Amendment No. 1 to Agreement No. 2025-097 with Beyond Heating and Air, Inc. for the Provision of Heating, Ventilation, and Air Conditioning Maintenance Services at Various City-Owned Facilities

Agenda Item A.4

CPMS CONSENT CALENDAR
Meeting Date: September 15, 2026
TO: Mayor and Councilmembers
SUBMITTED BY: Matthew R. Fore, General Services Director SUBJECT: Amendment No. 1 to Agreement No. 2025-097 with Beyond Heating and Air, Inc. for the Provision of Heating, Ventilation, and Air Conditioning Maintenance Services at Various City-Owned Facilities RECOMMENDATION:

Authorize the City Manager to execute Amendm ent No. 1 to Agreement No. 202 5-097 with Beyond Heating and Air , Inc. for the provision of heating, ventilation, and air conditioning (HVAC) services at various City -owned properties, increasing the contract authority by $11,790 for a total not-to-exceed amount of $126,750 and adding the Goleta Train Station, located at 27 South La Patera Lane.

BACKGROUND:

The City of Goleta owns and manages a portfolio of facilities. City Hall, Goleta Community Center, Goleta Valley Library, and the Public Works Corpora tion Yard possess HVAC systems that require routine maintenance and periodic repair. On September 16, 2025, City Council authorized the City to execute an agreement with Beyond Heating and Air, Inc. (Beyond Air) to provide HVAC services to these facilities, with a not to exceed amount of $114,960 and an initial term ending September 30, 2028 (Attachment 2) . As construction of the new Goleta Train Station nears completion, staff proposes amending the agreement with Beyond Air to add this new facility to the inventory of City -owned facilities to be serviced.

DISCUSSION:

The proposed Amendment No. 1 (Attachment 1) adds the Goleta Train Station (Amtrak) to the inventory of City -owned facilities listed i n Exhibit A, Scope of Work, to the Agreement. The proposed amendment also increases vendor compensation accordingly.

Beyond Air has consistently fulfilled its contractual obligations in maintaining all HVAC equipment throughout various City-owned facilities and is in good standing with the City.

The amendment does not extend the agreement’s term, which expires September 30, 2028.
1 Meeting Date: September 15, 2026

Page 2 of 2 ends

GOLETA STRATEGIC PLAN:

City-Wide Initiative: 5 – Strengthen Infrastructure
Strategic Goal : 5.4 - Protect and maintain our City-owned facilities and critical operational assets.

FISCAL IMPACTS:

Amendment No. 1 increases the Agreement’s not-to-exceed amount by $11,790, from $114,960 to $126,750, to provide approximately two years of HVAC maintenance and repair services at the Goleta Train Station. Sufficient budget exists in the Adopted Fiscal Year 2026-27 Goleta Train Station Program 1811 Budget to cover the co st associated with this amendment.

ALTERNATIVES:

City Council may choose not to authorize the proposed contract amendment and provide staff with an alternative direction. However, doing so would result in a significant and prolonged disruption of HVAC services at the Goleta Train Station , which could impact the lifespan of HVAC equipment at this facility.

LEGAL REVIEW BY: Isaac Rosen, City Attorney

APPROVED BY: Robert Nisbet, City Manager

ATTACHMENTS:

1. Amendment No. 1 to Agreement No. 2025-097 with Beyond Heating and Air, Inc.

2. General Services Agreement No. 2025-097 with Beyond Heating and Air, Inc. 2 ATTACHMENT 1
Amendment No. 1 to Agreement No. 2025-097 with Beyond Heating and Air, Inc.

3 City of Goleta
Amendment No. 1 to Agreement No. 2025-097

Page 1 of 10 ends

AMENDMENT NO. 1

TO A GENERAL SERVICES AGREEMENT

BETWEEN THE CITY OF GOLETA
AND
BEYOND HEATING AND AIR, INC.

This Amendment No. 1 to the General Services Agreement by and between the City of Goleta , a municipal corporation (“ City”) and B eyond H eating and A ir, Inc . (“Service Provider ”) dated 16 th day of September 2025 (“Agreement,” Agreement No. 2025-097) is made on this _____ day of ______, 20____.

SECTION A. RECITALS

1. T his Agreement is for HVAC Maintenance and Repair Services for Various City Facilities; and

2. T he Agreement currently provides for the total compensation amount not to exceed $114,960; and

3. T he parties desire to amend the Agreement so as to provide for additional compensation in the amount of $11,790 for additional tasks; and

4. T he Agreement currently provides in Exhibit A entitled “Scope of Work” the complete and particular description of services; and

5. T he parties desire to amend Exhibit A by adding additional services as more completely and particularly set forth in the Scope of Work, attached as Exhibit "A-1"; and

6. T he Agreement currently provides in Exhibit B entitled “Schedule of Fees” the hourly rates; and

7. T he parties desire to amend Exhibit B of the Agreement to identify the new hourly rates, attached as “Exhibit B-1”; and

8. T he City Council approved this Amendment No. 1, on this _____ day of ____, 20_____.

Docusign Envelope ID: A6CF433D-839E-820D-8109-ED292630490A 4 City of Goleta
Amendment No. 1 to Agreement No. 2025-097

Page 2 of 10 ends

SECTION B. AMENDED TERMS

Now therefore City and Service Provider agree that the Agreement be, and hereby is, amended as follows:

1. S ubsection (a) of Section 2 . COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $11,790 and to read in its entirety:
(a) Maximum and Rate. The total compensation earned by or payable to the Service Provider, by the City, for any and all services under this A greement are estimated to be $126,750, and SHALL NOT EXCEED the sum of $126,750 (herein "not-to-exceed amount") and shall be earned on the following basis:

At the rates and with reimbursement to the Service Provider for those expenses set forth in Service Provider's Schedule of Fees marked Exhibit "B -1," attached and incorporated
herein.

2. This Agreement is amended to delete and replace in its entirety:

Exhibit A “Scope of Work ” with Exhibit A-1 “Scope of Work” attached hereto and incorporated herein.

3. This Agreement is amended to delete and replace in its entirety:

Exhibit B “ Schedule of Fees ” with Exhibit B -1 “Schedule of Fees ” attached hereto and incorporated herein.

4. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect.

Docusign Envelope ID: A6CF433D-839E-820D-8109-ED292630490A 5 City of Goleta
Amendment No. 1 to Agreement No. 2025-097

Page 3 of 10 ends

In concurrence and witness whereof, this Amendment No. 1 has been executed by the parties effective on the date and year first above written.

CITY OF GOLETA BEYOND HEATING AND AIR, INC.

____________________________ ______________________________ Robert Nisbet, City Manager Anthony Ferrera, Owner,VP

ATTEST:

_____________________________ ______________________________ Deborah Lopez, City Clerk Ana Cantero, Office Administrator

APPROVED AS TO FORM:

ISAAC ROSEN, CITY ATTORNEY

_____________________________
Scott Shapses, Deputy City Attorney

Docusign Envelope ID: A6CF433D-839E-820D-8109-ED292630490A 6 City of Goleta
Amendment No. 1 to Agreement No. 2025-097

Page 4 of 10 ends

EXHIBIT A-1

SCOPE OF WORK

1. QUARTERLY HVAC PREVENTATIVE MAINTENANCE

Contractor shall provide comprehensive HVAC preventative maintenance services quarterly (four times per year) during standard business hours of 8:00 a.m. to 4:00 p.m., Monday through Friday, excluding City-observed holidays.

Service Tasks
• Inspect and replace air filter(s) with MERV 13 or higher filters each quarter. • Inspect and clean indoor evaporator coils, outdoor condenser coils, and all condensate drains and pans.
• Inspect blower motors, belts, and wheels for wear and cleanliness. Clean and replace as needed.
• Inspect and tighten electrical connections. Verify operation during the cooling season.
• Remove any debris (leaves, insects) from top covers and surrounding outdoor unit areas.
• Inspect furnace operation including startup, ignition, and shutdown cycles. • Remove burner assembly (where applicable); clean orifices, burners, and tubes of dirt, debris, and cobwebs.
• Reassemble the burner assembly, test gas pressure, and verify all safety switches.
• Inspect and test all thermostats for correct settings and functionality.

Locations For Quarterly HVAC Preventative Maintenance
• City Hall – 130 Cremona Drive, Goleta, CA 93117
• Goleta Valley Main Library – 500 North Fairview Avenue, Goleta, CA 93117.

Currently closed for construction; service will commence upon site reopening in mid-2027
• Goleta Valley Library Express (IT room only) – 6500 Hollister Ave, Goleta CA 93117. Temporary Library site. Service to end upon main Library reopening in mid-2027
• Corporation Yard – 6735 Hollister Avenue, Goleta, CA 93117 • Former Goleta Senior Center Office – 5679 Hollister Avenue, Goleta, CA 93117 • Amtrak Train Station – 27 S. La Patera Lane, Goleta, CA 93117

2. ANNUAL GAS FURNACE PREVENTATIVE MAINTENANCE

The Goleta Community Center and its tenants; CommUnify and Rainbow School, require annual gas furnace preventative maintenance and the work should occur in the month of November.

Docusign Envelope ID: A6CF433D-839E-820D-8109-ED292630490A 7 City of Goleta
Amendment No. 1 to Agreement No. 2025-097

Page 5 of 10 ends

Service Tasks
• Inspect heat exchangers for cracks, corrosion, and signs of deterioration. • Clean and adjust burner assembly.
• Inspect gas pressure and burner flame operation.
• Inspect, clean, and test flue and venting systems for proper draft. • Lubricate all moving parts including motors and bearings. • Check thermostat calibration and function.
• I nspect and tighten electrical connections.
• Test all limit switches, safety controls, and complete a full operational system check.

Locations For Annual Gas Furnace Preventative Maintenance • Goleta Community Center, 5679 Hollister Avenue, Goleta, CA 93117 • CommUnify, 5681 Hollister Ave, Goleta, CA 93117
• Rainbow School, 5689 Hollister Ave, Goleta, CA 93117

3. ANNUAL EXHAUST FAN MAINTENANCE

Annual maintenance of exhaust fans at all City facilities.

