month in any three-consecutive-month period, such remedy is the Customer’s right to receive a credit against its recurring fee for the Service the next invoice period equal to 5% of the monthly portion of the then-current recurring fee for the Service, to be applied to the next invoice. 131
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 10 Security standards
Security
SAP Concur will implement and maintain appropriate technical and organizational measures to protect the personal data processed by SAP Concur as part of the Cloud Service as described in the Data Processing Agreement (DPA) for SAP Cloud Services incorporated into Customer’s applicable order form in compliance with applicable data protection law.
11 Analyses
SAP Concur or its Affiliates can create analyses using, in part, Customer Data and information derived from the Customer’s use of the Service, as set forth below (“Analyses”). Analyses anonymize and aggregate information and are not considered “Customer Data” as defined in the Agreement.

Unless otherwise agreed, personal data contained in Customer Data is used only to provide the Service.

Analyses can be used for the following purposes:
• Product improvement (in particular, product features and functionality, workflows, and user interfaces) and development of new SAP Concur products and services • Improving resource allocation and support
• Internal demand planning
• Training and developing machine learning algorithms
• Improving product performance
• Verification of security and data integrity
• Identification of industry trends and developments, creation of indices, and anonymous benchmarking
12 Other services
Additional ancillary service options are available for additional fees if and when ordered under a mutually acceptable Agreement between SAP Concur and the Customer .

Reimbursement of expenses
The Customer is responsible for paying SAP Concur for reasonable travel and related expenses incurred by SAP Concur in connection with any on-site services performed in connection with an Agreement between SAP Concur and the Customer .
13 Agreement definitions and transactions
Definitions
The following terms used in the Agreement have the meanings specified below:
• “Annual Period” means each twelve-month period beginning on the Order Effective Date set forth in the applicable ordering document.
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 • “Base Transactions” means, collectively, the stipulated number of Transactions for which the Customer is required to pay the corresponding Base Transaction Fee specified in the applicable ordering document for a given Billing Cycle.
• “Billing Cycle” means the billing frequency specified in the applicable ordering document. • “Incremental Transactions” means, collectively, the number of Transactions, in excess of the number of Base Transactions, for which the Customer is required to pay the corresponding Incremental Transaction Fee specified in the applicable ordering document for a given Billing Cycle. • “Production Availability” means, for the service type(s) ordered under an applicable ordering document, the date on which such service type is made available to the Customer for production use.
• “Recurring Fee” means the fee to be paid for each Billing Cycle for the unit-based Extended Services based on the aggregate number of Base Transactions for the service type ordered as set forth on the applicable ordering document. The Recurring Fees are invoiced in advance of each Billing Cycle and the Incremental Transaction Fees, if any, related to the Transactions for which there are Recurring Fees are invoiced in arrears for the preceding Billing Cycle. • “Service Type” means each primary service offering ordered as specified in the “Service Ordered” section of the applicable ordering document.
• “Transaction Fee” means the fee to be paid for each Billing Cycle consisting of:
o The applicable Base Transaction Fee specified in the applicable ordering document, and o An Incremental Transaction Fee equal to the number of Incremental Transactions for the applicable Billing Cycle, multiplied by the applicable rate per Incremental Transaction specified in such ordering document.

The Base Transaction Fees are invoiced in advance of each Billing Cycle and the Incremental Transaction Fees, if any, are invoiced in arrears for the preceding Billing Cycle.

Transactions
Unless specific to the corresponding type of Transaction described in the Transaction Table below, or otherwise set forth in a relevant ordering document, a “Transaction” is defined as:
• For an Expense service type, an expense report (provided, however, that all submissions and resubmissions of a single expense report are counted as a single Transaction) that is submitted by or on behalf of a Customer user during a given Billing Cycle through the use of the Service. • For a Travel service type, a booking, confirmation, and/or holding of a reservation or passenger name record (PNR) using the Travel service type for any one or more of the following: air, lodging, car, and/or rail. All Extended Services for the Travel service type share the Travel service type Transaction definition.
• For an Invoice Processing service type, a Payment Request (provided, however, that all submissions and re-submissions of a single payment request are counted as a single Transaction). • For a Concur Request service type, a Concur Request is as follows:
o Concur Request—Standalone: A Concur Request; provided, however, that all submissions and resubmissions of a single request are counted as a single Transaction. Incremental fees are incurred when the Customer exceeds their Concur Request commitment. 133
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SAP Concur Service Description Guide enGL.v.10-2022 Revised: October 2022 o Concur Request—Add-on: An expense report; provided, however, that all submissions and resubmissions of a single expense report are counted as a single Transaction. Incremental fees are incurred when the Customer exceeds their Expense or Travel and Expense commitment.

In addition, for the Travel & Expense service type, the definition of Transaction includes each travel booking transaction submitted through the use of such service type (and not otherwise timely cancelled) if, within 120 days after the date of such travel booking transaction, such travel booking transaction does not correspond to an expense report submitted through the use of such service type.

All other transactions types (and definitions) are shown in the table below.

13.2.1 TRANSACTION TABLE
Service description Type of transaction
Audit (Policy, Receipt, Elite, and
Intelligent Audit)
An expense report with respect to which SAP Concur performs an audit as reflected by the Service
Audit 48 Hour SLA for Policy Audit An expense report with respect to which SAP Concur performs an audit as reflected by the Service
Audit 48 Hour SLA for Receipt Audit An expense report with respect to which SAP Concur performs an audit as reflected by the Service
Central Reconciliation A Concur Request or expense report (as applicable to the Service Type ordered under the Agreement); provided, however, that all submissions and resubmissions of a single Concur Request or expense report, as applicable, are counted as a single Transaction
Company Bill Statements A statement report; provided, however, that all submissions and resubmissions of a single statement report are counted as a single Transaction
Concur FAVR by Motus – Expense A Customer user of Concur FAVR; provided, however, that any Customer user that is a replacement of an existing Customer user does not count as a Transaction
Concur FAVR by Motus – Travel &
Expense
A Customer user of Concur FAVR; provided, however, that any Customer user that is a replacement of an existing Customer user does not count as a Transaction
Concur Tax Assurance by VATBox An expense report that contains one or more expense lines that is subject to an indirect tax charge.

Expense Pay A payment made to a payee for each expense report using Expense Pay – North America, Expense Pay – EMEA, Expense Pay – APA, Expense Pay – Japan, or Expense Pay – Global
Guaranteed Compliance Service An expense report with respect to which SAP Concur performs an audit as reflected by the Service
Intelligence Reports A Managed Reporting report transaction with a maximum of 8 hours per report
Invoice Capture A vendor payment request with respect to which SAP Concur performs Invoice Capture as reflected by the service
Invoice Line Item Capture A vendor payment request with respect to which SAP Concur performs Invoice Capture as reflected by the service
Invoice Pay A payment made to a payee using Invoice Pay 134
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Japanese Public Transport An expense report that incorporates Japanese Public Transport expenses; provided, however, that all submissions and re-submissions of a single expense report are counted as a single Transaction
Meeting Management Each registration submitted using Meeting Management in which the invited attendee elects to attend the meeting or event during the registration process
Paper Receipt Handling An expense report with respect to which SAP Concur performs Paper Receipt Handling as reflected by the Service
Policy Audit (applicable only when a
Customer configures Policy Audit
with Concur Detect)
An expense report escalation identified as “High Risk” by the Concur Detect extended service with respect to which SAP Concur then performs an audit as reflected by the Service in the “Policy Audit and Concur Detect” section of this Service Description Guide
14 Additional service names
Some services in this guide have previous or additional names. Those services are listed below.

