Agenda packet — Livingston City Council, April 16, 2024 (part 1 of 2)

CITY COUNCIL SPECIAL AND REGULAR MEETING
AGENDA
April 16, 2024
SPECIAL MEETING: 6:00 P.M. – 7:00 P.M
REGULAR MEETING: 7:00 P.M.

WE ENCOURAGE ALL MEMBERS OF THE PUBLIC TO PARTICIPATE IN THE MEETING VIA TELECONFERENCE BY CALLING (520) 525-8911. ANY MEMBER OF THE PUBLIC

PARTICIPATING VIA TELECONFERENCE WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT.

ADDITIONALLY, THE REGULAR MEETING WILL BE STREAMED ON YOUTUBE LIVE https://www.youtube.com/channel/UCB_ZmQZIHELh-ECEPZ2VwZg Notice is hereby given that the City Council will hold a Special and Regular Meeting on April 16, 2024, at the City Council Chambers, 663 Main Street, Livingston, California. Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Persons requesting accommodation should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection by email if requested. Public comments can be submitted via emailed at [email protected]. Comments must be received by 2:00 p.m. on the day of the City Council meeting in order for them to be distributed to the Council prior to consideration of the matter. You will need to provide: Meeting date, item number, name, email and comment (please limit to 300 words or 3 minutes). Please include: PUBLIC COMMENT in the subject for the email.

Written comments will not be read aloud at the meeting, but will be reported as received for the record.

If you do not receive an acknowledgement of receipt by 4:00 p.m., please call the City Clerk’s Office at (209) 394-8041, Ext. 121 (Note: This technology is not a guaranteed method).

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SPECIAL MEETING

1. Call to Order

2. Roll Call

3. Pledge of Allegiance.

4. Moment of Silence – First Responders and Military Members.

5. Citizen Comments

CLOSED SESSION
A “Closed” or “Executive” Session of the City Council or the Successor Agency to the Redevelopment Agency of the City of Livingston may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators, conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Council Chambers located at 663 Main Street, Livingston, California. Any public comment on Closed Session items will be taken before the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 633 Main Street, Livingston, California.

6. Threat to public services or facilities, pursuant to Government Code section 54957.

Consultation with: City Attorney

REGULAR MEETING
CALL TO ORDER Next Resolution No.: 2024-16
Next Ordinance No.: 653
Pledge of Allegiance.

Moment of Silence – First Responders and Military Members.

Roll Call.

Closed Session Announcement.

Changes to the Agenda.

CITIZEN COMMENTS
This section of the agenda allows members of the public to address the City Council on any item NOT on the agenda.

Members of the public, when recognized by the Mayor, should come forward to the lectern, and identify themselves.

Comments are normally limited to three (3) minutes. In accordance with State Open Meeting Laws, no action will be taken by the City Council this evening.

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AWARD, PRESENTATIONS, PROCLAMATIONS

1. Presentation by Council Member Soto: Recognition of Livingston High School Varsity Girls Wrestling Team.

2. Presentation of Council Member Soto: Recognition of Livingston Boys Wrestling Team.

3. Presentation by Council Member Soto: Recognition of Livingston Youth Football (LYF) Varsity Team.

4. Presentation by Mayor Moran: Sister Cities: Bridging Cultures Across Borders.

ANNOUNCEMENTS AND REPORTS
Supervisor Rodrigo Espinoza Announcements and Reports.

City Staff Announcements and Reports.
• Robert Wynne, Fire Apparatus Engineer – Fire Department Update.

City Manager Announcements and Reports.

City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.

Jatinder Mann
• City Council Alternate Liaison - Parks, Recreation and Arts Commission – Jatinder Mann • Merced Integrated Regional Water Management Plan (MIRWMA) – Jatinder Mann, Representative and Jason Roth, Alternate Representative. • Central Valley Division League of California Cities – Maria Soto, Representative and Jatinder Mann, Alternate.

Jason Roth
• City Council Liaison - Livingston Planning Commission – Jason Roth • Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Jason Roth, Representative and Gurpal Samra, Alternative.
• Merced Integrated Regional Water Management Plan (MIRWMA) – Jatinder Mann, Representative and Jason Roth, Alternate Representative.

Maria Soto
• Merced County Local Agency Formation Commission (LAFCO) – Maria Soto, Representative. • Central Valley Division League of California Cities – Maria Soto, Representative and Jason Roth, Alternate.

Gurpal Samra
• Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.

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Jose Moran
• Merced County Association of Governments (MCAG) Governing Board – Jose Moran, Representative and Gurpal Samra, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran. • Utility Stakeholders Committee – Jose Moran and Gurpal Samra.

CONSENT AGENDA
Items on the Consent Calendar are considered routine or non-controversial and will be enacted by one vote, unless separate action is requested by a member of the public, the City Manager or City Council Member. There will be no separate discussion of these items unless members of the public, City Council or City Manager request that specific items be removed. Public comment on consent agenda items shall be limited to three (3) minutes per-person regardless of the number of items contained within the consent agenda.

5. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated April 11, 2024.

6. Consideration of a Resolution Authorizing the Interim City Manager to Enter into a Contract with Turbodata Systems for Citation Processing Services. Staff Recommendation: Approve Resolution.

7. Consideration of a Resolution Approving the City of Livingston’s Purchase of a New Code Enforcement/Animal Control Vehicle. Staff Recommendation: Approve Resolution.

8. Consideration of a Resolution Authorizing Approval of Purchase of Six (6) Solar Light Poles from Fonroche Lighting America, in the Amount of $31,107 and Authorizing the Interim City Manager to Execute All Required Documents. Staff Recommendation: Approve Resolution.

9. Consideration of a Resolution Authorizing and Approving the Interim City Manager to Execute a Services Agreement with NeoGov for the Purchase of Applicant Tracking System Recruit Module.

Staff Recommendation: Approve Resolution.

10. Consideration of an Ordinance of the City Council of the City of Livingston Repealing Chapter 3, Underground Utility Districts, of Title 9 and Replacing it with Chapter 3, Underground, Utilities, of Title 9 of the City of Livingston Municipal Code. Staff Recommendation: Waive the Second Reading of the Ordinance by Title Only, Open the Public Hearing, Close the Public Hearing and Adopt the Ordinance as Presented.

DISCUSSION AND POTENTIAL ACTION ITEMS

11. Consideration of a Resolution Appointing Alan Cadiente, Darmeen Randhawa, Cristy Pineda, and Anabel Perez to the Parks Recreation and Arts Commission. Staff Recommendation: Approve Resolution.

12. Mayor Moran will administer the Oath of Office to the New Recreation Commissioners.

13. Discussion and Direction on City of Livingston Fire Services.

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14. Consideration of a Resolution Establishing an Administrative Fee for Solid Waste, Recycling and Organics Collection Services Processing Maintenance and Enforcement. Staff Recommendation:

Approve Resolution.

15. Consideration of a Resolution Establishing a Fifteen (15%) Percent Franchise Fee for Exclusive Access to City Solid Waste, Recycling and Organics Collection Services and Exclusive Access to City Streets and Right-of-Way. Staff Recommendation: Approve Resolution.

16. Consideration of a Resolution Authorizing Interim City Manager to Execute Agreement with HR Green, Inc. to Perform Engineering Services to Include Water Modelling, Development of a Water Comprehensive Capital Improvement Program (CIP), and Other Water Related Engineering Services as Needed. Staff Recommendation: Approve Resolution.

17. Discussion and Direction Regarding Community Facilities District (CFD) 2005-1 and the Respective Expenditure Against This Fund.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS

ADJOURNMENT

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CITY OF LIVINGSTON
Merced County Fire Department Station 96
Staff Report
..