Service Tasks
• Inspect exhaust fan blades for wear and buildup.
• Clean fan blades, housing, and internal components of dust and debris. • Lubricate all moving components including motors and bearings. • Check and adjust belt tension; replace belts if worn. • Inspect and tighten electrical connections.
• Test fan motors and control systems for proper operation. • Verify all control and safety devices are functioning properly. •
Locations for Annual Exhaust Fan Maintenance:
• City Hall, 130 Cremona Drive, Goleta, CA 93117
• Corporation Yard, 6735 Hollister Avenue, Goleta, CA 93117 • Goleta Community Center, 5679 Hollister Avenue, Goleta, CA 93117 • Amtrak Train Station – 27 S. La Patera Lane, Goleta, CA 93117

4. GENERAL AND EMERGENCY REPAIRS

Contractor shall be available to perform HVAC system repairs including diagnostics, replacement, and/or repair of:
• Bearings, seals, and actuators
• Electric motors, motor starters, and relays
• Igniters, burners, and flame sensors
• Thermostats, control boards, and sensors
• Dampers, valves, and refrigerant controls
Docusign Envelope ID: A6CF433D-839E-820D-8109-ED292630490A 8 City of Goleta
Amendment No. 1 to Agreement No. 2025-097

Page 6 of 10 ends

Repair Protocol
Contractor shall perform a diagnostic assessment and submit a written report detailing:
• Nature of the issue
• Recommended action
• I temized list of parts and materials
No charges shall be incurred for this diagnostic unless the repair is approved. All work outside of preventative maintenance shall be categorized as Extraordinary Maintenance and shall require pre-authorization from a representative in the City’s General Services department.

Contractor shall respond to miscellaneous service calls and provide basic troubleshooting. The City expects an initial response within 1–2 business days of the service call.

5. EMERGENCY RESPONSE

• Contractor must respond to emergency service requests within four (4) hours of initial notification.
• Emergency service includes system failures that impact building occupancy, life safety, or critical operations.
• Work performed under emergency conditions will be billed in accordance with the hourly rates stated below.

6. REPORTING AND DOCUMENTATION

A detailed Service Report shall be submitted to the City within 3 business days following each visit. Reports must include:
• Work performed
• Issues observed
• Recommendations for follow-up or repair

An Annual Equipment Inventory Report shall be maintained, including:
• Make, model, serial number
• Location of each unit
• Date of last service

7. COMPLIANCE AND SAFETY

• Contractor shall follow all local, state, and federal regulations regarding HVAC maintenance, refrigerant handling, and hazardous material disposal. • Contractor shall obtain all necessary permits for any work that requires them. • All personnel must be properly trained and certified to perform the work outlined in this contract.

Docusign Envelope ID: A6CF433D-839E-820D-8109-ED292630490A 9 City of Goleta
Amendment No. 1 to Agreement No. 2025-097

Page 7 of 10 ends

EXHIBIT B-1

SCHEDULE OF FEES

1. PREVENTATIVE MAINTENANCE COST BREAKDOWN

Preventative Maintenance Services - Cadence Cost Per Service City Hall HVAC PM - Quarterly $ 1,815.00 Corp Yard HVAC PM - Quarterly $ 220.00 GVL Express HVAC PM - Quarterly $ 110.00 GCC HVAC PM - Quarterly $ 110.00
Amtrak Train Station HVAC PM – Quarterly $ 440.00 City Hall Exhaust Fan PM - Annual $ 440.00 Corp Yard Exhaust Fan PM - Annual $ 110.00 GCC Exhaust Fan PM - Annual $ 880.00
Amtrak Train Station Exhaust Fan PM – Annual $ 110.00 GCC Annual Furnace PM - Annual $ 1,100.00

Material Markup Rate 10%
Material Annual Cost Estimate ($6,930 estimate) $ 7,625.00 Total Annual Estimated Cost $ 21,045.00
Total 3-year Contract Term Estimated Cost
(Amtrak Train Station Services for 2 years) $ 60,240.00

2. GENERAL AND EMERGENCY COST BREAKDOWN

Estimate calculated based on the two-year average run rate of historical repairs conducted at each site.

General And Emergency Repairs By Location Annual Estimate City Hall $ 9,100.00
Corp Yard $ 1,200.00
GVL Express $ 1,000.00
GCC $ 8,870.00
Amtrak Train Station $ 3,000.00
Total Annual Estimated Cost $ 23,170.00
Total 3-year Contract Term Estimated Cost
(Amtrak Train Station Services for 2 years) $ 66,510.00

Docusign Envelope ID: A6CF433D-839E-820D-8109-ED292630490A 10 City of Goleta
Amendment No. 1 to Agreement No. 2025-097

Page 8 of 10 ends

3. TIME AND MATERIAL RATES
Q

UARTERLY HVAC PREVENTATIVE MAINTENANCE (PM)
HV

AC PM - CITY HALL QUARTERLY SERVICE
CLASSIFICATION (e.g.,
Journeyman)
HOURLY
RATE

HOURS PER

QUARTER
Journeyman $ 110.00 16.5
MATERIAL MARK UP % 10
HV
AC PM – CORP YARD QUARTERLY SERVICE
CLASSIFICATION (e.g.,
Journeyman)
HOURLY
RATE

HOURS PER

QUARTER
Journeyman $ 110.00 2
MATERIAL MARK UP % 10
HV
AC PM – GVL EXPRESS QUARTERLY SERVICE
CLASSIFICATION (e.g.,
Journeyman)
HOURLY
RATE

HOURS PER

QUARTER
Journeyman $ 110.00 1
MATERIAL MARK UP % 10
HV
AC PM – GCC QUARTERLY SERVICE
CLASSIFICATION (e.g.,
Journeyman)
HOURLY
RATE

HOURS PER

QUARTER
Journeyman $ 110.00 1
$
$
MATERIAL MARK UP % 10
HV
AC PM – AMTRAK TRAIN STATION
CLASSIFICATION (e.g.,
Journeyman)
HOURLY
RATE

HOURS PER

QUARTER
Journeyman $ 110.00 4
$
$
MATERIAL MARK UP % 10
Docusign Envelope ID: A6CF433D-839E-820D-8109-ED292630490A 11 City of Goleta
Amendment No. 1 to Agreement No. 2025-097

Page 9 of 10 ends

ANNUAL EXHAUST FAN PREVENTATIVE MAINTENANCE (PM)

EXHAUST FAN PM – CITY HALL ANNUAL SERVICE
CLASSIFICATION (e.g.,
Journeyman)
HOURLY
RATE

HOURS PER
YEAR
Journeyman $ 110.00 4
MATERIAL MARK UP % 10

EXHAUST FAN PM - CORP YARD ANNUAL SERVICE
CLASSIFICATION (e.g.,
Journeyman)
HOURLY
RATE

HOURS PER
YEAR
Journeyman $ 110.00 1
$
$
MATERIAL MARK UP % 10

EXHAUST FAN PM - GCC ANNUAL SERVICE
CLASSIFICATION (e.g.,
Journeyman)
HOURLY
RATE

HOURS PER
YEAR
Journeyman $ 110.00 8
MATERIAL MARK UP % 10

EXHAUST FAN PM - AMTRAK TRAIN STATION
CLASSIFICATION (e.g.,
Journeyman)
HOURLY
RATE

HOURS PER
YEAR
Journeyman $ 110.00 1
$
$
MATERIAL MARK UP % 10

ANNUAL FURNACE PREVENTATIVE MAINTENANCE (PM)

FURNACE PM – GCC ANNUAL SERVICE
CLASSIFICATION (e.g.,
Journeyman)
HOURLY
RATE

HOURS PER
YEAR
Journeyman $ 110.00 10
$
$
MATERIAL MARK UP % 10

Docusign Envelope ID: A6CF433D-839E-820D-8109-ED292630490A 12 City of Goleta
Amendment No. 1 to Agreement No. 2025-097

Page 10 of 10 ends

TIME & MATERIAL RATES (T&M)

T&M RATE – GENERAL & EMERGENCY REPAIRS
CLASSIFICATION (e.g., Journeyman) HOURLY RATE
Journeyman $ 140.00
MATERIAL MARK UP % 10

T&M RATE – OVERTIME GENERAL & EMERGENCY REPAIRS
CLASSIFICATION (e.g., Journeyman OT) HOURLY OT RATE
Journeyman $ 210.00
MATERIAL MARK UP % 10

T&M RATE – AFTER-HOURS GENERAL & EMERGENCY REPAIRS
CLASSIFICATION (e.g., Journeyman after-
hours)

HOURLY AFTER-

HOURS RATE
Journeyman $ 210.00
MATERIAL MARK UP % 10

T&M RATE – HOLIDAY GENERAL & EMERGENCY REPAIRS
CLASSIFICATION (e.g., Journeyman holiday
hours)

HOURLY HOLIDAY
RATE
Journeyman $ 210.00
MATERIAL MARK UP % 10

Docusign Envelope ID: A6CF433D-839E-820D-8109-ED292630490A 13 ATTACHMENT 2
General Services Agreement No. 2025-097 with Beyond Heating and Air, Inc. 14 DOCUMENT ROUTING AND APPROVAL FORM
Requires Council Approval:
☐NO
☐YES
Meeting Date/Item number :

Requires Vendor Set -up:
☐NO
☐YES
If no, Vendor Number:

Director Level Approval:
☐NO
☐YES
Cite Authority:

Provide summary of agreement below:

Document Type (Ex: Professional Desi gn Services): Project Name (Should match agreement ):

Vendor Name:

Contact Person:

Address:

Phone Number:

Email Address:

Business License Number:

City Project Manager:

Contact Number:

Email Address:

Staff Routing Agreement:

Contact Number:

Email Address:

AMOUNT NOT TO EXCEED: ON CALL SERVICES? : ☐NO ☐YES*
*On call s ervices require one spreadsheet to track multiple PO’s COUNCIL APPROPRIATION NEEDED: ☐NO ☐YES*
*May require Budget Analyst’s override to input Requisit ion

ROUTING PROCESS DESCRIPTION DATE INITIAL
Department Head
Initiation
Authority to initiate agreement
Risk Manager Staff to initiate review of insurance provision in agreement City Attorney Contract review /Approve as form
Budget
Analyst/Finance Dept
Funding Methods Approved/Authorized
Purchasing Officer Purchase Requisition
reviewed
Requisition Number:

Staff (docusign user) Staff routes agreement to vendor via DocuSign for electronic signature and requests Insurance documents.