Current service name in this guide Previous or additional service name Custom Connector - Hosted Formerly known as Concur Expense, custom-hosted integration Custom Connector - Hosted for Invoice
Processing
Formerly known as Concur Invoice, custom-hosted integration ExpenseIt Formerly known as ExpenseIt and ExpenseIt Pro Invoice Processing Also known as Invoice
Concur Select Care Formerly known as Concur Preferred Care Drive Formerly known as Concur Drive
Concur Essential Care Formerly known as Service Administration Concur Essential Care for Higher
Education
Formerly known as Service Administration for Higher Education Intelligent Audit expedited service Formerly known as Intelligent Audit 48 Hour SLA Concur Tax Assurance by Blue dot Formerly known as Concur Tax Assurance by VATBox

135

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.4
March
8, 2023
Amend Eastvale Municipal Code Chapter 8.17 to Establish Increased Short Term Rental Administra-ve Fines in Alignment with State Law
Prepared By:

John Marquez, Community Enhancement and Safety Supervisor Recommended Action(s)
Staﬀ recommends that City Council introduce, read by
tle and waive further reading of the
amendment to Chapter 8.17 increasing Short Term Rental Fines.

Summary
The City of Eastvale currently prohibits and issues ﬁnes for non-compliant short-term rentals (STR's) through Sec
on 120.04.160 and 8.17.060 of the municipal code. The City establishes penalty fee limits in accordance
California law governing local government maximum fees. On September 24, 2021, the State of California approved Senate Bill (SB) 60 which raised the viola on penalty limits for
short-term rentals where the viola
on poses a threat to health or safety. The proposed amendment to the City's municipal code Section 8.17.060 reflects the State's updated maximum penalty fees.

Background
A central and signiﬁcant goal of the City of Eastvale is to preserve its housing stock and the quality and character of residen
al neighborhoods. Short-term rentals, where proper
es are rented for
periods of less than 30 days, frequently disrupt the residen al character and quality of
neighborhoods and adversely impact the community.

The current ordinance authorizes the
city to issue ﬁnes for a viola
on of City ordinances and limits
the maximum ﬁne to $100 for the ﬁrst viola
on, $200 for a 2nd viola
on of the same ordinance 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
136
within one year of the ﬁrst viola
on, and $500 for each addi
onal viola
on of the same ordinance
within one year of the first violation.

The proposed amendment aligns City code with State law and would raise the maximum ﬁnes for viola
on of an ordinance rela
ng to a residen
al short-term rental and which poses a threat to
health or safety to $1,500 for a ﬁrst viola
on, $3,000 for a 2nd viola
on of the same ordinance
within one year, and $5,000 for each addi
onal viola
on of the same ordinance within one year of
the first violation.

Environmental
The proposed amendment is not a project as deﬁned by the California Environmental Quality Act (CEQA) and no environmental review is required.

Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not Applicable.

Fiscal Impact
There is no fiscal impact to the City associated with this ordinance.

Prior City Council/Commission Action
On March 10, 2021 City Council approved
the Zoning Code Amendment adding Sec
on 120.04.160
(Short-term rentals) to Chapter 120.04 (Development Standards to Speciﬁc Uses) of the Zoning Code regarding the Prohibi
on of Short-term Rentals. On February 28, 2023 the Public Safety Commission reviewed the proposed increase in fines for short-term rentals.

Attachment(s)
ACachment 1 - Bill Text - SB-60 Residen
al short-term rental ordinances_ health or safety
infractions_ maximum fines

Attachment 2 - Ordinance Increasing STR Fines

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
137
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Date Published: 09/27/2021 09:00 PM
SB-60 Residential short-term rental ordinances: health or safety infractions: maximum fines. (2021-2022)

Senate Bill No. 60
CHAPTER 307
An act to amend Sections 25132 and 36900 of the Government Code, relating to local government, and declaring the urgency thereof, to take effect immediately.
[ Approved by Governor September 24, 2021. Filed with Secretary of State September 24, 2021. ]

LEGISLATIVE COUNSEL'S DIGEST
SB 60, Glazer. Residential short-term rental ordinances: health or safety infractions: maximum fines.

Existing law authorizes the legislative body of a city or a county to make, by ordinance, any violation of an ordinance subject to an administrative fine or penalty and limits the maximum fine or penalty amounts for infractions, to $100 for the first violation, $200 for a 2nd violation of the same ordinance within one year of the first violation, and $500 for each additional violation of the same ordinance within one year of the first violation. Existing law also sets specific monetary limits on the fines that may be imposed by city or county authorities for any violation of local building and safety codes that is an infraction, as prescribed.

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Existing law requires a city or county levying fines pursuant to these provisions to establish a process for granting a hardship waiver in certain cases.

This bill would, notwithstanding those provisions and with certain exceptions, raise the maximum fines for violation of an ordinance relating to a residential short-term rental, as defined, that is an infraction and poses a threat to health or safety, to $1,500 for a first violation, $3,000 for a 2nd violation of the same ordinance within one year, and $5,000 for each additional violation of the same ordinance within one year of the first violation. The bill would make these violations subject to the process for granting a hardship waiver.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 2/3 Appropriation: no Fiscal Committee: no Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 25132 of the Government Code is amended to read:
25132. (a) Violation of a county ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a county ordinance may be prosecuted by county authorities in the name of the people of the State of California, or redressed by civil action.
(b) Every violation that is an infraction is punishable by the following:
(1) A fine not exceeding one hundred dollars ($100) for a first violation. (2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year of the first violation.
(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year of the first violation.
(c) Notwithstanding any other law, a violation of local building and safety codes that is an infraction is punishable by the following:
(1) A fine not exceeding one hundred thirty dollars ($130) for a first violation. (2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year of the first violation.
139
(3) (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.
(B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.
(d) (1) Notwithstanding any other law, including subdivisions (b), (c), and (e), a violation of an event permit requirement that is an infraction is punishable by the following:
(A) A fine not exceeding one hundred fifty dollars ($150) for the first violation of an event permit requirement. (B) A fine not exceeding seven hundred dollars ($700) for a second occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation. (C) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation. (2) (A) For purposes of this subdivision, “violation of an event permit requirement” means failure to obtain a permit required for a professionally organized special event on private property that is commercial in nature, or from which the owner or operator derives a commercial benefit.
(B) For purposes of this paragraph, the following definitions apply:
(i) “Commercial in nature” means that a primary purpose of the special event is to derive an economic benefit resulting from the holding of the event through admission charges or sales of merchandise that occur as part of the event. (ii) “Commercial benefit” means any remuneration received in exchange for allowing the property upon which the event occurs to be used for the event, including any remuneration that results from the rental of the property for a term of less than 31 consecutive days.
(e) (1) Notwithstanding any other law, including subdivisions (b), (c), and (d), the violation of a short-term rental ordinance that is an infraction is punishable by the following:
(A) A fine not exceeding one thousand five hundred dollars ($1,500) for a first violation. (B) A fine not exceeding three thousand dollars ($3,000) for a second violation of the same ordinance within one year. (C) A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within one year of the first violation. 140
(2) For purposes of this section, “short-term rental” means a residential dwelling, or any portion of a residential dwelling, that is rented to a person or persons for 30 consecutive days or less. (3) For purposes of this section, “residential dwelling” means a private structure designed and available, pursuant to applicable law, for use and occupancy as a residence by one or more individuals. “Residential dwelling” does not include a commercially operated hotel, motel, bed and breakfast inn, or time-share property as defined by subdivision (aa) of Section 11212 of the Business and Professions Code.
(4) The fine limits set by this subdivision apply only to infractions that pose a threat to public health or safety. The fines described in this subdivision shall not apply to a first time offense of failure to register or pay a business license fee. Nothing in this subdivision limits the authority of a county, or city and county, to establish lower fines for specific violations by ordinance.
(f) A county levying a fine pursuant to paragraphs (2) and (3) of subdivisions (b) and (c), and paragraph (1) of subdivision (e), shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by a responsible party that the responsible party has made a bona fide effort to comply after the first violation, and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.