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EITiergency Activity Report
01/01/2024-03/27 /2024

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City Equipment Updates
• All City Fire Engines are up to date with there 90-day safety inspections. • Engine 96-E1 is in shop for repair and upgrades. (Pump testing, New LED code 3 light bar). • New hand tools coming for all 3 fire engines.
• New 1 ¾ Fire Hose ordered for Engine 96-E1 and Truck 96. • New LED scene lighting for Engine 96-E1.

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Fire Prevention and Education
• Appliance and Electrical Fire Safety
• Garage Fire Safety
• Battery Fire Safety
• Candle Fire Safety
• Cooking Fire Safety
• Fire Safety for Children
• Fire Safety for People with Disabilities
• Fire Safety for Older Adults
• Hoarding and Fire Safety

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Appliance, Electrical and Garage Fire Safety
• Always plug major appliances - refrigerators, stoves, washers and dryers - directly into a wall outlet.
• Install tamper-resistant electrical outlets if you have young children. • Use power strips that have internal overload protection. • Store oil, gasoline, paints, propane and varnishes in a shed away from your home. • A 20-minute fire-rated door that is self-closing and self-latching from the garage into the house.

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Batter½ Candle, and Cooking Fire Safety
• Stop using lithium-ion batteries if you notice an odor, change in color, too much heat, change in shape, leaking or odd noises.
• Don't put lithium-ion batteries in direct sunlight or keep them in hot cars. This is a fire ris_k. • Blow out candles when you leave a room or home, or when you go to bed. • Keep candles at least 12 inches away from anything that burns. • Turn pot handles toward the back of the stove so that no one can bump them or pull them over. • Watch what you are cooking. Fires start when the heat is too high. If you see any smoke or the grease starts to boil, turn the burner off.
• Stand by your pan. If you leave the kitchen, turn the burner off.

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Fire Safety for Children
• Have a plan for young children who cannot get outside by themselves. You will need to wake babies and very young children and help them get out. In your plan, talk about who will help each child get out safely.
• It is important to find 2 ways out of every room in your home in case the first exit is blocked or dangerous to use.
• Stay low and get to your exit if you smell or see smoke or if your smoke alarm sounds. • Stay outside. Don't go back inside for anything.

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Fire Safety for People with Disabilities
• Physical disability was the second leading human factor contributing to fatalities in residential buildings (30%).
• If possible, live near an exit.
• If you are deaf or hard of hearing, use smoke alarms with a vibrating pad, flashing light or strobe light. These accessories start when your alarm sounds. • Have smoke alarms on every level of your home, inside bedrooms and outside sleeping areas. • If you live in a multistory home, sleep on the first floor.

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Fire Safety for Older Adults
• In 2020, older adults (65+) in the United States had a 2.5 times greater risk of dying in a fire than the total population.
• Discuss your fire escape plan with family and neighbors. Contact your building manager or fire department to discuss your plan if you need extra help escaping. • Caregivers should check the smoke alarms of those who are unable to do it themselves. • Use a timer to remind you that you are cooking.
• If you use a walker or wheelchair, check all exits to be sure that you can go through the doorways.

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Hoarding and Fire Safety
• Personal items can crowd cooking equipment, making it unsafe to cook. • Personal items can crowd heating equipment, putting you at risk of having a fire. • Blocked windows and doors make it difficult for firefighters to get into your home to fight the fire and search for occupants.
• Keep doorways and windows clear for escape in case there is a fire. This will also prevent injuries from falling over excessive personal items.

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Merced County Fire PCF Recognition
• Davern Koehn
• Marcus Koehn
• Maynard Koehn
• Waylen Koehn
• Michael Koehn

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Pancake Breakfast
• Merced County Fire Department and the City of Livingston is hosting Livingston Volunteer Fire Company (United Way Non-Profit) to their Annual Pancake Breakfast. • The Pancake breakfast will be on Saturday May 4, 2024 from 7 Am to 11 Am. • Please reach out to Fire Department Staff or any member of the Livingston Volunteer Fire Company.

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Feedback/Comments
United We Stand-Divided We Fall

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ister Ci ties: Bridging
Cultures Across Borders
ayor Jose Am Moran

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A sister city, county, or state
relationship is a broad-based, longterm partnership between two communities in two countries.·A
relationship is officially recognized
after the highest elected or
appointed official from both
communities sign off on an
agreement to become sister cities.

Each sister city organization is
independent and pursues the
activities and thematic areas that
are important to them and their
community including municipal,
business, trade, educational, and
cultural exchanges and projects
with their sister city.

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Sister cities programs foster cultural exchange and diplomacy through city-to-city partnerships, promoting understanding and friendship between different cultures.
iBIENVE.,..~1 CHURINTZIO!
fraternal
nteras"
~

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The concept of sister cities originated after World War II to promote peace and reconciliation between former enemies. Over time, it has evolved into a platform for cultural exchange and economic cooperation.

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Sister cities provide opportunities for cultural immersion, educational exchanges, and economic partnerships. They also contribute to global understanding and peacebuilding.
i

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Many sister city partnerships have led to successful collaborations in areas such as education, arts and culture, and sustainable development. These success stories demonstrate the power of cross-border cooperation.

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Conclusion
Sister cities play a vital role in connecting
and bridging cultures across borders. By
fostering mutual understanding and
collaboration, these partnerships
contribute to a more peaceful and
inclusive world.
f _...... . • ' -·_:1.._'\t ; ~ .... ti • -

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Sister Cities Presentation between Churintzio & Livingston

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~~ SisterCities

INTERNATIONAL
Connect globally. Thrive locally.
www .SisterCities.org

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STAFF REPORT
AGENDA ITEM:

MEETING DATE:

Warrant Register April 11, 2024
April 16, 2024
PREPARED BY:

REVIEWED BY:

Nancy Fuentes, Accounting Technician
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Ratify the warrant register dated April 11, 2024
DISCUSSION:

Government Code sections 37208(b) and 37209 provide that accounts payable warrants or checks drawn in payment of demands certified or approved by the finance director as conforming to a budget approved by ordinance or resolution of the legislative body need not be audited by the legislative body prior to payment.

In addition, Government Code section 37208(a) provides that payroll warrants or checks need not be audited by the legislative body prior to payment. Payrolls shall be presented to the legislative body for ratification and approval at the first meeting after delivery of the payroll warrants or checks. The sum total of any payroll checks issued within the week prior to the date of the check register is also noted on the accompanying check register.

The following checks have been certified to be in accordance with the City's approved budget.

The checks have been issued and the check register is presented to the City Council for ratification:

March 15, 2024 - April 11, 2024
GENERAL WARRANTS ......................... $ 702,327.72 10804-10915 PAYROLL/WIRE WARRANTS ................. $ 487,671.76 3085-3114 TOTAL WARRANTS .............................. $ 1,189,999.48 ATTACHMENTS:

