DocuSign Envelope ID: E1DC40BA-299D-433E-8B78-BA0E65EE8B14
IWA Warrants from 01.04.24 thru 01.24.24 (Rey Trejo, IWA General Manager...Page 249 of 793 IWA Warrant Register - Period 01/03/2024 - 01/24/2024
18682 01/18/2024 223 CITY OF INDIO 8106716 571011 810-00-00-6716-000-571011- 3,890.16$ 18682 01/18/2024 223 CITY OF INDIO 8106716 571007 810-00-00-6716-000-571007- 25,263.12$ 18682 01/18/2024 223 CITY OF INDIO 8106716 571005 810-00-00-6716-000-571005- 59,321.70$ 18682 01/18/2024 223 CITY OF INDIO 8106716 571003 810-00-00-6716-000-571003- 45,260.58$ 18682 01/18/2024 223 CITY OF INDIO 8106715 571011 810-00-00-6715-000-571011- 1,735.38$ 18682 01/18/2024 223 CITY OF INDIO 8106715 571007 810-00-00-6715-000-571007- 133,931.76$ 18682 01/18/2024 223 CITY OF INDIO 8106714 571011 810-00-00-6714-000-571011- 32,548.62$ 18682 01/18/2024 223 CITY OF INDIO 8106714 571007 810-00-00-6714-000-571007- 50,526.24$ 18682 01/18/2024 223 CITY OF INDIO 8106714 571005 810-00-00-6714-000-571005- 118,643.40$ 18682 01/18/2024 223 CITY OF INDIO 8106714 571003 810-00-00-6714-000-571003- 90,521.16$ 18682 01/18/2024 223 CITY OF INDIO 8106713 571011 810-00-00-6713-000-571011- 114,887.82$ 18682 01/18/2024 223 CITY OF INDIO 8106713 571007 810-00-00-6713-000-571007- 98,526.18$ 18682 01/18/2024 223 CITY OF INDIO 8106713 571005 810-00-00-6713-000-571005- 231,354.66$ 18682 01/18/2024 223 CITY OF INDIO 8106713 571003 810-00-00-6713-000-571003- 176,516.22$ 18682 01/18/2024 223 CITY OF INDIO 8106712 571011 810-00-00-6712-000-571011- 68,490.96$ 18682 01/18/2024 223 CITY OF INDIO 8106712 571007 810-00-00-6712-000-571007- 37,894.68$ 18682 01/18/2024 223 CITY OF INDIO 8106712 571005 810-00-00-6712-000-571005- 88,982.58$ 18682 01/18/2024 223 CITY OF INDIO 8106712 571003 810-00-00-6712-000-571003- 67,890.84$ 18682 01/18/2024 223 CITY OF INDIO 8106711 571011 810-00-00-6711-000-571011- 384.78$ 18682 01/18/2024 223 CITY OF INDIO 8106711 571007 810-00-00-6711-000-571007- 49,515.72$ 18682 01/18/2024 223 CITY OF INDIO 8106711 571005 810-00-00-6711-000-571005- 116,270.52$ 18682 01/18/2024 223 CITY OF INDIO 8106711 571003 810-00-00-6711-000-571003- 88,710.72$ 18682 01/18/2024 223 CITY OF INDIO 8106714 521012 810-00-00-6714-000-521012- 3,636.00$ 18682 01/18/2024 223 CITY OF INDIO 8106713 531057 810-00-00-6713-000-531057- 1,591.81$ 18682 01/18/2024 223 CITY OF INDIO 8106711 540015 810-00-00-6711-000-540015- 168.51$ 18682 01/18/2024 223 CITY OF INDIO 8106716 521036 810-00-00-6716-000-521036- 158,531.83$ 18682 01/18/2024 223 CITY OF INDIO 8106714 521036 810-00-00-6714-000-521036- 247,801.84$ 18682 01/18/2024 223 CITY OF INDIO 8106713 521036 810-00-00-6713-000-521036- 598,459.76$ 18682 01/18/2024 223 CITY OF INDIO 8106712 521036 810-00-00-6712-000-521036- 251,533.32$ 18682 01/18/2024 223 CITY OF INDIO 8106711 521036 810-00-00-6711-000-521036- 393,708.04$ 18681 01/18/2024 223 CITY OF INDIO 810 210025 810-00-00-0000-000-210025- 103,991.76$ 18681 01/18/2024 223 CITY OF INDIO 810 210025 810-00-00-0000-000-210025- 111,764.55$ 18679 01/10/2024 2132 VERIZON WIRELESS 8106715 524006 810-00-00-6715-000-524006- 2,238.24$ 18677 01/10/2024 415 UNDERGROUND SERVICE ALERT 8106713 521068 810-00-00-6713-000-521068- 79.01$ 18676 01/10/2024 7339 TIMMONS GROUP 8106715 521064 810-00-00-6715-000-521064- 2,441.20$ 18674 01/10/2024 6168 SWRCB 8106716 521068 810-00-00-6716-000-521068- 50.00$ 18674 01/10/2024 6168 SWRCB 8106716 521068 810-00-00-6716-000-521068- 50.00$ 18674 01/10/2024 6168 SWRCB 8106716 521068 810-00-00-6716-000-521068- 50.00$ 18674 01/10/2024 6168 SWRCB 8106716 521068 810-00-00-6716-000-521068- 50.00$ 18674 01/10/2024 6168 SWRCB 8106716 521068 810-00-00-6716-000-521068- 50.00$ 18674 01/10/2024 6168 SWRCB 8106716 521068 810-00-00-6716-000-521068- 50.00$ 18674 01/10/2024 6168 SWRCB 8106716 521068 810-00-00-6716-000-521068- 50.00$ 18674 01/10/2024 6168 SWRCB 8106716 521068 810-00-00-6716-000-521068- 50.00$ 18674 01/10/2024 6168 SWRCB 8106716 521068 810-00-00-6716-000-521068- 50.00$ 18674 01/10/2024 6168 SWRCB 8106716 521068 810-00-00-6716-000-521068- 50.00$
DocuSign Envelope ID: E1DC40BA-299D-433E-8B78-BA0E65EE8B14
IWA Warrants from 01.04.24 thru 01.24.24 (Rey Trejo, IWA General Manager...Page 250 of 793 IWA Warrant Register - Period 01/03/2024 - 01/24/2024
18674 01/10/2024 6168 SWRCB 8106716 521068 810-00-00-6716-000-521068- 50.00$ 18674 01/10/2024 6168 SWRCB 8106716 521068 810-00-00-6716-000-521068- 50.00$ 18674 01/10/2024 6168 SWRCB 8106716 521068 810-00-00-6716-000-521068- 50.00$ 18674 01/10/2024 6168 SWRCB 8106716 521068 810-00-00-6716-000-521068- 50.00$ 18674 01/10/2024 6168 SWRCB 8106716 521068 810-00-00-6716-000-521068- 50.00$ 18674 01/10/2024 6168 SWRCB 8106716 521068 810-00-00-6716-000-521068- 50.00$ 18672 01/10/2024 264 SOUTH COAST AIR QUALITY MANAGEMENT 8106712 521068 810-00-00-6712-000-521068- 160.35$ 18672 01/10/2024 264 SOUTH COAST AIR QUALITY MANAGEMENT 8106712 521068 810-00-00-6712-000-521068- 504.91$ 18672 01/10/2024 264 SOUTH COAST AIR QUALITY MANAGEMENT 8106712 521068 810-00-00-6712-000-521068- 160.35$ 18670 01/10/2024 6997 SIERRA CONTROLS, LLC 8106712 521064 810-00-00-6712-000-521064- 834.75$ 18670 01/10/2024 6997 SIERRA CONTROLS, LLC 8106712 521064 810-00-00-6712-000-521064- 12,853.94$ 18668 01/10/2024 6912 PITNEY BOWES 8106714 524022 810-00-00-6714-000-524022- 726.48$ 18663 01/10/2024 6982 MCDONALD ELECTRIC, INC. 8106712 523015 810-00-00-6712-000-523015- 179.00$ 18663 01/10/2024 6982 MCDONALD ELECTRIC, INC. 8106712 523015 810-00-00-6712-000-523015- 786.13$ 18662 01/10/2024 7937 MARTIN MARIETTA MATERIALS, INC. 8106713 531054 810-00-00-6713-000-531054- 825.37$ 18658 01/10/2024 2125 INFOSEND, INC. 8106714 524020 810-00-00-6714-000-524020- 1,188.29$ 18657 01/10/2024 101 HOME DEPOT CREDIT SERVICES 8106713 531060 810-00-00-6713-000-531060- 186.10$ 18656 01/10/2024 7058 HASA, INC. 8106712 531009 810-00-00-6712-000-531009- 250.52$ 18656 01/10/2024 7058 HASA, INC. 8106712 531009 810-00-00-6712-000-531009- 300.63$ 18656 01/10/2024 7058 HASA, INC. 8106712 531009 810-00-00-6712-000-531009- 951.98$ 18656 01/10/2024 7058 HASA, INC. 8106712 531009 810-00-00-6712-000-531009- 375.78$ 18656 01/10/2024 7058 HASA, INC. 8106712 531009 810-00-00-6712-000-531009- 250.52$ 18656 01/10/2024 7058 HASA, INC. 8106712 531009 810-00-00-6712-000-531009- 501.04$ 18655 01/10/2024 6960 FOXCROFT EQUIPMENT AND SERVICE CO. 8106712 531054 810-00-00-6712-000-531054- 479.39$ 18655 01/10/2024 6960 FOXCROFT EQUIPMENT AND SERVICE CO. 8106712 531054 810-00-00-6712-000-531054- 159.00$ 18654 01/10/2024 292 FERGUSON ENTERPRISES, LLC. # 1350 8106713 531054 810-00-00-6713-000-531054- 688.40$ 18654 01/10/2024 292 FERGUSON ENTERPRISES, LLC. # 1350 8106713 531075 810-00-00-6713-000-531075- 15.84$ 18652 01/10/2024 6981 EUROFINS EATON ANALYTICAL 8106712 521064 810-00-00-6712-000-521064- 18.00$ 18652 01/10/2024 6981 EUROFINS EATON ANALYTICAL 8106712 521064 810-00-00-6712-000-521064- 15.00$ 18652 01/10/2024 6981 EUROFINS EATON ANALYTICAL 8106712 521064 810-00-00-6712-000-521064- 15.00$ 18652 01/10/2024 6981 EUROFINS EATON ANALYTICAL 8106712 521064 810-00-00-6712-000-521064- 30.00$ 18652 01/10/2024 6981 EUROFINS EATON ANALYTICAL 8106712 521064 810-00-00-6712-000-521064- 780.00$ 18652 01/10/2024 6981 EUROFINS EATON ANALYTICAL 8106712 521064 810-00-00-6712-000-521064- 15.00$ 18652 01/10/2024 6981 EUROFINS EATON ANALYTICAL 8106712 521064 810-00-00-6712-000-521064- 63.00$ 18652 01/10/2024 6981 EUROFINS EATON ANALYTICAL 8106712 521064 810-00-00-6712-000-521064- 72.00$ 18652 01/10/2024 6981 EUROFINS EATON ANALYTICAL 8106712 521064 810-00-00-6712-000-521064- 27.00$ 18652 01/10/2024 6981 EUROFINS EATON ANALYTICAL 8106712 521064 810-00-00-6712-000-521064- 30.00$ 18652 01/10/2024 6981 EUROFINS EATON ANALYTICAL 8106712 521064 810-00-00-6712-000-521064- 105.00$ 18652 01/10/2024 6981 EUROFINS EATON ANALYTICAL 8106712 521064 810-00-00-6712-000-521064- 180.00$ 18652 01/10/2024 6981 EUROFINS EATON ANALYTICAL 8106712 521064 810-00-00-6712-000-521064- 189.00$ 18652 01/10/2024 6981 EUROFINS EATON ANALYTICAL 8106712 521064 810-00-00-6712-000-521064- 120.00$ 18652 01/10/2024 6981 EUROFINS EATON ANALYTICAL 8106712 521064 810-00-00-6712-000-521064- 10.00$ 18652 01/10/2024 6981 EUROFINS EATON ANALYTICAL 8106712 521064 810-00-00-6712-000-521064- 600.00$ 18652 01/10/2024 6981 EUROFINS EATON ANALYTICAL 8106712 521064 810-00-00-6712-000-521064- 20.00$ 18652 01/10/2024 6981 EUROFINS EATON ANALYTICAL 8106712 521064 810-00-00-6712-000-521064- 45.00$
DocuSign Envelope ID: E1DC40BA-299D-433E-8B78-BA0E65EE8B14
IWA Warrants from 01.04.24 thru 01.24.24 (Rey Trejo, IWA General Manager...Page 251 of 793 IWA Warrant Register - Period 01/03/2024 - 01/24/2024
18652 01/10/2024 6981 EUROFINS EATON ANALYTICAL 8106712 521064 810-00-00-6712-000-521064- 105.00$ 18652 01/10/2024 6981 EUROFINS EATON ANALYTICAL 8106712 521064 810-00-00-6712-000-521064- 260.00$ 18652 01/10/2024 6981 EUROFINS EATON ANALYTICAL 8106712 521064 810-00-00-6712-000-521064- 18.00$ 18652 01/10/2024 6981 EUROFINS EATON ANALYTICAL 8106712 521064 810-00-00-6712-000-521064- 60.00$ 18652 01/10/2024 6981 EUROFINS EATON ANALYTICAL 8106712 521064 810-00-00-6712-000-521064- 27.00$ 18652 01/10/2024 6981 EUROFINS EATON ANALYTICAL 8106712 521064 810-00-00-6712-000-521064- 36.00$ 18652 01/10/2024 6981 EUROFINS EATON ANALYTICAL 8106712 521064 810-00-00-6712-000-521064- 18.00$ 18652 01/10/2024 6981 EUROFINS EATON ANALYTICAL 8106712 521064 810-00-00-6712-000-521064- 550.00$ 18652 01/10/2024 6981 EUROFINS EATON ANALYTICAL 8106712 521064 810-00-00-6712-000-521064- 550.00$ 18645 01/10/2024 603 CDW GOVERNMENT 8106715 531060 810-00-00-6715-000-531060- 226.64$ 18642 01/10/2024 7060 ATWORK FRANCHISE INC 8106714 521064 810-00-00-6714-000-521064- 1,185.60$ 18641 01/10/2024 6585 AMAZON CAPITAL SERVICES, INC. 8106715 531060 810-00-00-6715-000-531060- 67.04$ Total 8,521,735.23$
Approved by:
Reymundo Trejo 1/24/2024
General Manager
DocuSign Envelope ID: E1DC40BA-299D-433E-8B78-BA0E65EE8B14
IWA Warrants from 01.04.24 thru 01.24.24 (Rey Trejo, IWA General Manager...Page 252 of 793 City of Indio
City Council
February 7, 2024
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Andrew Ansoorian, Dir. Of Human Resources & Risk Management Subject: Resolution No. 10426, fixing the employer contribution under the Public Employees' Medical and Hospital Care Act (PEMHCA) at an equal amount for employees and annuitants, and making a determination that the action is exempt 15324 Section to pursuant review environmental further from (Regulations of Working Conditions) of the California Environmental Quality Act
RECOMMENDATION:
Approve Resolution No. 10426, fixing the employer contribution under the Public Employees' Medical and Hospital Care Act (PEMHCA) at an equal amount for employees and annuitants, and making a determination that the action is exempt from further environmental review pursuant to Section 15324 (Regulations of Working Conditions) of the California Environmental Quality Act.
SUMMARY:
The City of Indio has an existing agreement with the California Public Employees' Retirement System (CalPERS) to provide its health program to active Indio employees and retired annuitants.
The CalPERS health program is governed by the Public Employees Medical and Hospital Care Act (PEMHCA). PEMHCA contains all the rules and regulations that a contracting agency must adhere to and the resolution is the mechanism by which an agency elects to become subject to PEMHCA.
ATTACHMENTS:
Attachment 1 - Resolution No. 10426 - City of Indio Employer Contributions (PEMHCA)
APPROVAL(S):
Andrew Ansoorian, Dir. Of Human Resources & Risk
Management
Approved - 22 Jan 2024
Steven Graham, City Attorney Approved - 23 Jan 2024
Adrienne Aguilar, Finance Technician II Approved - 24 Jan 2024 Bryan H. Montgomery, City Manager Approved - 24 Jan 2024
AGENDA ITEM #10.6
Resolution No. 10426 , fixing the employer contribution under the Public... Page 253 of 793
Please staple on top of your health resolution(s) or cover letter.
This will ensure that the CalPERS mailroom expedites delivery to our office.
Mail packet to either:
Overnight Mail Service Regular Mail
California Public Employees’ Retirement System
Health Resolutions & Compliance Services, HAMD
400 Q Street
Sacramento, CA 95811
California Public Employees’ Retirement System
Health Resolutions & Compliance Services, HAMD
PO BOX 942714
Sacramento, CA 94229-2714
HEALTH
RESOLUTION
CalPERS ID # 6664227892
Agency Name City of Indio
Desired Effective Date January 13, 2024
Resolution No. 10426 , fixing the employer contribution under the Public... Page 254 of 793 CalPERS Health Resolution (Change), Revised April 2021
RESOLUTION NO. 10426
FIXING THE EMPLOYER CONTRIBUTION
UNDER THE PUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL CARE ACT
AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS
WHEREAS, (1) City of Indio is a contracting agency under Government Code Section 22920 and subject to the Public Employees’ Medical and Hospital Care Act (the “Act”); and
WHEREAS, (2) Government Code Section 22892(a) provides that a contracting agency subject to Act shall fix the amount of the employer contribution by resolution; and
WHEREAS, (3) Government Code Section 22892(b) provides that the employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the amount prescribed by Section 22892(b) of the Act; now, therefore be it
RESOLVED, (a) That the employer contribution for each employee or annuitant shall be the amount necessary to pay the full cost of his/her enrollment, including the enrollment of family members, in a health benefits plan up to a maximum of:
Medical Group Monthly Employer Health Contribution
Self Self+1 Self+ Family
010 Executive Group $1900.00 $1900.00 $1900.00
015 Unclassified Management $1900.00 $1900.00 $1900.00
020 Management $1900.00 $1900.00 $1900.00
025 Council-PERS Members $1900.00 $1900.00 $1900.00
030 Police Command Unit $2000.00 $2000.00 $2000.00
045 Fire Fighters Association $1900.00 $1900.00 $1900.00 050 General Unit (ICEA & IWAEA) $1900.00 $1900.00 $1900.00 060 Police Officers Association $2000.00 $2000.00 $2000.00 061 Professional $1900.00 $1900.00 $1900.00
062 Confidential $1900.00 $1900.00 $1900.00
plus administrative fees and Contingency Reserve Fund assessments; and be it further
RESOLVED, (b) City of Indio has fully complied with any and all applicable provisions of Government Code Section 7507 in electing the benefits set forth above; and be it further
RESOLVED, (c) That the participation of the employees and annuitants of City of Indio shall be subject to determination of its status as an “agency or instrumentality of the state or political subdivision of a State” that is eligible to participate in a governmental plan within the meaning of Section 414(d) of the Internal Revenue Code, upon publication of final Regulations pursuant to such
Resolution No. 10426 , fixing the employer contribution under the Public... Page 255 of 793 CalPERS Health Resolution (Change), Revised April 2021
Section. If it is determined that City of Indio would not qualify as an agency or instrumentality of the state or political subdivision of a State under such final Regulations, CalPERS may be obligated, and reserves the right to terminate the health coverage of all participants of the employer; and be it further
RESOLVED, (d) That the executive body appoint and direct, and it does hereby appoint and direct, Andrew Ansoorian to file with the Board a verified copy of this resolution, and to perform on behalf of City of Indio all functions required of it under the Act; and be it further
RESOLVED, (e) That coverage under the Act be effective on January 13, 2024.
Adopted at a regular meeting of the Indio City Council at Indio, this 7th day of February, 2024.
Signed: _________________________________
LUPE RAMOS AMITH, MAYOR
Attest: _________________________________
SABDI SANCHEZ, CMC, CITY CLERK ADMINISTRATOR
Resolution No. 10426 , fixing the employer contribution under the Public... Page 256 of 793 City of Indio
City Council
February 7, 2024
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Ian Cozens, Director of Information Technology Subject: Master Sales Agreement between the City of Indio and ConvergeOne for the purchase and installation services for replacement servers and storage arrays in the amount of $1,061,892.35
RECOMMENDATION:
Approve the master sales agreement between the City of Indio and ConvergeOne for the purchase, installation, and configuration of new servers and storage arrays in the amount of $1,061,892.35.
SUMMARY:
The server infrastructure at Indio City Hall, Police Department, and Indio Water Authority were purchased and installed in fiscal year 17/18 and have reached the end of life, meaning that the manufacturers will no longer support the servers and they need to be replaced. Starting in late Summer of 2023, a team from the IT Department met with multiple vendors to discuss current technologies, the best options for the replacement, and to provide redundancy across our various sites. After researching the various options, how they work, and what would best fit the IT Department goals, the IT Department chose a Pure Storage with Cisco servers solution.
BACKGROUND INFORMATION:
The server infrastructure for the City of Indio, Indio Police Department, and Indio Water Authority has reached the end of support life with their current manufacturers and are due to be replaced. The Information Technology Department has performed an assessment of the current technologies for servers and storage solutions and selected Pure Storage with Cisco Servers as our recommended replacement solution.
By selecting Pure Storage, the IT Department will be able to set up replication between all our sites.
Pure Storage offers synchronous and asynchronous replication options, allowing us to create highly available and resilient data storage environments. This ensures that critical data is consistently backed up and accessible, minimizing the risk of data loss in the event of a system failure or disaster.
Pure Storage also offers a commitment to "Evergreen" technology. The Evergreen technology means that there will never be a need to do a forklift upgrade again to gain the latest storage technology. As long as the City maintains its maintenance agreement with Pure Storage, Pure Storage will proactively replace the controller cards, the brains of the storage array, every six years, meaning that the storage arrays will always have the latest technological innovations.
AGENDA ITEM #10.7
Master Sales Agreement between the City of Indio and ConvergeOne for the... Page 257 of 793 Pure Storage will also provide budget protection for the City in a couple of different ways. The City will not have to purchase replacement storage arrays as long as the City maintains our maintenance agreement, there no end of life on the Pure Storage products. Additionally, as long as the configuration does not change, Pure Storage will never raise the cost of their maintenance from our initial maintenance agreement. Almost all hardware vendors raise the costs of the maintenance after the initial maintenance period and will end of life their products requiring full replacement of the hardware usually within five to eight years.
If approved, the purchase of the Cisco servers and Pure Storage will be sole source as the City will be purchasing off of the NASPO contract. NASPO stands for National Association of State Procurement Officials. The NASPO agreements are pre-negotiated pricing and purchasing terms that uses the purchasing power of multiple states to provide lower pricing than the City could achieve on its own.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$1,061,892.35 In current year budget: Yes
Current FY General
Fund Impact:
0 Budget adjustment: No
Next FY Financial
Impact:
$113,500 Strategic Objective: Financial &
Environmental
Sustainability
Source of funds: Information Technology ISF Fund-Org-Object Reference:
602-555011
ATTACHMENTS:
Attachment 1 - CIty of Indio Master Sales Agreement
Attachment 2 - Compute and Storage Refresh with Replication Attachment 3 - City of Indio rev2 C1E Solution Quote Report
APPROVAL(S):
Ian Cozens, Director of Information Technology Approved - 29 Jan 2024 Steven Graham, City Attorney Approved - 30 Jan 2024
Alan Garcia, Accountant Approved - 30 Jan 2024
Bryan H. Montgomery, City Manager Approved - 30 Jan 2024
Master Sales Agreement between the City of Indio and ConvergeOne for the... Page 258 of 793 C1MasterSalesAgreement Page1of11 v04Ͳ22Ͳ2022
Agreement #C13516
Master Sales Agreement
Date: January 26, 2024
SELLER CONVERGEONE, INC. CUSTOMER: CITY OF INDIO
OR C1: 10900 Nesbitt Avenue S 100 Civic Circle Drive
Bloomington, MN 55437 Indio, CA 92201
This MASTER SALES AGREEMENT (“Agreement”) is made and entered into as of the date indicated above (“Effective Date”) by and between Seller and Customer. Seller and Customer are each a “Party” to this Agreement and may collectively be referred to here in as the “Parties.”
In consideration of the mutual undertakings herein contained, the Parties agree as follows:
1. Attachment A contains terms and provisions that are part of this Agreement and Attachment A is hereby herein incorporated by reference.
2. This Agreement shall apply to sales of the following to Customer:
a) All hardware, third party software, and/or Seller software (collectively, “Products”); b) All installation services, professional services, and/or third party provided support services that are generally associated with the Products and sold to customers by Seller (“Professional Services”); c) All Seller-provided vendor management services, software release management services, remote monitoring services and/or, troubleshooting services (collectively, “Managed Services”); and/or d) All Seller-provided maintenance services ordered by Customer to maintain and service Supported Products (as hereinafter defined in Article IV of Attachment A) or Supported Systems (as hereinafter defined in Article IV of Attachment A) at Supported Sites (as hereinafter defined in Article IV of Attachment A) to ensure that they operate in conformance with their respective documentation and specifications (“Maintenance Services”).
For purposes of this Agreement, Professional Services, Managed Services and Maintenance Services may be referred to collectively as “Services.”
3. Seller will provide the Products and Services to Customer summarized in the sales order documentation (collectively, a “Solu tion Summary”), which: (a) is signed by authorized representatives of each Party (except as set forth in Section 5 below); (b) reflects the price to be charged for such Products and/or Services; and (c) incorporates the following supporting documents, as applicable:
i) A “Statement of Work” or “Scope of Work” (“SOW”) which describes the Services to be performed; ii) A “Master Agreement Rider” which provides the line-item cost detail associated with the sale of Products and the provision of Professional Services and Managed Services; iii) A “Maintenance Service Order Form” which provides the line-item cost detail of the supported products, supported systems and supported sites in the provision of Maintenance Services; and/or iv) Any Solution Quote or other formal quote to which you and Seller mutually agree.
The Solution Summary and all appl icable supporting documents will be governed by the terms of this Agreement even in the absence of a reference to this Agreement (collectively, each an “Order”). Any Products and/or Services not specifically itemized in th e applicable Order are not provided.
4. Any amendment, supplement, or modification of any term or provis ion of this Agreement or any Order must be in a writing that is signed by authorized representatives of both Parties to this Agreement.
5. In lieu of an authorized representative of each Party signing a Solution Summary, the Parties agree that Customer may issue to Seller a purchase order to order Products and/or Services from Seller. Such purchase order shall be deemed Customer’s agreement to the terms and conditions of the corresponding Solution Summary. However, no pre-printed, additional, and/or alternate terms or provisions of the purchase order (other than the description of the Products and/or Services and the quantity thereof) shall ap ply.
Rather, only the terms and provisions of this Agreement shall apply to the sale of Products and/or Services.
6. This Agreement shall remain in effect until terminated by eit her Party. Either Party may terminate this Agreement, provided that such Party provides to the other Party written notice of such termination at least thirty (30) days prior to the effective date of s uch termination. The notice of termination shall reflect the effective date of the termination; if it does not, then the effective date of the termination shall be the date that is thirty (30) days after the non-terminating Party receives the written notice of the termi nation.
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Notwithstanding the foregoing, however, the termination of this Agreement shall not affect the obligations of either Party pursuant to the terms and provisions of any Solution Summary that has been executed by an authorized representative of each Party prior to the effective date of termination of this Agreement.
7. In the event of a conflict between the terms and conditions in this Agreement and any Order, the order of precedence shall b e as follows: (i) the applicable Order (with the most recent and specif ic document controlling if there are conflicts between the So lution Summary and any applicable supporting document(s) incorporated into the applicable Order), (ii) Attachment A to this Agreement, and (iii) the main body of this Agreement.
8. PURCHASE PRICE: Unless specifically stated and mutually agreed upon in a particular Solution Summary, the purchase price of the Products and/or Services set forth in each Solution Summary shall be paid as follows:
a) For Products and Professional Services (excluding third party support services):
i) Payment: The Price (as defined in Article I, Section 1 of Attachment A) is due thirty (30) days from the date the invoice is issued as follows:
(1) For Products:
(i) In the sole discretion of Seller and as set forth in th e Solution Summary, a deposit may be required and shall be due upon execution of the Solution Summary.
(ii) One Hundred percent (100%) of the Price attributable to the cost of such Product(s) (if a deposit is required as provided in (i) above, then the remaining balance) shall be invoiced upon shipment of the applicable Product(s).
However, in the event Seller ships Products for a particul ar Order in multiple shipments, the balance attributable to the Products contained in each such shipment shall be invoiced separately and due accordingly.
(2) For Professional Services (excluding third party support services):
(i) Professional Services provided on a time and materials basis will be invoiced monthly as Professional Services are performed by Seller (following depletion of the down payment); or
(ii) Professional Services provided on a fixed price basis are due either:
(A) If specified in the applicable Order, monthly as Professional Services are performed by Seller (following depletion of the down payment, if any); or
(B) Otherwise, periodically based on mutually agreed upon milestones as set forth in the applicable Order (following depletion of the down payment, if applicable). Milestone invoices shall be issued upon the date the applicable milestone is accepted, or deemed accepted pursuant to this subsection, by Customer.
Seller will provide Customer with a written acceptance acknowledgement form upon the substantial completion of the Professional Services associated with each milestone. Within ten (10) days of Customer’s receipt of such form, Customer may either sign such form confirming Customer’s acceptance of such milestone or provide Seller written notice disputing such milestone completion. If Customer provides written notice of a dispute, such milestone shall be deemed accepted by Customer immediately once suchdefects are remedied by Seller. If Customer fails to sign the applicable form or provide Seller written notice of a dispute, then the applicable milestone shall be deemed accepted by Customer upon the expiration of such ten (10) day period.
b) For Third Party Support Services : One Hundred percent (100%) of the Price attributable to the cost of third party support services as specified in the Solution Summary will be invoiced and due prior to commencement of the third party support services.
c) For Managed Services: Customer will be invoiced for Managed Services annually in advance and such invoices are due prior to the commencement of the applicable twelve (12)-month period.
d) For Maintenance Services: Customer will be invoiced for Maintenance Services annually in advance and such invoices are due prior to the commencement of the applicable twelve (12)-month period.