Risk Manager Risk Management shall rate Insurance
City Manager City Manager will approve and sign the agreement.

City Clerk City Clerk will approve and sign the agreement.

Vendor Staff will route a fully executed copy of the agreement to the vendor.

September 16, 2025, Item #A.8 or 25-369
■
003309
City Council and Manager
HVAC maintenance and repair services at
various City facilities.

General Services Agreement
HVAC Maintenance and Repair Services at Various City-Owned Facilities Beyond Heating and Air, Inc.
$114,960
26GS045
Anthony Ferrara
75 Robin Hill Road
805-331-0981
[email protected]
16264
Fred Kim
805-690-5130
[email protected]
James Esparza
805-562-0361
[email protected]
Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 9/18/2025
9/18/2025
9/18/2025
9/19/2025
9/19/2025
9/22/2025
9/22/2025
9/22/2025
9/26/2025
9/30/2025
15 City of Goleta
General Services Agreement with Beyond Heating and Air, Inc.

Page 1 of 18 ends

Project Name: HVAC Maintenance And Repair Services
For Various City Facilities

AN AGREEMENT FOR GENERAL SERVICES

BETWEEN THE CITY OF GOLETA
AND
BEYOND HEATING AND AIR, INC.

THIS GENERAL SERVICES AGREEMENT (“Agreement”), made and entered into this ____ day of ________, 2025, by and between the CITY OF GOLETA, a municipal corporation (hereinafter referred to as "City"), and BEYOND HEATING AND AIR , INC., a California Corporation (hereinafter referred to as "Service Provider").

SECTION A. RECITALS

1. This Service Provider will be providing HVAC Maintenance and Repair services in conjunction with the HVAC Maintenance And Repair For Various City Facilities project; and

2. Service Provider represents that it is sufficiently experienced and capable of
providing the services agreed to herein and are sufficiently familiar with the needs of the City; and

3. Service Provider was recommended for award of this Agreement in compliance with Goleta Municipal Code Section 3.05.080; and

4. The City Council, on this _____ day of _______, 2025, approved this Agreement and authorized the City Manager to execute the Agreement.

SECTION B. TERMS

1. RETENTION OF SERVICE PROVIDER
City hereby retains Service Provider, and Service Provider hereby accepts such engagement, to perform HVAC maintenance and repair services, as requested, and attached herein as Exhibit “A”. Service Provider warrants it has the qualifications, experience and facilities to properly and timely perform said services.

Docusign Envelope ID: AFF46F64-2B5E-4DAC-88E2-726E2423CE01 16th September
Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 16th
2025-097
September
16 City of Goleta
General Services Agreement with Beyond Heating and Air, Inc.

Page 2 of 18 ends

2. COMPENSATION AND PAYMENT

(a) Maximum and Rate. The total compensation earned by or payable to the Service Provider, by the City, for any and all services under this Agreement SHALL NOT EXCEED the sum of $ 114,960, comprised of a base amount of $54,450 for regular preventative maintenance and compensation for general and emergency service calls or Extra Services in the amount of $60,510, and shall be earned on the following basis:

The rates and with reimbursement to the Service Provider for those expenses set forth in Service Provider's Schedule of Fees marked Exhibit "B," attached and incorporated herein.

(b) Payment. All payments shall be made within 30 days after the Service Provider has provided the City with written verification of the actual compensation earned, which written verification shall be in a form satisfactory to the City's Project Manager.

3. CITY PROJECT MANAGER AND SERVICES BY CITY

The services to be performed by the Service Provider shall be accomplished under the general direction of, and coordinate with, the City's "Project Manager", as that staff person is designated by the City from time to time, and who presently is Fred Kim.

4. PROGRESS AND COMPLETION

Project Manager shall assign, in writing, Service Provider with discrete small projects, which shall in no event exceed $10,000 per project. Service Provider shall commence work on the services to be performed on each project as requested and authorized by the Project Manager.

For each discrete job requested by the Project Manager, Service Provider must respond to provide at least an initial assessment of the project. Service Provider will provide an estimate to the Project Manager and only start work upon written authorization from the Project Manager.

5. AGREEMENT PERFORMANCE

Non-Exclusivity. This A greement is non -exclusive. City reserves the right to retain, employ, Agreement with other qualified providers of services during the term of this Agreement on such occasions and in such circumstances as City shall determine are appropriate.

Docusign Envelope ID: AFF46F64-2B5E-4DAC-88E2-726E2423CE01 Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 17 City of Goleta
General Services Agreement with Beyond Heating and Air, Inc.

Page 3 of 18 ends

Ability to Perform. The Service Provider warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any a nd all federal, state, county, c ity, and special district laws, ordinances, and regulations.

Laws to be Observed. The Service Provider shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of Goleta ordinances, regulations and adopted codes during its performance of the work.

Payment of Taxes. The Agreement prices shall include full compensation for all taxes which the Service Provider is required to pay.

Permits and Licenses. The Service Provider shall procure all permits and licenses, pay all charges and fees, and give all notices necessary.

Prevailing Wage. The Service Provider is obligated to pay prevailing wages under the California Labor Code. Service Provider agrees to indemnify, defend and hold City harmless from any claim that prevailing wages should have been paid, and shall be liable for the payment of the same and any penalties thereon. It is the responsibility of the Service Provider to be familiar with the California Labor Code, and failure or neglect of the Service Provider to understand the California Labor Code shall in no way relieve him from any obligations.

Safety Provisions. The Service Provider shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety.

Preservation of City Property. The Service Provider shall provide and install suitable safeguards, approved by City, to protect City property from injury or damage. If City property is injured or damaged as a result of the Service Provider's operations, it shall be replaced or restored at the Service Provider's expense. The facilities shall be replaced or restored to a condition as good as when the Service Provider began work.

Immigration Act of 1986. The Service Provider warrants on behalf of itself and all subcontractor Provider s engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.

Nondiscrimination. The City reaffirms its ongoing commitment to equality in the conduct of City business, and prohibits any policy, plan, program, custom or practice, including harassment, in the conduct of City business. No discrimination Docusign Envelope ID: AFF46F64-2B5E-4DAC-88E2-726E2423CE01 Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 18 City of Goleta
General Services Agreement with Beyond Heating and Air, Inc.

Page 4 of 18 ends

or discriminatory practice shall occur in either employment of persons for, or completion of, the work contemplated by this Agreement, when such discrimination is based on race, color, national origin, or ancestry; religion; sex; gender, gender identity, gender expression, or gender transitioning status; physical disability, mental disability, medical condition, or genetic information; marital or domestic partner status; citizenship status; age; sexual orientation; exercising a legally protected right to an employment leave of absence; status as a victim of domestic violence, sexual assault, or stalking; reproductive health decision -making, or any other classification protected under state or federal law. Among other possible violations of law, a violation o f this section exposes Service Provider to the penalties provided for in Labor Code Section 1735.

Paper Products and Printing Requirements. To the extent this contract provides paper products, and printing and writing paper for the City, Service Provider must meet quality standards and criteria specified in SB 1383, Sections 22150-22154 of the Public Contract Code and 16 Code of Federal Regulations (CFR) Section 260.12 by:
a. If fitness and quality are equal, provide recycled products, instead of nonrecycled products whenever recycled products are available at the same or a lesser total cost than nonrecycled items. b. Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standard as defined in 16 CFR Section 260.12.
c. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
d. Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in 16 CFR Section 260.12.
e. Comply with any other requirements in Goleta Municipal Code Section 8.10.900(B).

Organic Waste Use Requirements . To the extent this contract provides landscaping maintenance, renovation, and construction services, Service Provider must:
a. Use compost and SB 1383 eligible mulch, as practicable, produced from recovered organic waste, for all landscaping renovations, Docusign Envelope ID: AFF46F64-2B5E-4DAC-88E2-726E2423CE01 Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 19 City of Goleta
General Services Agreement with Beyond Heating and Air, Inc.

Page 5 of 18 ends

construction, or maintenance performed for the City, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 eligible mulch used for land application must comply with 14 CCR Section 18993.1 - 18993.4, and must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Sections 17852(a)(24.5)(A)(1) through (3).
b. Keep and provide records of procurement of recovered organic waste products (either through purchase or acquisition) to the City’s Designated Representative, upon completion of projects. Information to be provided must include:
i. General description of how and where the product
was used and if applicable, applied;
ii. Source of product, including name, physical location, and contact information for each entity, operation, or
facility from whom the recovered organic waste
products were procured;
iii. Type of product;
iv. Quantity of each product; and,
v. Invoice or other record demonstrating purchase or
procurement.
c. Comply with all requirements in Goleta Municipal Code Section

8.10.900(A).

Work Delays. Should the Service Provider be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor d ue to federal government restrictions arising out of defense or war programs, then the time of completion may, at City's sole option, be extended for such periods as may be agreed upon by City and the Service Provider. In the event that there is insufficient time to grant such extensions prior to the completion date of the Agreement, City may, at the time of acceptance of the work, waive liquidated damages which may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same.

Docusign Envelope ID: AFF46F64-2B5E-4DAC-88E2-726E2423CE01 Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 20 City of Goleta
General Services Agreement with Beyond Heating and Air, Inc.