SEC. 2. Section 36900 of the Government Code is amended to read:
36900. (a) Violation of a city ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a city ordinance may be prosecuted by city authorities in the name of the people of the State of California, or redressed by civil action.
(b) Every violation determined to be an infraction is punishable by the following:
(1) A fine not exceeding one hundred dollars ($100) for a first violation. (2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year. (3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year. (c) Notwithstanding any other law, a violation of local building and safety codes determined to be an infraction is punishable by the following:
(1) A fine not exceeding one hundred thirty dollars ($130) for a first violation. (2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year. 141
(3) (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.
(B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.
(d) (1) Notwithstanding any other law, including subdivisions (b) and (c), the violation of a short-term rental ordinance that is an infraction is punishable by the following:
(A) A fine not exceeding one thousand five hundred dollars ($1,500) for a first violation. (B) A fine not exceeding three thousand dollars ($3,000) for a second violation of the same ordinance within one year. (C) A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within one year of the first violation.
(2) For purposes of this section, “short-term rental” means a residential dwelling, or any portion of a residential dwelling, that is rented to a person or persons for 30 consecutive days or less. (3) For purposes of this section, “residential dwelling” means a private structure that is designed and available, pursuant to applicable law, for use and occupancy by one or more individuals. “Residential dwelling” does not include a commercially operated hotel, motel, bed and breakfast inn, or a time-share property as defined by subdivision (aa) of Section 11212 of the Business and Professions Code.
(4) The fine limits set by this subdivision apply only to infractions that pose a threat to public health or safety. The fines described in this subdivision shall not apply to a first time offense of failure to register or pay a business license fee. Nothing in this subdivision limits the authority of a city, or city and county, to establish lower fines for specific violations by ordinance. (e) A city levying a fine pursuant to paragraphs (2) and (3) of subdivisions (b) and (c), and paragraph (1) of subdivision (d), shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.

SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
142
Due to the severe strain on public resources as restrictions related to COVID-19 are lifted statewide, it is necessary that this act take effect immediately.
143
ORDINANCE NO. 23-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EASTVALE, CALIFORNIA, AMENDING CHAPTER 8.17
(ADMINISTRATIVE CITATIONS AND FINES) OF THE EASTVALE

MUNICIPAL CODE
WHEREAS, the City’s short-term rental ordinance is codified in Chapter 120.04 of the Eastvale Municipal Code; and
WHEREAS, the City's administrative citation procedure is set forth in Chapter 8.17 of the Eastvale Municipal Code; and
WHEREAS, Section 8.17.060 of Chapter 8.17, entitled “Imposition of administrative fines, late penalty charge, interest charges, and re-inspection fees” sets forth administrative fine amounts for violations of the City’s municipal code that would be considered infractions; and WHEREAS, the California Legislature adopted Senate Bill 60, that was signed in to law in September 2021, and amended Section 36900 of the California Government Code; and WHEREAS, Senate Bill 60 allows cities to impose a fine of up to $5,000 for public and health and safety violations of a short-term rental ordinance; and WHEREAS, California Government Code, Section 36900 provides that each violation of a city ordinance is a misdemeanor unless by ordinance it is made an infraction; and WHEREAS, Section 36900 provides further that 1) the violation of a short-term rental ordinance that is an infraction which poses a threat to public health and safety is punishable by the following: a) A fine not exceeding $1,500 for a first violation; b) A fine not exceeding $3,000 for a second violation of the same ordinance within one year; and, c) A fine not exceeding $5,000 for each additional violation of the same ordinance within one year of the first violation; and WHEREAS, the City Council now desires to amend the City’s Code so as to provide for the fine amounts allowed by Senate Bill 60, pursuant to California Government Code 36900 et. seq.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS:

SECTION 1. AMENDMENT OF SECTION 8.17.060. Section 8.17.060 is hereby amended as follows:

Sec. 8.17.060. - Imposition of administrative fines, late penalty charge, interest charges, and re-inspection fees.
(a) Fine. The amounts of the fines imposed pursuant to this article may be set forth in a schedule of fines established by ordinance or resolution of the city council. The city council may also impose escalating fines in amounts it deems appropriate for repeat offenses of the same ordinance. The amounts of fines may be modified from time to time, provided they do not exceed the limits allowed by state law, as stated in the following paragraph. If the city council has not 144
adopted a specific fine for a violation of an ordinance, then the maximum penalty allowed by state law as stated in the following paragraph may be imposed. (i) If a violation is otherwise classified as an infraction under the Code, the administrative fine shall not exceed $100.00 for a first offense, $200.00 for a second offense of the same ordinance within a 12-month period of time, and $500.00 for a third or greater offense of the same ordinance within a 12-month period of time, as set forth in subdivision (b) of section 36900 of the California Government Code. (ii) Notwithstanding the foregoing, the administrative fine for a violation of building and safety codes classified as an infraction shall not exceed $130.00 for a first offense, $700.00 for a second offence of the same ordinance within a 12-month period of time, and $1,300.00 for a third or greater offense of the same ordinance within a 12-month period of time. A fine not exceeding $2,500.00 may be imposed for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.
(iii) Notwithstanding the foregoing, the administrative fine for each violation of the City’s short-term rental ordinance, codified at Section 120.04.160 of this Code, that is classified as an infraction shall not exceed $1,500 for a first violation; $3,000 for a second violation of the same ordinance within one year; and $5,000 for each additional violation of the same ordinance within one year of the first violation. (b) Re-inspection fee. In addition to any fine imposed pursuant to this article, a re-inspection fee shall be assessed against any responsible person in an amount established by resolution of the city council if the responsible person does not timely and completely correct or abate a violation (with all requisite approvals, permits, licenses, and/or inspections) after having received notification from the city to correct or abate same.
(c) Late penalty charge. Failure to pay an administrative fine within the period specified on the citation shall result in the assessment of a late penalty charge in an amount established by resolution of the city council, not to exceed 100 percent of the total fine owed (excluding any re- inspection fee).
(d) Interest. Failure to pay an administrative fine within 60 days of the issuance of a citation or, if contested, within 60 days of an order to pay pursuant to a decision by a hearing officer or judicial officer confirming the fine, shall result in the imposition of an interest charge at a rate established by resolution of the city council. Interest shall not accrue on a late penalty charge or re-inspection fee.