9. FINANCING OPTION: If Customer elects to lease the pertinent Products and/or Services, Customer:
a) Shall inform Seller of such election no later than the time that the applicable Solution Summary is executed to avoid being liable for sales tax on the Products and/or Services provided under the pertinent Solution Summary; and
b) May assign a Solution Summary to a financing company for the sole purpose of financing the Price, provided that Customer agrees that any such assignment shall not delay or relieve Customer of its duty to perform any of its obligations under this
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Agreement (including, but not limited to, liability for amounts owed under this Agreement). Customer further agrees that it shall not take any action, or refuse to take any action, that delays Seller’s receipt of payment from Customer’s financing company.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed and do each hereby warrant and represent that their respective signatory whose signature appears below has been and is on the date of this Agreement duly authorized by all necessary and appropriate corporate action to execute this Agreement.
SELLER: CONVERGEONE, INC. CUSTOMER: CITY OF INDIO
Signature: Signature:
Printed Name: Printed Name:
Title: Title:
Date: Date:
Shane Harper
Regional Vice President
01/26/2024
Brian H. Montgomery
City Manager
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ATTACHMENT A – TERMS AND CONDITIONS
ARTICLE I – GENERAL TERMS AND CONDITIONS OF THE AGREEMENT
1. PRICE; PAYMENT; TAXES; COST ADJUSTMENT.
a) Customer agrees to pay the price of each of the Products and/or Services described on an Order, together with freight, taxes , and any other itemized charges, fees, and costs in United States Dollars (the “Price”). b) Except for material breach by Seller, termination of this Agreement shall not affect Customer’s obligation to pay the Price. c) If Customer is exempt from tax, Customer shall provide to Seller a valid tax exemption certificate at the time that this Agr eement is executed. Customer agrees to indemnify and hold harmless Seller (i) from any and all liens, actions, or claims made by or on behalf of any tax authority in connections with any payment made to Seller, and (ii) for all costs incurred by Seller in connection with the foregoing (including, but not limited to, reasonable attorneys’ fees). d) Interest on any past due obligation shall accrue at the rate of one and one-half percent (1½%) per month or at the maximum rate allowed by law, whichever is lower. All prices are exclusive of applicable taxes or other charges imposed by law. e) For Managed Services and Maintenance Services that are provided for a term that exceeds twelve (12) months or are subject to renewal for any successive term(s), the Price shall be subject to annual increase as follows:
i. Upon completion of the first year of the term, the Price specified in a Solution Summary, Maintenance Services Order Form, or Statement of Work (as applicable) is subject to automatic annual increase by the lesser of: (A) five percent (5%), or (B) the CPI Adjustment (as defined below). The “CPI Adjustment” is a percentage equal to the amount of the increase in the unadjusted Consumer Price Index for all Urban Consumers as published in the Summary Data from the Consumer Price Index News Release by the Bureau of Labor Statistics, U.S. Department of Labor (“CPI”), reported in the month immediately preceding the month of completion of each annual period during the current term or renewal term (the “Current Period CPI”) from the CPI reported for the same month twelve (12) months prior (the “Previous Period CPI”). The CPI Adjustment is calculated by: (1) subtracting the Previous Period CPI from the Current Period CPI to obtain the amount of the “Index Point Change”, and (2) dividing the Index Point Change by the Previous Period CPI and multiplying that amount by 100.
2. REMEDIES UPON DEFAULT. In the event that Customer fails to pay according to the terms and provisions of this Agreement, or fails to perform any of its obligations pursuant to the terms and provisions of this Agreement, then Seller, at its option, may do any or all of the following: (i) upon notice to Customer, terminate this Agreement and/or any Order related to this Agreement; (ii) regar dless of whether this Agreement and/or any Order related to this Agreement is terminated, suspend further performance under this Agreeme nt and/or any Order related to this Agreement; and (iii) retain, as an offset to Customer’s liability for such default, all or a p ortion of the progress payments (if any) previously paid by Customer. Customer shall in any event remain fully liable for damages resulting from Customer’s breach (including, but not limited to, all costs and expenses incurred by Seller on account of such breach, including costs of arbitration and reasonable attorneys’ fees). The rights afforded Seller hereunder shall not be deemed to be exclusive but, instead, shall be in addition to any rights or remedies provided by law.
3. INDEPENDENT CONTRACTOR. Seller shall conduct its business as an independent contractor with respect to Customer. Seller will represent to third persons, to the public generally, and to all governmental bodies (including, but not limited to, federa l, state, and local authorities) that the business conducted by Seller with respect to Customer is that of an independent contractor and that such is the sole relationship between the Parties. It is expressly understood that Seller is in no way considered the legal representative of Customer for any purpose whatsoever with respect to this Agreement. Customer shall deduct no income tax or other withholdings whatsoever from payments due to Seller.
4. CUSTOMER COOPERATION. Customer shall cooperate fully with Seller to facilitate performance of Seller’s obligations hereunder, including the rendition of Services and/or the installation of Products. Customer shall dedicate such time, personnel, and res ources as may be reasonably necessary to complete Seller’s performance of Services. Cooperation shall include the following:
(a) Customer shall designate a coordinator at Customer’s site with the knowledge and authority to make decisions with respect t o all of Customer’s operations in order for Seller to meet its obligations hereunder; (b) Customer shall make available such data as is neces sary to adequately test the Products and/or Services; (c) If Customer is purchasing an application software solution, Cus tomer shall be responsible for the operation of each CPU, conducting a back-up, performing all program translation, contacting all third- party vendors to confirm that existing hardware and softwar e will be compatible with the new software, and processing any necessary changes; (d) Customer shall provide full, free, and safe access to Customer ’s facilities to allow Seller to meet its obligations hereunder; (e) Customer shall provide the telephone numbers, network addresses, and passwords necessary for Seller to gain remote access t o Customer’s systems when necessary in connection with the performance of Services; (f) Customer shall provide (i) interface information for Managed Products (as defined in Article III, Section 1 of this Attachm ent A) and Supported Products (as defined in Article IV, Section 1 of this A ttachment A), and (ii) any third party consents and licenses n eeded by Seller to access such Managed Products and Supported Products; and (g) If Seller provides an Update pursuant to Article IV, Section 2(f) of this Attachment A, or other new release of software as part of the Maintenance Services, Customer will promptly implement such Update or new release. (h) Customer expressly acknowledges that with respect to Seller’s performance of the Services called for under this Agreement, such
Services do not involve or in any way require Seller's access to Personal Data as defined herein. If, in the future, Customer requests additional services that require Seller access to Personal Data, those additional services, and the security requirements associated with Seller's access to Personal Data in order to perform those additional services, shall be subject to a separate written agreement between the parties. “Personal Data” is personal data of any employee, customer, or other individual. (i) In order to mitigate any potential delays in the provision of Products and/or Services under any Order, Customer shall promptly perform all of its obligations set forth in this Agreement and the applicab le Order(s). However, in the event of any Customer delay(s) which reasonably impact Seller’s provision of Products and/or Services, Customer agrees that Seller may invoice Customer, and Custome r
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agrees to pay Seller, for each applicable milestone or other periodic payment upon the originally anticipated completion date m utually agreed to by the parties in the applicable Order and/or as part of the project kick-off process.
5. FORCE MAJEURE. Seller shall not be liable for any loss, failure, or delay in furnishing Products, or providing Services, resulting from any of the following: fires; explosions; floods; storms; acts of God; governmental acts, orders, or regulations; hostilit ies; acts of terrorism; civil disturbances; strikes; labor difficulties; machinery breakdowns; transportation contingencies; difficulty in o btaining parts, supplies, or shipping facilities; delays of carriers; or any other cause beyond the control of Seller.
6. ARBITRATION. Except for any matters related to the collection of outstanding amounts due from Customer to Seller hereunder, Seller and Customer agree to submit any and all disputes (of whatever kind or nature, whether in law or in equity,) arising out of the terms and provisions of this Agreement (including, but not limited to, determining the validity, specific enforcement, breach, or int erpretation of this Agreement) to binding arbitration only, such arbitration to be conducted pursuant to the then-current Commercial Arbitration Rules of the American Arbitration Association and to be held before a single arbitrator at a location mutually agreeable to the Parties. The Parties shall be entitled to limited discovery under the Federal Rules of Civil Procedure. Notwithstanding the foregoing, in the event that third parties are necessary to achieve a just adjudication of the issues, either Party may commence a civil action in a court of comp etent jurisdiction having jurisdiction over all parties involved. The prevailing Party shall be entitled to recover from the non-pre vailing Party its costs and reasonable attorneys’ fees incurred in connection with any action or proceeding that arises from the terms and provis ions of this Agreement. The Parties further agree that any monetary award may be reduced to judgment and docketed in any court of competent jurisdiction without objection and execution had thereon. This provision shall survive the termination of this Agreement. No arbitration or action, regardless of form, arising out of the terms and provisions of this Agreement may be brought or commenced by either Party more than one (1) year after the dispute, claim, or cause of action arose.
7. LIMITATION OF LIABILITY. THE ENTIRE LIABILITY OF SELLER (AND SELLER’S OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES) AND CUSTOMER’S EXCLUSIVE REMEDIES FOR ANY DAMAGES CAUSED BY ANY
PRODUCT DEFECT OR FAILURE, OR ARISING FROM THE PERFORMANCE OR NON-PERFORMANCE OF ANY SERVICES,
REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), SHALL BE (I) FOR FAILURE OF PRODUCTS DURING THE WARRANTY PERIOD, THE REMEDIES STATED IN ARTICLE II, SECTION 3 OF THIS ATTACHMENT A; (II) FOR DELAYS IN DELIVERY OR INSTALLATION (WHICHEVER IS APPLICABLE) OF MORE THAN SIXTY (60) DAYS BY CAUSES ATTRIBUTABLE SOLELY TO SELLER, UPON THIRTY (30) DAYS’ WRITTEN NOTICE FROM CUSTOMER TO SELLER OF SUCH DELAY AND SELLER’S FAILURE TO CORRECT SUCH FAILURE WITHIN SUCH NOTICE PERIOD, CUSTOMER’S SOLE REMEDY
SHALL BE TO TERMINATE THE APPLICABLE ORDER WITHOUT INCURRING CHARGES FOR SUCH TERMINATION AND, WITHIN THIRTY (30) DAYS AFTER THE EFFECTIVE DATE OF SUCH TERMINATION, RECEIVE A REFUND OF ALL MONIES PAID UNDER SUCH ORDER; OR (III) FOR SELLER’S FAILURE TO PERFORM ANY OTHER MATERIAL TERM OF THIS AGREEMENT, IF SELLER DOES NOT CORRECT SUCH FAILURE WITHIN THIRTY (30) DAYS AFTER RECEIPT OF WRITTEN NOTICE ADDRESSING SUCH FAILURE, CUSTOMER’S SOLE REMEDY SHALL BE TO TERMINATE THE APPLICABLE ORDER WITHOUT INCURRING CHARGES FOR SUCH TERMINATION AND, WITHIN THIRTY (30) DAYS AFTER THE EFFECTIVE DATE OF SUCH TERMINATION, RECEIVE A REFUND OF ALL MONIES PAID UNDER SUCH SOLUTION SUMMARY. SELLER SHALL IN NO CASE BE LIABLE FOR PUNITIVE,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES OF ANY KIND; LOST, CORRUPTED, MISDIRECTED, OR MISAPPROPRIATED DATA; NETWORK DOWNTIME; INTERRUPTION OF BUSINESS ARISING OUT OF OR IN CONNECTION WITH PERFORMANCE OR NON- PERFORMANCE OF THE PRODUCTS OR USE BY CUSTOMER; CHARGES FOR COMMON CARRIER TELECOMMUNICATIONS SERVICES; COST OF COVER; OR CHARGES FOR FACILITIES ACCESSED THROUGH OR CONNECTED TO THE PRODUCTS (“TOLL FRAUD”)). THE PREVIOUS SENTENCE APPLIES REGARDLESS OF WHETHER SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. NON-SOLICITATION OF EMPLOYMENT.
Customer shall not solicit for employment, either directly or indirectly, employees or subcontractors of Seller during the term of any Order, or for a period of twelve (12) months thereafter; provided, however, that Customer may hire employees or subcontractors of Seller if such employees or subcontractors initiate contact with Customer (e.g., a response to general employment advertisements of Customer). If Customer violates this provision, Customer will pay to Seller an amount equal to the amount of total potential compensation for the first twelve (12) months for the employee or subcontractor of Seller that has been hired. Customer shall pay such amount to Seller o n the date that is thirty (30) days after the person accepts an offer of employment from Customer.
9. AFFILIATE RIGHTS.
(a) C1. The Parties agree that any C1 Affiliate may sell Products and/or Services to Customer under the terms and provisions of this Agreement; provided, however, that only the C1 Affiliate that is the party to such sale is liable to Customer for the sale of s uch Products and/or Services. By signing a given Order for any such sale, the applicable C1 Affiliate and Customer agree that the terms and conditions of this Agreement will apply to such sale as if such C1 Affiliate were Seller under this Agreement, but only with respect to such sale. For purposes of this Agreement, “C1 Affiliate” means any corporation, partnership, or other entity that, directly or indirectly, co ntrols (or is controlled by or is under common control with) Seller.
(b) Customer. Seller agrees that Seller approved Affiliates (as that term is defined below) may purchase Products and/or Services under the terms and conditions of this Agreement by signing an Order re ferencing this Agreement. The terms of this Agreement will be incorporated by reference in any such Order as if this Agreement were separately executed by such Affiliate (and solely by such Affiliate) and the term “Customer” used herein will be deemed as applying to such Affiliate for the purposes of the Order. The applicable rights, obligations and liabilities of Customer under each Order executed by Customer will be solely those of Customer, and none of the Affiliates will be responsible for any obligations or liabilities of Customer under such Order. The applicable rights, obligations and li abilities of an Affiliate executing an Order will be solely those of such Affiliate, and neither Customer nor any other Affiliate will be respo nsible for any obligations or liabilities of the Affiliate under the Order. Under no circumstances will Customer and any of the Affiliates be jointly or severally liable for the obligations of the others. “Affiliate (s)” means any entity that directly or indirectly controls, is c ontrolled by, or is under common control or ownership with Customer, where “control” (including the terms “controlled by” and “under common control with”) means the possession, directly or indirectly, of the power to direct, cause or influence the direction of the management polici es of a person, whether through the ownership of voting securities, by contract, or otherwise.
10. MISCELLANEOUS.
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(a) Merger. This Agreement constitutes the entire agreement between Seller and Customer with respect to the subject matter described herein, superseding all prior and contemporaneous correspondence between the Parties. (b) No Assignment. This Agreement shall not be assignable by either Party without the prior written consent of the other Party, which consent shall not be unreasonably withheld; provided, however, that in any assignment of this Agreement, both the assignor and the assignee are jointly and severally liable under this Agreement for any outstanding obligations of the assignor that are due as of the date of the assignment. Notwithstanding the foregoing, (i) Seller may, without notice, assign the Agreement, in whole or in part, or any of its rights hereunder to an affiliate or entity which acquires all or substantially all of Seller’s assets (with an “affiliate” for purposes of this section meaning (a) any corporation or other entity owning, either directly or indirectly, a majority of the outstanding stock of Seller ("Parent") or (b) any corporation or other entity in which a majority of the ownership interest is held either directly or indi rectly by Parent or Seller); and (ii) Seller may assign all of its rights and delegate all of its obligations with respect to any order that rel ates to the performance of Professional Services and/or delivery of Products at any location that is outside of the United States of America to one or more third parties believed by Seller in good faith to be capable of providing such goods and services. (c) Notices. Any notice required or permitted under this Agreement shall be in writing and delivered to the address of the other Party as set forth in this Agreement or to such other address as a Party shall designate and shall be: (i) delivered in person, (ii) sent by overnight courier service, properly addressed and prepaid, or (iii) sent by first class mail, properly addressed and with the c orrect postage.
(d) Acknowledgment and Authority. By execution hereof, the signers hereby certify that they have read this Agreement and these terms, understand them, and agree to all terms and provisions stated herein. In addition, Seller and Customer warrant to each other that each respective Party and its respective signatory have the full right, power, and authority to execute this Agreement. (e) Secrecy and Confidentiality. Each Party (the “Receiving Party”) covenants and agr ees on behalf of itself, its officers, directors, employees, and agents as follows: (i) all information obtained from the other Party (the “Disclosing Party”) (including, but not limited to, the terms and conditions of this Agreement, customer lists, cust omer-sensitive information, business practices and operations, pricing and financial information, product plans and designs, and configurations and layouts) is secret, proprietary, and confidential (“Confidential Information”); (ii) such Confidential Information shall be neither disclosed to any third party without the prior written appro val of the Disclosing Party (except Seller may disclose Customer’s Confidenti al Information to its subcontractors under this Agreement, bu t will ensure that such subcontractors are subject to the same confidentiality obligations set forth herein) nor used for any unauthorized purpose; and (iii) the Receiving Party shall use its best efforts to return such Confidential Information to the Disclosing Party upon t ermination of this Agreement. However,the Receiving Party shall have no obligation to preserve the confidentiality of any Confidential Information which (i) was known to the Receiving Party free of any obligation to keep it confidential; (ii) is or becomes publicly available by other than the authorized disclosure by the Receiving Party; (iii) is independently developed by or on behalf of the Receiving Party indep endent of any Confidential Information received from the Disclosing Party; (iv) is received by the Receiving Party from a third party whose disclosure does not violate any confidentiality obligation; or (v) is required by law to be disclosed by the Receiving Party, provided that the receiving party gives the Disclosing Party prompt written notice of such requirement prior to such disclosure and reasonable assistance, at the Disclosing Party’s sole expense, in obtaining an order, if necessary, protecting the information from public disclosure. The Parties further acknowledge that the unauthorized use or disclosure of Confidential Information will create a risk of irreparable harm to the D isclosing Party, entitling the Disclosing Party to seek injunctive relief, without the necessity of posting a bond, against the receiving party to prevent such harm in addition to all other remedies at law, including monetary damages. (f) Intellectual Property Rights. Provisions pertaining to title and risk of loss in connection with the purchase of applicable Products and/or Services are set forth Articles II-IV of this Attachment A below. Additionally, each Party reserves all rights, including, but not limited to, ownership, title, intellectual property rights and all other rights and interest in and to any intellectual property that it makes available to the other Party as is necessary for such other Party’s performance under this Agreement. Furthermore, Seller will own any intel lectual property that it develops, creates, or otherwise acquires, excluding Customer’s intellectual property, while performing the Services, unless otherwise mutually agreed to and expressly set forth in the applicable Order. For Services that are purchased, developed, or cr eated under this Agreement, upon receipt of Customer’s payment for such Services, Seller hereby grants Customer a perpetual, non-exclusive, non-transferable, fully-paid license to use and reproduce the Services as originally configured and deployed for the limited pu rpose of conducting Customer’s internal business. Seller reserves all other intellectual property rights not expressly granted herein. (g) No Resale. In the event that the Products contain manufacturer’s software, Customer shall not resell the software or provide access to the software either directly or indirectly to third parties unless authorized to do so in an Order. (h) Waiver. If either Party fails to enforce any right or remedy available under the terms and provisions of this Agreement, such failure shall not be construed as a waiver of any right or remedy with respect to that breach or any other breach or failure by the oth er Party.
Rather, any waiver of a Party’s rights or remedies available under the terms and provisions of this Agreement must be in a writing that is signed by the Party against whom enforcement is sought. (i) Severability. In the event that any term or provision of this Agreement is held to be illegal, unenforceable, or invalid, the remaining terms and provisions hereof shall remain in full force and effect. (j) Survival of Terms. Notwithstanding any termination or expiration of this Agreement, all rights and remedies available to the Parties and all terms and provisions of this Agreement that are not performed or cannot be performed during the term of this Agreement shall survive the termination or expiration of this Agreement. (k) Governing Law. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of Minnesota, without regard to its choice or conflicts of law principles. (l) Counterparts and Electronic Signature. This Agreement may be executed in two (2) or more counterparts, each of which will be deemed an original, but all of which taken together shall constitute one (1) and the same Agreement. The counterparts of this Agreement may be executed and delivered by facsimile or other electronic signature by one (1) Party to the other Party. The receiving Pa rty may rely on the receipt of such document so executed and delivered by facsimile or other electronic means as if the original had been received.
ARTICLE II – ADDITIONAL TERMS AND CONDITIONS SPECIFIC FOR PRODUCTS AND PROFESSIONAL SERVICES
1. TITLE; RISK OF LOSS. Title, ownership, and risk of loss of hardware sold pursuant to the terms and provisions of this Agreement shall pass to Customer upon delivery to Customer. Title and ownership of software delivered to Customer pursuant to the terms and
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provisions of this Agreement shall remain solely with its licensor. Risk of loss of software delivered to Customer pursuant to the terms and provisions of this Agreement shall pass to Customer upon delivery to Customer.
2. SECURITY INTEREST. Seller reserves a purchase money security interest in and to the Products (together with the cost of any Professional Services related thereto) sold hereunder as security for performance of Customer’s obligations. Seller may file t he Agreement (together with any attachments thereto) to perfect such interest.
3. WARRANTIES; DISCLAIMERS; SOFTWARE LICENSES. Seller represents and warrants tha t, immediately prior to the sale of Products to Customer, Seller will be the lawful owner thereof, free and clear of any liens and encumbrances (other than those t hat may arise under the terms and provisions of this Agreement). In addition, Seller represents and warrants that Seller has the full right, power, and authority to sell, deliver, or provide the Products to Customer. (a) Product Warranties. Products are warranted to Customer either directly by the original equipment manufacturer (“OEM”) or by Seller.
1) Direct OEM Warranty. Customer receives the OEM’s warranty in effect at the time of delivery with respect to hardware purchased and/or software licensed hereunder. Except for the wa rranties of title and rightful transfer, the OEM warranty is Cu stomer’s sole warranty with respect to such items. SELLER MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO OEM PRODUCTS.
2) Indirect OEM Warranty. If Customer does not receive the Product warranty directly from the OEM, then Seller warrants the Products to Customer to the same extent and term as the OEM warrants the Products to Seller. Upon request, Seller will provide such warranty information to Customer. Except for the warranties of title and rightful transfer, the OEM warranty is Customer’s sole warranty with respect to such items. SELLER MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO OEM PRODUCTS.
3) Seller Warranty for Refurbished Products.
i) Products refurbished by Seller are warranted for a term of one (1) year from either (i) the date of delivery of the Products if such Products are installed by Customer; or (ii) the date of Products installation if such Products are installed by Seller. ii) This warranty does not extend to Products or components thereof that have had their serial numbers, date of manufacturing, or OEM labels removed, defaced, or altered, nor does this warranty cover any of the following: counterfeit parts; repair for d amages to Products or components thereof; or malfunctions caused by (i) misuse, neglect, power failures, power surges, lightning, fire, f lood, or accident; (ii) use of products or facilities supplied by others; (iii) failure to follow installation, operation, or maintenanc e instructions; (iv) failure to permit remote access; or (v) force majeure conditions specified in Article I, Section 5 of this Attachment A. (b) Professional Services Warranty. Professional Services are warranted for thirty (30) days from the date on which such Professional Services are completed. Professional Services will be performed in a good and workmanlike manner by qualified personnel. (c) Warranty Procedures and Disclaimers. The terms and provisions of this Article II, Section 3(c) apply to all Products and Replacement Products provided hereunder.
1) If Products or Replacement Products do not conform to the Products warranty during the warranty period, Customer shall promptly notify Seller in writing of such non-conformance, which shall be stated in detail sufficient to describe both the prob lem and its symptoms. Seller or the OEM (as the case may be), at its option, will either (i) repair such Products so that Products conform to the Products warranty; or (ii) replace such Products with Products that conform to the Products warranty (“Replacement Products”).
Replacement Products are warranted as outlined above for the remainder of the original applicable Products warranty period. The original Products that were replaced become the property of Seller. Seller will not charge Customer for the Replacement Products. Sell er, however, may charge Customer for the time that is incurred to diagnose the problem and to repair or replace such Products, if the problem is not covered by the Products warranty.
2) THE EXPRESS WARRANTIES HEREIN CONTAINED ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH SELLER DISCLAIMS AND ARE EXCLUDED. SELLER DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OF THE PRODUCTS OR SERVICES PROVIDED HEREUNDER. SELLER DOES
NOT WARRANT THAT THE PRODUCTS ARE IMMUNE FROM OR WILL PREVENT EITHER FRAUDULENT INTRUSION OR UNAUTHORIZED USE. SELLER WILL NOT BE RESPONSIBLE FOR UNAUTHORIZED USE (OR THE IMPACTS OF FOR SUCH USE) OF COMMON CARRIER SERVICES OR FACILITIES ACCESSED THROUGH OR CONNECTED TO THE PRODUCTS. UNLESS OTHERWISE AGREED IN THIS AGREEMENT, CUSTOMER IS SOLELY RESPONSIBLE FOR ENSURING THAT CUSTOMER’S NETWORKS AND SYSTEMS ARE ADEQUATELY SECURED AGAINST UNAUTHORIZED INTRUSION. 3) If the Products are to be used either on or to support Telephony over Transmission Control Protocol/Internet Protocol (TCP/I P) facilities, Seller requires that a network assessment be performed prior to installation to determine network performance, reli ability, and security. In the event that Customer either refuses to authorize a pre-installation network assessment or fails to follow Seller’s reasonable recommendations after Seller performs the network assessment, and if performance problems are encountered and determined to be associated with network performance, reliability, or security issues, Customer shall be solely responsible for all costs associ ated with a post-installation network assessment and network reconfiguration. (d) Software Licenses. Customer agrees that it has read, understood, and will abide by the terms and provisions of the software license(s) applicable to the Products provided hereunder. Such software licenses may be found on the Internet at https://www.onec1.com/agreements. Seller Software licenses, as identified in the pertinent Solution Summary, may be found in the Statement of Work corresponding to such Solution Summary.
4. PROFESSIONAL SERVICES AND TIMING. Professional Services not specifically itemized are not provided. CUSTOMER IS
SOLELY RESPONSIBLE FOR SYSTEM BACK-UP PRIOR TO COMMENCEMENT OF PROFESSIONAL SERVICES OR INSTALLATION OF PRODUCTS.
5. TERMINATION RIGHTS FOR PRODUCTS AND PROFESSIONAL SERVICES. (a) PRODUCT RETURNS: All configured orders, including hardware and softwar e, are non-returnable. All software, regardless of whether such software is part of a configured order, is non-returnable. All authorized returns may be assessed a twenty percen t (20%) restocking charge; provided, however, that Product returns based on warranty claims will not be assessed such restocking charge.
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(b) PROFESSIONAL SERVICES.
1) Time and Material: For Professional Services provided on a time and material basis, Customer agrees to pay for time and mat erial Professional Services rendered up to and through the effective date of cancellation. 2) Fixed Price: For Professional Services provided on a fixed price basis, unless otherwise set forth in the applicable Order, fixed price Professional Services may not be cancelled.
ARTICLE III – ADDITIONAL TERMS AND CONDITIONS SPECIFIC FOR MANAGED SERVICES
1. DEFINED TERMS OF ARTICLE III.
(a) “EULA” is an acronym used to refer to an End User License Agreement. (b) “Managed Products” are all hardware and/or software identified on a Master Agreement Rider or Solution Quote for which the Managed Services are to be provided.
(c) “Managed Sites” are the locations specified on each applicable Master Agreement Rider or Solution Quote.
2. PROVISION AND SCOPE OF MANAGED SERVICES.
(a) Order Form and Provision of Managed Services. Seller will provide the Managed Services for Managed Products at Managed Sites, as described further in each pertinent Solution Summary that references the Agreement. The Price set forth on such Solu tion Summary for Managed Services is based on the number of active Ma naged Products. Seller, at its discretion, will perform a true -up on a quarterly basis to reconcile future billing on any Managed Products that have been added (activated) or removed (deactivated) during the previous period.
(b) Monitoring. Seller may electronically monitor Managed Products for the following purposes: (i) to perform and analyze diagnostics from a remote location and to take corrective actions, if nece ssary; (ii) to determine system configuration and applicable char ges; (iii) to verify compliance with applicable software license terms and restrictions; (iv) to assess Customer needs for additional product s and/or Managed Services; and (v) as otherwise provided in each applicable Solution Summary. (c) General Limitations. Seller will not provide Managed Services for Managed Products that have been misused, used in breach of the terms and provisions of their respective license, improperly installed or configured, or that have had their serial numbers altered, defaced, or deleted.
3. CUSTOMER RESPONSIBILITIES FOR MANAGED SERVICES.
(a) Provision of Ma naged Products. Customer will provide all Managed Products and Managed Sites. Customer continuously represents and warrants that (i) Customer is either the owner of, or is authorized to access and use, each Managed Product and each Managed Site; and (ii) Seller and its suppliers and subcontractors are authorized to do the same to the extent necessary to pro vide the Managed Services in a timely manner.
(b) Moves of Managed Products. When Customer seeks to move any Managed Products, Customer will notify Seller. Only Seller or its authorized agent may move Managed Products. Seller may charge additional amounts to recover any additional costs incurred by Seller in providing the Managed Services that result from the move of Managed Products by a party other than Seller or its auth orized agent.
(c) Identification Tags. Customer will not remove any identification tags or other markings from any Managed Product.
4. TITLE AND RISK OF LOSS OF MANAGED PRODUCTS. Except for Products provided by Seller to Customer under the terms and provisions of this Agreement, title to the Managed Products will have passed to Customer pursuant to the terms and provisions o f a separate agreement under which Customer originally obtained the M anaged Products. Customer will bear the risk of loss, theft, destruction, or damage to the Managed Products (each, a “Loss”), and Customer will promptly provide written notice to Seller of any Loss that occurs. Customer, at its expense, will maintain insurance against Losses to the Managed Products for the full replacement value of the Managed Products. Upon Seller’s request, Customer will provide Seller with evidence of this insurance.
5. SOFTWARE LICENSE FOR MONITORING SOFTWARE INCLUDED IN MANAGED SERVICES. Customer understands that Seller may license software from a third party to provide the Managed Services for which Customer may have access to certain functionality.
Customer may use such software in accordance with the terms and conditions of any end user license agreement accompanying such software, whether the terms and conditions of the end user license be in “shrinkwrap,” “clickwrap,” or some other form.
6. TERM AND TERMINATION RIGHTS OF MANAGED SERVICES.
(a) Managed Services Term. Unless a different term is specified on the pertinent Solution Summary, or in the Statement of Work corresponding to such Solution Summary, Seller will provide the applicable Managed Services for a term (“Managed Services Term”) of one (1) year.