Page 6 of 18 ends

Inspection. The Service Provider shall furnish City with every reasonable opportunity for City to ascertain that the services of the Service Provider are being performed in accordance with the requirements and intentions of this Agreement.

All work done and all materials furnished, if any, shall be subject to City's inspection and approval. The inspection of such work shall not relieve Service Provider of any of its obligations to fulfill its Agreement requirements.

Audit. City shall have the option of inspecting and/or auditing all records and other written materials used by Service Provider in preparing its invoices to City as a condition precedent to any payment to Service Provider.

Interests of Service Provider. The Service Provider covenants that it presently has no interest, and shall not acquire any interest, direct or indirect or otherwise, which would conflict in any manner or degree with the performance of the work hereunder. The Service Provider further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Service Provider certifies that no one who has or will have any financial interest in performing this work is an officer or employee of City. It is hereby expressly agreed that, in the performance of the work hereunder, the Service Provider shall at all times be deemed an independent Service Provider and not an agent or employee of City.

6. TERM

This Agreement shall expire on September 30, 2028. The City may elect to extend the term of the agreement for a maximum number of two (2) one (1) year terms by written notification by the City’s Project Manager to the Service Provider within 60 days prior to the expiration date of the agreement.

7. OWNERSHIP OF DOCUMENTS

All drawings, designs, data, photographs, reports and other documentation (other than Service Provider's drafts, notes and internal memorandum), including duplication of same prepared by Service Provider in the performance of these services, shall become the property of the City upon termination of the consulting services pursuant to this Agreement and upon payment in full of all compensation then due Service Provider. If requested by the City, all, or the designated portions of such, shall be delivered to the City. The City agrees to hold the Service Provider harmless from all damages, claims, expenses and losses arising out of any reuse of the plans and specifications for pu rposes other than those described in this Agreement, unless written authorization of the Service Provider is first obtained.

Docusign Envelope ID: AFF46F64-2B5E-4DAC-88E2-726E2423CE01 Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 21 City of Goleta
General Services Agreement with Beyond Heating and Air, Inc.

Page 7 of 18 ends

8. PERSONAL SERVICES/NO ASSIGNMENT/SUBSERVICE PROVIDER

This Agreement is for general services which are personal to City. Anthony Ferrara is deemed to be specially experienced and is a key lead for services provided, and shall be directly involved in performing, supervising or assisting in the performance of this work. This key person shall communicate with, and periodically report to, City on the progress of the work. Should any such individual be removed from assisting in this contracted work for any reason, City may terminate this Agreement. Service Provider must ensure that subcontractors must adhere to all applicable provisions of this Agreement relating to providing services to City. This Agreement is not assignable by Service Provider without City's prior consent in writing.

9. HOLD HARMLESS AND INDEMNITY

(a) Hold Harmless for Service Provider's Damages. The Service Provider holds the City, its elected officials, officers and employees, harmless from all of Service Provider's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to the Service Provider, to the Service Provider's em ployees, to Service Provider’s Service Provider s or subcontractor, or to the owners of the Service Provider's firm, which damages, losses, injuries or liability occur during the work or services required under this Agreement, or occur while Service Provider is in a City building or on City property, or which are connected, directly or indirectly, with the Service Provider's performance of any activity or work required under this Agreement.

(b) Defense and Indemnity of Third-Party Claims/Liability. Service Provider shall investigate, defend, and indemnify the City, its elected officials, officers and employees, from any claims, lawsuits, demands, judgments and all liability including, but not limited to, monetary or property damage, lost profit, personal injury, wrongful death, general liability, automobile, infringement of copyright/patent/trademark, professional errors and omissions arising out of, directly or indirectly, an error, a negligent act or negligent omission of the Service Provider or of Service Provider’s subcontractor, or the willful misconduct of the Service Provider or Service Provider’s Service Provider s/subcontractor, in performing the services described in, or normally associated with, this type of contracted work. The duty to defend shall include any suits or actions in law or equity concerning any activity, product or work required under this Agreement, and also include the payment of all court costs, attorney fees, expert witness costs, investigation costs, claims adjusting costs and any other costs required for and related to such litigation.
(c) Nonwaiver . The City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because Docusign Envelope ID: AFF46F64-2B5E-4DAC-88E2-726E2423CE01 Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 22 City of Goleta
General Services Agreement with Beyond Heating and Air, Inc.

Page 8 of 18 ends

of the acceptance by the City, or the deposit with the City, of any insurance certificates or policies described in section 10.

10. INSURANCE
Service Provider shall, at Service Provider’s sole cost and expense, provide insurance as described herein. All insurance is to be placed with insurers authorized to do business in the State of California with an A.M. Best and Company rating of A- or better, Class VII or better, or as otherwise approved by City.

Insurance shall include the following (or broader) coverage:

a) Insurance Services Office Commercial Liability coverage “occurrence” form CG 00 01 or its exact equivalent with an edition date prior to 2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000 in the aggregate.

b) Insurance Services Office form number CA 00 01 or equivalent covering Automobile Liability, including hired and non -owned automobile liability with a minimum limit of $1,000,000 per accident. If the Service Provider owns no vehicles, this requirement may be satisfied by a non -owned and hired auto endorsement to Service Provider’s commercial general liability policy.

c) Workers’ Compensation insurance complying with California worker’s compensation laws, including statutory limits for workers’ compensation and an Employer’s Liability limit of $1,000,000 per accident or disease.

Liability insurance policies required to be provided by Service Provider hereunder shall contain or be endorsed to contain the following provisions:

a) Except for professional liability insurance, City, its employees, officials, agents and member agencies shall be covered as additional insureds.

Coverage shall apply to any and all liability arising out of the work performed or related to the Agreement. Additional insured status under the general liability requirement shall be provided on Insurance Services Office Form CG 20 10, with an edition date prior to 2004, or its equivalent. Additional insured status for completed operations shall be provided either in the additional insured form o r through another endorsement such as CG 20 37, or its equivalent.

b) General and automobile liability insurance shall apply separately to each insured against whom a claim is made or suit is brought, except Docusign Envelope ID: AFF46F64-2B5E-4DAC-88E2-726E2423CE01 Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 23 City of Goleta
General Services Agreement with Beyond Heating and Air, Inc.

Page 9 of 18 ends

with respect to the limits of the insurer’s liability. Coverage will not be limited to City’s vicarious liability.

c) Except for professional liability insurance, l iability coverage shall be primary and non-contributing with any insurance maintained by City.

d) Evidence of coverage (including the workers’ compensation and employer’s liability policies) shall provide that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after 30 days’ prior written notice has been give n to City. Such provision shall not include any limitation of liability of the insurer for failure to provide such notice.

e) No liability insurance coverage provided to comply with this Agreement shall prohibit Service Provider , or Service Provider’s employees, or agents, from waiving the right of recovery prior to a loss. Service Provider waives its right of recovery against City.

f) Service Provider agrees to deposit with City within fifteen days of Notice to Proceed of the Agreement certificates of insurance and required endorsements.

g) There shall be no recourse against City for payment of premiums or other amounts with respect to the insurance required to be provided by Service Provider hereunder. Any failure, actual or alleged, on the part of City to monitor compliance with these requirements will not be deemed as a waiver of any rights on the part of City. City has no additional obligations by virtue of requiring the insurance set forth herein. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Service Provider or City will withhold amounts sufficient to pay premium from Service Provider payments.

h) Service Provider agrees to provide immediate notice to City of any claim or loss against Service Provider arising out of the work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.

11. RELATION OF THE PARTIES

The relationship of the parties to this Agreement shall be that of independent contractor and that in no event shall Service Provider be considered Docusign Envelope ID: AFF46F64-2B5E-4DAC-88E2-726E2423CE01 Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 24 City of Goleta
General Services Agreement with Beyond Heating and Air, Inc.

Page 10 of 18 ends

an officer, agent, servant or employee of City. The Service Provider shall be solely responsible for any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the described work.

12. TERMINATION BY CITY

The City, by notifying Service Provider in writing, may upon five (5) calendar days notice, terminate any portion or all of the services agreed to be performed under this Agreement. In the event of such termination, Service Provider shall have the right a nd obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by City to Service Provider within 30 days followi ng submission of a final statement by Service Provider.

13. CORRECTIONS

The Service Provider shall correct, at its expense, all errors in the work which may be disclosed during the City's review of the Service Provider's work.

Should Service Provider fail to make such correction in a reasonably timely manner, such correction shall be made by the City, and the cost thereof shall be charged to Service Provider.

14. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE

The acceptance by Service Provider of the final payment made under this Agreement shall operate as and be a release of the City from all claims and liabilities for compensation to Service Provider for anything done, furnished or relating to Servic e Provider's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within five (5) calendar days of the receipt of that c heck, whichever occurs first. However, any approval or payment by the City shall not constitute, nor be deemed, a release of the responsibility and liability of Service Provider, its employees, s ubcontractors, agents and Service Providers for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the City for any defect or error in the work prepared by Service Provider, its employees, subcontractor, agents and Service Providers.

15. WAIVER; REMEDIES CUMULATIVE

Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance Docusign Envelope ID: AFF46F64-2B5E-4DAC-88E2-726E2423CE01 Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 25 City of Goleta
General Services Agreement with Beyond Heating and Air, Inc.

Page 11 of 18 ends

by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified.

16. CONFLICT OF INTEREST

Service Provider is unaware of any City employee or official that has a financial interest in Service Provider's business. During the term of this Agreement and/or as a result of being awarded this Agreement, the Service Provider shall not offer, encourage or accept any financial interest in Service Provider's business by any City employee or official. If a portion of Service Provider's services called for under this Agreement shall ultimately be paid for by reimbursement from and through an Agreement with a developer of any land within the City or with a City franchisee, the Service Provider warrants that it has not performed any work for such developer/franchisee within the last 12 months, and shall not negotiate, offer or accept any Agreement or request to perform services for that identified developer/franchisee during the term of this Agreement.