Warrant Register (detailed by date and check number)
1

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Accounts Payable
Checks by Date - Summary by Check Date
User: nfuentes
Printed: 4/11/2024 I 0: 10 AM
Check No Vendor No Vendor Name
10804 395 Administrative Solution, Inc.
10805 396 American Fidelity Assurance
10806 397 American Fidelity Assurance Company
10807 393 California State Disbursement Unit
10808 UB*02069 JOHN H. BASKETT & GLORIANA MAR
10809 405 Premier Access Insurance Company
108 10 598 Standard Insurance Company RB
10811 1284 State of California
10812 564 Texas Life Insurance
10813 UB*02070 GEORGE OR SALVINA VELLA
108 14 608 Vision Service Plan- CA
10815 25 1 ABS Direct, Inc.
10816 1414 Veronica Acosta
10817 62 Daisy Aguilar
10818 1309 Aleshire & Wynder LLP
10819 162 Steve Bassi
10820 447 Conco West, Inc
10821 1308 CSG Consultants, Inc.
10822 260 First Communications, LLC
10823 115 1 Jose Flores
10824 686 JJC Security System Solutions
10825 675 Lance, Soll & Lunghard, LLP
10826 278 Merced Irrigation District
10827 389 Mid Valley IT
10828 302 Office Depot, lnc./ODP Business Solutions.
10829 430 Quadient Finance USA, Inc.
10830 1330 James D Sanders
10831 739 Self- Help Enterprises
10832 1405 Taylor Backhoe Service, Inc.
10833 3 10 Totlcom, Inc.
10834 296 Visual Edge IT, Inc
10835 818 Renee Waite-Mendonca
10836 536 Robert Wallis
10837 287 West Coast Code Consultants, Inc.
10838 409 Willdan Financial Services
10839 1309 Aleshire & Wynder LLP
10840 250 Alhambra
10841 472 Aqua-Metric Sales Company
10842 446 Belkorp Ag, LLC
10843 546 Bogie's Pump Systems
10844 193 BSK Associates
AP Checks by Date - Summary by Check Date (4/1 1/2024 10: 10 AM) Check Date
03/21/2024
03/2 1/2024
03/2 1/2024
03/2 1/2024
03/21/2024
03/2 1/2024
03/2 1/2024
03/2 1/2024
03/2 1/2024
03/21/2024
03/21/2024
City of Livingston
1416 C Street
Livingston, CA 95334
Total for 3/21/2024:
03/22/2024
03/22/2024
03/22/2024
03/22/2024
03/22/2024
03/22/2024
03/22/2024
03/22/2024
03/22/2024
03/22/2024
03/22/2024
03/22/2024
03/22/2024
03/22/2024
03/22/2024
03/22/2024
03/22/2024
03/22/2024
03/22/2024
03/22/2024
03/22/2024
03/22/2024
03/22/2024
03/22/2024
Total for 3/22/2024:
03/29/2024
03/29/2024
03/29/2024
03/29/2024
03/29/2024
03/29/2024
Check Amount
390.00
3,167.68
1,103.32
893.06
101.59
905.60
2,923.77

65.08 275.28
298.17
425.39
10,548.94
135.65
150.00
150.00
50,359.20

25.00 65,742.85
22,299.50

16.66 25.00
6,000.00
7,086.00
45,941.93
10,984.20
161.47
1, 135.97
150.00
6,748.44
32,339.35
1,314.55
1,635.81

25.00 25.00
4,500.00
11,014.81
267,966.39
41 ,128.64
276.90
3,337.31
229.40
9,467.24
2,107.00
Page I

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Check No Vendor No Vendor Name Check Date Check Amount
10845 1100 CAL FIRE 03/29/2024 2,270.80
10846 909 Canon Financial Services, Inc. 03/29/2024 33 1.89 10847 1239 Clark Pest Control of Stockton, Inc. 03/29/2024 51.00 10848 1383 County of Merced 03/29/2024 104,163.00
10849 787 Custom Weed Control Inc. 03/29/2024 400.00
10850 548 Doras Fashion 03/29/2024 217.00
10851 455 Ernest Packag ing Solutions 03/29/2024 2,655.50 10852 163 EZ Auto Supply 03/29/2024 172.51
10853 641 Ferguson Enterprises LCC #686 03/29/2024 216.73 10854 295 Ferguson Waterworks # 1423 03/29/2024 201.73
10855 1410 FFP Fund VII TEI Partnership I, LLC 03/29/2024 6,445.88 10856 420 Frantz Wholesale Nursery, LLC. 03/29/2024 896.05 10857 188 Frontier 03/29/2024 2,563.3 1
10858 164 Garza Tire & Wheel, Inc 03/29/2024 230.00
10859 262 Gilton Solid Waste 03/29/2024 9,600.15
10860 356 Gouve ia Engineering, Inc. 03/29/2024 56,893.91 10861 1098 Granite Construction Company 03/29/2024 1,387.82 10862 642 Hilmar Rentals, LLC 03/29/2024 140.08
10863 267 Hoffman Security 03/29/2024 230.90
10864 501 Hunt & Sons, Inc. 03/29/2024 6,807.0 1
10865 388 Interstate Battery System of Fresno 03/29/2024 167.88 10866 520 Interstate Truck Center 03/29/2024 369.46
10867 165 J L Analytical Services, Inc. 03/29/2024 159.00 10868 167 Kimball Midwest 03/29/2024 1,724.60
10869 502 Merced Irrigation-Urban GSA 03/29/2024 1,958.34 10870 389 Mid Valley IT 03/29/2024 7,232.02
10871 180 Mission Linen Service 03/29/2024 628.77
10872 194 Modesto Welding Products 03/29/2024 24.00
10873 275 Municipal Emergency Services 03/29/2024 925.11 10874 199 Northstar Chemical 03/29/2024 4,273.94
10875 949 Nova Heating and Air Conditioning 03/29/2024 2,639.25 10876 302 Office Depot, lnc./ODP Business Solutions. 03/29/2024 425. 14 10877 1147 PAC Machine Company, INC. 03/29/2024 16,442.50 10878 203 PG&E 03/29/2024 66,355.63
10879 948 Pump Pros Inc. 03/29/2024 1,737.56
10880 553 Rahn's Fire & Safety Services 03/29/2024 1,427.48 10881 605 Razzari Auto Centers 03/29/2024 38.41
10882 265 Resourceability 03/29/2024 2,427.36
10883 4S0 S & A Manufacturing 03/29/2024 1,392.43
10884 386 S & N Auto Services, INC. 03/29/2024 100.00
10885 208 Saenz Pest Control, Inc. 03/29/2024 127.00
10886 439 Sharpening Shop 03/29/2024 8,547.56
10887 307 Shred-It, C/0 Stericycle, Inc. 03/29/2024 260.39 10888 309 St. Francis Electric 03/29/2024 676.00
10889 1433 State Water Resources Control Board 03/29/2024 110.00 10890 440 Target Specialty Products 03/29/2024 1,140.00 10891 1036 The Water Connection, Inc 03/29/2024 156.95
10892 1268 Totally Delicious Catering 03/29/2024 2,100.00 10893 3 10 Totlcom, Inc. 03/29/2024 382.72
10894 366 USABlueBook 03/29/2024 260.05
10895 11 50 Valley 29 Electric, LLC 03/29/2024 3,191.38 10896 1204 Valley Sanitation & Rentals LLC 03/29/2024 672.47 10897 486 Sunil Verma DC 03/29/2024 100.00
10898 296 Visual Edge IT, Inc 03/29/2024 933.25
10899 409 Willdan Financial Services 03/29/2024 10,609.59 10900 597 Work Wellness 03/29/2024 444.00
AP Checks by Date - Summary by Check Date (4/11 /2024 I 0: 10 AM) Page 2

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Check No Vendor No Vendor Name Check Date Check Amount
Total for 3/29/2024: 392,582.00
10901 395 Administrative Solution, Inc. 04/09/2024 120.00 10902 396 American Fide lity Assurance 04/09/2024 3,282. 18 10903 397 American Fidelity Assurance Company 04/09/2024 1,103.32 10904 393 California State Disbursement Unit 04/09/2024 893.06 10905 UB*02073 VANESSA FIGUEROA 04/09/2024 182.38
10906 UB*0 l929 ROBERTO JAUREGUI 04/09/2024 200.00
10907 437 Operating Engineers Local 3 04/09/2024 424.00 10908 438 Operating Engineers Local Union No.3 04/09/2024 655.50 10909 UB*0207I AURELIO ROBLES 04/09/2024 25.00
10910 UB*02072 RICARDO ROBLES 04/09/2024 216.26
10911 598 Standard Insurance Company RB 04/09/2024 2,946.61 10912 1284 State of California 04/09/2024 65.08
10913 564 Texas Life Insurance 04/09/2024 275.28
10914 608 Vision Service Plan- CA 04/09/2024 681.99
Total for 4/9/2024: 11,070.66
10915 422 U.S. Bank Corporate Payment Systems 04/11/2024 20, 159.73 Total for 4/1 1/2024: 20, 159.73
Report Total ( 11 2 checks): 702,327.72
AP Checks by Date - Summary by Check Date (4/11/2024 I 0: IO AM) Page 3

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AGENDA ITEM:

MEETING DATE:

PREPARED BY:

APPROVED By:

STAFF REPORT
Adopt Resolution Approving Contract with TurboData systems to Process Parking and Administrative Citations
April 16, 2024
John Ramirez, Acting Chief of Police
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Adopt Resolution No. 2024- _, City Council direct the Interim City Manager to enter into an agreement with TURBODATA Systems for citation processing services.