(b) Termination Rights of Managed Services.
1) For Convenience. Unless otherwise specified on the pertinent Solution Summary, or in the applicable Statement of Work, Customer may terminate Managed Services, in whole or in part, upon providing Seller with thirty (30) days advance written notic e; provided, however, that Customer shall be liable to Seller for the lesser amount due for Managed Services for (i) twelve (12) m onths; or (ii) the remainder of the Managed Services Term.
2) For Cause. Either Party may terminate the pertinent Managed Services included in a Solution Summary without liability to the other Party by providing written notice to such other Party if such other Party (a) fails to cure any material breach of the te rms and provisions of the Agreement or the applicable Managed Services included in such Solution Summary within a thirty (30)-day period after it has received from the non-breaching Party a written notice that details the breach and requests that the breach be cured; or (b) becomes insolvent or insolvency proceedings are instituted against such other Party.
7. MANAGED SERVICES WARRANTIES; DISCLAIMERS.
(a) Managed Services Warranty. Seller represents and warrants to Customer that the Managed Services will be performed in a professional and workmanlike manner by qualified personnel and in accordance with the terms and provisions of the Agreement and the pertinent Solution Summary. If the Managed Services have not been so performed and if within thirty (30) days after the performance of the Managed Services Customer provides to Seller written notice of such non-compliance, then Seller, at its option, will re-per form the Managed Services, correct the deficiencies, or render a prorated refund based on the original charge for the deficient Managed Services.
The warranty remedies expressly provided in this Section will be Customer’s sole and exclusive remedies for breach of warranty claims only.
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(b) EXCEPT AS REFERENCED AND LIMITED IN THIS ARTICLE III, SECTION 7 OF ATTACHMENT A, NEITHER SELLER NOR ITS
LICENSORS OR SUPPLIERS MAKE ANY OTHER EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE MANAGED SERVICES. IN PARTICULAR, THERE IS NO WARRANTY THAT ALL SECURITY THREATS AND
VULNERABILITIES WILL BE DETECTED OR THAT THE MANAGED SERVICES WILL RENDER ANY PRODUCT SAFE FROM SECURITY BREACHES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLER DISCLAIMS ALL OTHER
EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ARTICLE IV – ADDITIONAL TERMS AND CONDITIONS SPECIFIC FOR MAINTENANCE SERVICES
1. DEFINED TERMS OF ARTICLE IV.
(a) “Added Products” are those additional Customer-acquired products of the same type and manufacturer(s) as the existing Supported Products.
(b) “End of Support” occurs when the manufacturer declares a Supported Product “end of life,” “end of service,” “end of support ,” “manufacture discontinue,” or any similar designation.
(c) “Extended Support” is the limited set of Maintenance Services provided by Seller when certain Supported Products are subjec t to End of Support.
(d) “Host” is a third party service provider.
(e) “Maintained Products” means collectively, the Supported Products and the Supported Systems (f) “New Software” includes patches, Updates, or feature upgrades for Supported Products. (g) “Supported Products” are (1) all hardware and/or software identified on a Maintenance Services Order Form for which the Maintenance Services are to be provided; and (2) Added Products. (h) “Supported Sites” are the locations specified on a Maintenance Services Order Form or Statement of Work. (i) “Supported Systems” are the networks specified on a Maintenanc e Services Order Form, and/or a group of Supported Products. (j) “Replacement Hardware” is hardware that Seller provides as part of the Maintenance Services. (k) “Vendor Management” are certain functions Seller performs to in struct third party vendors, or request products or services on Customer’s behalf from third party vendors, under Customer’s supply contracts with such third party vendors.
2. PROVISION AND SCOPE OF MAINTENANCE SERVICES.
(a) Order Form and Provision of Maintenance Services. Seller will provide the Maintenance Services for Supported Products or Supported Systems at Supported Sites, as described further in the Solution Summary. The Price set forth on the pertinent Solut ion Summary is based on the port and item counts provided to Seller. If the actual quantities of ports that are maintained at the inception of the Solution Summary vary by more than five percent (5%) from the port count provided to Seller, and/or there is a discovery of additional items, Seller reserves the right to adjust the Price on the applicable Solution Summary to reflect the actual quantities being maintained.
Seller, at its discretion, will perform a true-up on a quarterly basis to reconcile future billing on any items that have been added (activated) or removed (deactivated) during the previous period.
(b) Title and Risk of Loss of Supported Products. Except for Products sold by Seller to Customer under the terms and provision of this Agreement, title to the Supported Products will have passed to Customer pursuant to the terms and provisions of a separate agreement under which Customer originally obtained the Supported Products. Title to any Replacement Hardware (as defined in Article IV, Section 2(h) of this Attachment A) (if applicable) provided by Seller as part of the Maintenance Services will pass to Cust omer when installed. Customer bears the risk of loss, theft, destruction, or damage to the Supported Products (each, a “Loss”), and Cust omer will promptly provide Seller with written notice of any Loss that occurs. Customer, at its expense, will maintain insurance against Losses to the Supported Products for the full replacem ent value of the Maintained Products. Upon the request of Seller, Customer will pr ovide Seller with evidence of this insurance.
(c) Monitoring. Seller may electronically monitor Maintained Products for the following purposes: (i) to perform and analyze diagnostics from a remote location and to take corrective actions, if nece ssary; (ii) to determine system configuration and applicable char ges; (iii) to verify compliance with applicable software license terms and restrictions; (iv) to assess Customer needs for additional product s and/or Maintenance Services; and (v) as otherwise provided in the Statement of Work. (d) Error Correction. Some Maintenance Services options may include correction of Errors. An “Error” means a failure of a Supported Product to conform in all material respects to the manufacturer’ s specifications applicable whe n the Supported Product was orig inally purchased or originally licensed by Customer.
(e) Help Line Support. Where the Maintenance Services include help line support, Seller will provide such help line support (e.g., service hours and target response intervals) in accordance with that which is indicated on the Solution Summary. (f) Updates. Where the Maintenance Services include the provision of Updates, Seller will make available to Customer such Updates as the manufacturer makes available to Seller. An “Update” is a change in software that typically provides maintenance correction only.
An Update typically is designated as a change in the digit to th e right of the second decimal point (e.g., n.y.[z]). Seller, at its option, will determine how to provide an Update (e.g., via a website, email, U.S. Mail, etc.). Updates may either be remotely installed by Seller (or its subcontractor) or delivered to Customer for installation by Customer. (g) End of Support. The Seller may discontinue or limit the scope of Maintenance Services on a Supported Product for which the manufacturer has declared End of Support. If Maintenance Services are discontinued for a Supported Product, the Supported Prod uct will be removed from the Solution Summary and the Price adjusted accordingly. For certain Supported Products subject to End of Support, Seller may continue to offer Extended Support. Where Seller chooses to provide such Extended Support, the description of such Extended Support, and the fees associated therewith, will be available at the time notice is sent by Seller to Customer. These notices will communicate information such as Extended Support eligibility, Extended Support alerts related to parts shortages, and end of Maintenance Services (including Extended Support) eligibility. (h) Replacement Hardware. Replacement Hardware may be new, factory reconditioned, refurbished, re-manufactured, or functionally equivalent. Replacement Hardware, if not new, will be warranted the same as new hardware and will be equivalent to new in its performance. Replacement Hardware will only be furnished on an exchange basis. Immediately upon Customer’s receipt of Replacement Hardware, or installation of the Replacement Hardware by Seller, as applicable, the hardware being replaced by Seller will beco me the
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property of Seller. Seller represents and warrants that all Replacement Hardware will be free of defects in design, materials, and workmanship. In addition, if Seller is not the manufacturer of such Replacement Hardware, Seller will make available to Custom er all warranties provided by the manufacturer for such Replacement Hardware. (i) Added Products. If Customer acquires Added Products and locates such Added Products with existing Supported Products at a Supported Site, the Added Products will automatically be added to the Solution Summary at the then current fees charged by Sell er as of the date on which the Added Products are first co-located with the Supported Products and for the remainder of the Maintenance Term (as hereinafter defined). Added Products purchased from a party other than Seller are subject to certification by Seller at its then current certification rates. If an Added Product fails certification, Seller may choose not to add such Added Product as a Supported Product. (j) General Limitations. Unless a Statement of Work provides otherwise, Seller will only provide Maintenance Services on software for (i) the unaltered current release of such software, and (ii) the prior release of such software. The following items are i ncluded in the Maintenance Services only if the Statement of Work specifically includes them: (i) support of user-defined applications; (ii) s upport of Supported Products that have been modified by a party other than Seller (except for installation of standard, self-installed Up dates provided by the manufacturer); (iii) making corrections to user-defined reports; (iv) data recovery services; (v) services asso ciated with relocation of Supported Products; (vi) correction of Errors arising from causes external to the Supported Products (such as power failures, power surges, or lightning strikes); (vii) Maintenance Services for Supported Products that have been misused, used in breach o f the terms and provisions of their respective license, improperly installed or configured, or that have had their serial numbers altered, defaced, or deleted; and (viii) correction of Errors, the cause of which occurred prior to the commencement of Maintenance Services purs uant to the terms of the pertinent Solution Summary.
3. CUSTOMER RESPONSIBILITIES FOR MAINTAINED PRODUCTS.
(a) Provision of Supported Products and Supported Systems. Customer will provide all Supported Products, Supported Systems, and Supported Sites. Customer continuously represents and warrants that (i) Customer is either the owner of, or is authorized to access and use, each Supported Product, each Supported System, and each Supported Site; and (ii) Seller and its suppliers and subcontractors are authorized to do the same to the extent necessary to provide the Maintenance Services in a timely manner. (b) Moves of Supported Products. When Customer seeks to move any Supported Product, Customer will notify Seller. Only Seller or its authorized agent may move Supported Products. Seller may charge additional amounts to recover any additional costs incurred in providing the Maintenance Services that result from the move of Supported Products by a party other than Seller or its authorized agent. (c) Identification of Maintained Products. Customer will not remove any identification tags or other markings from any Maintained Product.
(d) Vendor Management Authorization. Where Seller is to perform Vendor Management functions, Customer will provide Seller with a letter of agency or similar document, in a form that is reasonably satisfactory to Seller, that authorizes Seller to perform the Vendor Management. Where the third party vendor’s consent is required for Seller to be able to perform the Vendor Management in a tim ely manner, Customer will obtain the written consent of the third party vendor and will provide Seller with a copy of such written consent. (e) Third Party Hosting. For Maintenance Services that include monitoring, in the event that one (1) or more network address(es) to be monitored by Seller are associated with systems owned, managed, and/or hosted by a Host, Customer will (i) notify Seller of the Host prior to commencement of the Maintenance Services; (ii) obtain Host’s advance written consent for Seller to perform the Mainten ance Services on Host’s computer systems and provide to Seller a copy of such written consent; and (iii) facilitate necessary communications between Seller and Host in connection with the Maintenance Services.
4. SOFTWARE LICENSES OF MAINTAINED PRODUCTS. Where the Maintenance Services include providing New Software, the New Software will be provided subject to the license grant and restrictions contained in the original agreement under which Cus tomer licensed the original software for which the New Software is provided. Where there is no existing license for the original sof tware, New Software will be provided subject to the current license terms and restrictions of the manufacturer for the New Software. New Software may include components provided by third party suppliers that are subject to their own end user license agreements. Customer m ay install and use these components in accordance with the terms and conditions of the end user license agreement accompanying suc h components, whether the terms and conditions of the end user license are in “shrinkwrap,” “clickwrap,” or some other form.
5. TERM AND TERMINATION RIGHTS OF MAINTENANCE SERVICES. (a) Maintenance Services Term. Unless a different term is specified on the applicable Solution Summary, Seller will provide the applicable Maintenance Services for a term (“Maintenance Term”) of one (1) year. Following the expiration of the Maintenance Term and subject to the terms of Attachment A, Article I, Section 1(e), Maintenance Services will automatically renew for successive one (1) year periods (each a “Maintenance Renewal Term”) unless, at least thirty (30) days prior to the expiration of the Maintenance Term o r the applicable Maintenance Renewal Term, Customer or Seller provides the other with written notice of its intent not to renew. (b) Termination Rights of Maintenance Services.
1) For Convenience. Unless otherwise specified on the pertinent Solution Summary, Customer may terminate Maintenance Services, in whole or in part, upon providing Seller with thirty (30) days advance written notice; provided, however, that Cust omer shall be liable to Seller for the lesser amount due for Maintenance Services for (i) twelve (12) months; or (ii) the remainder of the Maintenance Term or the applicable Maintenance Renewal Term.
2) For Cause. Either Party may terminate the applicable Maintenance Services included in a Solution Summary without liability to the other Party by providing written notice to such other Party if such other Party (a) fails to cure any material breach of th e terms and provisions of the Agreement or such Maintenance Services included in the pertinent Solution Summary within a thirty (30)-day pe riod after it has received from the non-breaching Party a written notice that details the breach and requests that the breach be cur ed; or (b) becomes insolvent, or insolvency proceedings are instituted against such other Party.
6. MAINTENANCE SERVICES WARRANTIES; DISCLAIMERS.
(a) Maintenance Services Warranty. Seller represents and warrants to Customer that the Maintenance Services will be performed in a professional and workmanlike manner by qualified personnel and in accordance with the terms and provisions of the Agreement a nd the pertinent Solution Summary. If the Maintenance Services have not been so performed, and if within thirty (30) days after th e performance of the Maintenance Services Customer provides Seller with a written notice of such non-compliance, then Seller, at its option, will re-perform the Maintenance Services, correct the deficiencies, or render a prorated refund based on the original Price for the deficient Maintenance Services. The warranty remedies expressly provided in this Article IV, Section 6 of Attachment A will be Customer’s sole and exclusive remedies for breach of warranty claims only.
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(b) EXCEPT AS REFERENCED AND LIMITED IN THIS ARTICLE IV, SECTION 6 OF ATTACHMENT A, NEITHER SELLER NOR ITS
LICENSORS OR SUPPLIERS MAKE ANY OTHER EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE MAINTENANCE SERVICES. IN PARTICULAR, THERE IS NO WARRANTY THAT ALL SECURITY THREATS AND
VULNERABILITIES WILL BE DETECTED OR THAT THE MAINTENANCE SERVICES WILL RENDER A SUPPORTED PRODUCT OR SUPPORTED SYSTEM SAFE FROM SECURITY BREACHES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
SELLER DISCLAIMS ALL OTHER EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, NON- INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
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OneC1.com
Confidential and Proprietary
C1 STATEMENT OF WORK
COMPUTE AND STORAGE REFRESH WITH
REPLICATION
PREPARED FOR: City of Indio
PREPARED BY: Kahla Fortin Alex Chang
Account Executive Senior Solutions Architect
[email protected] [email protected]
REFERENCE: Opportunity: OP-000717201
Solution: SO-000801816
Quote(s): QU-000470065
DATE: January 22, 2024
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2 TABLE OF CONTENTS
1. Confidentiality Notice .................................................................................................... 3
2. Scope of Work - Terms and Conditions ...................................................................... 3
3. Project Timeline Expectations ..................................................................................... 4
4. Project Overview ............................................................................................................ 4
5. High-Level Architecture ................................................................................................. 5
6. Project Scope of Services .............................................................................................. 7
7. Project Management ................................................................................................... 29
8. Change Order Process ................................................................................................ 30
9. Milestone and/or Project Acceptance ....................................................................... 30
10. Customer Responsibilities ........................................................................................ 30
11. Professional Services Assumptions ......................................................................... 31
12. Professional Services Pricing and Billing Schedule ............................................... 34
13. Customer Authorization to Proceed ........................................................................ 35
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3 1. CONFIDENTIALITY NOTICE
THE INFORMATION CONTAINED HEREIN IS CONSIDERED CONFIDENTIAL AND PROPRIETARY, PRODUCED SOLELY FOR THE CUSTOMER IDENTIFIED ABOVE.
This Statement of Work ("SOW") is proprietary to ConvergeOne, Inc. ("C1") and contains C1 Confidential Information. It may not be disclosed in whole or in part without the express written authorization of C1. No portion of this SOW may be duplicated or used for any purpose other than to receive Services or deliverables from C1 described herein.
2. SCOPE OF WORK - TERMS AND CONDITIONS
This Statement of Work or Scope of Work ("SOW") and the applicable Solution Summary (and any documents attached thereto and incorporated therein by reference) (collectively, this "Order") is subject to the following terms and conditions (the "MSA" or the "Agreement"): (i) the Master Sales Agreement or other applicable master agreement in effect as of the date hereof between ConvergeOne, Inc. and/or its subsidiaries and affiliates (collectively, "C1" or "Seller") and City of Indio ("Customer"); or (ii) if no such master agreement is currently in place between C1 and Customer, the Online General Terms and Conditions currently found on the internet at: https://www.OneC1.com/online-general- terms-and-conditions/. If the Customers Agreement is a master agreement entered into with one of ConvergeOne, Inc.'s predecessors, affiliates, and/or subsidiaries, ("Legacy Master Agreement"), the terms and conditions of such Legacy Master Agreement shall apply to this Order, subject to any modifications located at https://www.OneC1.com/online-general- terms-and-conditions/. In the event of a conflict between the terms and conditions in the Agreement and this Order, the order of precedence shall be as follows: (i) this Order (with the most recent and specific document controlling if there are conflicts between the Solution Summary, this SOW and any other applicable supporting document(s) incorporated into this Order), (ii) Attachment A to the Agreement (if applicable), and (iii) the main body of the Agreement.
The Customer's signature on this Order (or the Customer's issuance of a purchase order in connection with this Order) shall represent the Customer's agreement with each document in this Order.
This Order may include the sales of any of the following to Customer: (a) any hardware, third-party software, and/or Seller software (collectively, "Products"); any installation services, professional services, and/or third-party provided support services that are generally associated with the Products and sold to customers by Seller ("Professional Services"); any Seller-provided vendor management services, software release management services, remote monitoring services and/or, troubleshooting services (collectively,
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4 "Managed Services"); and/or any Seller-provided maintenance services ordered by Customer to maintain and service Supported Products or Supported Systems at Supported Sites to ensure that they operate in conformance with their respective documentation and specifications ("Maintenance Services"). For ease of reference only, Professional Services, Managed Services, and Maintenance Services may be referred to collectively as "Services." Unless otherwise defined herein, capitalized terms used herein will have the same meanings as set forth in the Agreement.
Any dates and/or time intervals listed in this Order are approximate and for planning purposes only. C1 will use commercially reasonable efforts to accommodate any requested dates; provided, however, project milestones will be fully discussed and mutually agreed upon between C1 and Customer after project kickoff.
Products and/or Services not specifically itemized are not provided herein. Any additional applications, technologies, integrations, or other Products and/or Services not specified herein, are not included in this SOW and may result in additional charges at any time during the project.
Unless signed, this Order will be valid for a period of thirty (30) days following the date hereof. Due to rapidly changing prices in the market for third-party Products and/or Services, after the expiration of the foregoing 30-day period, the Seller reserves the right to adjust offerings and/or prices accordingly prior to issuing any new Order(s). Thereafter, this Order will no longer be of any force and effect.
The outline of deliverables for this Order follows below.
3. PROJECT TIMELINE EXPECTATIONS
Approximately 5 business days after signed acceptance of this SOW, C1 will assign a project manager that will make contact and start planning a project kick-off meeting. The project kick-off may not take place immediately. Project start times depend on the availability of C1 and Customer resources.
The expected duration of this project has been budgeted at eight (8) weeks from the time of kick-off to completion. If the project exceeds this timeframe, a project change order may be required to extend the engagement, resulting in additional fees.
4. PROJECT OVERVIEW
Thank you for the opportunity to work with you on the Compute and Storage Refresh with Replication project. This document describes the work to be performed during this
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5 engagement and covers the assumptions as the basis for this agreement, the responsibilities of C1 personnel, and the responsibilities of the Customer.
The Customer has engaged C1 to refresh the compute and storage infrastructures at three data center locations. C1 will install and configure the Cisco UCS C220M7 servers, VMware vCenter, ESXi hypervisors with Pure Storage FlashArrays as iSCSI datastores at the City Hall, PD, and WA locations, and install and configure the Cisco C9300X-12Y-A switches at the City Hall and WA locations. C1 will also configure VMware VMware Site Recovery Manager (SRM) between City Hall and WA with Pure Storage ActiveDR near synchronous replication , and between City Hall and PD with Pure Storage asynchronous replication.
4.1. C1 will be implementing or performing the following at the City Hall and WA locations as part of this project
• Cisco switch top-of-rack network, consisting of C9300X-12Y-A model switch(es) to support the Compute and Storage Solutions.
4.2. Project Location(s)
Below is a list of the location(s) that should be included in this project.
Table 4-1
Site Name Site Address
Main Office 100 CIVIC CENTER MALL
INDIO, CA 92201
Police Department 46800 Jackson St, Indio, CA 92201
Water Authority 83101 Ave 45
Indio, CA 92201
5. HIGH -LEVEL ARCHITECTURE
5.1. Proposed Architecture
City Hall
• FA-X50R3-ETH-145TB-91/54-EMEZZ
• (2) C9300X-12Y-A
• (3) C220M7S
o Dual Intel I6430 2.1GHz/270W 32C/60MB DDR5 4400MT/s (CityHall and IPD) o 1024GB of Memory
o Cisco-Intel E810XXVDA2 2x25/10 GbE SFP28 PCIe NIC
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6 o Cisco UCS VIC 15428 quad port 10/25/50G MLOM
o Internal M.2 Storage for Hypervisor
o Dual Cisco UCS 1200W AC Power Supply with C13/C14 220V cables • Data Replication and DR Protection
o Replicate data to WA Pure FlashArray via ActiveDR.
o Configure VMware SRM with CH as protected site and WA as DR site.
Police Department
• FA-X50R3-ETH-109TB-91/18-EMEZZ
o FA-CNTRL-10GBaseT 2-Port ADD
• (2) C220M7S
o Dual Intel I6430 2.1GHz/270W 32C/60MB DDR5 4400MT/s (CityHall and IPD) o 1024GB of Memory
o Intel X710T2LOCPV3G1L 2x10GbE RJ45 OCP3.0 NIC
o Cisco-Intel X710T4LG 4x10 GbE RJ45 PCIe NIC
o Internal M.2 Storage for Hypervisor
o Dual Cisco UCS 1200W AC Power Supply with C13/C14 220V cables • Data Replication and DR Protection
o Replicate data to CH Pure FlashArray via Asynchronous replication. o Configure VMware SRM with PD as protected site and CH as DR site.
Water Authority
• FA-X20R3-ETH-63TB-45/18-EMEZZ
• (2) C9300X-12Y-A
• (3) C220M7S
o Dual Intel I6430 2.1GHz/270W 32C/60MB DDR5 4400MT/s (CityHall and IPD) o 1024GB of Memory
o Cisco-Intel E810XXVDA2 2x25/10 GbE SFP28 PCIe NIC
o Cisco UCS VIC 15428 quad port 10/25/50G MLOM
o Internal M.2 Storage for Hypervisor
o Dual Cisco UCS 1200W AC Power Supply with C13/C14 220V cables
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7 • Data Replication and DR Protection
o Replicate data to CH Pure FlashArray via ActiveDR.
o Configure VMware SRM with WA as protected site and CH as DR site.
6. PROJECT SCOPE OF SERVICES
This section identifies the work that will be performed as part of this project. Below is an initial, high-level list of tasks and assumptions for the project. This schedule may change depending on the Customers business requirements and other factors. Also, depending on the schedule finally agreed upon at the kickoff meeting, the days worked may not be contiguous. C1 will conduct a meeting with the Customer to review and finalize the technical approach, constraints, and project schedule. This meeting is intended to ensure that all parties are working with consistent expectations for the project.
PHASE 1 OF 3: CITY HALL
6.1. Data Center Services
Compute Services
Cisco Compute Configuration Services
Rackmount Server Services
C1 will install (3) rackmount servers
• Unpack and pre-stage servers.
• Rack-mount new equipment in customer-supplied rack.
• Connect power connections to customer-provided PDUs.
• Upgrade firmware.
o Upgrade host firmware.
o Reboot server(s) to apply the new host firmware.
• Configure IP addressing and network adapters.
• Configure switch port parameters and VLANs.
• Configure and install signed certificates (if needed). • Configure lights-out management.
C1 will configure the M.2 storage for use as hypervisor storage.
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8 General Intersight Services
C1 will onboard the customer compute utilizing the included Advantage Intersight licenses.
C1 will deploy the on-premise Intersight connector (if not already deployed) for use with the Pure storage array. This will use customer supplied compute/storage/networking.
C1 will onboard the Pure storage array for visibility and reporting into the Intersight dashboard.
C1 will deploy the on-premise Intersight connector (if not already deployed) for use with vCenter integration. This will utilize customer supplied compute/storage/networking.
C1 will onboard the vCenter instances for visibility and reporting into the Intersight dashboard.
Storage Integration Services
C1 will integrate the new compute hosts with the Pure storage array.
The existing storage array is connected via ISCSI and will be used to connect the new hosts. C1 will verify the storage is visible via this protocol to the host or virtual machines located on the new host.
Table 6-1
Compute Prerequisite Details
PDU Used For Compute Power APC PDU
Receptacles Used C13
LAN Switch Used For Compute Connections Cisco
Speed Of LAN Ports 25GB
Number Of LAN Ports/Switch 6
FC Switch To Be Used N/A
Speed Of FC Ports Not Applicable
Storage Services
Pure Storage Configuration Services
New Storage Deployment Tasks
C1 will perform the following tasks:
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9 • rack and cable the storage array in a customer supplied rack (unless included in project)
• utilize customer supplied A/B PDU's for connection to the redundant power supplies of the array
• install the included drive packs into the array with associated configuration of protection schema
• upgrade software to the latest stable version (if needed) • cable array to the customer's management network with configuration and verification
• install vCenter plugin for storage awareness (if using vCenter) • configure host access to the storage array as directed below
C1 will configure ISCSI based block connectivity via LAN fabric.
C1 will establish 25GB data block based connections from the array to the associated infrastructure.
Array Based Replication
C1 will configure Asynchronous array based replication model(s) to include volume mapping, space allocation, scheduling, and initial testing. (Both=Sync+Async Replication)
ActiveDR between City Hall and WA.
Array Based Snapshot Creation
C1 will build 3 array based snapshots using the array software and local storage for initial target.
Pure VM Analytics Services
C1 will download and deploy the Pure VM Analytics .OVA utilizing customer supplied vSphere infrastructure.
C1 will onboard the customer vCenter instance(s) into the VM Analytics appliance and establish the data feed into Pure1 for reporting, management, and mapping of the VM environment.
• OVA Collector Requirements
o No Purity requirements to run OVA Collector
o 4 Cores and 8GB Memory
o Username/password - Unique read-only user specifically for collector
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10 o IP address of vCenter
o Support to be deployed on vCenter 6.5 U3+ (6.5.0.3000+) o Support to collect from vCenter 5.5+
• Must have phone home enabled
• VM Analytics supports VMFS, vVols, vSAN, and NFS datastores • VMware Tools 10.1+ must be installed to see VM Capacity metrics Pure Site Preparation Requirements
• The Pure array will consume 3U of rack space with any expansion shelves taking up another 3U each.
o Chassis measurements 17.32" wide, 29.8" deep.
• The Pure array will require two C13/C14 ports. X10, X20, and DirectFlash Shelves can run 120 or 180-264VAC. The X50, X70, X90, C40, C60 must run 180-264VAC only.
• The Pure array will weigh ~90lbs depending on final configuration. • Customer will supply a minimum of two (2) 1GB RJ45 network interfaces to accommodate management for the Pure array.
• Customer will configure switch ports to accommodate the Pure array unless called out as a C1 task.
o 8-ports 10/25GB (four/controller recommended with one/controller minimum) for ISCSI/NFS/SMB
o 8-ports 16/32GB (four/controller with one/controller minimum) for Fiber Channel
• SMTP relay configured to accept alerting emails from three management IP addresses.
• HTTPS/443 outbound to the internet from the three management IP addresses on the array for Remote Assist and Pure1.
• Replication (async, ActiveDR, Active Cluster) requires port 8117 to be open between the replication interfaces and port 443 to be open between management interfaces.
• Customer will supply IP addressing and naming for the Pure array. • Customer will allow access to the associated vCenter instance for plugin installation.
Table 6-2
Storage Prerequisite Details
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11 PDU Used For Storage Power APC
Receptacles Used C13
LAN Switch Used For Storage C9300X-12Y-A
Speed Of LAN Ports 25GB
Number Of LAN Ports/Switch 4
Speed Of FC Ports Not Applicable
Virtualization Services
VMWare Virtualization Configuration Services
Virtualization Upgrade Services
Customer is currently running a version 7.0.3 hypervisor.
C1 will utilize the vCenter Server Appliance Linux instance for this upgrade.
C1 will upgrade 1 hypervisor manager instances.
Customer is currently running version 7.0.3 for their hypervisor management platform.
Host Hypervisor Installation/Upgrade
C1 will install the designated hypervisor onto 3 host servers via tasks outlined below.
• Create and configure hypervisor database
• Configure boot from SAN (if included below)
• Install Hypervisor onto host (if not using boot from SAN) • Configure host to core trunks
• Configure VLAN's and VLAN interfaces
• Configure IP addressing and routing
• Configure storage connectivity to hosts
• Test networking, storage, and management
• Update drivers as needed for Ethernet/HBA adapters
• Create HA clusters and join hosts to HA cluster
Preparation for Data Migration
C1 will provide assistance to integrate the existing virtual environment into the
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12 new one or prepare the new environment to be able to function as a target for the VM migration. The data and VM migration will be performed by the customer's engineers.
Disaster Recovery Services
VMWare SRM Configuration Services
VMware Site Recovery Manager (SRM) is a disaster recovery solution that helps to plan, test, and run the recovery of virtual machines between a protected site and a recovery site. C1 will deploy SRM to protect up to (3) protection groups and up to (25) VMs. Tasks involved during the deployment are as follows:
• SRM Installation
o Install SRM on both the protected site and the recovery site. o Pair the SRM sites.
o Install Storage Replication Adaptor if necessary and configure the replication for the selected VMs with array-based replication. o Test and validate storage array replication.
o Configure SRM advanced settings as needed.