17. GOVERNING LAW

This Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California and, should litigation occur, venue shall be in the Superior Court of Santa Barbara.

18. CAPTIONS

The captions or headings in this A greement are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the Agreement.

19. ENTIRE AGREEMENT BETWEEN PARTIES

Except for Service Provider’s proposals and submitted representations for obtaining this Agreement, this Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services, and contains all of the covenants and agreements between the parties with respect to said services.

20. NOTICES

Any notice required to be given hereunder shall be deemed to have been given by Docusign Envelope ID: AFF46F64-2B5E-4DAC-88E2-726E2423CE01 Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 26 City of Goleta
General Services Agreement with Beyond Heating and Air, Inc.

Page 12 of 18 ends

depositing said notice in the United States mail, postage prepaid, and addressed as follows:

TO CITY: Robert Nisbet, City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117

TO SERVICE PROVIDER: Anthony Ferrara
Beyond Heating and Air, Inc.
75 Robin Hill Road
Goleta, CA 93117

21. COUNTERPARTS AND ELECTRONIC/FACSIMILE SIGNATURES

This Agreement may be executed in several counterparts, which may be facsimile or electronic copies. Each counterpart is fully effective as an original, and together constitutes one and the same instrument.

In concurrence and witness whereof, this Agreement has been executed by the parties effective on the date and year first above written.

CITY OF GOLETA BEYOND HEATING AND AIR, INC.

_____________________________ ________________________________ Robert Nisbet, City Manager Anthony Ferrera,Chief Operating Officer

ATTEST:

____________________________ _______________________________ Deborah Lopez, City Clerk Ana Cantero, Office Administrator

APPROVED AS TO FORM:

ISAAC ROSEN, CITY ATTORNEY
____________________________
Scott Shapses, Deputy City Attorney

Docusign Envelope ID: AFF46F64-2B5E-4DAC-88E2-726E2423CE01 Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 27 City of Goleta
General Services Agreement with Beyond Heating and Air, Inc.

Page 13 of 18 ends

EXHIBIT A

SCOPE OF WORK

1. QUARTERLY HVAC PREVENTATIVE MAINTENANCE

Locations For Quarterly HVAC Preventative Maintenance
• City Hall – 130 Cremona Drive, Goleta, CA 93117
• Goleta Valley Main Library – 500 North Fairview Avenue, Goleta, CA 93117.

2. ANNUAL GAS FURNACE PREVENTATIVE MAINTENANCE

The Goleta Community Center and its tenants; CommUnify and Rainbow School, require annual gas furnace preventative maintenance and the work should occur in the month of November.

Service Tasks
• Inspect heat exchangers for cracks, corrosion, and signs of deterioration. • Clean and adjust burner assembly.

Docusign Envelope ID: AFF46F64-2B5E-4DAC-88E2-726E2423CE01 Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 28 City of Goleta
General Services Agreement with Beyond Heating and Air, Inc.

Page 14 of 18 ends

• Inspect gas pressure and burner flame operation.
• Inspect, clean, and test flue and venting systems for proper draft. • Lubricate all moving parts including motors and bearings. • Check thermostat calibration and function.
• Inspect and tighten electrical connections.
• Test all limit switches, safety controls, and complete a full operational system check.

3. ANNUAL EXHAUST FAN MAINTENANCE

Annual maintenance of exhaust fans at all City facilities.

Locations for Annual Exhaust Fan Maintenance:
• City Hall, 130 Cremona Drive, Goleta, CA 93117
• Corporation Yard, 6735 Hollister Avenue, Goleta, CA 93117 • Goleta Community Center, 5679 Hollister Avenue, Goleta, CA 93117

4. GENERAL AND EMERGENCY REPAIRS

Repair Protocol
Contractor shall perform a diagnostic assessment and submit a written report detailing:
• Nature of the issue
• Recommended action
• Itemized list of parts and materials
Docusign Envelope ID: AFF46F64-2B5E-4DAC-88E2-726E2423CE01 Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 29 City of Goleta
General Services Agreement with Beyond Heating and Air, Inc.

Page 15 of 18 ends

No charges shall be incurred for this diagnostic unless the repair is approved. All work outside of preventative maintenance shall be categorized as Extraordinary Maintenance and shall require pre-authorization from a representative in the City’s General Services department.

Contractor shall respond to miscellaneous service calls and provide basic troubleshooting. The City expects an initial response within 1–2 business days of the service call.

5. EMERGENCY RESPONSE

6. REPORTING AND DOCUMENTATION

An Annual Equipment Inventory Report shall be maintained, including:
• Make, model, serial number
• Location of each unit
• Date of last service

7. COMPLIANCE AND SAFETY

Docusign Envelope ID: AFF46F64-2B5E-4DAC-88E2-726E2423CE01 Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 30 City of Goleta
General Services Agreement with Beyond Heating and Air, Inc.

Page 16 of 18 ends

EXHIBIT B

SCHEDULE OF FEES

1. PREVENTATIVE MAINTENANCE COST BREAKDOWN

Preventative Maintenance Services - Cadence Cost Per Service City Hall HVAC PM - Quarterly $ 1,815.00 Corp Yard HVAC PM - Quarterly $ 220.00 GVL Express HVAC PM - Quarterly $ 110.00 GCC HVAC PM - Quarterly $ 110.00
City Hall Exhaust Fan PM - Annual $ 440.00 Corp Yard Exhaust Fan PM - Annual $ 110.00 GCC Exhaust Fan PM - Annual $ 880.00
GCC Annual Furnace PM - Annual $ 1,100.00

Material Markup Rate 10%
Material Annual Cost Estimate ($6,000 estimate) $ 6,600.00 Total Annual Estimated Cost $ 18,150.00
Total 3-year Contract Term Estimated Cost $ 54,450.00

2. GENERAL AND EMERGENCY COST BREAKDOWN

Estimate calculated based on the two-year average run rate of historical repairs conducted at each site.

General And Emergency Repairs By Location Annual Estimate City Hall $ 9,100.00
Corp Yard $ 1,200.00
GVL Express $ 1,000.00
GCC $ 8,870.00
Total Annual Estimated Cost $ 20,170.00
Total 3-year Contract Term Estimated Cost $ 60,510.00

3. TIME AND MATERIAL RATES

QUARTERLY HVAC PREVENTATIVE MAINTENANCE (PM)

HVAC PM - CITY HALL QUARTERLY SERVICE
CLASSIFICATION (e.g.,
Journeyman)
HOURLY
RATE

HOURS PER

QUARTER
Journeyman $ 110.00 16.5
MATERIAL MARK UP % 10

Docusign Envelope ID: AFF46F64-2B5E-4DAC-88E2-726E2423CE01 Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 31 City of Goleta
General Services Agreement with Beyond Heating and Air, Inc.

Page 17 of 18 ends

HVAC PM – CORP YARD QUARTERLY SERVICE
CLASSIFICATION (e.g.,
Journeyman)
HOURLY
RATE

HOURS PER

QUARTER
Journeyman $ 110.00 2
MATERIAL MARK UP % 10

HVAC PM – GVL EXPRESS QUARTERLY SERVICE
CLASSIFICATION (e.g.,
Journeyman)
HOURLY
RATE

HOURS PER

QUARTER
Journeyman $ 110.00 1
MATERIAL MARK UP % 10

HVAC PM – GCC QUARTERLY SERVICE
CLASSIFICATION (e.g.,
Journeyman)
HOURLY
RATE

HOURS PER

QUARTER
Journeyman $ 110.00 1
$
$
MATERIAL MARK UP % 10

ANNUAL EXHAUST FAN PREVENTATIVE MAINTENANCE (PM)

EXHAUST FAN PM – CITY HALL ANNUAL SERVICE
CLASSIFICATION (e.g.,
Journeyman)
HOURLY
RATE

HOURS PER
YEAR
Journeyman $ 110.00 4
MATERIAL MARK UP % 10

EXHAUST FAN PM - CORP YARD ANNUAL SERVICE
CLASSIFICATION (e.g.,
Journeyman)
HOURLY
RATE

HOURS PER
YEAR
Journeyman $ 110.00 1
$
$
MATERIAL MARK UP % 10

EXHAUST FAN PM - GCC ANNUAL SERVICE
CLASSIFICATION (e.g.,
Journeyman)
HOURLY
RATE

HOURS PER
YEAR
Journeyman $ 110.00 8
MATERIAL MARK UP % 10

Docusign Envelope ID: AFF46F64-2B5E-4DAC-88E2-726E2423CE01 Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 32 City of Goleta
General Services Agreement with Beyond Heating and Air, Inc.