SECTION 2. AMENDMENT OF SECTION 8.17.080(a). Section 8.17.080(a) is hereby amended as follows:
(a) Appeal. Any citee may contest the violation, or that he or she is a responsible person, by filing a request for an administrative hearing in the manner set forth on the citation within ten calendar days from the issuance date of the citation. A citee required to pay administrative fines pursuant 145
to Section 8.17.060(a) may request an administrative hearing and seek a reduction the fine amount. If the request for a hearing is not timely received in the manner set forth on the citation, the citee shall have waived the right to a hearing and the citation shall be deemed final. (1) A request for a hearing shall contain the following:
a. The citation number.
b. The name, address, telephone and any facsimile numbers, of each person contesting the citation.
c. A statement of the reasons why a citation is being contested; or, for a request to reduce an administrative fine issued pursuant to Section 8.17.060(a), why a reduction in the fine amount should be granted upon a showing by the citee that the citee has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the citee. d. The date and signature of the citee.
(2)No filing fee shall be charged for the filing of a request for an administrative hearing. (3)A timely request for a hearing shall not excuse a citee from the duty to immediately abate a violation of the Code, nor from any other responsibility or legal consequences for a continuation or repeated occurrences of a violation of the Code.

SECTION 2. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days from its passage by the City Council.

SECTION 4. PUBLICATION. The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933(c). 146
PASSED, APPROVED AND ORDAINED this ____ day of ___________, 2023. _____
Todd Rigby
Mayor
APPROVED AS TO FORM: ATTEST:

Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk/Communications Director
147

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §

CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the foregoing Ordinance No. 23-XX, was introduced at a regular meeting of the City Council of the City of Eastvale held on the 8th day of March, 2023, and was passed by the City Council of the City of Eastvale at a regular meeting held on the ____ day of ________ 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
148

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.5
March
8, 2023
Approval of Agreement with Alcorn Fence Company for Minor Construction Services for Safety Purposes
Prepared By:

Jimmy Chung, City Engineer
Recommended Action(s)
Staﬀ recommends that the City Council authorize the City Manager to execute an agreement with Alcorn Fence Company in an amount not-to-exceed $42,823 for performing minor construc&on services for safety purposes, approve an exemp&on from the compe&&ve bidding requirements, and ﬁnd the approval of the agreement to be exempt from review under the California Environmental Quality Act (CEQA).

Summary
The Public Works Team is commi3ed to the maintenance and opera&on of the City of Eastvale's infrastructure. This includes ensuring the safety and quality of streets. City staﬀ was no&ﬁed of two collisions that resulted in damage to the guardrails on both sides of Bellegrave Avenue west of the I- 15 overpass. The guardrails were knocked down and must be replaced.

A guardrail is installed to reduce the severity of run-oﬀ-the-road collisions. In some cases, guardrails may also redirect an errant vehicle and dissipate energy from the collision. Because guardrails fulﬁll safety need and have addi&onal safety beneﬁts, staﬀ recommends replacing the damaged guardrails to continue to provide a safe roadway for vehicles.

Background
As soon as the City was no&ﬁed of the damaged guardrail, staﬀ contacted several specialty vendors who are qualiﬁed to make this type of repair. Alcorn was the only responsive vendor. Alcorn oﬀers full service installa&on of all types of fence, gates, metal beam guard rail, steel fabrica&on and 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
149
related products. Alcorn holds a Contractor License type A and C13. Its corporate oﬃce is located in Sun Valley, and there is a branch office based in Riverside.

The proposed Scope of Work includes removal and replacement of the damaged guardrails in-kind on both sides of Bellegrave Avenue and providing traﬃc control during the repair. The replacement service will cost $38,930 plus a 10% contingency for a total not-to-exceed amount of $42,823.

The City's purchasing ordinance requires compe&&ve bidding for the procurement of nonprofessional services valued at over $25,000, but allows an exemp&on to be approved under certain circumstances. Due to the pressing need to replace the guardrails to protect the public safety, and the unsuccessful a3empts to obtain three informal bids, it is not in the best interests of the City to conduct competitive formal bidding in this situation.

Environmental
The proposed contract is exempt from review under the California Environmental Quality Act (CEQA) under CEQA Guideline 15301 (Exis&ng Facili&es), which exempts from review the opera&on, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public facilities.

Strategic Plan Action - Priority Level: N/A
| Target #: 5
| Goal #: 3
Plan for landscape, roads, and street maintenance.

Fiscal Impact
In ﬁscal year 2022-23, $300,000 was budgeted for Other Contract Services in the Gas Tax Fund.

There is an adequate available budget to use for this repair:

Fund
Account/Project
Department
Account
Description
Available Budget
Gas Tax
200-500-6490
Community
Development
Public Works
$151,000

Because the damage was caused by a vehicle collision, staff will make every attempt at cost recovery through the insurance company. A copy of the police report with the insurance informa&on was obtained. Both the police report and the receipt will be sent to the City's risk pool, Public En&ty Risk Management Authority (PERMA) as soon as the work is complete.

Prior City Council/Commission Action
There is no prior City Council or Commission action on this item.

Attachment(s)
Attachment 1 - Agreement for Minor Construction Services

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
150

1 AGREEMENT FOR MINOR CONSTRUCTION SERVICES

BETWEEN

THE CITY OF EASTVALE, CALIFORNIA
AND

ALCORN FENCE COMPANY

This Agreement for Minor Construction Services (“ Agreement ”) is entered into as of __________, 2023 (“ Effective Date ”) between the City of Eastvale, a municipal corporation (“ City ”) and Alcorn Fence Company (“ Contractor ”) (collectively the “Parties ”). In consideration of the mutual promises and co venants made by the parties and contained here and other consideration, the val ue and adequacy of which are hereby acknowledged, the parties agree as follows:

SECTION 1. SCOPE OF SERVICES

1.1 Term . Subject to the provisions of Section 8 [Terminat ion] of this Agreement, the term of this Agreement is for 2 mont hs commencing on the Effective Date (“ Term ”).

1.2 Contractor Services . Subject to the terms and conditions of this Agreement, Contractor agrees to perform for City th ose services specified in the Scope of Services attached hereto and incorporated herein by reference as Exhibit “A” [Scope of Services] (“ Services ”). Contractor agrees to furnish, for the compensa tion provided for herein, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform and complete the Services. The Services shall be subject to inspection and approva l by City. Contractor agrees to work closely with City staff in the performance of the S ervices and shall be available to City’s staff and consultants at all reasonable times.

1.3 Extra Work . Contractor shall not be compensated for any work or services rendered in connection with its performanc e of this Agreement, which are in addition to or outside of the Services (“ Extra Work ”), except as expressly provided for herein. It shall be Contractor’s responsibility to ensure that the scope and price of any Extra Work to be performed by Contractor is approve d by City in writing in advance of Contractor’s commencement of the Extra Work in acco rdance with Section 9.10 [Amendments] and Section 9.19 [Administration and I mplementation]. City shall not be obligated to pay for or otherwise be liable for una uthorized Extra Work performed by Contractor.