BACKGROUND:

The City of Livingston currently contracts with Duncan Solutions for the processing of all parking citations, while city staff processes administrative citations. Duncan Solutions has announced they will no longer process citations for the City of Livingston after April 19, 2024 as the company is being 'decommissioned.' If needed, the City does have the ability to issue administrative citations in lieu of parking citations, however it is labor intensive for each citation for staff to manually process the citations. Once the department received notification from Duncan Solutions, staff began reaching out to other citation processing agencies. On April 15 1,
2024, staff was directed not to issue parking citations until we are able to get a new contract in place.

Over the last year, the department has issued 446 parking citations and 21 administrative citations for a total of 467 citations for the year. The department has reached out to various police agencies to solicit information on companies that they use for the prJcessing of their parking citations. Staff was able to contact two companies and receive information. The companies were TurboData systems and Data Ticket Inc. Data ticket is used by the City of Merced and TurboData systems is used by many bay area agencies. Both companies were very similar in history and services provided. Both have been in business for about 30 years with hundreds of clients across the state. Both provide services for the processing of parking citations, administrative citations, and permits.

In conducting reference checks, the Fresno State Police Department was very happy with the company TurboData systems. According to the parking and transportation manager Derrick Brantley, the product is very user friendly with great customer service. Derrick also advised they have been with TurboData systems for over twenty years and the company is well known with better prices than the competitors. The department has many dedicated Parking Enforcement Officers which utilize electronic and paper citations.

The fees and services all vary with a standard monthly minimum charge of $400 for Data Ticket and $400 for TurboData systems. Given the number of bqth parking and administrative citations issued by the department annually, we would likely not be charged the extra to achieve the minimum of $400. One important feature that both companies have is the ability to coordinate with the Department of Motor Vehicles for reporting of delinquent or defaulted fines. The city {CWl 27453.I}

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does not currently have that ability. Another important service that TurboData systems provides is ensuring the State Controller's Office receives the surcharges from the County generated from each citation. The Department was recently notified that a county audit was performed, and it was discovered the surcharges have not be paid by several municipalities in Merced County. TurboData systems offers a Joint/ Escrow Banking Service for $150 per month for this service.

DISCUSSION:

Two separate quotes were obtained from parking cite companies.

Monthly Manual Electronic Revenue A<iTiin Admin
minimum Process collected Manual Electronic
Process
Turbo Data $400.00 $0.70 $0.50 25% $5 00 $3.00
Data Ticket $400.00 $0.70 $0.60 28% $7 to $13 $5 to $11 Handheld $145.00

FISCAL IMPACT
Depending on the number of citations issued and equipment if any, the costs to achieve the minimum could range from $4,800 to $6,540 per year. These costs can be offset by any revenues generated. The service would also save staff time processing administrative citations.

ATTACHMENTS:

1. Resolution

2. Two (2) quotes from parking ticket companies

3. Agreement for Processing of Parking and Administrative Citations {CW127453. l } 2

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RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AUTHORIZING

THE INTERIM CITY MANAGER TO ENTER INTO A CONTRACT WITH TURBODATA

SYSTEMS FOR CITATION PROCESSING SERVICES
WHEREAS, the City of Livingston Police Department currently contracts with Duncan Solutions for the processing of parking citations; and
WHEREAS, the department was notified that the services for Duncan Solutions will be decommissioned for the City of Livingston on April 19,2024; and WHEREAS, the City of Livingston is in need of a company to process parking citations as well as administrative citations; and
WHEREAS, staff researched several companies that provide citation processing services and determined that TurboData systems provides the best fit for the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston that it does hereby authorize the Interim City Manager to execute an agreement with TurboData systems.

I hereby certify that the forgoing Resolution No. 2024-__ is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the city of Livingston at a regular meeting thereof duly held on the 16th day of April 2024, by the vote recorded as follows:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
Monica Cisneros, Deputy City Clerk
Of the City of Livingston

APPROVED AS TO LEGAL FORM
Roy C. Santos, City Attorney

Page 1 of 1 ends

Jose A. Moran Mayor
Of City of Livingston

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DATA
TICKET inc.
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]

EXECUTIVE SUMMARY
Data Ticket, Inc. is a California Corporation that provides administrative citation processing and collection services, administrative hearing coordination, accounting services, customer service and a web-based solution that manages the entire process.

Data Ticket has been providing these services for California Agencies for over 18 years.

Data Ticket was incorporated in California in 1989. We provide expertise to ensure that citations get processed and collected in a timely manner for over 350 Agencies, nationwide.

Data Ticket is located in Irvine, California and employs 52 full time individuals. Our offices are always open to our clients and we encourage in-person communication on a regular basis. Data Ticket, Inc. is a California certified Small Business Enterprise and a California certified Woman-Owned Business Enterprise.

Data Ticket fully understands we are in a service industry that we consider our Client's acceptance of our software and services paramount to our success. When we partner with each Client, the goal is to ensure that each Client is treated as a unique entity, that our Client's Patrons are treated with respect and care, and that our Clients gain compliance and realize increased revenue collection through our comprehensive administrative citation management program.

We attribute much of our success to the fact that our Clients and their Patrons are always treated politely and professionally. Providing easy, clear access for our Clients and their Patrons is of primary importance because it encourages communication between all interested parties, transparency in the data processing for our Clients and prompt payment by Patrons.

Our web-based Solution provides patrons with access to lookup their citation(s), pay for their citation(s), get specific information about their citation(s), appeal their citations and attach supporting documentation and print a receipt; all online, all via real-time data. In • addition, the Agency's Patrons will have access to a toll-free, bi-lingual customer service department who will answer general and specific questions about each citation and will accept payment over the phone via a real-time interface. Finally, patrons will also be able to submit payment and appeals to the Agency or to Data Ticket via mail or in person at the Agency's preferred location. All of the types of access we allow are intended to make the process simple for the Agency's patrons so they pay their citations in a timely manner.

Access to the data for Agency Staff is equally as important as is access for the Agency's Patrons. Our Solution provides online access to our Clients to lookup citations, enter notes on citations, process voids, dismissals, reductions, refunds, refund requests, view online reports, print receipts and process and review the adjudication process. Each capability is provided based on the level of access each person is granted.

Data Ticket allows for real-time processing of payments via VISA, MasterCard, Discover, and American Express. Credit/debit card payments are accepted online, via phone with a customer service representative or using our state of the art IVR system or via paper.

Website payments are updated in the system real-time, as soon as they are authorized 1 I P a g e PROPRIETARY AND CONFIDENTIAL INFORMATION
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DATA
TICKET inc.
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]

EXECUTIVE SUMMARY
and accepted by the bank. Payments are immediately updated to the citation records and receipts can be printed verifying payment for the payer.

Data Ticket's Solution is Payment Card Industry (PCI) certified and our Solution is subjected to both quarterly, scheduled scans of our database as well as unscheduled scans, thus providing the ultimate security for our Clients as well as their patrons.