Page 18 of 18 ends

ANNUAL FURNACE PREVENTATIVE MAINTENANCE (PM)

FURNACE PM – GCC ANNUAL SERVICE
CLASSIFICATION (e.g.,
Journeyman)
HOURLY
RATE

HOURS PER
YEAR
Journeyman $ 110.00 10
$
$
MATERIAL MARK UP % 10

TIME & MATERIAL RATES (T&M)

T&M RATE – GENERAL & EMERGENCY REPAIRS
CLASSIFICATION (e.g., Journeyman) HOURLY RATE
Journeyman $ 140.00
MATERIAL MARK UP % 10

T&M RATE – OVERTIME GENERAL & EMERGENCY REPAIRS
CLASSIFICATION (e.g., Journeyman OT) HOURLY OT RATE
Journeyman $ 210.00
MATERIAL MARK UP % 10

T&M RATE – AFTER-HOURS GENERAL & EMERGENCY REPAIRS
CLASSIFICATION (e.g., Journeyman after-
hours)

HOURLY AFTER-

HOURS RATE
Journeyman $ 210.00
MATERIAL MARK UP % 10

T&M RATE – HOLIDAY GENERAL & EMERGENCY REPAIRS
CLASSIFICATION (e.g., Journeyman holiday
hours)

HOURLY HOLIDAY
RATE
Journeyman $ 210.00
MATERIAL MARK UP % 10

Docusign Envelope ID: AFF46F64-2B5E-4DAC-88E2-726E2423CE01 Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 33 REQUISITION
09/18/2025
ISSUED TO:

Date:

Vendor #: 003309
75 ROBIN HILL ROAD
GOLETA, CA 93117-
BEYOND HEATING AND AIR INC. SHIP TO:
130 CREMONA DRIVE, SUITE B
GOLETA, CA 93117

CITY OF GOLETA
Requisition #: 26GS045
UNITS DESCRIPTION PRICE AMOUNTGL ACCOUNT NUMBERITEM PROJECT # 1 0
01b07675-3003-410f-83c6-b35c00dc03a0
City Hall/Corp Yard - HVAC Maintenance & Repair
01b07675-3003-410f-83c6-b35c00dc03a0

0.00 01b07675-3003-410f-83c6-b35c00dc03a0
101-18-1810-51064 22,090.00
2 0
f33398ff-51ea-41f8-8d85-b35c00ddb1cd
GCC - HVAC Maintenance & Repair
f33398ff-51ea-41f8-8d85-b35c00ddb1cd

0.00 f33398ff-51ea-41f8-8d85-b35c00ddb1cd
217-60-6510-51064 13,790.00
3 0
92aa1210-3f66-49b6-8b85-b35c00dde5b6
GVL Express - HVAC Maintenance & Repair
92aa1210-3f66-49b6-8b85-b35c00dde5b6

0.00 92aa1210-3f66-49b6-8b85-b35c00dde5b6
101-20-2100-51064 2,440.00
38,320.00TOTAL
SHIPPING:

TOTAL TAX:

SUBTOTAL:

0.00 0.00
38,320.00
Authorized By:

Time & materials agreement 2025-xxx with Beyond Heating & Repair for HVAC preventative maintenance & repair at the following locations:

City Hall - 130 Cremona Dr. ($1,815/qtr PM + $440.00/yr exhaust fans + $9,100 emergency services Goleta Community Center - 5679 Hollister Ave. ($110/qtr PM + $1,900/yr furnace & exhaust fans + $8,870 emergency services) Public Works Corporation Yard - 6735 Hollister Ave. ($220/qtr PM + $110/yr exhaust fans + $1,200 emergency services) Goleta Library:Express - 6500 Hollister Ave. ($110/qtr PM + $1,000 emergency services) A Material markup rate of 10% will be added to each invoice, totalling $6,600 in materials.

Annual estimated cost for preventative maintenance: $18,150/yr Annual estimated cost for general & emergency repairs: $20,170/yr FY 26 Total amount NTE: $38,320
Contract terms end date: September 30, 2028
A copy of the agreement will be attached detailing full scope of work of services provided, rates, and insurance.

Detailed Description:

PO Description: TIMEMAT - 2025-xxx HVAC Maintenance & Repair Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 34 ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

PRODUCER CONTACT
NAME:

FAXPHONE
(A/C, No):(A/C, No, Ext):

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $

PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER: $

COMBINED SINGLE LIMIT
$(Ea accident)
ANY AUTO BODILY INJURY (Per person) $

OWNED SCHEDULED
BODILY INJURY (Per accident) $AUTOS ONLY AUTOS

HIRED NON-OWNED PROPERTY DAMAGE
$AUTOS ONLY AUTOS ONLY (Per accident)
$

OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $

PER OTH-

STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
10/7/2024
(916) 380-5300 (916) 380-5206
12537
Beyond Heating and Air Inc
75 Robin HIll
Goleta, CA 93111
19879
36056
11673
A 1,000,000
X X ATN2419638 9/30/2024 9/30/2025 50,000
5,000
1,000,000
2,000,000
2,000,000
Capped $5,000,000 EBL AGGREGATE 1,000,000
1,000,000B
X X SPP1821818-00 9/30/2024 9/30/2025
1,000,000C
LA24EXCZ0JGGDIC 9/30/2024 9/30/2025 1,000,000
0 D
X JMWC525055 10/1/2024 10/1/2025 1,000,000
1,000,000
1,000,000
Re: Job 130 Cremona Drive - Quarterly Maintenance
The City of Goleta, its employees, officials, agents and member agencies are additional insured as required by written contract per attached forms.

City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
JSBGREE-01 JTHEIS
Bender Insurance Solutions
516 Gibson Drive
Suite 240
Roseville, CA 95678
United Specialty Insurance Company
Security National Insurance Company
Navigators Specialty Insurance Company
Redwood Fire and Casualty Insurance Company
X
X
X
X
X
X
X
X
By Alicia Cabrera at 1:35 pm, May 20, 2025
Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 35 Endorsement Effective: Policy No.:

Insured:

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY

WC 99 04 10 C
(Ed. 01-19)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA

BLANKET BASIS
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.)

The a
dditional p
remium for this endorsement shall be c
alculated b
y applying a factor of 2% to the total manual
p
remium, with a minimum i
nitial c
harge of $350, t
hen applying a
ll other pricing factors for the policy to this calculated c
harge to derive the final cost of this endorsement.

This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

Schedule

Blanket Waiver

Person/Organization

Blanket W a
iver – A
ny person or organization for whom the Named Insured has a
greed by written contract to f
urnish this waiver.

Waiver Premium (prior to adjustments)

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.)

Endorsement No.:

Pre
mium $
Insurance Company:

WC 99 04 10 C

Countersigned by ______________________________________

(Ed. 01-19)
Job Description
All CA Operations
Redwood Fire and Casualty Ins Co
JMWC423249
29410.00
10/01/2023
10/01/2024
JMWC525055
JSB Solar Solutions, Inc. Dba: Action Energy
Beyond Heating and Air, Inc.

Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 36 VEN 069
02 (04/22) Page 1 of 1
Un
ited Specialty Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

VEN 069 02 (04/22)
WRAP- UP and PROJECT POLICY EXCLUSION
(Limited off-site exception)
Th
is Exclusion modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following exclusion is added to SECTION 1 - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE , Paragraph 2. Exclusions and SECTION 1 – COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY , Paragraph 2. Exclusions of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM;
This insurance does not apply to “bodily Injury”, “property damage”, or “personal and advertising injury”:
(1) arising out of any project which is insured, in whole or in part, under any Consolidat ed In
surance Program commonly known as an Owner Controlled Insurance Program, any Contractor Controlled Insurance Program, any Wrap-Up Insurance Program, or any other type of insurance program designed to provide liability coverage for parties involved in the development, design, construction, erection, supervision or management of a specific project or projects (a “Consolidated Insurance Program” policy); or (2) arising out of “your work” or “your product” when any other liability insurance covers you for liability arising from “your work” or “your product” in connection with a specific project or operations at a location designated in such other liability insurance policy (a “Project P
olicy”).

This exclusion applies whether or not the Consolidated Insurance Program or Project Policy:
(a
) Pr
ovides coverage identical to that provided by this policy:
(b) Has
limits adequate to cover all claims;
(c
) Rema
ins in effect; and
(d) al
l of "your work" in connection with the project or development is covered under the p
roject-specific policy or Consolidated Insurance Program.

This exclusion does not apply to liability arising from work performed by you or on your behalf for a project that insured under a Consolidated Insurance Program if: (a) such work is performed solely off of and away from the premises insured under such Consolidated Insurance Program, and (b) no coverage for such liability work is provided under the Consolidated Insurance Program. This exception to this exclusion does not apply to “bodily injury” or “property damage” which is included in the “products-completed operations hazard. ” Nothing in this endorsement shall be construed as to grant any products-completed operations coverage.

All other terms, conditions and exclusions under the policy are applicable to this Endorsement and remain unchanged.

Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 37 T
HIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

V
EN 051 00 (02/20)
PRI

MARY AND NON-CONTRIBUTING INSURANCE ENDORSEMENT
T
his endorsement modifies the Conditions provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
T
he following is added to SECTION IV
-

COMMERCIAL

GENERAL LIABILITY

CONDITI
ONS of the CO
MMERCIAL GENERAL LIABILITY COVERAGE PART, and
supersedes any provi
sion to the contrary:

Pr
imary and Non-Contributory Insurance
A
ny coverage provided to an Additional Insured under this policy shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis unless :
a
. (
1) The A
dditional Insured is a Named Insured under such other insurance ; and
(
2) A fu
lly written contract fully executed prior to the Named lnsured's commencement of work for such Additional Insured for the specific project that is the subject of the claim, "suit ," or "occurrence" expressly requires that this insurance:
(
i) app
ly on a primary and non-contributory basis;
and
(
ii) w
ould not seek contribution from any other insurance available to the additional insured.
or
b
. Prio
r to a loss, you request in writing and we agree in writing that this insurance shall apply on a primary and non-contributory basis.

N
ame Of P
erson(s) Or Or
ganization(s)
Al
l other terms, conditions and exclusions under this policy are applicable to this Endorsement and remain unchanged.

VEN 051 00 (
02/20) Page 1 of 1
U
nited Specialty Insurance Company
As Required By Written
Contract, Fully Executed Prior To The Named Insured’s
Work
Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 38 P
OLICY NUMBER: C

IVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
Th
is endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Person Or Organization:

Infor
mation required to complete this Schedule, if not shown above, will be shown in the Declarations.

Th
e following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:

We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products-
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.

ATN2326
972
As
Required By Written Contract, Fully Executed Prior To The Named Insured’s Work Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 39 THI
S ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY .

V
EN 079 01 (03/18)
PO

LICY LIMITATION - TOTAL AGGREGATE LIMIT FOR

ALL CONSTRUCTION PROJECTS
Thi
s endorsement modifies insurance provided under the following:

OMMERCIAL GENERAL LIABILITY COVERAGE
S
ECTION Ill - LI
MITS OF INSURANCE - 2, i
s amended by the addition of the following:
d. T
he General Aggregate Limit, shown in the Policy Declarations, applies separately t o
e
ach "construction project".
e. No
twithstanding the application of the General Aggregate Limit to each “Project” of the Named Insured, under no circumstances shall we pay more than ___________ for all claims under this policy that are subject to the General Aggregate Limit.