1.4 Schedule of Performance . Contractor agrees to diligently perform and complete the Services before the Term of this Agree ment ends in accordance with Section 1.1 [Term].

1.5 General Warranty . Contractor warrants all Services under this Agreement (which for purposes of this Section shall be deemed to include unauthorized Extra Work which has not been removed and any non-c onforming materials 151

2 incorporated into the Services) to be of good quali ty and free from any defective or faulty material and workmanship. All warranties an d guarantees of subcontractors, suppliers and manufacturers with respect to any por tion of the Services, whether express or implied, are deemed to be obtained by Co ntractor for the benefit of City, regardless of whether or not such warranties and gu arantees have been transferred or assigned to City by separate agreement and Contract or agrees to enforce such warranties and guarantees, if necessary, on behalf of City.

1.6 Repair of Defects . Contractor agrees that for a period of one (1) y ear from and after final acceptance of the Services, or in any guarantee or warranty provided by any manufacturer or supplier of equipme nt or materials incorporated into the Services, whichever is later, Contractor shall within ten (10) days after being notified in writing by City of any defect in the Services or non-conformance of the Services, commence and prosecute with due diligence all work and services necessary to fulfill the terms of the warranty at its sole cost and expe nse. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work, facilities, fixtures, or materials damaged by its defective Services or w hich becomes damaged in the course of repairing or replacing defective Services . For any Services so corrected, Contractor's obligation hereunder to correct defect ive Services shall be reinstated for an additional one year period, commencing with the dat e of acceptance of such corrected Services. Contractor shall perform such tests as C ity may require to verify that any corrective actions are adequate to remedy the defec tive condition. In the event that Contractor fails to perform its obligations under t his Section to the reasonable satisfaction of City, then City shall have the righ t to correct and replace any defective, non-conforming, or damaged Services at Contractor's sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.

1.7 Contractor’s Representative . Contractor hereby designates the representative named in Exhibit “C” [Representative s], or his or her designee, to act as its representative for the performance of this Agre ement (“ Contractor’s Representative ”). Contractor’s Representative shall have full au thority to represent and act on behalf of the Contractor for all purpose s under this Agreement. Contractor’s Representative shall supervise and direct the Servi ces, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

1.8 Contract Documents . The following documents shall be referred to collectively as the "Contract Documents," each of which is incorporated into and made part of this Agreement by reference:

This Agreement
All exhibits to this Agreement

The Contract Documents are intended to be complementary, and a requirement in one document is as effective as if it appeared in all of the Contract Documents. In the 152

3 event of a conflict between any of the Contract Documents, the documents shall be given effect in the order set forth above (from top to bottom).

SECTION 2. COMPENSATION AND METHOD OF PAYMENT

2.1 Compensation . City shall pay to Contractor for non-disputed Se rvices rendered the compensation set forth in Exhibit “B” [Compensation] attached hereto and incorporated herein by reference. Total compensati on to Contractor for the Services shall not exceed the total price or “not to exceed” amount set forth in Exhibit “B,” without the prior written approval of City in accordance wi th Section 9.10 [Amendments] and Section 9.19 [Administration and Implementation].

2.2 Payment of Compensation . Contractor shall submit periodic (monthly or quarterly as specified in Exhibit “B”) invoices tog ether with an itemized statement of Services provided. The statement shall describe th e Services provided, the percent of work completed by item, together with such other re asonable detail and supporting documentation as may be required by the City Manage r, or his/her designee. City will review the statement and pay, with the exception of any charges for work performed or expenses incurred by Contractor which are disputed by City, within 30 days of receiving such statement, all approved charges thereon. Paym ent by City shall release City from any further obligation for payment to Contractor, f or Services performed or expenses incurred as of the date of the invoice. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to w aive any defect in work performed by Contractor.

SECTION 3. RESPONSIBILITIES OF CONTRACTOR

3.1 Control and Payment of Subordinates; Independent Co ntractor .

Contractor agrees that all Services shall be perfor med by Contractor or under its supervision. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under the Contract or’s exclusive direction and control.

Contractor will determine the means, methods and de tails of performing the Services subject to the requirements of this Agreement. Con tractor is and shall at all times remain a wholly independent contractor and not an o fficer, employee or agent of City.

Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly confe rred under this Agreement or is otherwise expressly conferred in writing by City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall o btain any rights to retirement, healthcare or any other benefits which may otherwis e accrue to City’s employees.

Contractor expressly waives any claim Contractor ma y have to any such rights.

Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the Services. Contractor shall not p ermit any lien or claim to be filed or prosecuted against the City on any account of any l abor or material furnished for the Services. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such 153

4 claim becomes due, City may pay such claim and char ge the amount of the payment against funds due or to become due the Contractor. The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims.

3.2 Standard of Care and Licenses . Contractor agrees that all Services shall be performed in a skillful and competent mann er, consistent with the standards generally recognized as being employed by professio nals in the same discipline in the State of California. Contractor represents and war rants that it, its employees and subcontractors shall have sufficient skill and expe rience to perform the Services and that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally requi red to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained in good standing throughout the term of this Agreement.

3.3 Required Corrections . Contractor shall perform, at its own expense and without reimbursement from the City, any work neces sary to correct errors or omissions that are caused by the Contractor’s failure to comp ly with the standard of care provided for herein.

3.4 Law and Regulations . Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Services, includin g all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services.

3.5 Safety . Contractor shall perform the Services, and maint ain its work area, so as to avoid injury or damage to any person or pr operty and shall otherwise exercise all necessary precautions for the safety of employe es appropriate to the nature of the work and the conditions under which the work is to be performed.

3.6 Labor Code and Prevailing Wage Requirements .

3.6.1 Apprenticeable Crafts. To the extent applica ble, Contractor shall comply with the provisions of Section 1777.5 of the Labor Code with respect to the employment of properly registered apprentices upon public works.

3.6.2 Hours of Work. Contractor shall comply with the legal days work and overtime requirements of Section 1813 of the Labor Code.

3.6.3 Payroll Records. In accordance with the requ irements of Labor Code Section 1776, Contractor shall keep accurate p ayroll records which are either on forms provided by the Division of Labor Standards E nforcement or which contain the same information required by such forms. Contracto r shall make all such records available for inspection at all reasonable hours.
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5 3.6.4 Prevailing Wage Laws. Contractor represents and warrants that it is aware of the requirements of California Labor Co de Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“ Prevailing Wage Laws ”), which require the payment of prevailing wage ra tes and the performance of other requirements on “Public Works” and “Maintenance” projects.

Contractor acknowledges that the Services are being performed as part of an applicable “Public Works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and Contractor agrees to fully comply with such Prevail ing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of p er diem wages in effect at the commencement of this Agreement. Contractor shall m ake copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon reque st, and shall post copies at the Contractor’s principal place of business and any lo cation where the Services are performed.

3.7 Equal Opportunity Employment . Contractor represents that it is an equal opportunity employer and it shall not discrim inate against any subcontractor, employee or applicant, in any way, in the employmen t of persons to perform the Services in violation of any federal or state law prohibiting discrimination in employment, including based on the race, religious creed, color , national origin, ancestry, physical disability, mental disability, medical condition, g enetic information, marital status, sex, gender, gender identity, gender expression, age, se xual orientation, of any person, except as provided under California Government Code section 12940.