• Virtual Machine Protection
o Configure inventory mappings (compute resources, virtual machine folders, networks).
o Create protection groups.
o Configure virtual machine properties and customized specification. o Work with the customer to determine recovery priority and create recovery plans.
o Discuss virtual machine and application-level dependencies (such as DNS, Active Directory, NTP, users).
• SRM Failover and Failback
o Configure test networks.
o Run failover tests without disrupting the normal operations of the protected site.
o Run a planned failover test with a set of test virtual machines from the protected site to the recovery site in an orderly fashion. Both sites are needed to be up and running.
o Conduct user acceptance testing.
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13 o Run a reprotect to reverse the replication direction and make the original recovery site the new protected site.
o Run a failback to migrate the virtual machines back to the original protected site after it is restored.
C1 will build (3) protection groups with testing to verify replication and single instance recovery testing.
Documentation Services
C1 will provide the customer with as-built documentation to include:
• Usernames
• Passwords
• Installed Versions
• IP Addressing
• Configuration Details (Show Run)
• Support Information
• Topological Diagram(s)
• Screen Shots (as appropriate)
6.2. Enterprise Networking
Switching
Planning and Design Tasks
C1 Responsibilities
• This is implementation of a Cisco top-of-rack switch network to provide connectivity for the aforementioned compute and storage. • Review current switch deployment, including hardware, firmware, and general configuration, if readily available through Customer's reporting mechanisms or a recent network assessment
• Work in collaboration with the Customer to verify the top-of-rack switching solution requirements.
• Review and provide a document that outlines all of the information needed to implement the solution
• Consult with the Customer to determine the following
requirements and document these requirements:
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14 • System wide settings and features
• Redundancy and failover
• Network settings
• Sites
• Security
• Others as applicable
• Validate quantities of switches to be part of wired system and their locations
• This does not include visual verification of locations • Develop implementation/migration plan
• Develop test plan
Customer Responsibilities
• Provide current switch network information as requested • Work in collaboration with C1 to verify the solution requirements for the wired LAN solution
• Work with C1 to determine the specified requirements for implementation
• Work with C1 to validate switch quantities and locations • Work with C1 to develop implementation/migration plan • Work with C1 to develop test plan
Execution Tasks
C1 Responsibilities
• Verify and/or install latest recommended code version(s) on switches
• Configure the system per the agreed upon system requirements documentation
• Configure the system to support 1 sites
• C1 will be installing the following switches
• This project includes 1 closets
• Connect switches together per agreed upon design
Customer Responsibilities
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15 • Coordinate outage times (if any) with Customer's users • Ensure access to all locations where switches will be installed Assumptions
• Installation of new switches will be performed after normal business hours unless otherwise stated in this SOW
• Any patch cables needed for installation that are not specifically included in the bill of materials (BOM) are the responsibility of the Customer
• Does not include testing of individual switchports
Post-Install Tasks
C1 Responsibilities
• C1 engineers will be scheduled for 4 hours of post-install support • Perform up to 1 hours of system administrator training on the switch system
• Provide documentation for the switch system
Customer Responsibilities
• Validate switch network operating as expected
• Coordinate users for system administrator training
Deliverables
• Username and passwords of devices/systems installed
• Network diagram showing switch connectivity
PHASE 2 OF 3: POLICE DEPARTMENT
6.3. Data Center Services
Compute Services
Cisco Compute Configuration Services
Rackmount Server Services
C1 will install 3 rackmount servers
• Unpack and pre-stage servers.
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16 • Rack-mount new equipment in customer-supplied rack. • Connect power connections to customer-provided PDUs.
• Upgrade firmware.
o Upgrade host firmware.
o Reboot servers to apply the new host firmware.
• Configure IP addressing and network adapters.
• Configure switch port parameters and VLANs.
• Configure and install signed certificates (if needed). • Configure lights-out management.
C1 will configure the M.2 storage for use as hypervisor storage.
General Intersight Services
C1 will onboard the customer compute utilizing the included Advantage Intersight licenses.
C1 will deploy the on-premise Intersight connector (if not already deployed) for use with the Pure storage array. This will use customer supplied compute/storage/networking.
C1 will onboard the Pure storage array for visibility and reporting into the Intersight dashboard.
C1 will deploy the on-premise Intersight connector (if not already deployed) for use with vCenter integration. This will utilize customer supplied compute/storage/networking.
C1 will onboard the vCenter instances for visibility and reporting into the Intersight dashboard.
Storage Integration Services
C1 will integrate the new compute hosts with the Pure storage array.
The existing storage array is connected via ISCSI and will be used to connect the new hosts. C1 will verify the storage is visible via this protocol to the host or virtual machines located on the new host.
Table 6-3
Compute Prerequisite Details
PDU Used For Compute Power APC PDU
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17 Receptacles Used C13
LAN Switch Used For Compute Connections Cisco
Speed Of LAN Ports 10GB
Number Of LAN Ports/Switch 4
FC Switch To Be Used N/A
Speed Of FC Ports Not Applicable
Storage Services
Pure Storage Configuration Services
New Storage Deployment Tasks
C1 will perform the following tasks:
• rack and cable the storage array in a customer supplied rack (unless included in project)
• utilize customer supplied A/B PDU's for connection to the redundant power supplies of the array
• install the included drive packs into the array with associated configuration of protection schema
• upgrade software to the latest stable version (if needed) • cable array to the customer's management network with configuration and verification
• install vCenter plugin for storage awareness (if using vCenter) • configure host access to the storage array as directed below
C1 will configure ISCSI based block connectivity via LAN fabric.
C1 will establish 25GB data block based connections from the array to the associated infrastructure.
Array Based Replication
C1 will configure Asynchronous array based replication model(s) to include volume mapping, space allocation, scheduling, and initial testing. (Both=Sync+Async Replication)
Asynchronous replication from PD to City Hall.
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18 Array Based Snapshot Creation
C1 will build 3 array based snapshots using the array software and local storage for initial target.
Pure VM Analytics Services
C1 will download and deploy the Pure VM Analytics .OVA utilizing customer supplied vSphere infrastructure.
C1 will onboard the customer vCenter instance(s) into the VM Analytics appliance and establish the data feed into Pure1 for reporting, management, and mapping of the VM environment.
• OVA Collector Requirements
o No Purity requirements to run OVA Collector
o 4 Cores and 8GB Memory
o Username/password - Unique read-only user specifically for collector o IP address of vCenter
o Support to be deployed on vCenter 6.5 U3+ (6.5.0.3000+) o Support to collect from vCenter 5.5+
• Must have phone home enabled
• VM Analytics supports VMFS, vVols, vSAN, and NFS datastores • VMware Tools 10.1+ must be installed to see VM Capacity metrics Pure Site Preparation Requirements
• The Pure array will consume 3U of rack space with any expansion shelves taking up another 3U each.
o Chassis measurements 17.32" wide, 29.8" deep.
• The Pure array will require two C13/C14 ports. X10, X20, and DirectFlash Shelves can run 120 or 180-264VAC. The X50, X70, X90, C40, C60 must run 180-264VAC only.
• The Pure array will weigh ~90lbs depending on final configuration. • Customer will supply a minimum of two (2) 1GB RJ45 network interfaces to accommodate management for the Pure array.
• Customer will configure switch ports to accommodate the Pure array unless called out as a C1 task.
o 8-ports 10/25GB (four/controller recommended with one/controller minimum) for ISCSI/NFS/SMB
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19 o 8-ports 16/32GB (four/controller with one/controller minimum) for Fiber Channel
• SMTP relay configured to accept alerting emails from three management IP addresses.
• HTTPS/443 outbound to the internet from the three management IP addresses on the array for Remote Assist and Pure1.
• Replication (async, ActiveDR, Active Cluster) requires port 8117 to be open between the replication interfaces and port 443 to be open between management interfaces.
• Customer will supply IP addressing and naming for the Pure array. • Customer will allow access to the associated vCenter instance for plugin installation.
Table 6-4
Storage Prerequisite Details
PDU Used For Storage Power APC
Receptacles Used C13
LAN Switch Used For Storage C9300L-48UXG-2Q
Speed Of LAN Ports 10GB
Number Of LAN Ports/Switch 6
Speed Of FC Ports Not Applicable
Virtualization Services
VMWare Virtualization Configuration Services
Hypervisor Management Deployment
C1 will deploy a new vCenter platform.
C1 will deploy 1 hypervisor management instances to include HA configuration.
C1 will create 1 clusters for hypervisor hosts in the management platform.
Host Hypervisor Installation/Upgrade
C1 will install the designated hypervisor onto 3 host servers via tasks outlined below.
• Create and configure hypervisor database
• Configure boot from SAN (if included below)
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20 • Install Hypervisor onto host (if not using boot from SAN) • Configure host to core trunks
• Configure VLAN's and VLAN interfaces
• Configure IP addressing and routing
• Configure storage connectivity to hosts
• Test networking, storage, and management
• Update drivers as needed for Ethernet/HBA adapters
• Create HA clusters and join hosts to HA cluster
Preparation for Data Migration
C1 will provide assistance to integrate the existing virtual environment into the new one or prepare the new environment to be able to function as a target for the VM migration. The data and VM migration will be performed by the customer's engineers.
Disaster Recovery Services
VMWare SRM Configuration Services
C1 will build (3) protection groups with testing to verify replication and single instance recovery testing.
VMWare Site Recovery Manager Services
VMware Site Recovery Manager (SRM) is a disaster recovery solution that helps to plan, test, and run the recovery of virtual machines between a protected site and a recovery site. C1 will deploy SRM to protect up to (3) protection groups and up to (25) VMs. Tasks involved during the deployment are as follows:
• SRM Installation
o Install SRM on both the protected site and the recovery site. o Pair the SRM sites.
o Install Storage Replication Adaptor if necessary and configure the replication for the selected VMs with array-based replication. o Test and validate storage array replication.
o Configure SRM advanced settings as needed.
• Virtual Machine Protection
o Configure inventory mappings (compute resources, virtual machine folders, networks).
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21 o Create protection groups.
o Configure virtual machine properties and customized specification. o Work with the customer to determine recovery priority and create recovery plans.
o Discuss virtual machine and application-level dependencies (such as DNS, Active Directory, NTP, users).
• SRM Failover and Failback
o Configure test networks.
o Run failover tests without disrupting the normal operations of the protected site.
o Run a planned failover test with a set of test virtual machines from the protected site to the recovery site in an orderly fashion. Both sites are needed to be up and running.
o Conduct user acceptance testing.
o Run a reprotect to reverse the replication direction and make the original recovery site the new protected site.
o Run a failback to migrate the virtual machines back to the original protected site after it is restored.
PHASE 3 OF 3: WATER AUTHORITY
6.4. Data Center Services
Compute Services
Cisco Compute Configuration Services
Rackmount Server Services
C1 will install 3 rackmount servers
• Unpack and pre-stage servers.
• Rack-mount new equipment in customer-supplied rack.
• Connect power connections to customer-provided PDUs.
• Upgrade firmware.
o Upgrade host firmware.
o Reboot servers to apply the new host firmware.
• Configure IP addressing and network adapters.
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22 • Configure switch port parameters and VLANs.
• Configure and install signed certificates (if needed). • Configure lights-out management.
C1 will configure the M.2 storage for use as hypervisor storage.
General Intersight Services
C1 will onboard the customer compute utilizing the included Advantage Intersight licenses.
C1 will deploy the on-premise Intersight connector (if not already deployed) for use with the Pure storage array. This will use customer supplied compute/storage/networking.
C1 will onboard the Pure storage array for visibility and reporting into the Intersight dashboard.
C1 will deploy the on-premise Intersight connector (if not already deployed) for use with vCenter integration. This will utilize customer supplied compute/storage/networking.
C1 will onboard the vCenter instances for visibility and reporting into the Intersight dashboard.
Storage Integration Services
C1 will integrate the new compute hosts with the Pure storage array.
The existing storage array is connected via ISCSI and will be used to connect the new hosts. C1 will verify the storage is visible via this protocol to the host or virtual machines located on the new host.
Table 6-5
Compute Prerequisite Details
PDU Used For Compute Power APC PDU
Receptacles Used C13
LAN Switch Used For Compute Connections Cisco
Speed Of LAN Ports 25GB
Number Of LAN Ports/Switch 6
FC Switch To Be Used N/A
Speed Of FC Ports Not Applicable
Storage Services
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23 Pure Storage Configuration Services
New Storage Deployment Tasks
C1 will perform the following tasks:
• rack and cable the storage array in a customer supplied rack (unless included in project)
• utilize customer supplied A/B PDU's for connection to the redundant power supplies of the array
• install the included drive packs into the array with associated configuration of protection schema
• upgrade software to the latest stable version (if needed) • cable array to the customer's management network with configuration and verification
• install vCenter plugin for storage awareness (if using vCenter) • configure host access to the storage array as directed below
C1 will configure ISCSI based block connectivity via LAN fabric.
C1 will establish 25GB data block based connections from the array to the associated infrastructure.
Array Based Replication
C1 will configure Asynchronous array based replication model(s) to include volume mapping, space allocation, scheduling, and initial testing. (Both=Sync+Async Replication)
ActiveDR between City Hall and WA.
Array Based Snapshot Creation
C1 will build 3 array based snapshots using the array software and local storage for initial target.
Pure VM Analytics Services
C1 will download and deploy the Pure VM Analytics .OVA utilizing customer supplied vSphere infrastructure.
C1 will onboard the customer vCenter instance(s) into the VM Analytics appliance and establish the data feed into Pure1 for reporting, management, and mapping of the VM environment.
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24 • OVA Collector Requirements
o No Purity requirements to run OVA Collector
o 4 Cores and 8GB Memory
o Username/password - Unique read-only user specifically for collector o IP address of vCenter
o Support to be deployed on vCenter 6.5 U3+ (6.5.0.3000+) o Support to collect from vCenter 5.5+
• Must have phone home enabled
• VM Analytics supports VMFS, vVols, vSAN, and NFS datastores • VMware Tools 10.1+ must be installed to see VM Capacity metrics Pure Site Preparation Requirements
• The Pure array will consume 3U of rack space with any expansion shelves taking up another 3U each.
o Chassis measurements 17.32" wide, 29.8" deep.
• The Pure array will require two C13/C14 ports. X10, X20, and DirectFlash Shelves can run 120 or 180-264VAC. The X50, X70, X90, C40, C60 must run 180-264VAC only.
• The Pure array will weigh ~90lbs depending on final configuration. • Customer will supply a minimum of two (2) 1GB RJ45 network interfaces to accommodate management for the Pure array.
• Customer will configure switch ports to accommodate the Pure array unless called out as a C1 task.
o 8-ports 10/25GB (four/controller recommended with one/controller minimum) for ISCSI/NFS/SMB
o 8-ports 16/32GB (four/controller with one/controller minimum) for Fiber Channel
• SMTP relay configured to accept alerting emails from three management IP addresses.
• HTTPS/443 outbound to the internet from the three management IP addresses on the array for Remote Assist and Pure1.
• Replication (async, ActiveDR, Active Cluster) requires port 8117 to be open between the replication interfaces and port 443 to be open between management interfaces.
• Customer will supply IP addressing and naming for the Pure array.
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25 • Customer will allow access to the associated vCenter instance for plugin installation.
Table 6-6
Storage Prerequisite Details
PDU Used For Storage Power APC
Receptacles Used C13
LAN Switch Used For Storage C9300X-12Y-A
Speed Of LAN Ports 25GB
Number Of LAN Ports/Switch 4
Speed Of FC Ports Not Applicable
Virtualization Services
VMWare Virtualization Configuration Services
Hypervisor Management Deployment
C1 will deploy a new vCenter platform.
C1 will deploy 1 hypervisor management instances to include HA configuration.
C1 will create 1 clusters for hypervisor hosts in the management platform.
Host Hypervisor Installation/Upgrade
C1 will install the designated hypervisor onto 3 host servers via tasks outlined below.
• Create and configure hypervisor database
• Configure boot from SAN (if included below)
• Install Hypervisor onto host (if not using boot from SAN) • Configure host to core trunks
• Configure VLAN's and VLAN interfaces
• Configure IP addressing and routing
• Configure storage connectivity to hosts
• Test networking, storage, and management
• Update drivers as needed for Ethernet/HBA adapters
• Create HA clusters and join hosts to HA cluster
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26 Preparation for Data Migration
C1 will provide assistance to integrate the existing virtual environment into the new one or prepare the new environment to be able to function as a target for the VM migration. The data and VM migration will be performed by the customer's engineers.
Disaster Recovery Services
VMWare SRM Configuration Services
C1 will build 3 protection groups with testing to verify replication and single instance recovery testing.
VMWare Site Recovery Manager Services
VMware Site Recovery Manager (SRM) is a disaster recovery solution that helps to plan, test, and run the recovery of virtual machines between a protected site and a recovery site. C1 will deploy SRM to protect up to (3) protection groups and up to (25) VMs. Tasks involved during the deployment are as follows:
• SRM Installation
o Install SRM on both the protected site and the recovery site. o Pair the SRM sites.
o Install Storage Replication Adaptor if necessary and configure the replication for the selected VMs with array-based replication. o Test and validate storage array replication.
o Configure SRM advanced settings as needed.
• Virtual Machine Protection
o Configure inventory mappings (compute resources, virtual machine folders, networks).
o Create protection groups.
o Configure virtual machine properties and customized specification. o Work with the customer to determine recovery priority and create recovery plans.
o Discuss virtual machine and application-level dependencies (such as DNS, Active Directory, NTP, users).
• SRM Failover and Failback
o Configure test networks.
o Run failover tests without disrupting the normal operations of the protected site.
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27 o Run a planned failover test with a set of test virtual machines from the protected site to the recovery site in an orderly fashion. Both sites are needed to be up and running.
o Conduct user acceptance testing.
o Run a reprotect to reverse the replication direction and make the original recovery site the new protected site.
o Run a failback to migrate the virtual machines back to the original protected site after it is restored.
6.5. Enterprise Networking
Switching
Planning and Design Tasks
C1 Responsibilities
• This is an implementation of a Cisco top-of-rack switch network to provide connectivity for the aforementioned compute and storage. • Review current switch deployment, including hardware, firmware, and general configuration, if readily available through Customer's reporting mechanisms or a recent network assessment
• Work in collaboration with the Customer to verify the top-of-rack switching solution requirements.
• Review and provide a document that outlines all of the information needed to implement the solution
• Consult with the Customer to determine the following
requirements and document these requirements:
• System wide settings and features
• Redundancy and failover
• Network settings
• Sites
• Security
• Others as applicable
• Validate quantities of switches to be part of wired system and their locations
• This does not include visual verification of locations • Develop implementation/migration plan
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28 • Develop test plan
Customer Responsibilities
• Provide current switch network information as requested • Work in collaboration with C1 to verify the solution requirements for the wired LAN solution
• Work with C1 to determine the specified requirements for implementation
• Work with C1 to validate switch quantities and locations • Work with C1 to develop implementation/migration plan • Work with C1 to develop test plan
Execution Tasks
C1 Responsibilities
• Verify and/or install latest recommended code version(s) on switches
• Configure the system per the agreed upon system requirements documentation
• Configure the system to support 1 sites
• C1 will be installing the following switches
• This project includes 1 closets
• Connect switches together per agreed upon design
Customer Responsibilities
• Coordinate outage times (if any) with Customer's users • Ensure access to all locations where switches will be installed Assumptions
• Installation of new switches will be performed after normal business hours unless otherwise stated in this SOW.
• Any patch cables needed for installation that are not specifically included in the bill of materials (BOM) are the responsibility of the Customer
• Does not include testing of individual switchports
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29 Post-Install Tasks
C1 Responsibilities
• C1 engineers will be scheduled for 4 hours of post-install support • Perform up to 1 hours of system administrator training on the switch system
• Provide documentation for the switch system
Customer Responsibilities
• Validate switch network operating as expected
• Coordinate users for system administrator training
Deliverables
• Username and passwords of devices/systems installed
• Network diagram showing switch connectivity
7. PROJECT MANAGEMENT
C1 will provide Project Management Services to help you effectively manage the project and control risks during the deployment. C1 will designate a Project Manager who will act as the single point of accountability for all C1 contract deliverables for the duration of the Project. C1 follows the Project Management Body of Knowledge (PMBOK) for project delivery. The PMBOK is an adaptable approach that enables technology project success by aligning business and technology goals. Key elements include an iterative delivery process, clear project metrics, proactive risk management, and effective response to change.
7.1. Project Manager
C1 will designate a Project Manager (PM) responsible for overseeing the project. Once the contract is signed and accepted by C1, this individual will act as the Customers single point of contact for all planning and issues related to solution delivery. The C1 PM will work closely with the Customer to guide the implementation and work on a mutually agreed-upon schedule. The C1 Project Manager is responsible for the following:
• Conduct internal (C1) and joint C1/Customer meetings. • Develop a project plan, including activities, milestones, roles, and responsibilities. • Schedule and manage required C1 resources and partners. • Conduct Issue and Risk Management.
Master Sales Agreement between the City of Indio and ConvergeOne for the... Page 298 of 793
30 • Provide agenda and meeting notes.
• Track Customer and C1 project deliverables.
• Manage change orders and any associated billing with the Customer. • Manage project closeout process, punch list, and Customer acceptance.
8. CHANGE ORDER PROCESS
Despite good project planning, design, and review, project plans often require some degree of change at some point. These changes are handled using change order requests, which must be agreed upon by all parties to the contract before such work can be performed.
Either C1 or the Customer may initiate a change order for any deliverable, work requirement, assumption, or dependency that is part of the project. All requests must be in writing and handled by the C1 Project Manager. C1 will review the change and provide pricing as applicable before proceeding. The C1 Project Manager may also engage project team members to assess the impact of the change. Agreed changes must be approved in writing by an authorized representative of the Customer, via email, or modified purchase order.
9. MILESTONE AND/OR PROJECT ACCEPTANCE
Upon completion of the services described in this SOW, C1 shall provide the Customer with an Acceptance Form. Upon delivery of the Acceptance Form, the Customer has 5 working days to review and accept. Failure to respond within the designated 5 day period, signifies the completion of the milestone or project. To refuse acceptance, the Customer must both indicate non-acceptance with written notification to C1 within the 5 day period noted above and describe why it was not accepted. C1 shall have up to 10 days after the receipt of such notice to correct the error given it is within C1 scope and control to do so. The period to correct the error may be extended by mutual consent.
10. CUSTOMER RESPONSIBILITIES
10.1. Provide a single point of contact that will be responsible for:
• Understanding the business process impact and technical requirements and who has the authority to make binding decisions on the Customers behalf.
Master Sales Agreement between the City of Indio and ConvergeOne for the... Page 299 of 793
31 • Working with C1 Project Manager to develop mutually agreed project schedule, including outside of Normal Business Hours test and cutover windows (if applicable).
• Ensuring all Customer responsibilities are completed in accordance with the project schedule.
• Reasonable notification of schedule and changes for the installation work. • Attending all project status meetings.
10.2. Site Preparation:
• Ensure the equipment room is ready, including all electrical, wiring, grounding, lighting, racks, and HVAC required to maintain equipment within operating conditions specified by the equipment manufacturer.
• Provide required cable/patch panels that meet all requirements for Category 5e, racks, and network connectivity.
• Accept receipt of equipment and store it in a secure area. Retain shipping documentation, and inventory shipments by box count, and report any apparent external damage to the C1 Project Manager.
• Provide floor plans for equipment room configuration and related locations if applicable.
• Ensure that the existing Customer network is configured, connected, and operating within the manufacturer's specifications.
• Customers will provide QOS on all their network equipment to the WAN based on the Supplier's guidelines and requirements if carrying voice.
10.3. Ensure the availability of appropriate Customer resources that will:
• Assist in the development and execution of applicable test plans. • Provide accurate documentation for all existing systems and networks. • Provide all necessary IP addresses, subnet masks, and default gateways. • Provide a qualified Network Administrator with working knowledge of Customer requirements.
• Provide information on planned changes in the network.
11. PROFESSIONAL SERVICES ASSUMPTIONS
The following assumptions were made to create this Statement of Work. Should any of these assumptions prove to be incorrect or incomplete then C1 may modify the price, scope of
Master Sales Agreement between the City of Indio and ConvergeOne for the... Page 300 of 793
32 work, or milestones. Any such modifications shall be managed by the Change Order Procedure.
11.1. General Assumptions
• Unless explicitly stated otherwise, all services will be delivered remotely • All non-service impacting work described in this scope will be performed during U.S. normal business hours defined as 8:00 AM to 5:00 PM local time; Monday through Friday, excluding C1 designated holidays. "Cutover" for the sites will be completed during business hours unless otherwise stated in this scope of work. • The Customer must identify any specific requirements for maintenance windows and change control. The Customer retains overall responsibility for any business process impact and any Customer-internal change management procedures and communications.
• All services, documentation, and project deliverables will be provided in English only.
• C1 will install specific software versions agreed upon at the time of project kickoff.
Upgrades to the software are not included in the SOW. C1 may choose to install an upgrade if required by the manufacturer or to resolve a problem. • The Customer is responsible for the underlying data infrastructure including network and virtualization. Systems must be capable of supporting the proposed solution. C1 can supply consulting and remediation services to ensure successful implementation, if not included in this scope, through a change order and billed at an additional fee.
• The Customer is responsible for all communications and scheduling of any contractors or vendors not managed by the C1 Project Manager. • Any product or service delivery dates communicated outside of this SOW or the Project Plan, are not to be considered valid or binding. • If the project extends beyond the timeline specified in the Project Plan due to delays caused by parties other than C1 and its subcontractors, C1 may invoice for service performed to date.
• The Customer is responsible to verify and arrange the installation of all applicable network connections and provide a functional network for application deployment.
• Projects requiring multiple site visits and/or intervals of inactivity between events must be noted as such prior to acceptance of this SOW.
Master Sales Agreement between the City of Indio and ConvergeOne for the... Page 301 of 793
33 • The Customer is responsible for relocation, removal, and disposal of any previously installed Customer-owned equipment or cabling unless specifically agreed otherwise herein.
• The Customer is responsible to notify C1 if the site requires any specialized access for personnel and/or Union trades for any tasks associated with this SOW.
Notification of requirements must take place prior to the quote. Any and all additional costs for post-quote changes or additional site restrictions requiring specialized training or Union Labor shall be chargeable to the Customer. • The Customer is responsible for managing all 3rd Parties not outlined in this SOW. • Services not specifically called out in this SOW will be deemed out of scope.
11.2. Technical Assumptions
• Unless specifically called out, above, no IP address changes are included in the SOW. If requested, additional charges may apply.
• The Customer is responsible to have current licensing, maintenance, and support on the components of the servers, database, storage, and network infrastructure including hardware, software (including operating systems), and any associated costs.
• The Customer is responsible for any operating system patches and anti-virus software installation and support.
• The Customer is responsible to ensure the existing network is free of layer 3 protocol and broadcast errors.
• The Customer is responsible for the cost and acquisition of any 3rd party security certificates necessary for successful deployment. C1 can provide services for Security Audits and Certificate deployment which can be billed at an additional fee.
• The Customer is responsible for resolving interoperability issues with other vendors not acting as a sub-contractor to C1.
• The Customer is responsible for any firmware updates to re-used circuit packs, media modules, or cards not specifically identified within this SOW. C1 can provide services for firmware updates through a change order and billed at an additional fee.
• C1 will provide port and protocol matrices as provided by the manufacturers for the equipment that is in this scope. If additional documentation is required for firewall configuration or security assessments, C1 can provide these services at an additional cost to the Customer upon request.
Master Sales Agreement between the City of Indio and ConvergeOne for the... Page 302 of 793
34 • VPN access will be provided to C1 resources to allow for work to be accomplished remotely when applicable. If unfettered remote access to the Customer network cannot be provided additional charges will be required.
12. PROFESSIONAL SERVICES PRICING AND BILLING SCHEDULE
Billing terms for this project supersede any MSA in place and are only applicable to the services stated in this scope of work. Invoices are due within thirty (30) days from the date of the invoice unless otherwise previously agreed between the Customer and C1 credit department. Any change to the Project Pricing and Payment schedule will be managed through the Change Order procedures specified herein. All stated prices are exclusive of any taxes, fees, duties, or other amounts, however, designated and including without limitation value added and withholding taxes which are levied or based upon such charges, or upon this SOW (other than taxes based on the net income of C1). The Customer shall pay any taxes related to services purchased or licensed pursuant to this SOW or the Customer shall present an exemption certificate acceptable to the taxing authorities. Applicable taxes shall be billed as a separate item on the invoice.
12.1. Project Price and Milestone Billing Schedule
The fixed fee price for this services engagement is below and will be billed with the following milestone schedule:
Total Price: $81,238.00
• Milestone 1 (30%) - Project Initiation - Kick-Off Meeting, Resource Assignment • Milestone 2 (30%) - Planning and Design - Project Plan, Design • Milestone 3 (30%) - Customer UAT Handoff
• Milestone 4 (10%) - Final Customer Acceptance of the Project
12.2. Project Expenses:
There are no anticipated project-related expenses expected for this project above the price included in this SOW. In the event that the need for additional expense arises, a Change Order will be presented by the Project Manager for approval by the Customer in advance. C1 will make a reasonable effort to minimize expenses and will ensure sufficient time is built into the project schedule to maximize efficiency when scheduling site visits.
Master Sales Agreement between the City of Indio and ConvergeOne for the... Page 303 of 793
35 13. CUSTOMER AUTHORIZATION TO PROCEED
The use of signatures on this SOW is to ensure agreement and understanding on project objectives and assumptions, and the work and deliverables to be performed by C1. By signing below, the duly authorized Customer representative signifies their commitment to proceed with the project as described in this SOW.
Customer's Authorized Representative:
Signature
Printed Name
Title
Date
PO Number
Master Sales Agreement between the City of Indio and ConvergeOne for the... Page 304 of 793 Solution Summary
PureStorage Servers
Customer: City of Indio
Ship To Address: 100 CIVIC CENTER MALL
Bill To Address: INDIO, CA 92201
Customer ID: SWCITYOFI007
Cisco NASPO: AR3227 7-20-70-47-01
PureStorage NASPO: 23020 7-23-70-55-07
Primary Contact: Ian Cozens
Email: [email protected]
Phone: 760-391-4100
National Account Manager: Kahla Archer
Email: [email protected]
Phone: 619.454.1663
Solution Summary Billing Frequency Due Total Project
Software One-Time $140,529.40 $140,529.40
Hardware One-Time $655,622.97 $655,622.97
Professional Services One-Time $81,238.00 $81,238.00
Maintenance
Manufacturer Maintenance Prepaid $106,119.24 $106,119.24 Project Subtotal $983,509.61
Estimated Tax $78,382.74
Estimated Freight $0.00
Project Total $1,061,892.35
This Order is a configured order and/or contains software.