The fo
llowing are added to the DEFINITIONS section of this policy:
"Cons
truction project" means any construction project, development, property, or group of properties, including all premises, phases, lots, and areas of such project, development, or property, and any building or group of buildings or other structures contained in any business or housing project, development, subdivision, or business park.

If a construction project, or construction activity related thereto, has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same location or construction project under this endorsement .

Mul tiple jobs, work orders, purchase or ders, change orders or work done at multiple locations under one contract or master contract are not considered separate "construction pro jects" within the meaning of this policy.

ALL OT
HER TERMS AND CON DITIONS OF THE POLICY REMAIN UNCHANGED.

V
EN 079 01 (03/18) Page 1
of 1
U
nited Specialty Insurance Company
$5
,000,000
Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 40 I
nsured Copy
PO
LICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13

T
HIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG
20 37 04 13 Insurance Services Office, Inc., 2012 Page 1 of 1

DDITIONAL INSURED -- - OWNERS, LESSEES OR

CONTRACTORS -- - COMPLETED OPERATIONS

T
his endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE

Nam e Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operati ons Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II - -- - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products-completed operations
hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III -- - - Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.

BC
S0039445

ANY PERSON OR ORGANIZATION ALL LOCATIONS

OCCURRENCE TO WHICH THIS
INSURED ON YOUR POLICY.

WHEN REQUIRED BY WRITTEN

INSURANCE APPLIES, THAT SUCH

CONTRACT OR AGREEMENT,

PERSON OR ORGANIZATION BE

EXECUTED PRIOR TO THE

ADDED AS AN ADDITIONAL

O
WR Mechanical,Inc. DBA Monarch Mechanical
BCS2000095
E
ffective 10/1/2022
O
WR Mechanical Dba:Monarch Mechanical
BCS2000933
Effective 10/1/2023
Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 41 CG
20100413 ©
InsuranceServicesOffice,Inc.,2012 Pa
ge1of
2
C
OMMERCIALGENERALLIABILITY
CG
20100413
THIS
ENDORSEMENTCHANGESTHEPOLICY.PLEASEREADITCAREFULLY. A
DDITIONALINSURED O
WNERS,LESSEESOR
CONTRACTORS SC
HEDULEDPERSONOR

ORGANIZATION
T
hisendorsementmodifiesinsuranceprovidedunderthefollowing: COMMERCIALGENERALLIABILITYCOVERAGEPART
SCHEDULE
NameOfAdditionalInsuredPerson(s)
OrOrganization(s) Location(s)OfCoveredOperations
ANY
PERSONORORGANIZATION
WHENREQUIREDBYWRITTEN
CONTRACTORAGREEMENT,
EXECUTEDPRIORTOTHE
OCCURRENCETOWHICHTHIS
INSURANCEAPPLIES,THATSUCH
PERSONORORGANIZATIONBE
ADDEDASANADDITIONALINSURED
ONYOURPOLICY.
ALLLOCATIONS
I
nformationrequiredtocompletethisSchedule,ifnotshownabove,willbeshownintheDeclarations. A
. SectionII
WhoIsAnInsured is
amendedto
in
cludeasanadditionalinsuredtheperson(s)or
or
ganization(s)shownintheSchedule,butonly
wi
threspecttoliabilityfor"bodilyinjury","property
dam
age" or "personal and advertising injury"
ca
used,inwholeorinpart,by:

1. Youractsoromissions;or

2. Theactsoromissionsofthoseacting on
your
be
half;
in
theperformanceofyourongoingoperationsfor
the
additional insured(s) at the location(s)
desi
gnatedabove.
However:
1. T
heinsuranceaffordedtosuchadditionalinsured
onl
yappliestotheextentpermittedbylaw;and

2. Ifcoverag
eprovidedtotheadditionalinsuredis
re
quired by a contract or agreement, the
in
suranceaffordedtosuchadditionalinsured
wil
lnotbebroaderthanthatwhichyouare
re
quired by the contract or agreement to
pro
videforsuchadditionalinsured.
×²
«®»¼Ý±°§
PO
LICYNUMBER:BCS2000095
E
ffective10/1/2022
OW
RMechanicalInc.Dba:MonarchMechanical
Effective10/1/2023
BCS2000933
A
TN2419638
A
s Required By Written Contract With The
I
nsured, Fully Executed Prior To The Named
Insured's Work.

Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 42 CG
20100413 ©
InsuranceServicesOffice,Inc.,2012 Pa
ge2of
2
B.
W
ithrespecttotheinsuranceaffordedtothese
addit
ional insureds, the following additional
excl
usionsapply:
T
hisinsurancedoesnotapplyto"bodilyinjury"or
"
propertydamage"occurringafter:
1. Allwork,includingmaterials,partsorequipmen
t
f
urnishedinconnectionwithsuchwork,onthe
pr
oject (other than service, maintenance or
re
pairs)tobeperformedbyoronbehalfofthe
ad
ditional insured(s) at the location of the
c
overedoperationshasbeencompleted;or
2. Thatportionof"yourw or
k"outofwhichthe
in
juryordamageariseshasbeenputtoits
in
tendedusebyanypersonororganization
ot
herthananothercontractororsubcontractor
en
gagedinperformingoperationsforaprincipal
as
apartofthesameproject.
C.Withrespectto the
insuranceaffordedtothese
addit
ional insureds, the following is added to
SectionIII LimitsOfIns
urance:

If
coverageprovidedtotheadditionalinsuredis
re
quiredbyacontractoragreement,themostwe
wi
llpayonbehalfoftheadditionalinsu re
disthe
amo
untofinsurance:
1. Requiredbythecontractoragreement;or
2. Avai
lable under the applicable Limits of
In
suranceshownintheDeclarations;
whicheverisless.
T
hisendorsementshallnotincreasetheapplicable
Li
mitsofInsuranceshownintheDeclarations.
×²
«®»¼Ý±°§
Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 43 POLICY NUMBER: COMMERCIAL AUTO CA990187 0715

This Endorsement Changes The Policy. Please Read It Carefully CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 1 of 5 Used with permission

BUSINESS AUTO COVERAGE EXPANSION

ENDORSEMENT
This endorsement modifies insurance provided by the following:

BUSINESS AUTO COVERAGE FORM

With respect to coverage provided by this endorsement, the provisions of the COVERAGE FORM apply unless modified by the endorsement.

A. Newly Acquired or Formed
Organizations, Employee Hired Car
Liability and Blanket Additional Insured
Status for Certain Entities.

Item 1. Who is an Insured of Paragraph A.

Coverage under SECTION II – COVERED
AUTOS LIABILITY COVERAGE is
amended to add:
d. Any organization you newly acquire or
form, other than a partnership, joint
venture or limited liability company, and
over which you maintain ownership of a
majority interest (greater than 50%), will
qualify as a Named Insured; however,
(1) coverage under this provision is
afforded only until the 180th day
after you acquire or form the
organization or the end of the policy
period, whichever is earlier;
(2) coverage does not apply to "bodily
injury", "property damage" or
"covered pollution cost or expense"
that results from an "accident" which
occurred before you acquired or
formed the organization; and
(3) coverage does not apply if there is
other similar insurance available to
that organization, or if similar
insurance would have been
available but for its termination or
the exhaustion of its limits of
insurance.

This insurance does not apply if
coverage for the newly acquired or
formed organization is excluded either
by the provisions of this coverage form
or by endorsement.

e. An "employee" of yours is an "insured"
while operating an "auto" hired or rented
under a contract or agreement in that
"employee’s" name, with your
permission, while performing duties
related to the conduct of your business.
f. Any person or organization you are
required by written contract or
agreement to name as an additional
“insured”, but only with respect to
liability created in whole or in part by
such agreement.

B. Increase Of Loss Earnings Payment
Subpart (4) of a. Supplementary Payments
of Item 2. Coverage Extensions of
Paragraph A. Coverage under SECTION II
– COVERED AUTOS LIABILITY
COVERAGE is amended to read:
(4) We will pay reasonable expenses
incurred by the “insured” at our
request, including actual loss of
earnings up to $1,000 per day
because of time off from work.

C. Fellow Employee Injured By Covered
Auto You Own Or Hire
Item 5. Fellow Employee of Paragraph B.

Exclusions under SECTION II – COVERED
AUTOS LIABILITY COVERAGE is
amended to add:

This exclusion does not apply if the "bodily
injury" results from the use of a covered
"auto" you own or hire. Such coverage as
is afforded by this provision is excess over
any other collectible insurance.

SPP1819475 00
SPP1821818-00
Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 44 CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 2 of 5 Used with permission
D. Limited Automatic Towing Coverage
Item 2. Towing, of Paragraph A. Coverage,
under SECTION III – PHYSICAL DAMAGE
COVERAGE is amended to read:

2. Towing
We will pay for towing and labor costs
each time that a covered "auto" is
disabled. All labor must be performed at
the place of disablement of the covered
"auto".
a. The limit for towing and labor for
each disablement is $500;
b. No deductible applies to this cover-
age.

E. Item 3. Glass Breakage – Hitting A Bird
Or Animal – Falling Objects or Missiles of
Paragraph A. Coverage under SECTION III
– PHYSICAL DAMAGE COVERAGE, is
amended to add:

Glass Repair Coverage
We will waive the Comprehensive
deductible for Glass, if one is indicated on
your covered “auto”, for glass repairs. We
will repair at no cost to you, any glass that
can be repaired without replacement,
provided the “loss” arises from a covered
Comprehensive “loss” to your “auto”.

F. Increase Of Transportation Expense
Coverage
Subpart a. Transportation Expenses of
Item 4. Coverage Extensions of Paragraph
A. Coverage under SECTION III –
PHYSICAL DAMAGE COVERAGE is
amended to read:
a. Transportation Expenses
We will pay up to $50 per day to a
maximum of $1,000 for temporary
transportation expense incurred by you
because of the total theft of a covered
"auto" of the private passenger type.