Our Solution offers all adjudication services via our online appeals website. This sets us apart from other vendors as we actually allow patrons to place their citations on hold and submit their full explanation and attach backup documentation via the web. This allows patrons to appeal their citation(s) online only if they are eligible to appeal based on the rules set forth by each Agency and the State of California. Once the appeal is submitted, either online or via U.S. Mail, our Solution processes the request and makes it immediately available for an Administrative Hearing with a certified, independent hearing officer. These individuals review or hear the cases and enter judgments that automatically mark the citation and generate written notification of the results. This notification informs the appellant of the decision and provides additional information if the individual wishes to continue his/her appeal and/or refund information and/or court filing instructions, depending on the appeal decision.

Our Solution provides an Online Reporting capability that allows our Clients to generate and print real-time and month-end reports via the web. These reports can be saved to a network, PC or external drive, copied into Excel for additional manipulation as the Agency wishes or they can simply be viewed. These reports are available to the Agency as long as the Agency is a Client. In addition, when the Agency needs ad hoc reports or additional data, Data Ticket will provide those at no cost.

Data Ticket is experienced at working backlog and delinquent citations, which all agencies seem to have. We have years of experience collecting from "old databases and citations", and we do it carefully and professionally, with the utmost care given to the agency image and collection attitude. Since 2002, Data Ticket, Inc. has been offering additional collections through the Franchise Tax Board's lnteragency Intercept Program on behalf of our Clients in order to provide an additional opportunity for collection of delinquent California debts. Many of our agencies have been participating in this program since we began offering this interface and they have all been impressed with the returnrate on collections from this submission.

And finally, we offer Advanced Collections by partnering with a local Los Angeles collections agency. For those hard-to-collect debts that have not responded or are not eligible for DMV holds, Delinquent Collections or FTB Collections, Advanced Collections provides a final effort to collect on behalf of our Agencies, while our Solution remains the system of record and provides a full audit trail from issue date to final collection effort! 21Page
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DATA
TICKET inc.
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]

PROPOSAL FOR THE CITY OF LIVINGSTON
Data Ticket offers two Cost Models for our Administrative Citation Processing Clients that allow our Clients to select the Cost Model that best suits their individual situation. Model 1 represents an all-inclusive option that has a higher upfront citation processing fee than Model 2 and includes full-service from Data Ticket's staff. This option is typically selected by Agencies whose Patrons pay their citations on an inconsistent basis. Model 2 is often selected by Clients who has a thorough understanding of their collection rates or collections occur within the first 30 days of a citation being issued.

Regardless of the Model selected, you have the option to change Models at any point during a contract period. This provides our Clients with the maximum amount of flexibility so they may experience the maximum return on citations issued.

Description of Service Cost Cost
Model 1 Model 2
Manual Administrative Citation Processing **$13.00 $7.00 per Services for the above-mentioned items include: per citation • On-site data entry of manually written citations performed within 48 citation hours of receipt
• On-site quality assurance verification of manually entered citations • Scanning of all manually written citations onto our network for storage and ease of retrieval
• Bi-monthly shredding of manually written citations
Electronic Administrative Citation Processing: $11 .00 $5.00 per Services for the above-mentioned items include: per citation • Automated citation transmission into Data Ticket's Citation citation Management Solution 24/7
• Automated confirmation email detailing successfully transmitted citations
• Automated transmission of photos attached to citations Semi-Custom Noticing: Included $0.80 per
Services for the above-mentioned items include: notice
• A single Courtesy Notice printed on an 8 ½ x 11" piece of paper and provided in a window envelope will be sent to the responsible party
• All notices are attached to the citation online and are viewable via the web
• All notices sent via 1st Class Mail
• All notices include a return envelope in which the responsible party may submit payment
• This cost will increase as the US Postal Service increases the 1st Class postage rate
• Notices will be sent daily, Monday - Friday
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DATA
TICKET inc.
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]

PROPOSAL FOR THE CITY OF LIVINGSTON
Description of Service Cost Cost
Model 1 Model 2
Additional Correspondence $1.50 per $1.50 per
Services for the above-mentioned items include: letter letter • Courtesy Notice oer the City's reauirements
Delinquent Collections Included 25% of
Services for the above-mentioned items include: revenue • In addition to the 1st Courtesy Notice, two additional notices will be collected sent to the responsible party, at a time frame to be defined by the Agency
• Notices will include a return envelope in which the responsible party may submit payment
• Notices will be sent via 1st Class Mail, for which Data Ticket will be responsible
• A citation is considered delinquent at Cite Date plus 31 days • All notices are sent via First Class mail and all notices are printed on an 8 ½ x 11" sheet of paper and folded into a window envelope; in addition, a window envelope is provided for the recipient to return payment
• All notices are attached to the citation online and are viewable via the web
• Notices will be sent via 1st Class Mail, and Data Ticket will be responsible for the cost incurred
• Notices will be sent daily, Monday - Friday
• If Data Ticket does not collect on a citation that is delinquent, the AQency does not owe this fee
Adjudication Holds and Scanning Included $.50 per
Services for the above-mentioned item include: hold
• Data Ticket will accept Hearing Requests on behalf of the Agency • Dependent on the Agency's choice, Data Ticket will either review and approve the Hearing Request or provide the documentation received to the Agency for its decision
• If the Request is accepted, Data Ticket's Adjudication Department will place the citation on an Administrative Hearing Request Hold and scan all received documentation into the Solution so it is displayed on the web for the Agency's Staff and the Hearing Officer
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DATA
TICKET inc.
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]

PROPOSAL FOR THE CITY OF LIVINGSTON
Description of Service Cost Cost
Model 1 Model 2
Adjudication Letters Included $1.25 per
Services for the above-mentioned item include: letter
• For each request received, Data Ticket will send a semi-custom Hearing Approval Letter and a Schedule letter or it will send a Semi-Custom Denial Letter
• Once the Hearing has been held, Data Ticket will send a semicustom disposition letter to the Appellant detailing the Hearing Officer's findings
• All Letters are sent via First Class mail and all Letters are printed on an 8 ½ x 11" sheet of paper and folded into a window envelope; in addition, a window envelope is provided for the recipient to return payment
• All Letters are attached to the citation online and are viewable via the web
• Letters will be sent via 1st Class Mail, and Data Ticket will be responsible for the cost incurred
• Should the Agency request Letters to be sent via Certified Mail, Data Ticket will arrange this at a cost of $5.00 per Letter • Letters will be sent dailv, Mondav - Friday
Certified Letter Fee- Optional $5.00 per $5.00 per
letter letter
Administrative Hearings $85.00 per $85.00
Services for the above-mentioned item include: hour per hour • Data Ticket's independent, certified, insured hearing officers will be provided to perform in-person, phone, and written hearings, as required by the Agency
• Each hearing request will be reviewed, heard or read, and all required research will be performed
• The Hearing Officer will enter a judgment into the Citation Processing System for viewing by the Agency, Appellant and Data Ticket
• The City will incur costs associated with mileage
• Data Ticket will work with the Agency to arrange for the use of a conference room at a Agency location or the Agency may elect to have citations heard at a centralized location within the Countv Franchise Tax Board SSN Look-up $3.00 per $3.00 per
Services for the above-mentioned item include: unique unique • This fee will be assessed to lookup a social security number SSN SSN associated with a particular registered owner and address • This charge is charaed per unique SSN, not per citation SI Page
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DATA
TICKET inc.
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]