This Solution Summary summarizes the document(s) that are attached hereto and such documents are incorporated herein by reference (collectively, this “Order”). Customer's signature on this Order (or Customer's issuance of a purchase order in connection with this Order) shall represent Customer's agreement with each document in this Order and acknowledgement that such attached document(s) are represented accurately by this Solution Summary.
Unless otherwise specified in this Order, this Order shall be subject to the following terms and conditions (the “Agreement”): (i) the Master Sales Agreement or other applicable master agreement in effect as of the date hereof between ConvergeOne, Inc. and/or its subsidiaries and affiliates (collectively, "C1" or "Seller") and Customer; or (ii) if no such master agreement is currently in place between C1 and Customer, the Online General Terms and Conditions currently found on the internet at: https://www.onec1.com/agreements . If Customer’s Agreement is a master agreement entered into with one of C1 predecessors, affiliates and/or subsidiaries ("Legacy Master Agreement"), the terms and conditions of such Legacy Master Agreement shall apply to this Order, subject to any modifications, located at: https://www.onec1.com/agreements . In the event of a conflict between the terms and conditions in the Agreement and this Order, the order of precedence shall be as follows: (i) this Order (with the most recent and specific document controlling if there are conflicts between the Solution Summary and any applicable supporting document(s) incorporated into this Order), (ii) Attachment A to the Agreement (if applicable), and (iii) the main body of the Agreement.
This Order may include the sale of any of the following to Customer: (a) any hardware, third party software, and/or Seller software (collectively, “Products”); (b) any installation services, professional services, and/or third party provided support services that are generally associated with the Products and sold to customers by Seller (collectively, “Professional Services”); (c) any Seller-provided vendor management services, software release management services, remote monitoring services and/or, troubleshooting services (collectively, “Managed Services”); and/or (d) any Seller-provided maintenance services ordered by Customer to maintain and service Supported Products or Supported Systems at Supported Sites to ensure that they operate in conformance with their respective documentation and specifications (collectively, “Maintenance Services”). For ease of reference only, Professional Services, Managed Services and Maintenance Services may be referred to collectively as “Services.” Unless otherwise defined herein, capitalized terms used herein will have the same meanings as set forth in the Agreement.
Products and/or Services not specifically itemized are not provided hereunder. This Order will be valid for a period of thirty (30) days following the date hereof.
Thereafter, this Order will no longer be of any force and effect. Due to rapidly changing prices in the market for third party Products and/or Services, after the expiration of the foregoing 30 day period, Seller reserves the right to adjust offerings and/or prices accordingly prior to issuing any new Order(s).
Solution Quote
CONFIDENTIAL AND PROPRIETARY INFORMATION OF C1
Page #: 1 of 7
Date: 1/25/2024
Documents #: OP-000717201
SO-000801816
Solution Name: PureStorage Servers
Customer: City of Indio
Master Sales Agreement between the City of Indio and ConvergeOne for the... Page 305 of 793 Solution Quote
#
Item Number
Description
Term In
Months
Qty
Unit Price
Extended Price
<No Custom Group 2 Listed>
Professional Services
1 Professional
Services
Professional Services
$81,238.00
Professional Services Subtotal:
$81,238.00
VMWARE
2 VC-SRM8-HY25E-
1Y-TLSS-C
VC-SRM8-HY25E-1Y-TLSS-C - SITE RECOV MGR 8 ENT HYPERSCALELICS RS 25 VM PK 1YR TERM
12 4
$6,586.13
$26,344.52
3 VSP-PL-TD-TL-1P-
C
VSP-PL-TD-TL-1P-C - VSPHERE FNDTN 1-YR PP VLIC COMMIT/CORE 12 512
$170.16
$87,124.33
VMWARE Subtotal:
$113,468.84
<No Custom Group 2 Listed> Subtotal:
$194,706.84
Water Authority
CISCO
4 C9300X-12Y-A
Catalyst 9300X 12x25G Fiber Ports, modular uplink Switch 2 $6,387.58
$12,775.16
5 CON-SNTP-
C9300X21
SNTC-24X7X4 Catalyst 9300X 12x25G Fiber Ports, modul
60 2
$9,461.39
$18,922.78
6 SC9300UK9-179
Cisco Catalyst 9300 XE 17.9 UNIVERSAL UNIVERSAL
2 $0.00
$0.00
7 PWR-C1-715WAC-
P
715W AC 80+ platinum Config 1 Power Supply
2 $0.00
$0.00
8 C9300-SPS-NONE
No Secondary Power Supply Selected
2 $0.00
$0.00
9 CAB-TA-NA
North America AC Type A Power Cable
2 $0.00
$0.00
10 C9300X-NW-A-12
C9300 Network Advantage, 12-port license
2 $0.00
$0.00
11 STACK-T1-50CM
50CM Type 1 Stacking Cable
2 $37.58
$75.16
12 CAB-SPWR-150CM
Catalyst Stack Power Cable 150 CM - Upgrade
2 $37.58
$75.16
13 SSD-240G
Cisco pluggable USB3.0 SSD storage
2 $563.61
$1,127.22
14 PWR-C1-BLANK
Config 1 Power Supply Blank
2 $0.00
$0.00
15 TE-C9K-SW
TE agent for IOSXE on C9K
2 $0.00
$0.00
16 C9300X-DNA-12Y-
A
C9300 DNA Advantage, Term License
2 $0.00
$0.00
17 C9300-DNA-L-A-5Y
DNA Advantage 5 Year License
60 2
$1,491.82
$2,983.64
18 TE-EMBEDDED-T
Cisco ThousandEyes Enterprise Agent IBN Embedded
2 $0.00
$0.00
19 TE-EMBEDDED-T-
5Y
ThousandEyes - Enterprise Agents
60 2
$0.00
$0.00
20 C9300X-NM-2C
Catalyst 9300 2 x 40G/100G Network Module QSFP+/QSFP28
2 $958.14
$1,916.28
21 NETWORK-PNP-
LIC
Network Plug-n-Play Connect for zero-touch device deployment 2 $0.00
$0.00
22 C9K-ACC-SCR-4
12-24 and 10-32 SCREWS FOR RACK INSTALLATION, QTY 4
2 $0.00
$0.00
23 CAB-GUIDE-1RU
1RU CABLE MANAGEMENT GUIDES 9200 and 9300
2 $0.00
$0.00
24 QSFP-4SFP10G-
CU5M=
QSFP to 4xSFP10G Passive Copper Splitter Cable, 5m
2 $279.05
$558.10
25 UCS-M7-MLB
UCS M7 RACK MLB
1 $0.00
$0.00
26 DC-MGT-SAAS
Cisco Intersight SaaS
1 $0.00
$0.00
CONFIDENTIAL AND PROPRIETARY INFORMATION OF C1
Page #:
2 of 7
Date:
1/25/2024
Documents #:
OP-
000717201
SO-
000801816
Solution Name:
PureStorage Servers
Customer:
City of Indio
Master Sales Agreement between the City of Indio and ConvergeOne for the... Page 306 of 793 Solution Quote
#
Item Number
Description
Term In
Months
Qty
Unit Price
Extended Price
27 DC-MGT-IS-SAAS-
AD
Infrastructure Services SaaS/CVA - Advantage
3 $2,636.47
$7,909.41
28 SVS-DCM-SUPT-
BAS
Basic Support for DCM
1 $0.00
$0.00
29 DC-MGT-UCSC-1S
UCS Central Per Server - 1 Server License
3 $0.00
$0.00
30 UCSC-C220-M7S
UCS C220 M7 Rack w/oCPU, mem, drv, 1U wSFF HDD/SSD backplane 3 $1,653.74
$4,961.22
31 CON-OSP-
UCSCUC27
SNTC-24X7X4OS UCS C220 M7 Rack w/oCPU, mem, drv, 1U wS
60 3
$4,989.18
$14,967.54
32 UCSC-M-V5Q50G-
D
Cisco VIC 15428 4x 10/25/50G mLOM C-Series
3 $631.89
$1,895.67
33 UCS-M2-I240GB-D
240GB M.2 Boot SATA Intel SSD
6 $191.54
$1,149.24
34 UCS-M2-HWRAID-
D
Cisco Boot optimized M.2 Raid controller
3 $67.19
$201.57
35 UCSX-TPM-002C-D
TPM 2.0, TCG, FIPS140-2, CC EAL4+ Certified, for servers 3 $0.00
$0.00
36 UCSC-RAIL-D
Ball Bearing Rail Kit for C220 & C240 M7 rack servers
3 $68.73
$206.19
37 CIMC-LATEST-D
IMC SW (Recommended) latest release for C-Series Servers. 3 $0.00
$0.00
38 UCSC-HSLP-
C220M7
UCS C220 M7 Heatsink for & C240 GPU Heatsink
6 $0.00
$0.00
39 UCSC-BBLKD-M7
UCS C-Series M7 SFF drive blanking panel
30 $0.00
$0.00
40 UCS-DDR5-BLK
UCS DDR5 DIMM Blanks
60 $0.00
$0.00
41 UCSC-FBRS-C220-
D
C220M7 HH Riser3 blank
3 $0.00
$0.00
42 UCSC-FBRS2-
C220M7
C220 M7 Riser2 HH Filler Blank
3 $0.00
$0.00
43 UCS-CPU-I6430
Intel I6430 2.1GHz/270W 32C/60MB DDR5 4400MT/s
6 $1,912.22
$11,473.32
44 UCS-MRX64G2RE1
64GB DDR5-4800 RDIMM 2Rx4 (16Gb)
36 $1,384.20
$49,831.20
45 UCSC-RIS1A-
22XM7
UCS C-Series M7 1U Riser 1A PCIe Gen4 x16 HH
3 $55.13
$165.39
46 UCSC-P-I8D25GF-
D
Cisco-Intel E810XXVDA2 2x25/10 GbE SFP28 PCIe NIC
3 $512.88
$1,538.64
47 UCSC-PSU1-
1200W-D
1200W Titanium power supply for C-Series Servers
6 $165.18
$991.08
48 CAB-C13-CBN
Cabinet Jumper Power Cord, 250 VAC 10A, C14-C13 Connectors 6 $0.00
$0.00
49 UCSC-DLOM-01-D
UCSC-DLOM-01-D - Dedicated Mode BIOS setting for C-Series Servers 3 $0.19
$0.57
50 UCS-SID-INFR-OI-
D
Other Infrastructure
3 $0.00
$0.00
51 UCS-SID-WKL-OW-
D
Other Workload
3 $0.00
$0.00
52 SFP-H25G-CU3M=
25GBASE-CU SFP28 Cable 3 Meter
20 $51.08
$1,021.60
53 SFP-H25G-CU2M=
25GBASE-CU SFP28 Cable 2 Meter
6 $50.71
$304.26
CISCO Subtotal:
$135,050.40
PURESTORAGE
54 FA-C50R4-ETH-
186TB-10x18.6TB
FA-C
50 R
4 -ETH-
186
TB-
10 x
18.6 TB - Pure Storage FlashArray C
50 R
4 -
ETH-
186
TB
10 x
18.6 TB
1 $87,416.47
$87,416.47
55 FA-C50R4-186TB,
1MO,ADV,FVR
FA-C50R4-186TB, 1MO,ADV,FVR - FA-C50R4- 186TB 1 Month Evergreen Forever Subscription, NBD Delivery, 24/7 Support
36 $1,618.24
$58,256.47
CONFIDENTIAL AND PROPRIETARY INFORMATION OF C1
Page #:
3 of 7
Date:
1/25/2024
Documents #:
OP-
000717201
SO-
000801816
Solution Name:
PureStorage Servers
Customer:
City of Indio
Master Sales Agreement between the City of Indio and ConvergeOne for the... Page 307 of 793 Solution Quote
#
Item Number
Description
Term In
Months
Qty
Unit Price
Extended Price
56 FA-C-NRSSD
$/TB/MO
FA-C-NRSSD $/ TB/MO
6696
$1.41
$9,453.41
PURESTORAGE Subtotal:
$155,126.35
Water Authority Subtotal:
$290,176.75
City Hall
CISCO
57 C9300X-12Y-A
Catalyst 9300X 12x25G Fiber Ports, modular uplink Switch 2 $6,387.58
$12,775.16
58 CON-SNTP-
C9300X21
SNTC-24X7X4 Catalyst 9300X 12x25G Fiber Ports, modul
60 2
$9,461.39
$18,922.78
59 SC9300UK9-179
Cisco Catalyst 9300 XE 17.9 UNIVERSAL UNIVERSAL
2 $0.00
$0.00
60 PWR-C1-715WAC-
P
715W AC 80+ platinum Config 1 Power Supply
2 $0.00
$0.00
61 C9300-SPS-NONE
No Secondary Power Supply Selected
2 $0.00
$0.00
62 CAB-TA-NA
North America AC Type A Power Cable
2 $0.00
$0.00
63 C9300X-NW-A-12
C9300 Network Advantage, 12-port license
2 $0.00
$0.00
64 STACK-T1-50CM
50CM Type 1 Stacking Cable
2 $37.58
$75.16
65 CAB-SPWR-150CM
Catalyst Stack Power Cable 150 CM - Upgrade
2 $37.58
$75.16
66 SSD-240G
Cisco pluggable USB3.0 SSD storage
2 $563.61
$1,127.22
67 PWR-C1-BLANK
Config 1 Power Supply Blank
2 $0.00
$0.00
68 TE-C9K-SW
TE agent for IOSXE on C9K
2 $0.00
$0.00
69 C9300X-DNA-12Y-
A
C9300 DNA Advantage, Term License
2 $0.00
$0.00
70 C9300-DNA-L-A-5Y
DNA Advantage 5 Year License
60 2
$1,491.82
$2,983.64
71 TE-EMBEDDED-T
Cisco ThousandEyes Enterprise Agent IBN Embedded
2 $0.00
$0.00
72 TE-EMBEDDED-T-
5Y
ThousandEyes - Enterprise Agents
60 2
$0.00
$0.00
73 C9300X-NM-2C
Catalyst 9300 2 x 40G/100G Network Module QSFP+/QSFP28
2 $958.14
$1,916.28
74 NETWORK-PNP-
LIC
Network Plug-n-Play Connect for zero-touch device deployment 2 $0.00
$0.00
75 C9K-ACC-SCR-4
12-24 and 10-32 SCREWS FOR RACK INSTALLATION, QTY 4
2 $0.00
$0.00
76 CAB-GUIDE-1RU
1RU CABLE MANAGEMENT GUIDES 9200 and 9300
2 $0.00
$0.00
77 QSFP-4SFP10G-
CU5M=
QSFP to 4xSFP10G Passive Copper Splitter Cable, 5m
2 $279.05
$558.10
78 UCS-M7-MLB
UCS M7 RACK MLB
1 $0.00
$0.00
79 DC-MGT-SAAS
Cisco Intersight SaaS
1 $0.00
$0.00
80 DC-MGT-IS-SAAS-
AD
Infrastructure Services SaaS/CVA - Advantage
3 $2,636.47
$7,909.41
81 SVS-DCM-SUPT-
BAS
Basic Support for DCM
1 $0.00
$0.00
82 DC-MGT-UCSC-1S
UCS Central Per Server - 1 Server License
3 $0.00
$0.00
83 UCSC-C220-M7S
UCS C220 M7 Rack w/oCPU, mem, drv, 1U wSFF HDD/SSD backplane 3 $1,653.74
$4,961.22
84 CON-OSP-
UCSCUC27
SNTC-24X7X4OS UCS C220 M7 Rack w/oCPU, mem, drv, 1U wS
60 3
$4,989.18
$14,967.54
85 UCSC-M-V5Q50G-
D
Cisco VIC 15428 4x 10/25/50G mLOM C-Series
3 $631.89
$1,895.67
CONFIDENTIAL AND PROPRIETARY INFORMATION OF C1
Page #:
4 of 7
Date:
1/25/2024
Documents #:
OP-
000717201
SO-
000801816
Solution Name:
PureStorage Servers
Customer:
City of Indio
Master Sales Agreement between the City of Indio and ConvergeOne for the... Page 308 of 793 Solution Quote
#
Item Number
Description
Term In
Months
Qty
Unit Price
Extended Price
86 UCS-M2-I240GB-D
240GB M.2 Boot SATA Intel SSD
6 $191.54
$1,149.24
87 UCS-M2-HWRAID-
D
Cisco Boot optimized M.2 Raid controller
3 $67.19
$201.57
88 UCSX-TPM-002C-D
TPM 2.0, TCG, FIPS140-2, CC EAL4+ Certified, for servers 3 $0.00
$0.00
89 UCSC-RAIL-D
Ball Bearing Rail Kit for C220 & C240 M7 rack servers
3 $68.73
$206.19
90 CIMC-LATEST-D
IMC SW (Recommended) latest release for C-Series Servers. 3 $0.00
$0.00
91 UCSC-HSLP-
C220M7
UCS C220 M7 Heatsink for & C240 GPU Heatsink
6 $0.00
$0.00
92 UCSC-BBLKD-M7
UCS C-Series M7 SFF drive blanking panel
30 $0.00
$0.00
93 UCS-DDR5-BLK
UCS DDR5 DIMM Blanks
60 $0.00
$0.00
94 UCSC-FBRS-C220-
D
C220M7 HH Riser3 blank
3 $0.00
$0.00
95 UCSC-FBRS2-
C220M7
C220 M7 Riser2 HH Filler Blank
3 $0.00
$0.00
96 UCS-CPU-I6430
Intel I6430 2.1GHz/270W 32C/60MB DDR5 4400MT/s
6 $1,912.22
$11,473.32
97 UCS-MRX64G2RE1
64GB DDR5-4800 RDIMM 2Rx4 (16Gb)
36 $1,384.20
$49,831.20
98 UCSC-RIS1A-
22XM7
UCS C-Series M7 1U Riser 1A PCIe Gen4 x16 HH
3 $55.13
$165.39
99 UCSC-P-I8D25GF-
D
Cisco-Intel E810XXVDA2 2x25/10 GbE SFP28 PCIe NIC
3 $512.88
$1,538.64
100
UCSC-PSU1-
1200W-D
1200W Titanium power supply for C-Series Servers
6 $165.18
$991.08
101
CAB-C13-CBN
Cabinet Jumper Power Cord, 250 VAC 10A, C14-C13 Connectors 6 $0.00
$0.00
102
UCSC-DLOM-01-D
UCSC-DLOM-01-D - Dedicated Mode BIOS setting for C-Series Servers 3 $0.19
$0.57
103
UCS-SID-INFR-OI-
D
Other Infrastructure
3 $0.00
$0.00
104
UCS-SID-WKL-OW-
D
Other Workload
3 $0.00
$0.00
105
SFP-H25G-CU3M=
25GBASE-CU SFP28 Cable 3 Meter
20 $51.08
$1,021.60
106
SFP-H25G-CU2M=
25GBASE-CU SFP28 Cable 2 Meter
6 $50.71
$304.26
CISCO Subtotal:
$135,050.40
PURESTORAGE
107
FA-C50R4-ETH-
186TB-10x18.6TB
FA-C
50 R
4 -ETH-
186
TB-
10 x
18.6 TB - Pure Storage FlashArray C
50 R
4 -
ETH-
186
TB
10 x
18.6 TB
1 $74,304.00
$74,304.00
108
FA-C50R4-186TB,
1MO,ADV,FVR
FA-C50R4-186TB, 1MO,ADV,FVR - FA-C50R4- 186TB 1 Month Evergreen Forever Subscription, NBD Delivery, 24/7 Support
36 $1,618.24
$58,256.47
109
FA-C-NRSSD
$/TB/MO
FA-C-NRSSD $/ TB/MO
6696
$1.41
$9,453.41
PURESTORAGE Subtotal:
$142,013.88
City Hall Subtotal:
$277,064.28
Police Department
CISCO
110
UCS-M7-MLB
UCS M7 RACK MLB
1 $0.00
$0.00
111
DC-MGT-SAAS
Cisco Intersight SaaS
1 $0.00
$0.00
CONFIDENTIAL AND PROPRIETARY INFORMATION OF C1
Page #:
5 of 7
Date:
1/25/2024
Documents #:
OP-
000717201
SO-
000801816
Solution Name:
PureStorage Servers
Customer:
City of Indio
Master Sales Agreement between the City of Indio and ConvergeOne for the... Page 309 of 793 Solution Quote
#
Item Number
Description
Term In
Months
Qty
Unit Price
Extended Price
112
DC-MGT-IS-SAAS-
AD
Infrastructure Services SaaS/CVA - Advantage
2 $2,636.47
$5,272.94
113
SVS-DCM-SUPT-
BAS
Basic Support for DCM
1 $0.00
$0.00
114
DC-MGT-UCSC-1S
UCS Central Per Server - 1 Server License
2 $0.00
$0.00
115
UCSC-C220-M7S
UCS C220 M7 Rack w/oCPU, mem, drv, 1U wSFF HDD/SSD backplane 2 $1,653.74
$3,307.48
116
CON-OSP-
UCSCUC27
SNTC-24X7X4OS UCS C220 M7 Rack w/oCPU, mem, drv, 1U wS
60 2
$4,989.18
$9,978.36
117
UCSC-O-ID10GC-D
Intel X710T2LOCPV3G1L 2x10GbE RJ45 OCP3.0 NIC
2 $422.26
$844.52
118
UCS-M2-I240GB-D
240GB M.2 Boot SATA Intel SSD
4 $191.54
$766.16
119
UCS-M2-HWRAID-
D
Cisco Boot optimized M.2 Raid controller
2 $67.19
$134.38
120
UCSX-TPM-002C-D
TPM 2.0, TCG, FIPS140-2, CC EAL4+ Certified, for servers 2 $0.00
$0.00
121
UCSC-RAIL-D
Ball Bearing Rail Kit for C220 & C240 M7 rack servers
2 $68.73
$137.46
122
CIMC-LATEST-D
IMC SW (Recommended) latest release for C-Series Servers. 2 $0.00
$0.00
123
UCSC-HSLP-
C220M7
UCS C220 M7 Heatsink for & C240 GPU Heatsink
4 $0.00
$0.00
124
UCSC-BBLKD-M7
UCS C-Series M7 SFF drive blanking panel
20 $0.00
$0.00
125
UCS-DDR5-BLK
UCS DDR5 DIMM Blanks
40 $0.00
$0.00
126
UCSC-FBRS-C220-
D
C220M7 HH Riser3 blank
2 $0.00
$0.00
127
UCSC-OCP3-KIT-D
C2XX OCP 3.0 Interposer W/Mech Assy
2 $0.00
$0.00
128
UCSC-FBRS2-
C220M7
C220 M7 Riser2 HH Filler Blank
2 $0.00
$0.00
129
UCS-CPU-I6430
Intel I6430 2.1GHz/270W 32C/60MB DDR5 4400MT/s
4 $1,912.22
$7,648.88
130
UCS-MRX64G2RE1
64GB DDR5-4800 RDIMM 2Rx4 (16Gb)
24 $1,384.20
$33,220.80
131
UCSC-RIS1A-
22XM7
UCS C-Series M7 1U Riser 1A PCIe Gen4 x16 HH
2 $55.13
$110.26
132
UCSC-P-IQ10GC-D
Cisco-Intel X710T4LG 4x10 GbE RJ45 PCIe NIC
2 $411.81
$823.62
133
UCSC-PSU1-
1200W-D
1200W Titanium power supply for C-Series Servers
4 $165.18
$660.72
134
CAB-C13-CBN
Cabinet Jumper Power Cord, 250 VAC 10A, C14-C13 Connectors 4 $0.00
$0.00
135
UCSC-DLOM-01-D
UCSC-DLOM-01-D - Dedicated Mode BIOS setting for C-Series Servers 2 $0.19
$0.38
136
UCS-SID-INFR-OI-
D
Other Infrastructure
2 $0.00
$0.00
137
UCS-SID-WKL-OW-
D
Other Workload
2 $0.00
$0.00
CISCO Subtotal:
$62,905.96
PURESTORAGE
138
FA-C50R4-ETH-
186TB-10x18.6TB
FA-C
50 R
4 -ETH-
186
TB-
10 x
18.6 TB - Pure Storage FlashArray C
50 R
4 -
ETH-
186
TB
10 x
18.6 TB
1 $87,416.47
$87,416.47
139
FA-C50R4-186TB,
1MO,ADV,FVR
FA-C50R4-186TB, 1MO,ADV,FVR - FA-C50R4- 186TB 1 Month Evergreen Forever Subscription, NBD Delivery, 24/7 Support
36 $1,618.24
$58,256.47
140
FA-C-NRSSD
$/TB/MO
FA-C-NRSSD $/ TB/MO
6696
$1.41
$9,453.41
CONFIDENTIAL AND PROPRIETARY INFORMATION OF C1
Page #:
6 of 7
Date:
1/25/2024
Documents #:
OP-
000717201
SO-
000801816
Solution Name:
PureStorage Servers
Customer:
City of Indio
Master Sales Agreement between the City of Indio and ConvergeOne for the... Page 310 of 793 Solution Quote
#
Item Number
Description
Term In
Months
Qty
Unit Price
Extended Price
141
FA-CNTRL-
10GBASET 2-PORT
ADD
FA-CNTRL
10 GBaseT
2 - Port ADD ON Factory Install
2 $0.00
$0.00
142
FA-CNTRL-
10GBASET 2-PORT
UPG
FA-CNTRL
10 GBaseT
2 - Port Upgrade
4 $882.35
$3,529.41
PURESTORAGE Subtotal:
$158,655.77
Police Department Subtotal:
$221,561.73
Total:
$983,509.61
CONFIDENTIAL AND PROPRIETARY INFORMATION OF C1
Page #:
7 of 7
Date:
1/25/2024
Documents #:
OP-
000717201
SO-
000801816
Solution Name:
PureStorage Servers
Customer:
City of Indio
Master Sales Agreement between the City of Indio and ConvergeOne for the... Page 311 of 793 City of Indio
City Council
February 7, 2024
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Resolution No. 10424, approving the quitclaim of Parcel A of Parcel Map No. 36716 previously dedicated to the City of Indio by RJ Ventures-Indio, LLC and Wal-Mart Real Estate Business Trust
RECOMMENDATION:
Adopt Resolution No. 10424 to approve the quitclaim of Parcel A of Parcel Map No. 36716 (The Palms). This parcel was initially dedicated to the City of Indio by RJ Ventures-Indio, LLC and Wal- Mart Real Estate Business Trust.
SUMMARY:
The Palms is a commercial development by I Ten Monroe, a California Limited Liability Company (Developer), generally located at the northeast corner of Monroe Street and the I-10 Freeway.
Parcel A of Parcel Map No. 36716 has been dedicated to the City of Indio (City) as a stormwater retention basin (Basin). The Developer aims to take control of Parcel A to ensure the maintenance and enhancement of the Basin, including landscaping improvements, to a higher standard than its current state. Consequently, the Developer has formally requested, and staff recommends that the City Council authorize the relinquishment of the City of Indio's interest in Parcel A of Parcel Map No. 36716. This action will lead to the release being recorded with the County of Riverside Recorder’s Office.
BACKGROUND INFORMATION:
The Developer recorded Parcel Map No. 36716 on April 29, 2015, dedicating Parcel A to the City.
Since then, the City has maintained the Basin to ensure proper stormwater drainage and reasonable aesthetics. The Developer now seeks control of the Basin to elevate its maintenance, including landscaping improvements, beyond the current standard. By assuming ownership, the Developer commits to perpetual maintenance and associated costs. Importantly, the drainage rights for Parcels 1 through 21 of Parcel Map No. 36716 and Assessor Parcel Numbers 610-330-027, 610-330-026, and 610-080-062 will remain unaffected by relinquishing Parcel A to the Developer. Therefore, the relinquishment of Parcel A of Parcel Map No. 36716 to the Developer is warranted.
Parcel A is further described in Attachment 1.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$0 In current year budget: N/A
AGENDA ITEM #10.8
Resolution No. 10424 , approving the quitclaim of Parcel A of Parcel Map... Page 312 of 793 Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective:
Source of funds: N/A Fund-Org-Object
Reference:
N/A
Additional Financial Details:
There is no cost associated with this action.
ATTACHMENTS:
Attachment 1
Atttachment 2
APPROVAL(S):
Timothy Wassil, Public Works Director Approved - 30 Jan 2024 Steven Graham, City Attorney Approved - 30 Jan 2024
Glendale Berdan, Accountant Approved - 30 Jan 2024
Bryan H. Montgomery, City Manager Approved - 30 Jan 2024
Resolution No. 10424 , approving the quitclaim of Parcel A of Parcel Map... Page 313 of 793 $77$&+0(17
/(*$/'(6&5,37,21$1'0$3
Resolution No. 10424 , approving the quitclaim of Parcel A of Parcel Map... Page 314 of 793
Resolution No. 10424 , approving the quitclaim of Parcel A of Parcel Map... Page 315 of 793
Resolution No. 10424 , approving the quitclaim of Parcel A of Parcel Map... Page 316 of 793
ATTACHMENT 2
RESOLUTION NO. 10424
APPROVING THE QUITCLAIM
Resolution No. 10424 , approving the quitclaim of Parcel A of Parcel Map... Page 317 of 793
2 RESOLUTION NO. 10424
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, APPROVING THE QUITCLAIM OF PARCEL A OF PARCEL MAP NO. 36716 PREVIOUSLY DEDICATED TO THE CITY OF INDIO BY
RJ VENTURES-INDIO, LLC AND W AL-MART REAL ESTATE BUSINESS TRUST
WHEREAS, Parcel A was granted by RJ Ventures-Indio, LLC and Wal-Mart Real Estate Business Trust to the City of Indio by Parcel Map N o. 36716 as a stormwater retention basin and was recorded with the County of Riverside Recorder’s Office on April 29, 2015; and
WHEREAS, on April 1, 2015, the City Counc il of Indio authorized the acceptance of Parcel Map No. 36716 showing Parcel A, which was subsequently recorded with the County of Riverside Recorder’s Office;
WHEREAS, the current owner, I Ten Monroe, a California Limited Liability Company (“Developer”), aims to take control of the retention ba sin to ensure the maintenance and enhancement, incl uding landscaping improvements , to a higher standard than its current state and the City of Indio desires t o relinquish to the Developer Parcel A of Parcel Map No. 36716 with a Quitclaim Deed, for the continued use as a private retention basin to be maintained in perpetuity by Developer; and
WHEREAS, the drainage rights for Parcels 1 through 21 of Parcel Map No. 36716 and Assessor Parcel Number s 610-330-027, 610-330-026, and 610-080-062 will remain unaffected by relinquishing Parcel A to the Developer;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES HEREBY FIND AND RESOLVE AS FOLLOWS:
Section 1. The City Council hereby finds that all of the facts set forth i n the recitals of this resolution are true, correct, and are incorporated herein.