SECTION 4. INDEMNIFICATION

4.1 Indemnity . Except as to the sole negligence or willful misc onduct of City, Contractor expressly agrees to, and shall, indemnif y, defend, release, and hold City, and its respective officials, officers, employees, agents, and contractors harmless from and against any Action, liability, loss, damage, en try, judgment, order, lien, and Costs and Expenses which arises out of, or are in any way related to, any act or omission of Contractor, or its officers, directors, employees, agents, or contractors, connected with the performance or failure to perform under this Ag reement, notwithstanding that City may have benefited therefrom, or any challenge to t his Agreement. This Section shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Contractor’s officers, d irectors, employees, agents and contractors, including but not limited to acts or o missions in any way related to, the release, treatment, use, generation, transportation, storage, or disposal in, on, under, to, or from the location at which work under this Agree ment is performed of any Hazardous Substances by Contractor or its officers, directors , employees, agents, and subcontractors. The Parties expressly agree that a ny payment, or Costs and Expenses City incurs or makes to, or on behalf of, an injure d employee under City’s workers’ compensation or other insurance, is included as a l oss or Costs and Expenses for the purpose of this Section. City shall not be respons ible for any acts, errors or omissions of any person or entity except City and its officer s, agents, servants, employees or 155

6 contractors. The Parties expressly agree that the obligations of Contractor under this Section shall survive the expiration or early termination of the Agreement.

4.2 Action . For purposes of this Agreement, “Action” shall m ean any suit (whether legal, equitable, or declaratory in nature ), proceeding or hearing (whether administrative or judicial), arbitration or mediati on (whether voluntary, court-ordered, binding, or non-binding), or other alternative disp ute resolution process, and the filing, recording, or service of any process, notice, claim , demand, lien, or other instrument which is a prerequisite or prelude to commencement of the Action.

4.3 Costs and Expenses . For purposes of this Agreement, “Costs and Expenses” shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a Party in goo d faith in the investigation, prosecution or defense of an Action, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, attorney’s fees, consultant fees, fee s for investigators, witness fees (both lay and expert), travel expenses, deposition and tr anscript costs, and any other costs or expenses, the award of which a court of competent j urisdiction may determine to be just and reasonable.

4.4 Hazardous Substances . For purposes of this Agreement, “Hazardous Substances” shall mean any and all of the following:
a. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regul ated, or for which liability arises for misuse, pursuant to the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), 42 U.S.C. §9601, et seq .; the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq .; the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §6901, et seq .; the Toxic Substances Control Act, 15 U.S.C.S. §2601, et seq. ; the Clean Water Act, 33 U.S.C. §1251, et seq .; the Insecticide, Fungicide, Rodenticide Act, 7 U.S.C. §136, et seq .; the Superfund Amendments and Reauthorization Act, 42 U.S.C. §6901, et seq .; the Clean Air Act, 42 U.S.C. §7401, et seq .; the Safe Drinking Water Act, 42 U.S.C. §300f, et seq .; the Solid Waste Disposal Act, 42 U.S.C. §6901, et seq .; the Surface Mining Control and Reclamation Act, 30 U.S.C. §1201, et seq .; the Emergency Planning and Community Right to Kn ow Act, 42 U.S.C. §11001, et seq .; the Occupational Safety and Health Act, 29 U.S.C . §§655 and 657; the Hazardous Waste Control Act, California He alth and Safety Code (“H.&S.C.”) §25100, et seq .; the Hazardous Substance Account Act, H.&S.C.§253 30, et seq .; the California Safe Drinking Water and Toxic Enforcemen t Act, H.&S.C. §25249.5, et seq .; the Underground Storage of Hazardous Substances, H. &S.C. §25280, et seq. ; the Carpenter-Presley-Tanner Hazardous Substance Account Act, H.&S.C. §25300, et seq .; the Hazardous Waste Management Act, H.&S.C. §25170. 1, et seq .; the Hazardous Materials Response Plans and Inventory, H.&S.C. §25 001, et seq .; the Porter-Cologne Water Quality Control Act, Water Code §13000, et seq ., all as they may from time to time be amended; and
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7 b. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regul ated, or for which liability for misuse arises pursuant to any other federal, state or loca l statute, law, ordinance, resolution, code, rule, regulation, order or decree due to its hazardous, toxic or dangerous nature.

SECTION 5. RECORDS AND DOCUMENTS

5.1 Accounting Records .

5.1.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all expenses i ncurred under this Agreement. Any and all such documents or records shall be maintain ed in accordance with generally accepted accounting principles and shall be suffici ently complete and detailed so as to permit an accurate evaluation of the Services provi ded by Contractor pursuant to this Agreement. All such records shall be clearly identifiable.

5.1.2 Inspection and Copying. Contractor shall all ow a representative of City during normal business hours to examine, audit , and make transcripts or copies of such records and any other documents created pursua nt to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. At no cost to City, Contractor shall pro vide copies of such documents or records directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor’s address ind icated for receipt of notices in this Agreement.

5.2 Ownership of Documents . All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes , computer files, files and other documents prepared, developed or discovered by Cont ractor in the course of providing the Services shall become the sole property of City and may be used, reused or otherwise disposed of by the City without the permi ssion of the Contractor. Upon completion, expiration or termination of this Agree ment, Contractor shall turn over to City all such original maps, models, designs, drawi ngs, photographs, studies, surveys, reports, data, notes, computer files, files and other documents SECTION 6. INSURANCE

6.1 Maintenance of Insurance . Prior to the beginning of and throughout the term of this Agreement, Contractor will maintain in surance in conformance with requirements established by City for the type of Se rvices being performed. Contractor acknowledges that prior to the Effective Date of th is Agreement, City provided to Contractor the applicable insurance requirements, a copy of which are attached hereto as Exhibit “E” [Insurance]. Contractor acknowledge s that the insurance coverage and policy limits provided by City constitute the minim um amount of coverage required. Any insurance proceeds in excess of the limits and cove rage required in this Agreement and which are applicable to a given loss, will be available to the City. 157

8 6.2 Subcontractors Insurance . Contractor agrees to ensure that subcontractors, and any other party involved in the performance of the Services by Contractor, provide the same minimum insurance cove rage required of Contractor.

Contractor agrees to monitor and review all such co verage and assumes all responsibility for ensuring that such coverage is p rovided in conformity with the requirements of this section. Contractor agrees th at upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.

6.3 Modification of Insurance Provisions . The City Manager may make reasonable amendments to the insurance requirements of this section, with the written concurrence of the Finance Director or Risk Manager , in accordance with Section 9.19 [Administration and Implementation] after consideri ng the Scope of Services, potential liabilities, and the required level of insurance to adequately protect the City.

SECTION 7. BONDS

7.1 Performance and Payment Bonds . If required by law or specifically required by City as set forth in Exhibit “D” [Bonds Required], attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with Contractor’s execution of this Ag reement, but in no event later than the Effective Date of this Agreement, a Performance Bond and/or a Payment Bond in the amount of the total, not-to-exceed compensation indicated in Exhibit C, and in a form provided or approved by the City.