PROPOSAL FOR THE CITY OF LIVINGSTON
Description of Service Cost Cost
Model 1 Model 2
FTB Collections 15% of 15% of
Services for the above-mentioned item include: revenue revenue • This fee is charged if a citation is paid at the Franchise Tax Board collected collected • This charge is not combined with any other charge; for example if a citation is rolled to delinquent status and paid at FTB, only the 15% of revenue collected will be charged
• Data Ticket will send a custom FTB Notice to the Patron as required by the lnteragency Intercept Program; this notice will be sent via 1st Class Mail
• All notices are attached to the citation online and are viewable via the web
• Data Ticket will pay for the Agency's cost to participate in the FTB program; annually, FTB will send an invoice to the Agency for the number of debts placed at FTB; the Agency will simply provide this invoice to Data Ticket and Data Ticket will pay it in full • If Data Ticket does not collect on a citation that is at FTB, the Agency does not owe the collection fee
• Data Ticket will send an FTB Notice to the Patron as required by the lnteragency Intercept Program; this notice will be sent via 1st Class Mail
Advanced Collections Legal Action Not Required 30% of 30% of Services for the above-mentioned item include: revenue revenue • This fee is charged if a citation is paid at Advanced Reporting collected collected Collections
• This charge is not combined with any other charge; for example if a citation is rolled to delinquent status and paid at Collections, only the 30% of revenue collected will be charqed
Joint/ In Trust Banking Services $150.00 $150.00
Services for the above-mentioned item include: per per
• Daily deposits of funds to the Agency's escrow account month month • Online, real-time reconciliation reports that tie directly to the bank statement
• Processing of all credit card charge-backs and Insufficient Funds • Month-end reconciliation of all funds collected
• Payment of Data Ticket's invoice
• Disbursement of the net remittance to the Agency
• Scanning of all payments directly to joint bank account daily using remote check deposit
• The Agency will be responsible for the purchase of banking supplies, including checks and endorsement stamps; these fees tvoically run $200.00 oer vear
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DATA
TICKET inc.
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]

PROPOSAL FOR THE CITY OF LIVINGSTON
Description of Service Cost Cost
Model 1 Model 2
Charge-backs and NSF's -Joint Escrow Only Included Included Services for the above-mentioned item include:
• Data Ticket will process credit card charge-backs and NSFs when notified of each occurrence
• Once processed, Data Ticket will send a custom letter to the individual detailing the returned item and the amount due on the citation
Refunds - Joint Escrow Only Included Included
Services for the above-mentioned item include:
• Data Ticket will process refunds when notified of each need • In the event the utilizes Joint Banking Data Ticket will verify, generate and send each refund due
• Refunds will be issued weekly
• Refunds will be sent weeklv via 1st Class Mail
Monthly Minimum $200.00 $200.00
• A minimum fee of $200.00 will be charged on a monthly basis if services do not reach this level
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DATA
TICKET inc.
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]

PROPOSAL FOR THE CITY OF LIVINGSTON

SERVICES INCLUDED AT NO ADDITIONAL COST
Online Access for the Agency's Patrons: Included
The Agency's Patrons will have the ability to perform the following functions online:
• View real-time citation(s) data
• Pay for a single or many citation(s)
• Request an Administrative Hearing and attach up to three documents supporting their position ( optional)
• Print a receipt
• View pictures of the citation taken by the issuing officer (if the Agency allows) Online Access for the Agency's Staff: Included
Access to the Agency's data is based on unique usernames and passwords assigned to each individual who requires access to the system. Data Ticket does not limit the number of individuals who have access to the system and the number and types of access can change at any point with a simple email request to Data Ticket.

Our Solution is setup to maintain a complete audit trail for each and every transaction in the system so that the username is displayed next to every transaction in the system, indicating who performed the transaction and when.

Dependent on the access rights provided to each Agency Staff member, the following capabilities are available:
• View real-time citation(s) data, including pictures taken by the Issuing Officer • Accept payment via VISA, MasterCard, Discover and American Express credit/debit cards
• Accept payment via Cash, Check or Money Order
• Process NSFs and Refunds
• Reduce or increase violation amounts, dismiss citations, void citations and place a citation on hold
• Change citation data, including violations, date, time, location, comments, and others • View the complete reason for a Hearing Request and supporting documentation provided by the Appellant directly online
• Edit Appellant information
• Upload disposition documents sent to the Agency via US Mail • Add a note to a citation and see all comments added to the citation • Print a receipt
Conversion: Included
• Data Ticket will convert the citations currently with the Agency's existing vendor at no cost to the Agency
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Reporting:

DATA
TICKET inc.
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]

PROPOSAL FOR THE CITY OF LIVINGSTON

SERVICES INCLUDED AT NO ADDITIONAL COST
Included
• Data Ticket offers 23 reports online for our Clients to generate, print and re-print 24ll.

We provide real-time reports that can be generated for any timeframe required and we provide pre-processed/month-end reports that reflect the month-end view of data. • All reports are available online and because we do not purge data unless specifically requested to do so by a Client, the data is available as long as the Agency is a Client. • All reports are generated in HTML so our Clients can copy and paste the data into Excel for data manipulation purposes.
• If the Agency were to request a report that was not already available, Data Ticket would work with the Agency to design the report and provide it to the Agency at no cost.

Manual Payment Processing: Included
• Manually received payments (checks, cash, money orders and credit card payments sent via US Mail) are received at our PO Box in Newport Beach where a bonded and insured courier picks up the mail daily and delivers it to our Newport Beach office • On-site Mail Department opens, sorts and batches the payments before providing them to our on-site Data Entry Department
• After double-blind entry of each payment, the citations are updated by our Quality Assurance team
• Payments are then provided to our Accounting Department where daily deposit slips are completed and provided to a bonded, insured courier who takes them to the bank Customer Service: Included
• Data Ticket provides a live, bi-lingual, on-site Customer Service Department that is fully trained to answer questions related to citation issuance, payment, adjudication, fix-it tickets, sign-offs, FTB, advanced credit reporting collections and more • All calls are recorded to quality assurance and recordings can be sent to the Agency at any time for review.
• Data Ticket's IVR is bi-lingual and accessible via several toll-free numbers; the IVR provides real-time information to the caller regarding current status, including the amount due
• The IVR accepts VISA, MasterCard, Discover, and American Express Web Presence: Included
• Data Ticket's Solution is 100% web-based and Section 508 Compliant and is provided at: www.CitationProcessingCenter.com; this is a generic website in the sense that it is not Agency branded. This website allows for the Agency and the Agency's Patrons to access citations online
• If the Agency prefers to have an Agency branded website, one in which the look and feel mimics that of the Agency's website, Data Ticket can and will provide this feature to the Agency.
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DATA
TICKET inc.
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]

PROPOSAL FOR THE CITY OF LIVINGSTON

FEES ASSESSED TO THE PATRON
Credit/ Debit Card Processing $3.50 per transaction
• Data Ticket is PCI Compliant and provides for the ability to pay via Visa, MasterCard, Discover, and American Express on our website, www.CitationProcessingCenter.com , via our toll-free, bi-lingual Customer Service Representatives, and via our toll-free, bilingual IVR Solution • There is no charge to the Agency for credit/ debit card processing; however, the Patron is charged $3.50 per transaction; this means the Patron can pay for a single or many citations at once and incur a single $3.50 fee
Payment Plan Processing variable cost
• An administrative fee will be assessed to Patrons or the City (if they wish to pay in lieu of the Patron paying) who wish to participate in a payment plan • This fee will cover the cost of the payment plan initiation, and the cost of a confirmation letter that is sent to the Patron confirming the details of the payment plan • The Agency will have the ability to determine whether Payment Plans are accepted and, if so, what the parameters for payment will be
Credit Card Chargeback Processing $33.50 per transaction • If a chargeback occurs, a fee will be charged to the Patron for the processing of the chargeback
• No fee will be charged to the Agency
Cost Increases:

Postal Rate Increase Offset- If postal rates increase during the term of the agreement, fees to DTI shall be raised immediately to offset the effect of the actual postal rate increase.