Section 2. The City Council finds and declares that the intended use of Parcel A of Parcel Map No. 36716 will continue and hereby quitclaims t o the Developer for the continued use as a private r etention basin to be maintained in perpetuity by Developer.
Section 3. The City Council hereby approves the Quitclaim Deed attached herein as Exhibit A and hereby authorizes the City Manager to execute said deed and transmit to the County of Riverside Recorder’s Office for recordation.
Section 4. The City Council hereby authoriz es the City Manager to take a ny and all actions required to effectuate the provisions of this Resolution.
Resolution No. 10424 , approving the quitclaim of Parcel A of Parcel Map... Page 318 of 793
3 Section 5. This Resolution shall be effective upon adoption.
Section 6. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 7th day of February, 2024.
_____________________________________
LUPE RAMOS AMITH, MAYOR
ATTEST:
________________________________
CYNTHIA HERNANDEZ, CMC
CITY CLERK
APPROVED AS TO FORM:
________________________________
STEVE GRAHAM, CITY ATTORNEY
Resolution No. 10424 , approving the quitclaim of Parcel A of Parcel Map... Page 319 of 793
4 EXHIBIT A
Resolution No. 10424 , approving the quitclaim of Parcel A of Parcel Map... Page 320 of 793
5 RECORDING REQUESTED BY, AND
WHEN RECORDED RETURN TO:
CITY OF INDIO
100 Civic Center Mall
Indio, California 92201
Attn: City Clerk
Parcel A of Parcel Map No. 36716
[Space Above For Recorder’s Use Only]
Grantor declares that this Quitc laim Deed is exempt from Record ing Fees pursuant to California Government Code Sections 6103 AND 27383. Documentary Transfer Tax is $0; conveyance for no consideration.
QUITCLAIM DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowl edged, the City of Indio (“Grantor”), hereby conveys to I Ten Monroe, a California Limited Liabil ity Company (“ Grantee”), without representation or warranty, express, or implied, all of Grantor’s right, title and interest (if any) in, under and to: ( i) that certain land located in the City of Indio, County of Riv erside, State of California, described on Exhibits “A” and “B” attached hereto, and (ii) the improvements thereon.
Dated as of: February 7, 2024
G R A N T O R : C i t y o f I n d i o
B y :
Bryan H. Montgomery
City Manager
Resolution No. 10424 , approving the quitclaim of Parcel A of Parcel Map... Page 321 of 793
Resolution No. 10424 , approving the quitclaim of Parcel A of Parcel Map... Page 322 of 793
Resolution No. 10424 , approving the quitclaim of Parcel A of Parcel Map... Page 323 of 793 City of Indio
City Council
February 7, 2024
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Resolution No. 10425 of Intention for Annexation No. 84 (Parcels 1, 2, and 3 of the on located LLC, Company, No. Pulte 38473) Map Parcel Home northwest corner of Madison Street and Avenue 40, into CFD No. 2004-1 and setting the public hearing for March 20, 2024
RECOMMENDATION:
Adopt Resolution No. 10425 of Intention to annex property into City of Indio Community Facilities District No. 2004-1 (Law Enforcement, Fire and Paramedic Services) and to authorize the levy of a special tax with Annexation Area No. 84 (Parcels 1, 2, and 3 of Parcel Map No. 38473) Pulte Home Company, LLC, located on the northwest corner of Madison Street and Avenue 40, and set the public hearing for March 20, 2024.
SUMMARY:
On May 19, 2004, the City Council adopted a Resolution of Intention establishing Community Facilities District (CFD) No. 2004-1 for funding a portion of the costs of law enforcement, fire and paramedic services incurred as a result of new development within the City. The City Council also adopted a rate and method of apportionment to levy the special tax on all new residential development of four or more units. The tax is applicable upon the issuance of building permits on or after May 1, 2004.
BACKGROUND INFORMATION:
The CFD area boundaries and parcels of land in which services are to be provided and on which special taxes will be levied to pay costs and expenses are shown on the attached boundary map (see Attachment “2”), Annexation Map No. 84. Upon the petition of property owners, the City will annex new subdivision developments into the CFD. The owner of the property within the boundaries of Annexation Map No. 84, Pulte Home Company, LLC, has filed a petition with the City Clerk requesting the City to include such property in the CFD.
Pulte Home Company, LLC aims to annex Parcels 1, 2, and 3 from Parcel Map No. 38473, constituting the initial four phases of Tentative Tract Map No. 38470, under their ownership and control. Parcels 4 and 5 of Parcel Map No. 38473 will be annexed into CFD No. 2004-1 at a later date when they gain ownership, ensuring inclusion before the recordation of any remaining tract map beyond Annexation No. 84 boundary.
AGENDA ITEM #10.9
Resolution No. 10425, Intention for Annexation No. 84 (Parcels 1, 2, and... Page 324 of 793 The subject Resolution of Intention establishes the setting of a noticed public hearing for March 20, 2024. On March 20, 2024, any interested individuals may testify for or against the annexation of the subject area into the CFD.
The Mello-Ross Community Facilities Act of 1982 (the “Act”) provides clear authority in section 53313 for the establishment of a community facilities district to finance police, fire, and paramedic services (Section 53313(a) and (b) of the California Government Code). This section also specifically provides for approval of the special tax by vote of the landowners.
Further, section 53318(c) specifically provides for the initiation of the establishment of community facilities districts upon receipt by the City of a petition requesting the institution of proceedings by the owners of not less than 10% of the area of land proposed to be included within the district.
Annexation proceedings (Article 3.5 of the Act) follow similar procedures.
Section 53326(b) provides that there are less than 12 registered voters currently with the proposed district, the vote to levy a special tax shall be by the landowners of the proposed district and each landowner shall have one vote for each acre or portion of an acre of land owned within the proposed district. The Act clearly contemplated and provided for the establishment of districts, and the annexation of territory thereto, for raw land developments.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective:
Source of funds: N/A Fund-Org-Object
Reference:
N/A
Additional Financial Details:
The cost for the annexation is approximately $3,000 in consulting fees and $7,408 for Administrative Costs. Pulte Home Company, LLC, has paid $10,408 to cover these costs. There will be no impact to the General Fund.
There are 876 units contained within this annexation. The Fiscal Year 2023-2024 rate is $524.45 per unit, subject to annual rate adjustments of two (2) percent. Collection begins in the fiscal year after the building permit is issued. The annual collection will be based on the number of building permits issued prior to June 30 of the prior fiscal year.
ATTACHMENTS:
Attachment 1
Attachment 2
Attachment 3
APPROVAL(S):
Resolution No. 10425, Intention for Annexation No. 84 (Parcels 1, 2, and... Page 325 of 793 Timothy Wassil, Public Works Director Approved - 30 Jan 2024 Steven Graham, City Attorney Approved - 30 Jan 2024
Glendale Berdan, Accountant Approved - 30 Jan 2024
Bryan H. Montgomery, City Manager Approved - 30 Jan 2024
Resolution No. 10425, Intention for Annexation No. 84 (Parcels 1, 2, and... Page 326 of 793 103230751.3
ATTACHMENT 1
RESOLUTION NO. 10425 OF INTENTION
FOR ANNEXATION NO. 84
Resolution No. 10425, Intention for Annexation No. 84 (Parcels 1, 2, and... Page 327 of 793 103230751.3
RESOLUTION NO. 10425
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY
OF INDIO TO ANNEX PROPERTY INTO CITY OF INDIO COMMUNITY FACILITIES DISTRICT NO. 2004-1 (LAW ENFORCEMENT, FIRE AND
PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A
SPECIAL TAX WITHIN ANNEXATION AREA NO. 84 (PARCELS 1, 2, AND 3 OF PARCEL MAP NO. 38473)
WHEREAS, the City Council (the “Council”) of the City of Indio (the “C ity”) has established City of Indio Community Facilities District No. 200 4-1 (Law Enforcement, Fire and Paramedic Services) (the “CFD”) pursuant to the Mello- Roos Community Facilities Act of 1982, as amended, commencing with Section 533 11 of the Government Code of the State of California (the “Act”); and
WHEREAS, the territory included in the existing CFD consisted original ly of certain territory located in the northern part of the City and presently includes additional annexed territory located in the northern and other portions of t h e C i t y , w h i c h i n accordance with Section 53339 of t he Act may or may not be cont iguous to the original CFD territory and which consist of previously undeveloped parce ls within the City that required a discretionary approv al for development and which hav e been developed or are being developed for private residential purposes, and such other parcels and may have been added upon the petition of the property owners thereof; and WHEREAS, the CFD will finance law enforcement, fire and paramedic serv ices that are in addition to those provided in the territory within the CFD prior to the formation of the CFD and do not supplant services already available within the territory included in the CFD subject to the levy of a special tax to pay for such se rvices, approved at an election held within the boundaries of the CFD; and
WHEREAS, the Council has provided for the annexation in the future of territory (the “Future Annexation Area”) to the CFD pursuant to the terms and provisions of the Act; and
WHEREAS, the Council has determined purs uant to Section 53339.2 of the Act that public convenience and necessity require that territory be added to the CFD;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, DOES RESO LVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The Council hereby determines to institute proceedings for the annexation of certain territory into the proposed CFD under the terms of the Act. The exterior boundaries of the area to be annexed (“Annexation Area No. 84”) are hereby specified and described to be as shown on that certain map now on file in the office of the City Clerk entitled “Annexation Map No. 84 Community Facili ties District No. 2004-1 (Law Enforcement, Fire and Paramedic Services)” which map indic ates by a boundary
Resolution No. 10425, Intention for Annexation No. 84 (Parcels 1, 2, and... Page 328 of 793 103230751.3 2
line the extent of the territory included in Annexation Area No. 84 and shall govern for all details as to the extent of Annexation Area No. 84. On the ori ginal and one copy of the map of such Annexation Area No. 84 on file in the City Clerk’s office, the City Clerk shall endorse the certificate evidenci ng the date and adoption of thi s Resolution. The City Clerk shall file the original of such map in her office and, wi thin fifteen (15) days after the adoption of this Resolution, the City Clerk shall file a co py of such map so endorsed in the records of the County Recorder, County of Riverside, State of California.
Section 2. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with procedures con tained in the Act a special tax (the “Special Tax”) sufficient to finance law enfor cement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 84, prior to the annexation of A nnexation Area No. 84 into the CFD and do not supplant services already available within the territory proposed to be annexed into the CFD, the costs of administering the levy and collection of the Special T ax and all other costs of the levy of the Special Tax, including any foreclosure proceedi ngs, legal, fiscal, and financial consultant fees, electi on costs, and all other admini strative costs of the tax levy. The Special Tax will be secured by recordation of a cont inuing lien against all real property in the proposed Annexation Area No. 84. The schedule of the rate and method of apportionment and manner of colle ction of the Special Tax is described in detail in Exhibit “A” attached hereto and by this reference incorporated herein. The annexation of Annexation Area No. 84 will not result in any change to the special tax rates levied in the CFD prior to such annexation.
The Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act.
The maximum Special Tax applicable to a parcel to be used for p rivate residential purposes, as set forth in Exhibit A, is specified as a dollar amount which shall be calculated and established not later than the date on which the parcel is first subject to tax because of its use for p rivate residential purposes, and such amount shall not be increased over time by an amount i n excess of 2 percent per yea r. Under no circumstances will the Special Tax to be levied against any par cel used for private residential purposes be increas ed as a consequence of delinquen cy or default by the owner of any other parcel or par cels within the proposed Annexa tion Area No. 84. As specified by the Act, for purposes of this paragraph, a parcel shall be considered “used for private residential purposes ” not later than the date on wh ich an occupancy permit for private residential use is issued.
Section 3. A public hearing (the “Hearing” ) on the annexation of Annexatio n Area No. 84 and the proposed rate and method of apportionment o f the Special Tax shall be held on March 20, 2024, at 5:00 o’clock p.m., or as so on thereafter as practicable, at the chambers of the City Council of the City of Indio, 150 Civic Center Mall, Indio, California 92202.
Resolution No. 10425, Intention for Annexation No. 84 (Parcels 1, 2, and... Page 329 of 793 103230751.3 3
Section 4. At the time and place set forth above for the hearing, any inte rested person for or against the annexation of Annexation Area No. 84 to the CFD or the levying of special taxes within the proposed Annexation Area No. 84 will be heard.
Section 5. The City may accept advances of funds from any sources, including private persons or private ent ities, and is authorized and dire cted to use such funds for any authorized purpose, including any cost incurred by the City in annexing the proposed Annexation Area No. 84. The City may enter into an agreement to repay all of such funds as are not expended or committed for any authorized purpose at the time of the election on the levy of the S pecial Tax, if the proposal to levy such tax should fail, and to repay all of such funds advanced if the levy of the Spec ial Tax shall be approved by the qualified electors of Annexation Area No. 84.
Section 6. The City Clerk is hereby direct ed to publish a notice (“Notice” ) of the Hearing pursuant to Secti on 6061 of the Government Code in a newspaper of general circulation published in the area of the proposed Annexation Area No. 84. Such Notice shall contain the text of this Resolution, state the tim e and place of the Hearing, a statement that the testimony of all interested persons or tax payers will be heard, a description of the protest rights of the registered voters and landowners in the proposed Annexation Area No. 84, as provided in Section 53339.5 of the A ct and a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least 7 days prior to the date of the Hearing.
Section 7. The voting procedure with respect to the annexation of the Annexation Area No. 84, and the imposition of the special tax shall be by hand delivered or mailed ballot election.
PASSED, APPROVED and ADOPTED this 7th day of February, 2024.
LUPE RAMOS AMITH, MAYOR
ATTEST:
CYNTHIA HERNANDEZ
CITY CLERK, CMC
Resolution No. 10425, Intention for Annexation No. 84 (Parcels 1, 2, and... Page 330 of 793 103230751.3 4
APPROVED TO FORM:
STEVEN GRAHAM
CITY ATTORNEY
Resolution No. 10425, Intention for Annexation No. 84 (Parcels 1, 2, and... Page 331 of 793 103249111.2
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAX
Resolution No. 10425, Intention for Annexation No. 84 (Parcels 1, 2, and... Page 332 of 793 103249111.2
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF INDIO COMMUNITY FACILITIES DISTRICT NO. 2004-1
(LAW ENFORCEMENT, FIRE and PARAMEDIC SERVICES)
A Special Tax as hereinafter defined shall be levied on all Ass essor’s Parcels in Community Facilities District No. 2004-1 of the City of Indio (“CFD No. 2004-1”) and collected each Fiscal Year commencing in Fiscal Year 2004-05, in an amoun t determined by the City Council of the City of Indio, thr ough the application of the Ra te and Method of Apportionment as described below. All of the real property in CFD No. 2004-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello-Roos Community Facilities Act of 1982, as amen ded, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. “Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with a n assigned Assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the County Assessor of the County designating parcels by Assessor’s parcel number.
“CFD Administrator” means an official of the City, or designee thereof, responsibl e for providing for the levy and collection of the Special Taxes. “CFD No. 2004-1” means City of Indio Community Facilities District No. 2004-1 ( Law Enforcement, Fire and Paramedic Services).
“City” means the City of Indio.
“City Council” means the City Council of the City.
“Commercial or Industrial Property” means for each Fiscal Year, property for which a building permit for new construction of a commercial or industr ial use building was issued after May 1, 2004.
“County” means the County of Riverside.
“Developed Multi-Family Residential Property” m e a n s f o r e a c h F i s c a l Y e a r , a l l Taxable Property for which a bu ilding permit for new constructi on o f a multi-family dwellin g with two or more units was issued after May 1, 2004 and prior t o June 30 of the prior Fiscal Year, exclusive of property for which the property owner pays Transient Occupancy Taxes or the property owner has entered into an agreement with the City purs uant to which such property owner pays Transient Occupancy Taxes.
Resolution No. 10425, Intention for Annexation No. 84 (Parcels 1, 2, and... Page 333 of 793 103249111.2 2
“Developed Property” means for each Fiscal Year, all Developed Multi-Family Residential Property and Developed Single-Family Residential Property. “Developed Single-Family Residential Property” means for each Fiscal Year. all Taxable Property for which a bui lding permit for new constructi on of a single-family dwelling unit was issued after May 1, 2004 and prior to June 30 of the p rior Fiscal Year. excluding any Developed Single-Family Restricted Residential Property. “Fiscal Year” means the period starting July I and ending on the following June 30. “Resolution of Formation” means the resolution adopted b y the City as authorized by Section 53325.1 of the California Government Code.
“Special Tax” means the special tax.to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
“State” means the State of California.
“Taxable Property” means all of the Assessor’s Parc els within the boundaries of C FD No. 20041 which are not exempt from the Special Tax pursuant to law or Section E below. “Transient Occupancy Taxes” means those taxes payable to the City pursuant to Ordinance No. 408, as it may be amended from time to time. “Undeveloped Property” means, for each Fiscal Year, all Assessor’s Parcels not classified as Developed Property or Commercial or Industrial Property.
B. ASSIGNMENT TO LAND USE CLASSES
Each Fiscal Year, all Taxable Property within CFD No. 2004-1 sh all be classified as Developed Single-Family Residential Property, or Developed Multi-Family Residential Property, and shall be subject to Special Taxes in accordance with the ra te and method of apportionment determined pursuant to Sections C and D below.
C. MAXIMUM SPECIAL TAX
1. Developed Single-Family Residential Property
a. Maximum Special Tax - The 2004-05 Maximum Special Tax for each Assessor’s Parcel classified as Developed Single-Family Residential Proper ty shall be $524.45.
b. Increase in the Maximum Special Tax - On each. July 1, commenci ng on July 1, 2005. the Maximum Special Tax shall be increased by an amount e qual to two percent (2%) of the amount in effect for the previous Fiscal Year.
2. Developed Multi-Family Residential Property
Resolution No. 10425, Intention for Annexation No. 84 (Parcels 1, 2, and... Page 334 of 793 103249111.2 3
a. Maximum Special Tax - The 2004-05 Maximum Special Tax for each Assessor’s Parcel classified as Developed Multi-Family Residential Propert y shall be $524.45 multiplied by the number of separate dwelling units app licable to such Assessor’s Parcel.
b. Increase in the Maximum Special Tax - On each July 1, commencin g on July 1. 2005. the Maximum Special Tax shall be increased by an amount e qual to two percent (2%) of the amount in effect for the previous Fiscal Year.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2004- 05 and for etch following Fisc al Year, the City Council shall levy the Special Tax at the Maximum Special Tax o n all Developed Single-Family Residential Property and Developed Multi-Family Residential Property.
E. EXEMPTIONS; EXCLUSIONS
No Special Tax shall be levied on Undeveloped Property, Commerc ial or Industrial Property or for Developed Property developed as part of a development with less than 4 units. In the event that a Developed Multi-Family Residential Property that has been excluded from a levy of the Special Tax by reason of the payment by the property own er of Transient Occupancy Tax, and should that payment be terminated, such Assessor Parcel sha ll not longer be excluded from Developed Multi-Family Residential Property and will be subject to the Special Tax.
F. APPEALS AND INTERPRETATIONS
Any taxpayer may file a written appeal of the Special Tax on hi s/her property with the CFD Administrator, provided that the appellant is current in hi s/her payments of Special Taxes.
During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the calcula tion of the Special Tax is in e rror. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determinati on. If the CFD Administrator ag rees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant’s property and/or provide a refund to the appellant. If the CFD Administrator dis agrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Board by filing a written notice of appeal with the Boar d Secretary. provided that the appellant is current in his/her payments of Special Taxes. The- second appeal must specify the reasons for its disagreement with the CFD Administrator’s determination.
G. MANNER OF COLLECTION
The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2004-1 may directly bill the Special Tax, may collect Special Taxes at a different time or in a diff erent manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.
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H. PREPAYMENT OF THE SPECIAL TAX
The Special Tax may not be prepaid.
I. TERM OF THE SPECIAL TAX
The Annual Maximum Special Tax s hall be levied in perpetuity or until Law Enforcement, Fire and Paramedic Services are no longer being pr ovided by the City within CFD No. 2004-1, whichever is earlier. The Maximum Annual Special Ta x shall be reviewed by the City Council at the end of each ten year period.
Resolution No. 10425, Intention for Annexation No. 84 (Parcels 1, 2, and... Page 336 of 793 103230751.3
ATTACHMENT 2
ANNEXATION MAP NO. 84
Resolution No. 10425, Intention for Annexation No. 84 (Parcels 1, 2, and... Page 337 of 793
ATHERSTONE DR
AVENUE 38
PEAK FOREST DR
CAM
INO TEM
PLADO
AVENIDA NEBLINA
CALLE POPOCA
CALLE TENERIA
39TH AVE
38TH AVE
CAM
INO PISCINA
CAMINO ARBUSTO
AVENIDA COLONIAS
CAMINO BUENDIA
CORTE COMPRAS
CAMINO DE TALA
YOUNGS WAY
SUN CITY BLVD
40TH AVE
38TH
BURR ST
MADISON ST
TARR RD
LINDY LN
AVENUE 39
KEVIN RD
JEFFERSON ST
AVENIDA LINDA VISTA
CAMINO LAMPAZOS
CAM
INO LAS HOYES
CAM
INO AGUACERO
PRIM
ROSE LN
PATRICK DR
AVENUE 40
EASTSIDE DR
ANNEXATION MAP NO. 84
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
CITY OF INDIO
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
SHEET 1 OF 1
FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF _____________, 202__.
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF ANNEXATION NO. 84, TO COMMUNITY FACILITIES DISTRICT NO. 2004-1 (LAW ENFORCEMENT,
FIRE AND PARAMEDIC SERVICES), CITY OF INDIO, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF INDIO AT A REGULAR MEETING THEREOF, HELD ON THE ________, DAY OF__________________, 202__, BY ITS RESOLUTION NO. ____________________.
__________________________________
SABDI SANCHEZ, CITY CLERK
CITY OF INDIO
FILED THIS ______ DAY OF _________________, 202__, AT THE HOUR OF ______ O'CLOCK ____ .M. IN BOOK_________ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE(S)_______ IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
FEE:______________________________
INSTRUMENT NO:__________________
PETER ALDANA, ASSESSOR-COUNTY CLERK-RECORDER
__________________________________
BY DEPUTY
COUNTY RECORDER
COUNTY OF RIVERSIDE
REFERENCE IS MADE TO THAT BOUNDARY MAP OF COMMUNITY FACILITIES DISTRICT NO. 2004-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) OF THE CITY OF INDIO RECORDED WITH THE RIVERSIDE COUNTY RECORDER'S OFFICE ON JUNE 1, 2004, IN BOOK 56 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, PAGE 96, AS INSTRUMENT NO. 2004-0412545.
THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON THIS DIAGRAM SHALL
BE THOSE LINES AND DIMENSIONS AS SHOWN ON THE RIVERSIDE COUNTY ASSESSOR'S MAPS FOR THOSE PARCELS LISTED.
THE RIVERSIDE COUNTY ASSESSOR'S MAPS SHALL GOVERN FOR ALL DETAILS CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTS OR PARCELS.
THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON THIS MAP SHALL BE THOSE LINES AND DIMENSIONS AS SHOWN ON COUNTY OF RIVERSIDE PARCEL MAP NO. 38473 PARCELS 1, 2 AND 3, RECORDED IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA ON DECEMBER 6, 2023 AS INSTRUMENT NUMBER 2023-0362997. .
§¨¦10
VICINITY MAP
SITE
Legend
INDIO CITY LIMITS
Legend
Proposed Annexation Boundary
Map Reference Number1
2 3
4 5 6
7 8
9 1
MAP REFERENCE NUMBER ASSESSOR'S PARCEL NUMBER
1 Part of 691-100-021*
2 691-100-023
3 691-100-025
4 Part of 691-110-002*
5 691-110-003
6 691-110-004
7 691-110-007
8 691-110-008
9 691-110-011
* REPRESENTS THE ASSESSOR PARCEL NUMBER FOR THOSE PARCELS
OR PORTIONS THEREOF INCLUDED WITHIN THE BOUNDARY OF COUNTY OF RIVERSIDE PARCEL MAP NO. 38473.
Resolution No. 10425, Intention for Annexation No. 84 (Parcels 1, 2, and...Page 338 of 793 ATTACMENT3INFORMATIONSHEET
Resolution No. 10425, Intention for Annexation No. 84 (Parcels 1, 2, and... Page 339 of 793 , P INb LandUse(CircleOnea.FillInAssesor5 areaurners Informtlon4:4) - I
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PARCEL/OWNERINFORMATIONSHEETToday'sDate:2/10/2023
Pleasefillinthefollowinginformationthatisneededforthisannnexation:
1.ProperlyInformationTractorParcelMapNo PM38493
Acres8.74611-110-0395.04
2.ContactInformation-OwnerNamelndioNorthBusiness,LLCPhoneNo.949.278.2754 FaxNo.Address484S.SanVicenteLosAngeles,CA90048
3.ContactInformation-EngineerNameScottGilbert
phoneNo_951.280.3300
R
1.Single-familyResidential#ofLar5af f2.Multi—fami|yResidential#ofUnits‘af 2‘1883.CommercialJetAcres4.IndustrialNefAcres5.ReligiousNefAcres
Resolution No. 10425, Intention for Annexation No. 84 (Parcels 1, 2, and... Page 340 of 793 92882
FaxNo.Address200S.MainStreet,Suite300Corona.CA
4.InformationNeededforBallotingProcess5ignCI1'I-II‘63|0CkIndioNorthBusiness,LLC SignatoryMattDugally,MemberAddresstoWhichtheBallotShouldBeSent484S.SanVicenteBlvd.LosAngeles,CA90048 ThePersontoWho'sAttentiontheBallotShouldBe‘SentDaveConley5.PropertyStatus Doyouplantosellanyofthepropertywithinthenext6months?NoIfyes,whenisescrowscheduledtoclose?N/AWhenarethefirstclosingstoindividualhomeownersscheduledtooccur?
Resolution No. 10425, Intention for Annexation No. 84 (Parcels 1, 2, and... Page 341 of 793 City of Indio
City Council
February 7, 2024
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Bryan Montgomery, Executive Director
Subject: Resolution Amendment of Resolution 10411 calling for a peaceful resolution to the Israel-Palestine conflict and condemning any and all acts of Anti- Semitism and Islamophobia.
RECOMMENDATION:
Adopt the amended Resolution No. 10411 and direct the City Clerk Administrator to replace the resolution adopted on December 20, 2023 with this amended version.
SUMMARY:
On December 20, 2023 the City Council unanimously adopted Resolution No. 10411. Direction was provided at the January 17, 2024 Council Meeting to bring back an amended resolution.
BACKGROUND INFORMATION:
At the December 20, 2023 Council Meeting, some members of the community expressed concern that the City Council was taking sides in an international conflict over which the City had no role or jurisdiction. It was stated by some that portions of the adopted resolution were offensive and did not adequately provide a balanced statement of the City Council's long-stated policy that all people should be free of discrimination; and, specific to the Israeli-Palestinian conflict, that the violence stop and peace be achieved.
At the January 17, 2024 City Council Meeting, City Councilmembers stated that there was never an intent to offend or take sides on such a matter and staff was directed to bring back an amended resolution. The amended resolution was to be more clear that the City Council wasn't taking sides regarding the conflict, but that it would restate that the conflict should end peacefully and that both Anti-Semitism and Islamophobia are condemned.
Attached is a redlined version of Resolution No. 10411 that shows the proposed amendments to the resolution, and a clean version is also attached.
ALTERNATIVES:
Not adopt the amended resolution.
ATTACHMENTS:
Attachment 1 - Resolution No. 10411 Amended (redline)
Attachment 2 - Resolution No. 10411 Amended
AGENDA ITEM #11.1
Resolution Amendment of Resolution No. 10411 calling for a peaceful reso... Page 342 of 793
Resolution Amendment of Resolution No. 10411 calling for a peaceful reso... Page 343 of 793 RESOLUTION NO. 10411 (AMENDED)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA
CONDEMNING THE HAMAS TERRORIST ATTACKS IN ISRAEL, CALLING FOR A PEACEFUL RESOLUTION TO THE ISRAEL-PALESTINE CONFLICT;
AND CONDEMNING ANY AND ALL ACTS
OF ANTI-SEMITISM AND ISLAMOPHOBIA.
WHEREAS, on the 20th of December, 2023 the City Council adopted Resolution No. 10411 and now desires to amend that resolution to now read as follows:
WHEREAS, the City Council of the City of Indio unequivocally condemns the attacks by Hamas and any harm that fallsmourns the loss of innocent lives upon innocent civilians in Israel, in Palestine, and in the occupied territories. This bodyThe City Council is committed to promoting peace, justice, and security for all people, regardless of their nationality or religion; and WHEREAS, just before 7:00 a.m. local time, a rocket attack perpetrated by the terrorist organization, Hamas, began to hit major cities including Tel Aviv and Jerusalem. Within the hour, Hamas fighters poured into Israeli territory. They ferociously targeted civilians, kidnapping, killing, and leaving a trail of terror. To date, thousands on both sides have been either killed or wounded; and WHEREAS, the attacks the conflict in Israel, Palestine and the occupied territories have has impacted both Israeli Jews and Arabs, undermining the peaceful coexistence and harmony that must undergird any resolution to the ongoing political conflict; and
WHEREAS, the City Council of denounces any war crimes committed during the Palestine-Israel conflict; and
WHEREAS, violence and terrorism can never beare not justified as means to achieve political goals. Dialogue, negotiation, and peaceful resolutions are the only viable paths towards lasting peace and stability; and WHEREAS, the City Council supports the provision of water, food, fuel, humanitarian aid and essential healthcare for the citizens of Gaza; and WHEREAS, the City Council supports the values of freedom, democracy, and human rights, in its efforts to protect its citizens from acts of terrorism and ensure their safety and security; and
Resolution Amendment of Resolution No. 10411 calling for a peaceful reso... Page 344 of 793 WHEREAS, the City Council acknowledges the suffering and loss experienced by innocent Palestinians in the ongoing conflict, and believes that a just and lasting peace can only be achieved through a negotiated settlement that respects the rights and national aspirations of both Israelis and Palestinians; and WHEREAS, the City Council affirms the inalienable human rights enshrined in our nation’s constitution. It strongly believes that by ensuring these rights for all, a peaceful and just resolution to the ongoing Israel-Palestine conflict can be achieved.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Indio, California hereby amends Resolution 10411 and condemns the Hamas terrorist attacks in Israel and calls for a peaceful resolution to the Israeli- Palestinian conflict and condemns any and all acts of Anti-Semitism and Islamophobia.