We will pay only for those covered
"autos" for which you carry either
Comprehensive or Specified Causes of
Loss Coverage or Theft Coverage. We
will pay for temporary transportation
expenses incurred during the period
beginning 48 hours after the theft and
ending, regardless of the policy’s
expiration, when the covered "auto" is
returned to use or we pay for its "loss".

G. “Personal Effects” Coverage
Item 4. Coverage Extensions of Paragraph
A. Coverage, under SECTION III -
PHYSICAL DAMAGE COVERAGE, is
amended to add:
“Personal Effects” Coverage
We will pay actual cash value for “loss” to
“personal effects” of the “insured” while in
a covered “auto” subject to a maximum
limit of $2,500 per “loss”, for that covered
“auto” caused by the same “accident”. No
deductible will apply to this coverage.

H. “Downtime Loss” Coverage
Item 4. Coverage Extensions,
of
Paragraph A. Coverage, under SECTION
III. PHYSICAL DAMAGE COVERAGE, is
amended to add:
“Downtime Loss” Coverage
We will pay any resulting “downtime loss”
expenses you sustain as a result of a
covered physical damage “loss” to a
covered “auto” up to a maximum of $100
per day, for a maximum of 30 days for the
same physical damage “loss”, subject to
the following conditions:
a. We will provide “downtime loss” beginning
on the 5th day after we have given you
our agreement to pay for repairs to a
covered “auto” and you have given the
repair facility your authorization to make
repairs;
b. Coverage for “downtime loss” expenses
will end when any of the following occur:
(1) You have a spare or reserve “auto”
available to you to continue your
operations.
(2) You purchase a replacement “auto”.
(3) Repairs to your covered “auto” have
been completed by the repair facility
and they determine the covered
“auto” is road-worthy.
(4) You reach the 30 day maximum
coverage.

Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 45 CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 3 of 5 Used with permission
I. Item 4. Coverage Extensions, of
Paragraph A. Coverage, under SECTION
III. PHYSICAL DAMAGE COVERAGE, is
amended to add:

We will pay any resulting rental
reimbursement expenses incurred by you for
a rental of an “auto” because of “loss” to a
covered “auto” up to a maximum of $100 per
day, for a maximum of 30 days for the same
physical damage “loss”, subject to the
following conditions:
a. We will provide rental reimbursement
incurred during the policy period
beginning 24 hours after the “loss” and
ending, regardless of the policy
expiration, with the number of days
reasonably required to repair or replace
the covered “auto”. If the “loss” is
caused by theft, this number of days is
the number of days it takes to locate the
covered “auto” and return it to you or the
number of days it takes for the claim to
be settled, whichever comes first.
b. Our payment is limited to necessary and
actual expenses incurred.
c. This coverage does not apply while
there are spare or reserve “autos”
available to you for your operations.
d. If a “loss” results from the total theft of a
covered “auto” of the private passenger
type, we will pay under this coverage
only that amount of your rental
reimbursement expenses which is not
already provided for under the Physical
Damage Coverage Extension.

J. “Personal Effects” Exclusion
Paragraph B. Exclusions under SECTION
III – PHYSICAL DAMAGE COVERAGE, is
amended to add:
“Personal Effects” Exclusion
We will not pay for “loss” to “personal
effects” of any of the following:
a. Accounts, bills, currency, deeds,
evidence of debt, money, notes,
securities or commercial paper or
other documents of value.
b. Bullion, gold, silver, platinum, or other
precious alloys or metals; furs or fur
garments; jewelry; watches; precious
or semi-precious stones.
c. Paintings, statuary and other works of
art.

d. Contraband or property in the course
of illegal transportation or trade.
e. “Loss” caused by theft, unless there is
evidence of forced entry into the
covered “auto” and a police report is
filed.

K. Accidental Airbag Discharge Coverage
Item 3.a. of Paragraph B. Exclusions under
SECTION III – PHYSICAL DAMAGE
COVERAGE is amended to read:
a. Wear and tear, freezing, mechanical
or electrical breakdown. The
exclusion relating to mechanical
break-down does not apply to the
accidental discharge of an air bag.

L. Loan or Lease Gap Coverage
Paragraph C. Limit Of Insurance under
SECTION III – PHYSICAL DAMAGE
COVERAGE is amended to add:

If a covered “auto” is owned or leased and
if we provide Physical Damage Coverage
on it, we will pay, in the event of a covered
total “loss”, any unpaid amount due on the
lease or loan for a covered “auto”, less:
a. The amount paid under the Physical
Damage Coverage Section of the
policy; and
b. Any:
(1) Overdue lease or loan
payments including penalties,
interest or other charges
resulting from overdue
payments at the time of the
“loss”;
(2) Financial penalties imposed
under a lease for excessive use,
abnormal wear and tear or high
mileage;
(3) Costs for extended warranties,
Credit Life Insurance, Health,
Accident or Disability Insurance
purchased with the loan or
lease;
(4) Security deposits not refunded
by the lessor; and
(5) Carry-over balances from
previous loans or leases

Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 46 CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 4 of 5 Used with permission
M. Aggregate Deductible
Paragraph D. Deductible under SECTION
III – PHYSICAL DAMAGE COVERAGE is
amended to add:

Regardless of the number of covered
“autos” involved in the same “loss”, only
one deductible will apply to that “loss”. If
the deductible amounts vary by “autos”,
then only the highest applicable deductible
will apply to that “loss”.

N. Diminishing Deductible
Paragraph D. Deductible under SECTION
III – PHYSICAL DAMAGE COVERAGE is
amended to add:

Any deductible will be reduced by the
percentage indicated below on the first
“loss” reported during the corresponding
policy period:

Loss Free Policy Periods
With the Expansion
Endorsement
Deductible
Reduction on the
first “loss”
1 0%
2 25%
3 50%
4 75%
5 100%
If we pay a Physical Damage “loss” during
the policy period under any BUSINESS
AUTO COVERAGE FORM you have with
us, your deductible stated in the
Declarations page of each such
COVERAGE FORM will not be reduced on
any subsequent claims during the remainder
of your policy period and your deductible
reduction will revert back to 0% for each
such COVERAGE FORM if coverage is
renewed.

O. Knowledge of Loss and Notice To Us
Subsection a. of Item 2. Duties In the Event
of Accident, Claim, Suit or Loss of
Paragraph A. Loss Conditions under

SECTION IV -- BUSINESS AUTO
CONDITIONS is amended to add:

However, prompt notice of the "accident",
claim, "suit" or "loss" to us or our
authorized representative only applies
after the “accident”, claim, “suit” or “loss” is
known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;

(3) An "executive officer" or director, if
you are a corporation;
(4) A manager or member, if you are a
limited liability company;
(5) Your insurance manager; or
(6) Your legal representative.

P. Waiver Of Subrogation For Auto Liability
Losses Assumed Under Insured Contract
Item 5. Transfer Of Rights Of Recovery
Against Others To Us of Paragraph A.

Loss Conditions under SECTION IV –
BUSINESS AUTO CONDITIONS is
amended to read:

5. Transfer of Rights of Recovery
Against Others To Us
If any person or organization to or for
whom we make payments under this
Coverage Form has rights to recover
damages from another, those rights are
transferred to us. That person or
organization must do everything
necessary to secure our rights and must
do nothing after an “accident” or “loss”
to impair them. However, if the insured
has waived those rights to recover
through a written contract, we will waive
any right to recovery we may have
under this Coverage Form.

Q. Insurance is Primary and
Noncontributory
Subpart a. of Item 5. Other Insurance of
Paragraph B. General Conditions under
SECTION IV – BUSINESS AUTO
CONDITIONS is amended to read:
a. This insurance is primary and
noncontributory, as respects any other
insurance, if required in a written
contract with you.

R. Other Insurance – Hired Auto Physical
Damage
Subpart b. of Item 5..Other Insurance of
Paragraph B. General Conditions under
SECTION IV – BUSINESS AUTO
CONDITIONS is amended to read:
b. For Hired Auto Physical Damage
Coverage, the following are deemed
to be covered "autos" you own:
(1) Any covered "auto" you lease,
hire, rent or borrow; and

Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 47 CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 5 of 5 Used with permission
(2) Any covered "auto" hired or rented
by your "employee" under a
contract in that individual
"employee’s" name, with your
permission, while performing
duties related to the conduct of
your business.

However, any "auto" that is leased, hired,
rented or borrowed with a driver is not a
covered "auto".

S. Unintentional Failure To Disclose
Hazards
Paragraph B. General Conditions under
SECTION IV – BUSINESS AUTO CONDI-
TIONS is amended to add:

9. Your failure to disclose all hazards
existing as of the inception date of this
policy shall not prejudice the coverage
afforded by this policy, provided that
such failure to disclose all hazards is not
intentional. However, you must report
such previously undisclosed hazards to
us as soon as practicable after its
discovery.

T. Additional Definition
SECTION V – DEFINITIONS is amended to
add:
“Personal effects” means personal
property owned by the “insured”.
“Downtime loss” means actual loss of
“business income” for the period of time
that a covered “auto”:

1. Is out of service for repair or
replacement as a result of a covered
physical damage “loss” and

2. Is in the custody of a repair facility if
not a total “loss”.
“Business Income” means:

1. Net Income (Net Profit or Loss
before income taxes) that would
have been earned or incurred; and

2. Continuing normal operating
expenses incurred, including payroll.

In this endorsement, Headings and Titles
are inserted solely for the convenience and
ease of reference. They do not affect the
coverage provided by this endorsement,
nor do they constitute any part of the terms
and conditions of this endorsement. All
other policy wording not specifically
changed, modified, or replaced by this
endorsement wording remains in effect.

Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 48 This page intentionally left blank
Docusign Envelope ID: E148971D-3BD0-4567-914F-C02AF9075831 49

Goleta City CouncilSeptember 15, 2026

Goleta City Council
September 15, 2026