CPI Increases - There will be NO CPI increases for the duration of the agreement IO I Pag e
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DATA ■ TICKET inc.
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]

EXECUTIVE SUMMARY
Data Ticket, Inc. is a California Corporation that provides parking citation processing and collection services, administrative review and hearing coordination, permit sales and processing, accounting services, customer service and a web-based solution that manages the entire process. Data Ticket has been providing these services for Cities, Counties, Universities, Districts and other Public entities nationwide for over 30 years.

Data Ticket was incorporated in California in 1989. We provide expertise to ensure that citations get processed and collected in a timely manner for over 400 Agencies, nationwide.

Our web-based Solution provides patrons with access to lookup their citation(s), pay for their citation(s), get specific information about their citation(s), appeal their citations and attach supporting documentation and print a receipt; all online, all via real-time data. In addition, the Agency's Patrons will have access to a toll-free, bi-lingual customer service department who will answer general and specific questions about each citation and will accept payment over the phone via a real-time interface. Finally, patrons will also be able to submit payment and appeals to the Agency or to Data Ticket via mail or in person at the Agency's preferred location. All of the types of access we allow are intended to make the process simple for the Agency's patrons so they pay their citations in a timely manner.

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DATA ■ TICKET inc.
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]

EXECUTIVE SUMMARY
Website payments are updated in the system real-time, as soon as they are authorized and accepted by the bank. Payments are immediately updated to the citation records and receipts can be printed verifying payment for the payer.

Our Solution offers all adjudication services via our online appeals website. We allow patrons to place their citations on hold and submit their full explanation and attach backup documentation via the web. This allows patrons to appeal their citation(s) online only if they are eligible to appeal based on the rules set forth by each Agency and the State of California. Once the appeal is submitted, either on line or via U.S. Mail, our Solution processes the request and makes it immediately available for an Administrative Review Disposition or it is immediately available to be scheduled for an Administrative Hearing with a certified, independent hearing officer. These individuals review or hear the cases and enter judgments that automatically mark the citation and generate written notification of the results. This notification informs the appellant of the decision and provides additional information if the individual wishes to continue his/her appeal and/or refund information and/or court filing instructions, depending on the appeal decision.

On behalf of Data Ticket, thank you for the opportunity to provide Parking Citation Processing Collections, Services and Technology as well we excellent Client and Customer Service!
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DATA ■ TICKET inc.
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]
/ PROPOSAL FOR THE CITY OF LIVINGSTON
•J~anual·Parking Citation Processing:

Services for the above-mentioned items include:
• On-site data entry of manually written citations performed within 48 hours of receipt • On-site quality assurance verification of manually entered citations $0.70
• Scanning of all manually written citations onto our network for storage and ease of retrieval o/ Bi-monthly shredding of manually written citations JElectronic Parking Citation Processing: $0.60
Services for the above-mentioned items include:
• Automated citation transmission into Data Ticket's Citation Management Solution 24/7 • Automated confirmation email detailing successfully transmitted citations • Automated transmission of photos attached to citations Courtesy Notice: $0.75
Services for the above-mentioned item include:
• Semi-custom Courtesy Notice that is printed on an 8 ½ x 11" piece of paper and provided in a window envelope sent to the registered owner of a vehicle • All notices are attached to the citation online and are viewable via the web • All notices sent via 1st Class Mail
• All notices include a return envelope in which the responsible party may submit payment • This cost will increase as the US Postal Service increases the 1st Class postage rate • This charge is only incurred if the individual does not pay off the windshield and a notice is / sent to the individual.

J Out-of-State Collections: 28% of revenue collected
• This fee will cover all expenses associated with obtaining out-of-state registered owner information and will be due when a citation is paid
• Data Ticket is a recognized Strategic Partner with NLETs; should the Agency have an assigned ORI, Data Ticket will request usage of the ORI for reference/audit purposes only.

Data Ticket utilizes its own ORI for transactional purposes • This fee is not combined with any other contingency fee. For example, if a citation is rolled to a delinquent status, only 28% of revenue collected will be charged • If Data Ticket does not collect on a citation that is issued to an out of state plate, the Agency does not owe this fee.
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DATA ■ TICKET inc.
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]
/ PROPOSAL FOR THE CITY OF LIVINGSTON
·Joelinquent Collections: 28% of revenue collected
• This fee will be assessed when a citation is ninety (90) days past the citation issue date, or when a second (2nd) notice is sent if sooner than ninety (90) days, assuming a first notice has been sent to the registered owner and the citation is not on hold for any reason • In addition to the Courtesy Notice, three Delinquent Notices will be sent to the registered owner
• All notices are sent via First Class mail and all notices are printed on an 8 ½ x 11" sheet of paper and folded into a window envelope; in addition, a window envelope is provided for the recipient to return payment
• All notices are attached to the citation online and are viewable via the web • If Data Ticket does not collect on a citation that is delinquent, the Agency does not owe this fee J Notices will be sent via 1st Class Mail, and Data Ticket will be responsible for the cost incurred ranchise Tax Board Processing - Optional
SSN Look-up $3.00 per SSN
• This fee will be assessed to lookup a social security number associated with a particular This charge is charged per unique SSN, not per citation j registered owner and address TB Collections 15% of revenue collected
• This fee is charged if a citation is paid at the Franchise Tax Board • This charge is not combined with any other charge; for example, if a citation is rolled to delinquent status and paid at FTB, only the 15% of revenue collected will be charged • Data Ticket will send an FTB Notice to the Patron as required by the lnteragency Intercept Program; this notice will be sent via 1st Class Mail
• All notices are attached to the citation online and are viewable via the web • Data Ticket will pay for the Agency's cost to participate in the FTB program; annually, FTB will send an invoice to the Agency for the number of debts placed at FTB; the Agency will simply provide this invoice to Data Ticket and Data Ticket will pay it in full • If Data Ticket does not collect on a citation that is at FTB, the Agency does not owe the collection fee
• Data Ticket will send an FTB Notice to the Patron as required by the lnteragency Intercept Program; this notice will be sent via 1st Class Mail
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·DJ\TJ\
TICKET inc.
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]

PROPOSAL FOR THE CITY OF LIVINGSTON
Adjudication:
1st Level Review Hold & Scanning of Review Request $0.50 per citation • Data Ticket will review all documentation received by the Appellant anc determine whether the request received within the required timeframe
• If the request was received within the required timeframe, Data Ticket's Adjudication Department will place the citation on an Administrative Review Request Hold and scan all received documentation into the Citation Management Solution so it is displayed on the web for the Agency's Staff
• If the request is received outside the required timeframe, the Agency will have the option to proceed as though the request was received within the timeframe or it may elect to have Data Ticket send a "time expired letter" rejecting the appeal 1st Level Review Disposition Letters $0.85 per letter
• Data Ticket will send a custom disposition letter to the Appellant via 1st Class Mail • All letters are attached to the citation online and are viewable via the web • Disposition letters will be sent Monday - Friday
2nd Level Hearing Hold, Scanning and Scheduling of Hearing $0.50 per citation • Data Ticket will review all documentation received by the Appellant and determine whether the request received within the required timeframe
• If the request was received within the required timeframe, Data Ticket's Adjudication Department will place the citation on an Administrative Hearing Request Hold and scan all received documentation into the Solution so that it is displayed on the web for the Agency's Staff and the Hearing Officer
• If the request is received outside the required timeframe, the Agency will have the option to proceed as though the request was received within the timeframe or it may elect to have Data Ticket send a "time expired letter" rejecting the appeal • Data Ticket will work with the designated Hearing Officer to schedule the Hearing based on either a pre-determined schedule or an ad hoc basis, depending on the Agency's s~ ule 2nd Le earing Officer - Optional 85.oo per hour
• Data Ticke • dependent, certified, insured hearing officers will b ovided to the to perform in-person, phone ritten hearings
• Each hearing request will viewed, heard _Q!...!ea , and all required research will be performed -------
• The Hearing Officer will enter • agment 1 :a..t e Citation Processing System for viewing by the Agency, Appellan • Data Ticket
• Hearings will c eduled
• The Agency will incur costs associated with mileage as defined by eral guidelines • Data Ticket will work with the Agency to arrange for the use of a confere e room at a Agency location or the Agency may elect to have citations heard at a centralized loca • within the County
2nd Level Hearing Schedule & Disposition Letters $0.85 per letter • Data Ticket will send a custom disposition letter to the Appellant via 1st Class Mail • All letters are attached to the citation online and are viewable via the web • Disposition letters will be sent Monday - Friday
s IP c1 ::! e
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PROPRIETARY AND CONFIDENTIAL INFORMATION