PASSED, APPROVED AND ADOPTED this 20 th 7 th day of December February 20243, by the following vote:
_______________________________
LUPE RAMOS-AMITH, MAYOR
ATTEST:
________________________________
SABDI SANCHEZ, CITY CLERK ADMINISTRATOR
Resolution Amendment of Resolution No. 10411 calling for a peaceful reso... Page 345 of 793 RESOLUTION NO. 10411 (AMENDED)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA
CALLING FOR A PEACEFUL RESOLUTION TO THE ISRAEL-PALESTINE CONFLICT; AND CONDEMNING ANY AND ALL ACTS
OF ANTI-SEMITISM AND ISLAMOPHOBIA.
WHEREAS, on the 20th of December, 2023 the City Council adopted Resolution No. 10411 and now desires to amend that resolution to now read as follows:
WHEREAS, the City Council of the City of Indio mourns the loss of innocent lives in Israel, in Palestine, and in the occupied territories. The City Council is committed to promoting peace, justice, and security for all people, regardless of their nationality or religion; and
WHEREAS, the conflict in Israel, Palestine and the occupied territories has impacted both Israeli Jews and Arabs, undermining the peaceful coexistence and harmony that must undergird any resolution to the ongoing political conflict; and WHEREAS, the City Council of denounces any war crimes committed during the Palestine-Israel conflict; and
WHEREAS, violence and terrorism are not justified as means to achieve political goals. Dialogue, negotiation, and peaceful resolutions are the only viable paths towards lasting peace and stability; and
WHEREAS, the City Council supports the provision of water, food, fuel, humanitarian aid and essential healthcare for the citizens of Gaza; and WHEREAS, the City Council supports the values of freedom, democracy, and human rights, in its efforts to protect its citizens from acts of terrorism and ensure their safety and security; and
WHEREAS, the City Council acknowledges the suffering and loss experienced by innocent Palestinians in the ongoing conflict, and believes that a just and lasting peace can only be achieved through a negotiated settlement that respects the rights and national aspirations of both Israelis and Palestinians; and WHEREAS, the City Council affirms the inalienable human rights enshrined in our nation’s constitution. It strongly believes that by ensuring these rights for all,
Resolution Amendment of Resolution No. 10411 calling for a peaceful reso... Page 346 of 793 a peaceful and just resolution to the ongoing Israel-Palestine conflict can be achieved.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Indio, California hereby amends Resolution 10411 and calls for a peaceful resolution to the Israeli-Palestinian conflict and condemns any and all acts of Anti- Semitism and Islamophobia.
PASSED, APPROVED AND ADOPTED this 7 th day of February 2024, by the following vote:
_______________________________
LUPE RAMOS-AMITH, MAYOR
ATTEST:
________________________________
SABDI SANCHEZ, CITY CLERK ADMINISTRATOR
Resolution Amendment of Resolution No. 10411 calling for a peaceful reso... Page 347 of 793 City of Indio
City Council
February 7, 2024
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Carl S. Morgan, Dir. Of Economic Development Subject: Shields Park Project: Select a finalist for the Shields Park Project and authorize the City Manager and City Attorney to negotiate and finalize the terms of any agreement between the City and the selected artist, with a total budget not exceeding $100,000.
RECOMMENDATION:
Select a finalist for the Shields Park Project and authorize the City Manager and City Attorney to negotiate and finalize the terms of any agreement between the City and the selected artist, with a total budget not exceeding $100,000.
SUMMARY:
On November 14, 2023, the City's Public Arts Commission evaluated 16 proposals submitted by qualified artists for the Shields Park Project. The review process was conducted in two rounds and concluded on January 9, 2024, when the Public Arts Commission recommended artists Marek Walczak and Christopher Fennel to the City Council as finalists. Staff is requesting that the City Council review the proposed work by the artists and choose one artist for the Shields Park Project.
BACKGROUND INFORMATION:
The City issued a Request For Proposal (RFP) to commission a site-specific outdoor artwork with an open theme, welcoming submissions from individual artists or teams. The site was selected for public investment because it is located at one of the entrances into the City from CV Link. The designated area for the artwork within the park spans approximately 100’x70’. The City Council has allocated a budget of up to $100,000 for this project.
Upon the RFP’s deadline, 16 proposals were received by the City from qualified artists. On November 14, 2023, the City’s Public Arts Commission thoroughly reviewed all submissions, including letters of interest, portfolios, resumes, and references. Following this review, five (5) artists were selected for presentations to the Commission. On January 9, 2024, these artists presented their concept designs to the Commission followed by a Q & A session. During this meeting, the Commission identified the artists Marek Walczak and Christopher Fennel and recommended them to the City Council as finalists.
The following section is the summary of the proposals from the above-noted finalists:
The proposal from the Artist Marek Walczak:
AGENDA ITEM #11.2
Shields Park Project: Select a finalist for the Shields Park Project and... Page 348 of 793 The proposed sculpture is inspired by the shape of a seed or a date embodying a sense of optimism, symbolizing a commitment to a new urban low-carbon strategy that the community can embrace. Its curved form eliminates hard edges near accessible areas, ensuring a welcoming and safe environment for all.
The proposed sculpture comprises six steel plates arranged in a pinwheel configuration around a central axis. In each plate, the artist has inserted some placeholder for texts that come into focus at each viewpoint. Each viewpoint is identified by the footprints of a pair of shoes. When one stands in these designated spots, regardless of her/his height, one can view the plain cut-out words against the sky. These words hold a totemic significance, encapsulating the essence of the place. The displayed words are temporary placeholders, and we eagerly anticipate collaborating with the community to choose the most fitting and meaningful ones.
Each plate measures 10 feet in height and approximately 4 feet in width. These sturdy steel plates are positioned on top of a concrete conical base, standing at 4 feet high. Consequently, the overall dimensions of the sculpture are 14 feet in height and 8 feet in width.
The Proposal from the Artist Christopher Fennel:
The proposed sculpture takes the form of hipster-style bikes. The artist envisions that the concept resonates with the community as the circus-themed hipster art bicycles perform aerial tricks in the sky—a spectacle reminiscent of what one might experience at the Coachella Arts Festival.
Each bike will be painted to resemble the animals that inspired their design. The artist intends to repurpose recycled bicycles, stripping them down and enhancing them. The sculpture is elevated ten (10) feet above ground, supported by three pipes to discourage climbing.
The artists' full proposals are provided as Attachments 1 and 2 in this staff report, and a rating sheet (Attachment 3) is included for the City Council to evaluate each artist.
Staff is requesting that the City Council choose the finalist for the Shields Park Project and authorize the City Manager and City Attorney to negotiate and finalize the terms of any agreement between the City and the selected artist, with a total budget not exceeding $100,000.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$100,000 In current year budget: Yes
Current FY General
Fund Impact:
Yes Budget adjustment: No
Next FY Financial
Impact:
0 Strategic Objective: Community
Beautification
Source of funds: Public Arts Fund Fund-Org-Object
Reference:
203-521064
ALTERNATIVES:
1. Continue the request pending submission of additional information.
2. Refer the item back to the Public Arts Commission.
Shields Park Project: Select a finalist for the Shields Park Project and... Page 349 of 793 ATTACHMENTS:
Attachment 1 - Marek Walczak
Attachment 2 - Christopher Fennel
Attachment 3 - Sculpture Selection Rating Sheet
APPROVAL(S):
Yanel Ramirez, Management Analyst Approved - 24 Jan 2024 Jillian Martins, Assistant City Attorney Approved - 24 Jan 2024 Alan Garcia, Accountant Approved - 25 Jan 2024
Bryan H. Montgomery, City Manager Approved - 25 Jan 2024
Shields Park Project: Select a finalist for the Shields Park Project and... Page 350 of 793 Attachment 1
Marek Walczak
Shields Park Project: Select a finalist for the Shields Park Project and... Page 351 of 793 INDEX
1. index
2. statement
3. concept
4. siteplan
5. plans
6. 6 viewpoints
7. footprints
8. workshops
9. random view
10. budget
SHIELDS PARK PROJECT
Jean François Niceron, 1613
ANAMORPHOSIS
A distorted projection or drawing which appears
normal when viewed from a particular point.
NOTE:
Please also see the animation that’s uploaded with the proposal.
Shields Park Project: Select a finalist for the Shields Park Project and...Page 352 of 793 w&h 2
statement
We would be delighted to create a sculpture for Shields Park.
Having worked in Indio for one project we feel connected to the town and look forward to the future of the CV Link.
All our work involves looking with sensitivity at the history of a place, a street, or a community. Whether working with school age children to generate meaningful content, collecting the silhouettes of community members, or asking local area artists to contribute to the work, we provide a carefully considered framework for the transformation of community contributions into something beautiful and reflective of those who will see it every day.
We create work that interacts with people, that acts almost as a theater for the art of everyday life. For this reason we’ve always liked to work with anamorphosis - that is, creating a work that makes sense from one point of view. In this case, we have six viewpoints!
In this proposal we have inserted some placeholder text that comes into focus at each viewpoint, however these are just a starting point. We look forward to working with the community to find the right words and stories so this work can be truly meaningful.
We have worked collaboratively with a number of metal
fabricators, foundries and rapid prototyping companies and have simultaneously utilized off the shelf components in our projects whenever budgets were more restrictive.
Shields Park Project: Select a finalist for the Shields Park Project and...Page 353 of 793 w&h 3
description
The sculpture consists of six steel plates that pinwheel around a central axis.
Each plate is 10 feet high by about 4 feet wide. The thick steel plates sit on a concrete conical base that is 4 feet high, so the total height of the piece is 14 feet by 8 feet wide.
The sculpture takes the form of a seed, or a date, creating a hopeful piece that looks forward to a new urban low carbon strategy that the community can embrace. Its form is curved, creating no hard edges near to where anyone would go.
We are inspired by the theater of the everyday, of people chatting, sitting around, walking their dog or taking a break, enjoying the park. Creating a piece that comes into focus 6 times as you walk around the park - it's a great way to augment the experience of the space.
Each viewpoint is marked with the footprints of a pair of shoes. When you stand there, no matter how tall you are, you can see the plain cut-out words against the sky. The words themselves are totemic, words that capture the experience of the place. The words we show are only place-holders, we look forward to working with the community to pick exactly the right ones.
The plates are made from weathering steel. This steel is made to withstand the weather, the rust that sets on it forming a skin that protects the sculpture and requires no maintenance. Around the sculpture is a round ring of gravel.
This hides any rust that washes off, and also forms a natural barrier.
The 6 steel plates are bolted to each other and to the concrete base. The pinwheel hides a pocket internally that is not visible from the outside. This is where we would put the necessary connectors - to ensure that they are minimally visible to the public.
Walczak & Heiss would be delighted to create this piece, judging by the reaction to our gallery piece “Shaker” which used similar principles, we are sure that the public will have fun and enjoy the sculpture. (above) on the left you can clearly see a word from one viewpoint. On the right is the jumble of overlapping letters you would see otherwise. (below) a view from above showing the pinwheel center
Shields Park Project: Select a finalist for the Shields Park Project and...Page 354 of 793 w&h 4
siteplan
The sculpture sits at the upper end of the park close to the entry from the CV link. It should be viewable from the CV link. It’s on axis with the city entrance to the park as well. The 6 viewpoints of the sculpture are equally spaced apart, so you see the viewpoints at regular intervals as you walk around the park.
Shields Park Project: Select a finalist for the Shields Park Project and...Page 355 of 793 w&h 5
plans
The viewpoints of the sculpture are
marked with textured stainless
steel footprints either in the path,
or just in front of it.
(left) Diagram shows what you
would see from the viewpoints
The viewpoints of the sculpture are
equally spaced from each other,
about 94 feet apart.
Shields Park Project: Select a finalist for the Shields Park Project and...Page 356 of 793 w&h 6
6 viewpoints
The 6 viewpoints and the visible texts
The current texts are only placeholders
HUB
OF
THE
VALLEY
U R HERE
INDIO
CAHUILLA
SHIELDS
DATE
Shields Park Project: Select a finalist for the Shields Park Project and...Page 357 of 793 w&h 7
footprints
View from above the sculpture
(top) footprints on the ground showing where’s
the optimum viewpoint to see a word.
(above) the footprints embedded in the path
Shields Park Project: Select a finalist for the Shields Park Project and...Page 358 of 793 w&h 8
workshops
The words visible at each viewpoint are placeholders for the final words which would be chosen by the public. We propose two stages of choosing what to cut into the sculpture:
1. In the first stage we ask people for their Indio words. Once we collect enough, we invite the general community to vote on their favorites, which, with the agreement of the city of Indio, we would then use in the sculptures.
2. We can do this during our initial site visit. We will also create a website, just like we did for Jackson Street, where people can vote.
(right top) A workshop collecting
phrases for our “Thoughtballoons”
piece.
(right middle) Collecting profiles for
our “Facewall” piece
(right bottom) The Indio workshop
website to collect images by school
children
Shields Park Project: Select a finalist for the Shields Park Project and...Page 359 of 793 w&h 9
random view
What’s fun is that the words are
only totally clear at each
viewpoint.
At other times, as you walk along
the path, you see fragments of
words cut out of the steel, with
odd overlaps and partial
meanings.
Shields Park Project: Select a finalist for the Shields Park Project and...Page 360 of 793 w&h 10
budget
Item Notes Quantity Price Totals
Weathering Steel Plate (cor-ten) 4ft x 10ft x 3/8" 6 1600 $9,600 Laser fabrication 6 1000 $6,000
Stainless steel footprints $2,000
Foundation City approved contractor $20,000
Installation City approved contractor $5,000
Landscaping City approved contractor $3,000
Misc. materials Fabrication of anchoring steel plates and angles $3,000 Lighting City approved contractor $5,000
Travel & Accomodation $5,000
Workshops & mockups $4,000
Engineer California registered engineer $4,000
Insurance $1,500
Delivery $1,900
Artist fee 20% $20,000
Contingency fee 10% $10,000
CONTRACT TOTAL $100,000
MATERIALS
The Weathering steel panels would be cut out with a laser, which can be done locally.
The concrete base would be formed with a standard sonotube and a conical shape cut out and bent from sheet metal.
Most of the connections between the concrete and steel and steel to steel would be hidden inside the pocket that is formed by the pinwheel.
If marked by graffiti, the rust can be scrubbed off with a steel brush and the area wetted down to encourage a new layer of rust.
(above) A close-up of the weathering steel. As the piece ages it changes, with colors from dark red, to brown, to orange.
TIMELINE
We can easily meet the timeline set by the call. We would need to start the project before the end of the year to meet the 1 May 2024 deadline.
Our first trip would be in January, we would need to meet and confirm contractors for the concrete base and meet the
engineer.
Approvals would need to come by end of February.
Local fabrication would be in March/April and installation at the end of April.
Shields Park Project: Select a finalist for the Shields Park Project and...Page 361 of 793 INDEX
1. index
2. resume
3. previous work : MARKERS
4. previous work : MARKERS / FLOOD
5. previous work : MARKERS / WHEREAMI
6. previous work : FACEWALL
7. previous work : FACEWALL
8. previous work : 14TH STREET OVERLAY
9. previous work : SHAKER
SHIELDS PARK PROJECT : walczak & heiss
Shields Park Project: Select a finalist for the Shields Park Project and...Page 362 of 793 Walczak & Heiss is an interactive civic-art design collaborative.
We have just finished the design for SHADOWALK, a canopy artwork for Indio, Markers, a major public artwork for a linear park in Denver, Co. and have a record of public artworks in Chico CA, Denver CO, Laramie WY, Wayne NE and others.
Marek Walczak has an international reputation in architecture, public artwork & new media with pieces in the permanent collections of the MoMA & the Walker Art Center in Minneapolis, MN amongst others. Prior to civic.space he worked for James Carpenter Design Inc.
Wesley Heiss is an artist and Associate Professor of Industrial Design at Lehigh University with substantial experience in animation, computer-aided design/manufacturing & interactive sculpture.
Our backgrounds in architecture combined with ‘in-house’ design and build skills have enabled us to easily coordinate a wide range of resources. We finish projects on time & on budget while our small size gives us a great deal of flexibility in adapting to the needs at hand.
Our work uses a range of technologies, from high-tech to dead-tech, that are carefully applied based on the needs and challenges of each project. We have been collaborating since 2007 & have completed commissions with budgets ranging up to $2,000,000.
CIVIC.SPACE the public art of Walczak & Heiss
http://civic.space
resume
w&h work 2
PUBLIC COMMISSIONS
Shadowalk, Indio CA
Permanent Public Art Commission for the City of Indio, 2023 Markers, 39th Avenue Greenway, Denver CO
Permanent Public Commission for the City and County of Denver, 2022 AboutFace, Wayne State College, Wayne NE
Permanent Public Commission, Nebraska Arts Council, 2018 The Curtain, Strata Symphony at City Center
With Angela Fraleigh, Permanent Public Commission, Allentown PA, 2017 Facewall, California University at Chico,
Permanent Public Commission, Chico CA, 2016
Animal Eyes, Berry Biodiversity Center
Permanent Public Commission for University of Wyoming, Laramie WY, 2015 14th Street Overlay, 14th Street Corridor, Denver CO
Permanent Public Commission for the City and County of Denver, 2013 Thoughtballoons, Central Park Recreation Center, Neighborhood of Stapleton, Denver, CO
Permanent Public Commission for the City and County of Denver, 2011 Staplefield, Central Park Recreation Center, Neighborhood of Stapleton, Denver, CO
Permanent Public Commission for the Park Creek Metropolitan District, 2011 Dialog Table, commission for University of Michigan Museum of Art, 2009 With Jakub Segen, permanent installation.
Dialog Table, Mattatuck Museum, Waterbury, CT., 2008-9
With Jakub Segen, permanent installation.
Ethics Table, Newseum, Washington, 2007-8
With Jakub Segen, permanent installation.
Shields Park Project: Select a finalist for the Shields Park Project and...Page 363 of 793 In the north side of Denver, a mile long park has become a space where the past merges with the present in markers, a series of four public art installations by artists Marek Walczak & Wes Heiss.
The works explore the evolving significance of the Clayton and Cole neighborhoods, the area that is home to the park, to residents past and present.
All of the works are interactive and allow visitors to engage with each piece.
Though each work is unique, they all share the same distinctive red-orange hue.
They are also grounded in their connection to the site—whether it be by marking a direction, referencing local history, or embodying community connections. markers was inspired by a diversity of sources, including the local community and historical research.
https://markers.civic.space
Markers was commissioned by the City and County of Denver and completed om 2022. The budget was $236,400
On this project we worked with the following:
Foundations by Two Brothers Concrete
Installation by Junoworks
Landscape architect Mark Wilcox
Landscaping by High Steppe Landscapes
Laser Cutting, Bruce Zieber at Trexler Industries
Metalwork by DiBello Metal Designs
Neighbor Fred Glick
Photography by Wes Magyar
Proposal Design team Carl Skelton
Rudi Cerri & Michael Chavez of Denver Public Art
Site project manager Brian Freeland
Structural Engineer John Migliaccio
Tractrix Horn design by Erik Forker
previous work : MARKERS
w&h work 3
Shields Park Project: Select a finalist for the Shields Park Project and...Page 364 of 793 39th Avenue Greenway is more than a park—it is an essential part of infrastructure that collects and directs rainwater during a flood. This piece is connected to the park by highlighting a catastrophic Denver flood from 1965, a projected 100 year flood that has yet to happen, and the impact of Denver’s history of flooding on the local neighborhoods. Housed below a ghostly water tower shaped structure reminiscent of one removed nearby, a map of Denver has the flood events marked with glass marbles.
The stainless steel fabrication and design is equivalent to our proposal for Jackson Street Shade. We worked with the local fabricators on both welding the overall structure and on laser cutting of the ‘map’. The glass marbles, and their reflections, are another solution for the proposal.
https://markers.civic.space/watertower
previous work : MARKERS / FLOOD
w&h work 4
Shields Park Project: Select a finalist for the Shields Park Project and...Page 365 of 793 Whereami is a playful, wayfinding sign rising 16-feet into the air and featuring 37 arrows all pointing in different directions that were designed by local children. This piece was a collaboration with sixth through twelfth graders at the Bruce Randolph School located in the Cole neighborhood. Walczak & Heiss visited the school and challenged students to create their own arrow designs that pointed to sites meaningful to them. https://markers.civic.space/whereami
previous work : MARKERS / WHERAMI
w&h work 5
To go from the students’ 2-dimensional drawings
to the 3-dimensional metal artwork, the drawings
were scanned and traced in a CAD program. From
there, they were laser-cut from stainless-steel
and orange powder coated arrows.
Shields Park Project: Select a finalist for the Shields Park Project and...Page 366 of 793 previous work : FACEWALL
6 Page 20 of 35AGENDA ITEM #11.2
Shields Park Project: Select a finalist for the Shields Park Project and...Page 367 of 793 Facewall is a 42-foot-wide stainless steel sculpture integrated into the Second Street façade of the arts & humanities building on the Chico State campus. Made up of 1,000 faces in silhouette of students, faculty, staff & community members, the artwork is comprised of 79 vertical stainless steel planes looking out at the border of the campus and town. Each 11-foot tall plane or “totem” includes 12-14 unique profiles.
FACEWALL was commissioned by California State University, Chico in 2016. The budget was $76,000 https://civic.space/facewall
previous work : FACEWALL
w&h work 7
Facing South, the faces cast shadows over the
course of the day. We photographed profiles of 1500
faces, converted them into cutting patterns to be
laser-cut from stainless steel.
We set up workshops in the university as well as at
the local farmer’s market.
Shields Park Project: Select a finalist for the Shields Park Project and...Page 368 of 793 Fourteenth Street Overlay is a
public sculpture and part of the
14th Street Initiative in downtown
Denver. Small cast bronze
sculptures that resemble optical
instruments are embedded in the
streetscape. Mounted to bicycle
racks, wayfinding signage and on
their own posts, this collection of
objects from different eras have
been re-purposed to a new
function. Each combines a specific
view of the existing street with
narratives and projections of the
past. 23 individual objects and
stories combine to make a sort of
‘treasure hunt’ that dots 14th
street.
14th Street Overlay was
commissioned by the City and
County of Denver in 2013-5. The
budget was $190,000
https://civic.space/14th-street-overlay
previous work : 14TH STREET OVERLAY
w&h work 8
Shields Park Project: Select a finalist for the Shields Park Project and...Page 369 of 793 previous work : SHAKER
w&h work 9
A machine used for nut harvesting
becomes a sculptural form filling the
gallery. As visitors walk through the
space, the sculpture/machine is at first
unrecognizable, perversely distorted
through digital manipulation. Yet, from
one singular vantage point the piece
pulls into focus.
Gallery installation. 2016
California State University, Chico
Shields Park Project: Select a finalist for the Shields Park Project and...Page 370 of 793 Artist’s Maintenance Plan
Regular and Periodic Maintenance Plan for Shields Park Project Signature of Artist...............................................................Date........................
The sculpture is made from weathering steel plate, or cor-ten steel. It is meant to have a rusted appearance. This /f_inish will last for years and years.
If graffiti is applied, this can be brushed off with a steel brush, the area wetted down, and the /f_inish (rust) will reappear. Wetting the area several times after each coat has dried will improve the look. A spray bottle with water will be /f_ine.
Corten steel dust will be applied to the surface of the concrete base. Over the years, the sculpture will leach some rust onto this, but this will be part of the “look” . We would color the concrete also to look like terracotta. The combination of the colored concrete and steel particles will accentuate the look.
We are also open to a uniform-color mosaic surface to the concrete base. But this will need to be cleaned periodically - at least a couple of times a year for the /f_irst 5 years.
Around the concrete base we suggest a round area of gravel. This is because the sculpture will leach rust onto the ground. Every year this gravel should be turned or topped up to hide the rust. This will primarily be in the /f_irst 5 years. 10/22/2023
Shields Park Project: Select a finalist for the Shields Park Project and... Page 371 of 793 Proposal for Shields Park Sculpture- Noah’s Arc
Christopher Fennell
[email protected]
www.cfennell.com
Cover letter: The concept fit
s the community because the circus aspect of hipster art bicycles performing areal tricks in the sky- this is something you might see at the Coachella Arts Festival. The concept fits the site because of the neighboring river basin the wave below the arc of steel.
Sketch of “Noah’s Arc” a 16’ tall sculpture built from steel pipe and recycled bicycles.
Narrative:
Hipster art bikes, painted like the animals that inspired them, caught riding back and forth. Recycled bicycles will be striped down and augmented with bent 2” pipe- the tires Attachment 2
Christopher Fennel
Shields Park Project: Select a finalist for the Shields Park Project and... Page 372 of 793 will be replaced with steel pipes bent in radiuses to accommodate existing rims and allow for welding to the base pipe. Christopher did this in Aurora when he built the 30’ tall Bicycle tornado. Then the bikes will be sandblasted and painted with an epoxy base and a urethane topcoat that will of course be animal print. Bits and pieces of original bicycle hardware will be added, and everything will be sealed in a UV resistant clear topcoat.
The sculpture rests on three pipes that keep the sculpture ten feet up in the air to dissuade climbing.
Shields Park Project: Select a finalist for the Shields Park Project and... Page 373 of 793 $4,000
$1,000
$6,000
$2,800
$400
$1,200
$800
$1,400
$4,500
$570
$2,300
$1250
$48,430
$6,000
$3,200
$3,000
$1,200
$900
$2,800
$8,250
$100,000
Structural Engineering
Procuring used bicycles
Steel pipe
Bending of steel pipe
1” steel plate for base
Welding Supplies
Additional steel
Consumables in studio
Sand Blasting and Painting
Fasteners
Epoxy paint and urethane
Insurance
Labor to build sculpture
Foundation
Shipping
Labor to install sculpture
Crane rental for install
Bucket truck rental for install
Travel Expenses and lodging
Artist Fee
Total
Timeline
Engineering Drawings for Foundation 1 month
Construction of sculpture 6 months
Sandblasting and painting the parts 2 month
Packing sculpture 2 weeks
Shipping and installation of sculpture 2 weeks
Total Time 10 months
Christopher Fennell Resume
Budget
Shields Park Project: Select a finalist for the Shields Park Project and... Page 374 of 793
E D U C A T I O N
MFA. Sculpture. University of Georgia. 2002.
BA. Sculpture. University of South Florida. 1993.
BSME. Mechanical Engineering. U niversity of South Florida. 1989.
I N S T A L L A T I O N S
Barnyard Promenade, twelve 19’ tall working weathervanes, in median N Beach St, Ft. Worth, Texas 2022 Wing Sprouts, 747 wing deconstructed into 16 leaves, College Park, Georgia 2022.
Farm Playground, art for autistic children’s play area, Birmingham, AL 2022.
Wagon Sprouts, 72 little red wagons as leaves for 3 bean sprouts, El Paso, Texas 2017.
Bike Train, 32 used bicycles in a 30’ tall tornado of steel pipe, Aurora, Colorado 2017.
Light Tree, 60 street lights in the canopy of a 26’ tall tree of pipe, Huntsville, Alabama 2016 .
Window Tree, 32 recycled car windows into bus stop shelter tree, Creve Coeur, Missouri 2016.
Industrial Pipe Wave, 4000’ of salvaged fire sprinkler pipe, Scottsdale, Arizona 2015.
Auto Hawk, 35 recycled doors into a hawk for a parking deck, Albuquerque, New Mexico 2015.
Hoops Playing Hoops, Outdoor, Steel Pipe, Backboards and patrons’ basketballs, Raleigh, NC 2014.
Boat Fish, Outdoor Installation, Fish inspired Bus Stop Shelter from 4 used alum boats, Sarasota, FL 2014.
Shovel Gateway, 440 donated shovels welded into a gateway to arboretum , Davis, California 2013.
Tool Fire, Outdoor Installation, used hand tools, Monument for volunteers 2010 flood, Nashville, TN 2013.
Sail Trapeze Benches, Outdoor Installation, sal vaged truck frames and pipe, Saint Petersburg, FL 2013.
Steel Guitar, Outdoor Installation, used truck frames, where Elvis played first concert, Memphis, TN 2012.
Skate Trees, Outdoor Installation, used skate boards in to “leaf” benches and trees, Norfolk, VA 2012 Rail Ladder Fire, Outdoor Installation, used train rails and decommissioned fire ladders, Allen, TX 2011.
Osprey Sunscreen and Fish Benches, Outdoor Installations, Wall Springs Park, Palm Harbor, FL 2011.
Canoe Wave, Lewis and Clark Monument, used aluminum canoes, Lewiston, ID, 2011.
Ladder Fire, Outdoor Install ation, decommissioned fire ladders, Fire Station #48, Clearwater, FL, 2011.
Tree Tornadoes, Indoor Install ation, scrap from wood milling process, Space 301, Mobile, AL, 2010.
Bats Baseball, Outdoor Install ation, 800 used aluminum bats, Southside Park, Atlanta, GA, 2009.
Lawn Mower Leaves, Outdoor Installation, 600 used blades, University of Maine at Farmington, ME 2009.
Bell’e Art, Barn Devil, Entrance Installation, Scottsdale, AZ 2009.
Barn Tornado, Outdoor Installation, University of Tulsa, Tulsa, OK, 2009.
Rafter Trapeze, Public Art Installation, Robert’s Recreation Center, St.Pete, FL, 2008.
Boston Tea Cup, Outdoor Installation, Needham, MA, 2008.
Tree Passage, Outdoor Installation, Messiah College, Grantham, PA, 2007.
Wedding Sculpture, Outdoor Installation, St. Mary’s, Sewanee, TN, 2007.
Driftwood Wave, Outdoor Installation, The Figge Museum, Davenport, IA, 2007.
Tree Doorways, Outdoor Installation Ch attanooga State College, Chattanooga, TN, 2007.
Tree Chair, ArtInPlace, Juried Exhibition, Outdoor Installation, Charlottesville, VA, 2006.