7.2 Bond Provisions . Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfa ctory, Contractor shall renew or replace the affected bond within 10 days of receivi ng notice from City. In the event the surety or Contractor intends to reduce or cancel an y required bond, at least thirty (30) days prior written notice shall be given to the Cit y, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to e xpiration of the original bonds. No further payments shall be deemed due or will be mad e under this Agreement until any replacement bonds required by this section are acce pted by the City. To the extent, if any, that the total compensation is increased in ac cordance with the Agreement, the Contractor shall, without further notice from City, cause the amount of the bonds to be increased accordingly and shall promptly deliver sa tisfactory evidence of such increase to the City. To the extent available, the bonds sh all further provide that no change or alteration of the Agreement (including, without lim itation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety.

7.3 Surety Qualifications . Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Sect ion 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a Cal ifornia-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is 158

9 in conformance with Section 995.660 of the Californ ia Code of Civil Procedure, and proof of such is provided to the City.

SECTION 8. TERMINATION.

8.1 Termination by City . City may, by written notice to Contractor, termi nate with or without cause, and without any prior notice of default or right to cure by Contractor, the whole or any part of this Agreement at any time and by giving written notice to Contractor of such termination, and speci fying the effective date thereof, at least five (5) days before the effective date of su ch termination. Upon termination, Contractor shall be compensated only for those non- disputed Services that have been adequately rendered to City, and Contractor shall b e entitled to no further compensation.

8.2 Termination by Contractor . Contractor may, by written notice to City, terminate this Agreement based upon City’s failure to timely cure a default under this Agreement as provided herein. At least forty-five (45) days prior to termination, Contractor shall provide City with a written notice specifying City’s alleged default and providing City with a forty-five (45) day period to cure the default. Should City timely cure such default, the Agreement shall continue. Should City fail to timely or adequately cure such default, Contractor may terminate this Ag reement by issuance of written notice to City.

SECTION 9. GENERAL PROVISIONS

9.1 Assignment or Transfer . Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, t his Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shal l acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

9.2 Loss and Damage . Contractor shall be responsible for all loss and damage which may arise out of the nature of the Ser vices agreed to herein, or from the action of the elements, or from any unforeseen diff iculties which may arise or be encountered in the prosecution of the Services unti l the same is fully completed and accepted by City.

9.3 Liquidated Damages . The Parties agree that City has a legitimate interest in ensuring that Contractor provides the S ervices (including performance of all duties and responsibilities) required under this Ag reement in a consistent and reliable manner, and that Contractor’s failure to timely pro vide such Services or to provide them in an inadequate manner will cause City to suffer d amages and that it is, and will be, impractical and extremely difficult to ascertain an d determine the exact amount of damages or to calculate actual damages. Therefore, in addition to City’s right to treat such non-performance as a material breach of, and t o terminate, this Agreement, the Parties agree that liquidated damages, as provided herein, represent a reasonable estimate of the monetary damages that reasonably co uld be anticipated and that proof 159

10 of actual damages would be costly or impractical. The Parties specifically confirm the accuracy of the statements made above and the fact that each Party has had ample opportunity to consult with legal counsel and obtai n an explanation of the liquidated damage provisions at the time that the Agreement wa s made. Therefore, in lieu of actual damages, Contractor is subject to payment of $500 per failure to perform, per day. City may, at its election, deduct any assesse d liquidated damages from payment due, or that will become due, to Contractor from City.

9.4 Excusable Delays . Contractor shall not be liable for damages, incl uding liquidated damages, if any, caused by delay in perf ormance of failure to perform due to causes beyond the control of Contractor. Such caus es include, but are not limited to, acts of God, acts of the public enemy, acts of fede ral, state or local governments, acts of City, court orders, fires, floods, epidemics, st rikes, embargoes, and unusually severe weather. The term and price of this Agreement shal l be equitably adjusted for any delays due to such causes.

9.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of the Agreement.

9.6 Governing Law. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Riverside. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Eastern Division of the Central District of California, located in Riverside, California.

9.7 Integration . This Agreement, including the attached Exhibits “A” through “F” and other Contract Documents, is the entire, co mplete, final and exclusive expression of the parties with respect to the matte rs addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral o r written, made by any party which are not embodied herein shall be valid and binding.

9.8 Severability. If a term, condition or covenant of this Agreement is declared or determined by any court of competent ju risdiction to be invalid, void or unenforceable, the remaining provisions of this Agr eement shall not be affected thereby and the Agreement shall be read and construed witho ut the invalid, void or unenforceable provision(s).

9.9 Prohibited Interests . Contractor represents and warrants that it has n ot employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration continge nt upon or resulting from the award or making of this Agreement.
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11 9.10 Amendments . No amendment to or modification of this Agreemen t shall be valid unless made in writing and approved by Con tractor and City. The City Manager shall have the authority to approve any ame ndment to this Agreement if the total compensation under this Agreement, as amended , would not exceed 110% of the compensation amount set forth in Exhibit B. All ot her amendments shall be approved by the City Council. The Parties agree that the re quirement for amendments or modifications to be in writing cannot be waived and that any attempted waiver shall be void.

9.11 No Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

9.12 Delivery of Notices . All notices required or permitted to be given un der this Agreement shall be in writing and shall be giv en to the respective parties at the email addresses or physical addresses listed in Exh ibit “D”, or at such other address as the respective parties may provide in writing for t his purpose. Such notice shall be deemed made when emailed or personally delivered or forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepa id and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

9.13 Binding Effect . This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

9.14 Waiver . Waiver by any Party to this Agreement of any term , condition, or covenant of this Agreement shall not constitute a w aiver of any other term, condition, or covenant. Waiver by any Party or any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acce ptance by City of any Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.

9.15 Attorney’s Fees, Costs and Expenses . In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other procee ding shall be entitled to an award of reasonable attorney’s fees and Costs and Expenses, in addition to any other relief to which it may be entitled.

9.16 Subcontracting . Contractor shall not subcontract any portion of the Services, except as expressly stated herein, withou t prior written approval of City.

Subcontracts, if any, shall contain a provision mak ing them subject to all provisions of this Agreement.

9.17 Counterparts . This Agreement may be signed in counterparts, ea ch of which shall constitute an original.

9.18 Authority to Execute. The person or persons executing this Agreement on behalf of Contractor represents and warrants tha t he/she/they has/have the authority 161

12 to so execute this Agreement and to bind Contractor to the performance of its obligations hereunder.

9.19 Administration and Implementation. This Agreement shall be administered and executed by the City Manager or his or her designated representative.

The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with the City Manager’s contracting auth ority under the Eastvale Municipal Code.

IN WITNESS WHEREOF , the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF EASTVALE CONTRACTOR:

________________________________ _________________ _____________ Mark Orme, City Manager By: _______________________ ____ Its: ___________________________
ATTEST:
______________________________
By: __________________________
________________________________ Its: ____________ ______________ Marc Donohue, City Clerk
APPROVED AS TO FORM:

________________________________
Erica Vega, City Attorney

162

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )

On ____________________, 20__, before me, , Date Name And Title Of Officer (e.g. “Jane Doe, No tary Public”) personally appeared , Name of Signer(s) who proved to me on the basis of satisfactory evide nce to be the person(s) whose name(s) is/are subscribed to the wi thin instrument and acknowledged to me that he/she/they executed th e same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or th e entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws o f the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL

Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.

CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF AT TACHED DOCUMENT Signer's
Name:

¨ Individual
¨ Corporate Officer

Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney -In -Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document

Signer(s) Other Than Named Above
163

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )

I certify under PENALTY OF PERJURY under the laws o f the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL

Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.

CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF AT TACHED DOCUMENT Signer's
Name:

¨ Individual
¨ Corporate Officer

Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney -In -Fact Number Of Pages
¨ Trustee(s)
¨ Gu ardian/Conservator
¨ Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document

Signer(s) Other Than Named Above
164

EXHIBIT “A”

SCOPE OF SERVICES

165
166

EXHIBIT “B”

COMPENSATION

167
PROJECT:

CONTACT: CONTRACTOR:

E-MAIL ATTENTION:

DATE: FAX:

Plans & Specs: Yes X No Bondable: Yes X No
Installed: Yes X No Rate: 0.74% (N.T.E. 24 Months)
Tax Included: Yes X No DBE/SBE Yes X No
Union: Yes X No Addendum:

Alcorn Fence Company is signatory to Laborers and Operating Engineers unions.

ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT
1 2
Exclusions: Design Services- Engineering Calculations
Bond Premium (0.74%) & Bond Overruns
Location of Private Underground Utilities not Indicated in or on Project Plans
Damage to Underground Utilities not properly located by Other Forces
Maintenance of Installed Items
Concrete and/or Asphalt coring or saw cutting Permits
Job Specific Training and/or Badging Removal of Dirt / Dirt Spoils Accepted: Date:

Print Name Title
[email protected]

2.27.23 City of Eastvale - Public Works

ALCORN FENCE COMPANY
6445 PEDLEY ROAD, RIVERSIDE, CA 92509
T: (951) 685-5871 | (800) 824-8502F: (951) 685-1641
CSLB No. 122954 EXPIRES: 2/29/24 DBE/SBE No.50904
DIR No. 1000001986 EXPIRES: 6/30/25
Christopher Koontz
City of Eastvale - Guardrail Repair
Jesse Madrigal
Optional
CLARIFICATIONS: Bid contingent upon approval of surety on Bonded Projects and Alcorn Fence Co. Credit Dept. All costs incurred by Alcorn Fence prior to cancellation of Executed Contract or Subcontract will be billed to client for reimbursement.

Clarifications, Exclusions and/or conditions of this submission to be integrated into all subcontract agreements.

Bond rate is subject to additional monthly charges after Twenty-Four (24) Months on the NW corner of Bellegrave Ave I-15 FWY overpass
Remove & Repalce Damaged MBGR
on the SW corner of Bellegrave Ave I-15 FWY Overpass
Lump Sum 26,250.00
In-Kind as directed by City of Eastvale
Lump Sum
312.5'
Remove & Repalce Damaged MBGR 62.50
In-Kind as directed by City of Eastvale
12,680.00
$38,930.00
Traffic Control Included
Traffic Control Included
Structural Calculations & Engineering
PRICE IS GOOD FOR SIXTY (60) DAYS
Concrete Anchor Block for WB-31
Engineering, Surveying, Staking, and Layout
Clearing and Grading
Alcorn shall notify Underground Service Alert forty-eight (48) business hours prior to any excavation. However, Alcorn shall not be responsible for damage to underground facilities not properly and accurately shown on contract plans, as-builts, and/or identified by forces other than Alcorn's
Patching and Restoration. Backfill & Compaction.

Welding QC Manager and/or Plan
MBGR, In-Line Terminal System, & Bridge Transition Railing to be replaced in-kind.

DBE/SBE Participation applies only to scopes of work covered under NAISC Code 332323 If notice to proceed is given and job not ready when crew arrives, or if erection is suspended at the customer's request, the expense of time and travel to return to complete the job is to be charged to customer.

This proposal, when signed by the purchaser and accepted by Alcorn Fence Company becomes a contract and is not subject to cancellation.

Terms: Net 30 days. If payment is not made as herein provided, purchaser agrees to pay all costs of collection, including reasonable attorney's fees and legal interest from due date until paid.

Signature
REV. 09/23/2022 JL 168

EXHIBIT “C”

REPRESENTATIVES

CITY’S REPRESENTATIVE
City of Eastvale
Chuck Stagner
Public Works Superintendent
Attn: Chuck Stanger
2363 Limonite Ave #910
Eastvale, CA 91752
Phone: (951) 361-0900
Email Address: [email protected]

CONTRACTOR’S REPRESENTATIVE
[Type in Information for Contractor ]

169

EXHIBIT “D”

BONDS REQUIRED

No Bonds Required
170

EXHIBIT “E”

INSURANCE REQUIREMENTS FOR CITY OF EASTVALE

The City requires a certificate of insurance, inclu ding an underwriter’s endorsement, prior to commencement of the Services.

The insurance policies are to include additional en dorsements that contain the following provisions:

1. That the City of Eastvale and its respective ele cted officials, officers, employees, agents and representatives are additional insureds under the policy;

2. The policies are primary and non-contributory to any insurance that may be carried by City;

3. The City is entitled to thirty (30) days’ prior written notice of cancellation, material reduction, or non-renewal of the policy or policies.

4. The insurance shall be carried only by responsib le insurance companies that have rated “A-” and “V” or better by the A.M. Best Key R ating Guide, that are licensed to do business in the State of California. City will acc ept insurance provided by non- admitted “surplus lines” carriers only if the carri er is authorized to do business in the State of California.

Only the following “marked” requirements are applicable:

X Commercial General Liability (CGL): Insurance written on an occurrence basis to protect Contractor and City against liability or cl aims of liability which may arise out of this Agreement in the amount of one million dollars ($1, 000,000) per occurrence and subject to an annual aggregate of two million dollars ($2,000, 000). There shall be no endorsement or modification of the CGL limiting the scope of cover age for either insured vs. additional insured claims or contractual liability. All defen se costs shall be outside the limits of the policy.

X Vehicle Liability Insurance: Contractor shall also procure and shall maintain during the term of this Agreement vehicle liability insura nce in an amount not less than $1,000,000 for injuries, including accidental death, to any on e person, and subject to the same minimum for each person, in an amount not less than one mil lion dollars ($1,000,000) for each accident, and property damage insurance in an amoun t of not less than one million dollars ($1,000,000).

X Workers’ Compensation Insurance: For all of Contractor’s employees who will provide Services under this Agreement and to the ex tent required by applicable state or 171

federal law, Contractor shall keep in full force and effect a Workers’ Compensation policy that includes a minimum of one million dollars ($1,000,0 00) of employers’ liability coverage.

Contractor shall provide an endorsement that the in surer waives the right of subrogation against the City and its respective elected officia ls, officers, employees, agents and representatives. In the event a claim under the pr ovisions of the California Workers’ Compensation Act is filed against City by a bona fi de employee of Contractor participating under this Agreement, Contractor is to defend and indemnify the City from such claim.

172

Eastvale City CouncilMarch 8, 2023

Eastvale City Council
March 8, 2023