Dock Fish, Outdoor Installation, St. Andrews , Sewanee, TN, 2006.
Maple Sail, Outdoor Installation, Private Collecti on, Woodstock, VT, 2005.
House Flower, West Arlington Ecopark, Outdoor Installation, Birmingham, Alabama, 2004.
Board Caterpillar, Doris Wainwright Kennedy Art Center, Outdoor Installation, Birmingham, AL, 2004.
Fire Ball, Performance/Outdoor Installation, Red Mesa, Colorado, 2004.
Sky Boat. Outdoor Installation, Lowery Gallery, Danielsville, GA. 2002.
MFA Show. Tree Roof. Indoor Installation, Georgia Museum, Athens, GA. 2002.
Tree House. Outdoor Installation, Lamar Dodd School of Art, University of Georgia , Athens, GA. 2001.
Barn Wave. Outdoor Installation, Lamar Dodd School of Art, University of Georgia, Athens, GA. 2000.
S C U L P T U R E M O V I E A P E A R A N C E S
Canoe Wave in “The River Thief”, 40:14 minutes into film, N.D. Wilson 2016.
Canoe Wave in “DamNation”, Travis Rummel and Ben Knight 2014.
A W A R D S A N D H O N O R A R I U M S
2022 Best Of Phoenix CACTUS KINGDOM , Industrial Pipewave, Scottsdale, AZ 2022.
Board Caterpillar, Second Place in Out of the Box, Juried, Auburn, AL, 2019.
Skate Leaves, Sculpture Garden, Montgomery Museum of Fine Arts , Mongomery, AL 2018.
Artists’ Fire, Center Installation for Magic City Arts Festival, Birmingham, AL, 2009.
Honorable Mention, National Outdoor Sculpture Competit ion and Exhibition, North Charleston, SC 2008.
Brock Commons Outdoor Sculpture, Juried, Longwood University, Farmville, VA 2008.
Sculpture on Sample, Juried, Outdoor Installation, Coral Springs, FL 2007.
Shields Park Project: Select a finalist for the Shields Park Project and... Page 375 of 793 You, Me and the Bus, Juried, Bus Stop Bus Shelter, A the ns, GA 2007.
The Sculpture Park at City Hall, Juried, Outdoor Installations, Redding, CA 2007.
Best of Show, Uptown Sculpture Walk, Outdoor Installation, Columbus, G A 2007. 20th Annual Outdoor Sculptur e Exhibition, Juried, Tree Arch, Outdoor Installation, Lawrence, KS, 2007.
Grand Esplanade Award, Sculpture Key West 2007, Fort Zachary, Key West, Fl, 2007.
Peo
ple’s Choice Award, 2nd Annual Public Art Exhibition, Foundation Art Center, St. Charles, MO, 2006.
Sec
ond Bi-Annual Sculpture Exhibition, Juried, O utdoor Installation, Chattanooga, TN, 2006.
Second Place, Florida Outdoor Sculpture Competition, Juried Exhibition, Winter Haven, FL, 2006.
Green Wave Exhibition, Cedar Moth, Outdoor Installation, Austin, TX, 2005.
Students Wave, Workshop/Outdoor Installat ion, Walking Church, Young Harris, GA, 2005.
Best of Show, ArtInPlace, Juried Exhibition, Outdoor Installation, Charlottesville, VA, 2005.
The Lot
, Juried Exhibition, Tree Dome, Outdoor Installation, New Haven, CT, 2005.
Turc
hin Art Center Outdoor Sculptur e, Juried Exhibition, Board Caterpillar, Boone, NC, 2005.
Best of Show, The Sculpture Salmagundi 9, Indoor and outdoor Juried Exhibition, Rocky Mount, NC 2005.
Out
ward Westward Exhibition, Tree Wave, Outdoor Installation, Riverton, WY, 2005.
Joan Mitchell Foundati on E xhibition, Roof Well, Installati on Cue Art Foundation, New York, NY, 2004.
Albuquerque Contemporary Juried Exhibition, Board Caterpillar, Installation, Albuquerque, NM 2003.
Sculpture Salmagundi VII, Juried Exhibition, Bow Wave, Outdoor install ation, Rocky Mount, NC, 2003.
Earthworks, Walking Trees, Installation in Baboon Area, North Carolina Zoological Park, Asheboro, NC. 2002.
St
art Up Grant, The Joan Mitchell Foundation, Inc. New York, NY. 2002.
Out
standing Student Achievement In Contemporary Sculpture, International Sculpture Center, 2002.
Research Grant. Bicycle Tornado. Outdoor Installation Ramsey Center, University of Georgia, Athens, GA. 2001.
P
U B L I C A T I O N S
Portico, “Rust Never Sleeps”, Cathy C. Adams, pgs 40-45, Summer 2018.
Southwest The Magazine, “Your adventure in Scottsdale”, Ben Marshall, pgs 59-66, Pace, January 2016.
AAA, New Mexico Journey, “Art for All”, Ashley M. Biggers, pgs 18-21, Tamara Hill, May/June 2015.
UC Davis Magazine, “The Big Picture”, Gregory Urquiaga, pgs 22-23, Volume 31, Number 2, Spring 2014.
Landscape Installation Art, Book, Bus Stop and Skate Benches, pgs 206 -209, Ifengspace, 2012.
AIT, German Architecture Magazine, “Detail- Bus stop shelter from C hristopher Fennell”, pg 145, May, 2011.
Iddeco, Tunesian Art Magazine, “Design avec objects recycles.”pg 25, April 2011.
Make Magazine, “Shelter from the Bus”, Bruce Stewart, Vol 23, 2010 Blue Ridge Outdoors, “Green Heroes”, Jedd Ferris, July, 2007.
New York Times, “In, Under and Around”, Ben Genocchio, Section 14, January 22, 2006.
Austin American Statesman, “Turning Two Pest Into Art”, Clair Osborn, b1 June 20, 2005.
Sculpture Magazine, vol 21 no 8 Oct 2002.
Shields Park Project: Select a finalist for the Shields Park Project and... Page 376 of 793 As an applicant for the opportunity to complete this outdoor art project for the City of Indio, I certify that I am at least eighteen years of age. I also cert ify that all works submitted represented as my work are the product of my creation and no other. I further certify that all statements made in this application are true to the best of my knowledge.
I understand that the City of Indio or the Public Arts Co mmission may make duplicates of my images and application materials solely for the purpose of consideration of my application. I understand that any liability for loss or damage to my application or images is not the responsibility of the City of Indio, th e Public Arts Commission, or the panel installed to review applications.
Applicant Signature..... .........Date...10/23/2023 .
Portfolio
Christopher Fennell
Wagon Sprouts / 72 little red wagons / 24’x12’x12’ / 2017 / $150,000 / El Paso, Texas
Shields Park Project: Select a finalist for the Shields Park Project and... Page 377 of 793 The two nearby elementary s chools inspired the Jack and the Beanstalk idea and the use of the children's wagons. Standing within these three sprouting beans, the viewer can look up at the sprout leaves made from little red wagons. The sculpture is on the hill across from the playgro und area, clearly visible from the road.
Canoe Wave / used aluminum canoes / 68' x 14' x 26' / 2011 / $100k / Lewiston, Idaho
A monument for Lewis and Clark, on the bank of the Snake River, 60 used aluminum canoes welded together in the shape of a wave. Each canoe is unique and shows scars of their past life upon the river. Commissioned by the Idaho Department of Transportation.
Shields Park Project: Select a finalist for the Shields Park Project and... Page 378 of 793 Barnyard Promenade / recycled local materials / 19’ x 12’ x 2’ x 3mi / 2022 / $820k /Ft. Worth, Texas
Twelve 19'-tall kinetic weather vane sculptures installed along three miles of the North Beach Corridor, the weather vanes are in the shapes of animals native to the area and made from locally sourced recycled materials.
Shields Park Project: Select a finalist for the Shields Park Project and... Page 379 of 793 Wing Sprouts / 747 wing, steel pipe / 16' x 20’ x 22' / 2022 / $200k / Atlanta, Georgia
Entry landmark for an industrial park owned by the Atlanta Airport: three sprouts with leaves made from a 747 wing and a 727 tail. The sprouts are inspired by the children of a nearby community center.
Shields Park Project: Select a finalist for the Shields Park Project and... Page 380 of 793 Rail Ladder Fire / decommissioned ladders, train rail / 8' x 8' x 23' / 2012 / $60k / Allen, Texas
Decommissioned fire ladders bent and welded into a fire ball on a base made from 5 train rails. Lit at night with LED lights in base of fireball. Commissioned by the City of Allen for Fire Station #5.
More Installations can be seen at cfennell.com
Shields Park Project: Select a finalist for the Shields Park Project and... Page 381 of 793 City of Indio Art in Public Places Program Standard
Project Artist Selection Criteria (Sculptures)
Updated on October 21, 2022
1. Artis
tic merit of body of work, strong conceptual skills with innovative and effective approaches demonstrated in proposal (10 points).
2. Abili
ty to design artwork that is sensitive to social, environmental, historical, and/or other relevant contexts (10 points).
3. Abili
ty to translate artistic concepts into materials that are appropriate for public space, taking into consideration maintenance, safety, and longevity (10 points).
4. Site c
onsiderations: how thoughtfully does the artist consider and exploit the architecture, light, approaches to, and human usage of the site (10 points).
5. Potent
ial for work to enrich and diversify the City of Indio Art in Public Places Collection.
6. Stro
ng artistic vision (10 points).
7. Proposed
materials and construction for questions of durability, maintenance, public access, appropriateness, safety, and security (10 points).
8. Esti
mated budget (10 points).
9. Methodol
ogy (10 points).
10. Indio res
ident artist (10 points).
*Note:
Please refer to the Request For Proposal (RFP) for project description, specific selection criteria, and eligibility requirements.
Attachment 3 - Rating Sheet
City of Indio Art in Public Places Program Standard
Project Artist Selection Criteria (Sculpture)
City of Indio Art in Public Places is dedicated to select artists who create artworks of redeeming quality that advance the understanding of vis ual art and enhance public space. A rtist proposals shall be reviewed based on the following criteria:
Shields Park Project: Select a finalist for the Shields Park Project and... Page 382 of 793 City of Indio
City Council
February 7, 2024
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Resolution No. 10428 approving the deferral of certain City Development Impact Fees (DIFs) in the amount of $1,672,164.64 to be structured as a Residual Cash Receipts Loan between the City of Indio and Pacific West Communities, electrical required of provision support to Inc. the infrastructure for the Arroyo Crossing Affordable Housing Project, Phases I and II located southwest of the intersection of Jefferson Street and Highway 111 f authorizing the City Manager and City Attorney to prepare and execute the necessary Loan Agreement documents
RECOMMENDATION:
Approve Resolution No. 10428
SUMMARY:
Deferral of certain City Development Impact Fees (DIFs) in the amount of $1,672,164.64 to be structured City West Pacific and of the Indio Loan Receipts Cash Residual a as between Communities, Inc. to support the provision of required electrical infrastructure for the Arroyo Crossing Affordable Housing Project, Phases I and II
BACKGROUND INFORMATION:
Pacific West Communities, Inc. is developing Arroyo Crossing, a 400-unit affordable multifamily housing development (the “Project”) being developed in two phases on Assessor’s Parcel Numbers 600-020-058 and 600-020-059 generally located west of Jefferson Street and southwest of the Jefferson Street and Highway 111 intersection in the City of Indio, County of Riverside.
conditionally 1925 No. approved Commission Resolution the 2020, 25, March On Planning approved Design Review 19-07-463 to approve the architecture, site plan, parking circulation and landscaping for the construction of the affordable housing development known as Arroyo Crossing Phase No. Resolution approved Commission Planning 25, 2020, March On I. 1926, the recommending to the City Council the conditional approval of Tentative Tract Map No. 37797 (TPM 19-07-401). On May 20, 2020, the City Council approved Resolution No. 10141 granting conditional approval to Tentative Tract Map No. 37797 (TPM 19-07-401). On July 28, 2021, the Planning Commission approved Resolution No. 2000, conditionally approved Design Review 21-03-485 to approve the architecture, site plan, parking circulation, and landscaping for the construction of the affordable housing development known as Arroyo Crossing Phase II.
AGENDA ITEM #11.3
Resolution No. 10428 approving the deferral of certain City Development ... Page 383 of 793 Pacific West Communities has completed substantial construction activities for both phases of the Project. Pacific West Communities was recently notified by Imperial Irrigation District (IID) and a project contractor that the construction cost for the extension of the electrical service line to serve the project is estimated to be $2,536,904. Pacific West Communities in developing the project pro forma and project financing developed and relied on a substantially lower cost for the provision of the aforementioned electrical service line. Pacific West Communities obtained specific financing for the and attendant with Authority Finance stipulations California the from Project Municipal requirements.
Pacific West Communities has advised the City that due to unexpected increases in project costs, it is unable to accommodate the estimated cost for the extension with available project financing and/or other financing for the aforementioned electrical service line and that without outside assistance it will be unable to complete the project. Pacific West Communities has requested funding assistance from Riverside County in the amount of $500,000 for the extension of the electrical service line to serve the project. Pacific West Communities has identified the need for funding assistance from the City of Indio through the deferral of a portion of City only Development Impact Fees (DIFs) to be structured as a Residual Cash Receipts Loan that will immediately create needed cash flow for the extension of the electrical service line to serve the project.
The development of 400 affordable housing units will provide needed housing opportunities to Extremely Low to Lower-income households in the City of Indio. Further, the affordable housing units provided by Arroyo Crossing Phases I and II will satisfy a portion of the City’s Regional Housing Needs Assessment (RHNA) requirements as specified in the City of Indio Certified Sixth Cycle Housing Element to provide affordable housing for households of Extremely Low to Lower- Incomes as defined by California Government Code Sections 65915(b)(l)(G); (c)(I)(B)(ii).
The action of the deferral of certain City only Development Impact Fees through the issuance of a Residual Cash Receipts Loan to Pacific West Communities is consistent with the common sense exemption provisions of Section 15061 (b) (3) of the California Environmental Quality Act (CEQA) Guidelines as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
ATTACHMENTS:
Attachment 1_ResolutionNo10428+Exhibits
Attachment2_VicinityMap
Attachment3_Loan Request LetterArroyoCrossingI & II
Attachment4_Arroyo Crossing Phase I Affordable Housing Regulatory Agreement Attachment5_Arroyo Crossing Phase II Affordable Housing Regulatory Agreement
APPROVAL(S):
Kevin H. Snyder, Dir. Of Community Development Approved - 01 Feb 2024 Jillian Martins, Assistant City Attorney Approved - 01 Feb 2024 Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 01 Feb 2024 Bryan H. Montgomery, City Manager Approved - 01 Feb 2024
Resolution No. 10428 approving the deferral of certain City Development ... Page 384 of 793
RESOLUTION NO. 10428
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA,
APPROVING THE DEFERRAL OF CERTAIN CITY ONLY DEVELOPMENT IMPACT FEES (DIFS) IN THE AMOUNT OF $1,672,164.64 TO BE STRUCTERED AS A RESIDUAL CASH RECEIPTS LOAN WITH PACIFIC WEST COMMUNITIES, INC.
TO SUPPORT THE PROVISION OF REQUIRED ELECTRIAL INFRASTRUCTURE
FOR THE ARROYO CROSSING AFFORDABLE HOUSING PROJECT, PHASES
I AND II LOCATED SOUTHWEST OF THE JEFFERSON STREET AND HIGHWAY 111 INTERSECTION AND AUTHORIZING THE CITY MANAGER AND CITY
ATTORNEY TO TAKE ALL RELATED ACTIONS NECESSARY TO NEGOTIATE,
PREPARE AND EXECUTE THE NECESSARY LOAN AGREEMENT AND ANY
OTHER DOCUMENTS NECESSARY TO EFFECTUATE THE DEFERRAL AS A
RESIDUAL CASH RECEIPTS LOAN AND DETERMINING THAT THIS ACTION IS
NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO THE COMMON SENSE EXEMPTION PROVISIONS OF SECTION 15061 (b) (3) OF TH E CALIFORNIA ENVIRONMENTAL Q UALITY ACT (CE QA)
GUIDELINES
WHEREAS, Pacific West Communities, Inc. (“Developer”) is developing Arroyo Crossing, a 400 -unit affordable multifamily housing development (the “Project”) being developed in two phases on Assessor’s Parcel Numbers 600-020- 058 and 600-020-059 generally located west of Jefferson Street and southwest of the Jefferson Street and Highway 111 intersection in the City of Indio, County of Riverside; and,
WHEREAS, on March 25, 2020, the Planning Commission of the City of Indio, by Resolution No. 1925, conditionally approved Design Review 19-07-463 to approve the architecture, site plan, parking circulation and landscaping for the construction of the affordable housing development known as Arroyo Crossing Phase I; and,
WHEREAS, on March 25, 2020, the Planning Commission of the City of Indio, by Resolution No. 1926, recommended to the City Council for the City of Indio, the conditional approval of Tentative Tract Map No. 37797 (TPM 19-07-401); and,
WHEREAS, on May 20, 2020, the City Coun cil of the City of Indio, by Resolution No. 10141 granted conditional approval to Tentative Tract Map No. 37797 (TPM 19-07-401); and,
WHEREAS, on July 28, 2021, the Planning Commission of the City of Indio, by Resolution No. 2000, conditionally approved Design Review 21-03-485 to approve the architecture, site plan, parking circulation, and landscaping for the construction of the affordable housing development known as Arroyo Crossing Phase II; and,
Resolution No. 10428 approving the deferral of certain City Development ... Page 385 of 793
WHEREAS, the Developer has completed substantial construction activities for both phases of the Project; and,
WHEREAS, the Developer has recently been notified by Imperial Irrigation District (IID) and a project contractor that the construction cost for the extension of the electrical service line to serve the project is estimated to be $2,536,904; and,
WHEREAS, the Developer in developing the project pro forma and project financing developed and relied on a substantially lower cost for the provision of the aforementioned electrical service line; and,
WHEREAS, the Developer obtained specific financing for the Pro ject from the California Municipal Finance Authority with attendant stipulations an d requirements; and,
WHEREAS, the Developer has advised that due to unexpected increases in project costs, it is unable to accommodate the estimated cost for the extension with available project financing and/or other financing for the aforementioned electrical service line and that without outside assistance it will be unable to complete the Project; and,
WHEREAS, the Developer has requested funding assistance from Riverside County in the amount of $500,000 for the extension of the electrical service line to serve the project; and,
WHEREAS, the Developer has identified the need for funding assistance from the City of Indio through the defer ral of a portion of City only Development Impact Fees (DIFs) to be structured as a Residual Cash Receipts Loan that will immediately create needed cash flow for the extension of the electrical service line to serve the project; and,
WHEREAS, the development of 400 affordable housing units will provide needed housing opportunities to Extremely Low to Lower-income households in the City of Indio; and,
WHEREAS, the affordable housing units provided by Arroyo Crossing Phases I and II will satisfy a portion of the City’s Regional Housing Needs Assessment (RHNA) requirements as specified in the City of Indio Certified Sixth Cycle Housing Element to provide affordable housing for households of Extremely Low to Lower-Incomes as defined by California Government Code Sections 65915(b)(l)(G); (c)(I)(B)(ii); and,
WHEREAS, the action of the deferral of certain City only Development
Resolution No. 10428 approving the deferral of certain City Development ... Page 386 of 793
Impact Fees through the issuance of a Residual Cash Receipts Loan to Pacific West Communities is consistent with the common sense exemption provisions of Section 15061 (b) (3) of the California Environmental Quality Act (CEQA) Guidelines as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; and,
WHEREAS, the City finds the deferral of City only Development Impact Fees will substantially address the cost for the extension of the electrical service line to the Project to support its build out as a n affordable housing development that will serve a public purpose and offer 400 units of affordable housing in the City that will provide a public benefit.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The City Council hereby approves the deferral of Development Impact Fees as specified in Exhibit “A” in a not to exceed amount of $1,672,164.64 for the Arroyo Crossing Affordable Housing Project, Phases I and II to be structured as a Residual Cash Receipts Loan to be issued to the Developer for purposes of supporting the provision of required electrical infrastructure and directs the City Manager and Finance Director to take all necessary steps to account for this Loan in the financial records of the City.
Section 2. The City Manager and City Attorney are authorized to prepare all documents and the City Manager is authorized to execute said documents for the aforementioned Loan.
Section 3. Pacific West Communities, Inc. shall, as a condition of approval for the receipt of the City Council’s approval of the deferral of Development Impact Fees, abide by the rental and leasing practices specified in Exhibit “B” pertaining to leasing-priority to current Indio residents provided that said practices shall at all times be consistent with fair housing and other similar applicable laws of the state and federal governments.
Section 4. Pacific West Communities, Inc. shall, as a condition of approval for the receipt of the City Council’s approval of the deferral of Development Impact Fees, conduct landscape enhancements in substantial conformance with the conceptual landscape drawings attached hereto, shall submit a final landscape plan to the Community Development Director for review and approval and shall install all approved landscaping p rior to the issuance of any temporary or final certificate of occupancy for any building in Phase II of the Arroyo Crossing Affordable Housing Project.
Section 5. The City Clerk Administrator shall certify to the adoption of this
Resolution No. 10428 approving the deferral of certain City Development ... Page 387 of 793
Resolution.
PASSED, APPROVED AND ADOPTED this 7th day of February 2024.
LUPE RAMOS AMITH, MAYOR
ATTEST:
SABDI SANCHEZ, CMC
CITY CLERK ADMINISTRATOR
Resolution No. 10428 approving the deferral of certain City Development ... Page 388 of 793 Exhibit "A"Page 7 of 55 AGENDA ITEM #11.3
Resolution No. 10428 approving the deferral of certain City Development ... Page 389 of 793
Resolution No. 10428 approving the deferral of certain City Development ... Page 390 of 793
Resolution No. 10428 approving the deferral of certain City Development ... Page 391 of 793
Resolution No. 10428 approving the deferral of certain City Development ... Page 392 of 793
Resolution No. 10428 approving the deferral of certain City Development ... Page 393 of 793
Resolution No. 10428 approving the deferral of certain City Development ... Page 394 of 793
Resolution No. 10428 approving the deferral of certain City Development ... Page 395 of 793
Resolution No. 10428 approving the deferral of certain City Development ... Page 396 of 793
Resolution No. 10428 approving the deferral of certain City Development ... Page 397 of 793 Exhibit “B”
As a condition of the City Development Impact Feed (DIF) Deferral Loan, and as will be included in the related Loan Agreement, the Developer agrees that it will prioritize its rental recruitment and unit lease actions for households with at least one individual who currently resides or works in the City of Indio. This prioritization shall be accomplished by the Developer, for the first 30 days of leasing activity, only accepting and processing applications submitted by households with at least one member who currently lives or works in the City of Indio. The submitted advertising and leasing schedule shall demonstrate that the initial print, mail or social media advertising regarding availability of rental units shall be conducted first in a manner that informs current residents in Indio, and secondarily to residents in the Coachella Valley. Following the first 30 days of leasing activity, for an additional 30 days, management will only accept applications from households with at least one member who currently lives or works in the City of Indio or within the greater Coachella Valley. Upon request, at the end of the initial 60 days of leasing activity, the Developer shall provide the City's Community Development Department with the number of residents from the City of Indio and the Coachella Valley that applied to and/or were approved for occupancy. The Developer and the City will work cooperatively and modify the priority program if needed prior to or during the advertising and leasing periods to ensure that the implementation of is priority-based advertising and leasing program is compliant with fair housing and other applicable laws.
Resolution No. 10428 approving the deferral of certain City Development ... Page 398 of 793
PROJECT ENTRY
RIGHT-IN/
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BIKE STOR.
UTILITY
JAN. STOR.
C1
C1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1
B1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1 B1
LAUNDRY
3 WASHERS
3 DRYERS
BIKE STOR.
UTILITY
JAN. STOR.
C1
C1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1
B1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1 B1
LAUNDRY
3 WASHERS
3 DRYERS
BIKE STOR.
UTILITY
JAN. STOR.
NO
PARKING
NO
PARKING
NO
PARKING
NO
PARKING
NO
PARKING
NO
PARKING
NO
PARKING
DOG
PARK
BLDG. 1 - 3 STORY - 24 UNITS BLDG. 2 - 3 STORY - 24 UNITS BLDG. 3 - 3 STORY - 24 UNITS BLDG. 4 - 3 STORY - 24 UNITS BLDG. 5 - 3 STORY - 24 UNITS BLDG. 6 - 3 STORY - 24 UNITSBLDG. 7 - 3 STORY - 24 UNITSBLDG. 8 - 3 STORY - 24 UNITSBLDG. 9 - 3 STORY - 24 UNITS
PEDESTRIAN
CONNECTION
TO PHASE 1
VEHICULAR
CONNECTION TOLEFT TURN ONJEFFERSON ST.
J E F F E R SO N S T R E E T
TO PHASE 1
A N N A R O S A S T R E E T
L A Q U I N T A E V A C U A T I O N C H A N N E L BIKE
PARKING
(5)
PLAYGROUND
2000 SQ. FT.
M
W
KITCHEN
CLUB
1423 SQ. FT.
OFFICE
2 OFFICE
1 MAIL
ROOM
LEASING
LOBBY
FITNESS
805 SQ. FT.
MECH. EQUIP.
COMPUTERS
OUTDOOR LOUNGE OUTDOOR
FITNESS SPACE
GRILL
FILES
BREAK
RM.
PHASE 1
POOL CABANA
\\FILES\321DFS\RESIDENTIAL\2021\2021-068 TPC ARROYO CROSSING II INDIO\03 DESIGN\02 SCHEMATIC\AUTOCAD\00-000_A4.0 - RENDERINGS FOR FENCE.DWG Thursday, January 25, 2024 9:53:38 AM
A4.0 3D RENDERINGS - TREE FENCE
1 2
THE PACIFIC COMPANIES
430 EAST STATE ST., SUITE 100, EAGLE, ID 83616
(208) 461-0022
144 NORTH ORANGE ST., ORANGE, CA 92866
(714) 639-9860
AO ARCHITECTS
ARROYO CROSSING IIINDIO, CA
DATE: 01-24-24
JOB NO.: 2021-068
VIEW 2 VIEW 1
VIEW 3
3 Exhibit "C"
Resolution No. 10428 approving the deferral of certain City Development ...Page 399 of 793
PROJECT ENTRY
RIGHT-IN/
RIGHT-OUT
ONLY
C1
C1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1
B1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1 B1
LAUNDRY
3 WASHERS
3 DRYERS
BIKE STOR.
UTILITY
JAN. STOR.
C1
C1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1
B1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1 B1
LAUNDRY
3 WASHERS
3 DRYERS
BIKE STOR.
UTILITY
JAN. STOR.
C1
C1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1
B1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1 B1
LAUNDRY
3 WASHERS
3 DRYERS
BIKE STOR.
UTILITY
JAN. STOR.
C1
C1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1
B1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1 B1
LAUNDRY
3 WASHERS
3 DRYERS
BIKE STOR.
UTILITY
JAN. STOR.
C1
C1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1
B1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1 B1
LAUNDRY
3 WASHERS
3 DRYERS
BIKE STOR.
UTILITY
JAN. STOR.
C1
C1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1
B1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1 B1
LAUNDRY
3 WASHERS
3 DRYERS
BIKE STOR.
UTILITY
JAN. STOR.
POOL
TRASH
#2
TRASH
#3
TRASH
#4
TRASH
#5
TRASH
#1
TRANS.
TRANS.
TRANS.
C1
C1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1
B1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1 B1
LAUNDRY
3 WASHERS
3 DRYERS
BIKE STOR.
UTILITY
JAN. STOR.
C1
C1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1
B1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1 B1
LAUNDRY
3 WASHERS
3 DRYERS
BIKE STOR.
UTILITY
JAN. STOR.
C1
C1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1
B1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable Bedroom Module Standard.dwg LIVING
10'-8" X 9'-4"
Xref \\ao-321fs\Residential2\2017\2017-550 Research and Development\Modular\01_Affordable\_Unit Components\Affordable DW Kitchen.dwg A1 B1
LAUNDRY
3 WASHERS
3 DRYERS
BIKE STOR.
UTILITY
JAN. STOR.
NO
PARKING
NO
PARKING
NO
PARKING
NO
PARKING
NO
PARKING
NO
PARKING
NO
PARKING
DOG
PARK
BLDG. 1 - 3 STORY - 24 UNITS BLDG. 2 - 3 STORY - 24 UNITS BLDG. 3 - 3 STORY - 24 UNITS BLDG. 4 - 3 STORY - 24 UNITS BLDG. 5 - 3 STORY - 24 UNITS BLDG. 6 - 3 STORY - 24 UNITSBLDG. 7 - 3 STORY - 24 UNITSBLDG. 8 - 3 STORY - 24 UNITSBLDG. 9 - 3 STORY - 24 UNITS
PEDESTRIAN
CONNECTION
TO PHASE 1
VEHICULAR
CONNECTION TOLEFT TURN ONJEFFERSON ST.
J E F F E R SO N S T R E E T
TO PHASE 1
A N N A R O S A S T R E E T
L A Q U I N T A E V A C U A T I O N C H A N N E L BIKE
PARKING
(5)
PLAYGROUND
2000 SQ. FT.
M
W
KITCHEN
CLUB
1423 SQ. FT.
OFFICE
2 OFFICE
1 MAIL
ROOM
LEASING
LOBBY
FITNESS
805 SQ. FT.
MECH. EQUIP.
COMPUTERS
OUTDOOR LOUNGE OUTDOOR
FITNESS SPACE
GRILL
FILES
BREAK
RM.
PHASE 1
POOL CABANA
\\FILES\321DFS\RESIDENTIAL\2021\2021-068 TPC ARROYO CROSSING II INDIO\03 DESIGN\02 SCHEMATIC\AUTOCAD\00-000_A4.0 - RENDERINGS FOR FENCE.DWG Thursday, January 25, 2024 9:54:39 AM
A4.1 3D RENDERINGS - TREE FENCE
4 5
THE PACIFIC COMPANIES
430 EAST STATE ST., SUITE 100, EAGLE, ID 83616
(208) 461-0022
144 NORTH ORANGE ST., ORANGE, CA 92866
(714) 639-9860
AO ARCHITECTS
ARROYO CROSSING IIINDIO, CA
DATE: 01-24-24
JOB NO.: 2021-068
VIEW 5 VIEW 4