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DATA ■ TICKET inc.
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]

PROPOSAL FOR THE CITY OF LIVINGSTON
• Acceptance and Scanning of Indigent Payment Plan Requests (Approval/Denial by Data Ticket) $5.00 per request
OR
• Accepting and Scanning of Indigent Payment Plan Requests (Approval/Denial by City) $2.00 per request
AND
• Indigent Payment Plan/Denial Letters
Additional Correspondence
• Printing & Sending daily
• Electronic attachment to the citation
• Windowed #10 envelope and return #9 envelope
Joint/ Escrow Banking Services - Optional
Services for the above-mentioned item include:
• Daily deposits of funds to the Agency's escrow account $0.85 per letter
$0.85 per letter
$150.00 per month
• Online, real-time reconciliation reports that tie directly to the bank statement • Processing of all credit card charge-backs and Insufficient Funds • Month-end reconciliation of all funds collected
• Disbursement of County / State Surcharges at month-end • Payment of Data Ticket's invoice
• Disbursement of the net remittance to the Agency
• Scanning of all payments directly to joint bank account daily using remote check deposit • The Agency will be responsible for the purchase of banking supplies, ir.cluding checks and endorsement stamps; these fees typically run $200.00 per year Charge-backs and NSF's - Optional $5.00 per issued instance • Data Ticket will process credit card charge-backs and NSFs when notified of each occurrence • Once processed, Data Ticket will send a custom letter to the individual detailing the returned item and the amount due on the citation
Refunds - Optional $8.00 per issued instance
• Data Ticket will process refunds when notified of each need • In the event the Agency utilizes Joint Banking Data Ticket will verify, generate and send each refund due
• Refunds will be issued weekly
• Refunds will be sent via 1st Class Mail
Monthly Minimum $200.00
• A minimum fee of $200.00 will be charged on a monthly basis if services do not reach this level (not inclusive of the Joint/Escrow Banking Services fee) 611' a~ e PROPRIETARY AND CONFIDENTIAL INFORMATION
01/31/2024

Page 53 ends

DATA ■ TICKET inc.
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 • Phone
[email protected]

PROPOSAL FOR THE CITY OF LIVINGSTON
Cost Increases:

Postal Rate Increase Offset - If postal rates increase during the term of the agreement, fees to DTI shall be raised immediately to offset the effect of the actual postal rate increase.

CPI Increases - There will be NO CPI increases for the duration of the agreement. 71Page
01/31/2024

PROPRIETARY AND CONFIDENTIAL INFORMATION

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DATA ■ TICKET inc.
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]

PROPOSAL FOR THE CITY OF LIVINGSTON - SERVICES INCLUDED AT NO

ADDITIONAL COST
Online Access for the Agency's Patrons: Included
The Agency's Patrons will have the ability to perform the following functions online:
• View real-time citation(s) data
• Pay for a single or many citation(s).
• Request a 1st Level Administrative Review and attach up to three documents supporting their position
• Request a 2nd Level Administrative Hearing Request and attach up to three documents supporting their position
• Print a receipt
• View pictures of the citation taken by the issuing officer (if the Agency allows) Online Access for the Agency's Staff: Included
Access to the Agency's data is based on unique usernames and passwords assigned to each individual who requires access to the system. Data Ticket does not limit the number of individuals who have access to the system and the number and types of access can change at any point with a simple email request to Data Ticket.

Dependent on the access rights provided to each Agency Staff member, the following capabilities are available:
• View real-time citation(s) data, including pictures taken by the Issuing Officer • Accept payment via VISA, MasterCard, Discover and American Express credit/debit cards
• Accept payment via Cash, Check or Money Order
• Process NSFs and Refunds
• Reduce or increase violation amounts, dismiss citations, void citations and place a citation on hold
• Change citation data, including violations, date, time, plate, location, comments, make, model, color, registration expiration date and others • Perform Administrative Reviews online by entering the disposition directly online • Generate a time expired or letter of non responsibility for a citation in the adjudication process
• View the complete reason for the Review Request and supporting documentation provided by the Appellant directly online
• Edit Appellant information
• Upload disposition documents sent to the Agency via US Mail • Add a note to a citation and see all comments added to the citation • View the reason for the 2nd Level Administrative Hearing Request online and view the supporting documentation provided by the Appellant, directly online • Print a receipt with or without registered owner information SI Page
01/31/2024

PROPRIETARY AND CONFIDENTIAL INFORMATION

Page 55 ends

DATA ■ TICKET inc.
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]

PROPOSAL FOR THE CITY OF LIVINGSTON - SERVICES INCLUDED AT NO

ADDITIONAL COST
Reporting: Included
• Data Ticket offers 36 reports online as well as a Customized reporting application for our Clients to generate, print and re-print 24/7. We provide real-time reports that can be generated for any timeframe required and we provide pre-processed/month-end reports that reflect the month-end view of data.
• All reports are available online and because we do not purge data unless specifically requested to do so by a Client, the data is available as long as the Agency is a Client. • All reports are generated in HTML so our Clients can copy and paste the data into Excel for data manipulation purposes.
• If the Agency were to request a report that was not already available, Data Ticket would work with the Agency to design the report and provide it to the Agency at no cost.

Manual Payment Processing: Included
• Manually received payments (checks, cash, money orders and credit card payments sent via US Mail) are received at our PO Box in Newport Beach where a bonded and insured courier picks up the mail daily and delivers it to our Newport Beach office • On-site Mail Department opens, sorts and batches the payments before providing them to our on-site Data Entry Department
• After double-blind entry of each payment, the citations are updated by our Quality Assurance team
• Payments are then provided to our Accounting Department where daily deposit slips are completed and provided to a bonded, insured courier who takes them to the bank Registered Owner Information: Included
• Registered owner information for all citations issued on California license plates • Turnaround time for acquisition of California registered owner information is same day • Registered owner information for all citations issued on out of state license plates • Data Ticket is a recognized Strategic Partner with NLETs and has access to registered owner information nationwide through the NLETs service • Access to this system requires the use of the County's ORI for tracking purposes only; Data Ticket will utilize its own ORI for actually acquiring the out of state data • Turnaround time for acquisition of out of state registered owner information using NLETs is same day
CA DMV Holds and Releases: Included
• California OMV Holds and Release performed daily via an online connection • Holds and releases can also be performed real-time, upon request • Citation amounts placed on hold are updated daily in the event a partial payment is made
91Pngc
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PROPRIETARY AND CONFIDENTIAL INFORMATION

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DATA ■ TICKET inc.
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]

PROPOSAL FOR THE CITY OF LIVINGSTON - SERVICES INCLUDED AT NO

ADDITIONAL COST
Customer Service: Included
• Data Ticket provides a live, bi-lingual, on-site Customer Service Department that is fully trained to answer questions related to citation issuance, payment, adjudication, fix-it tickets, sign-offs, FTB, advanced credit reporting collections and more • All calls are recorded to quality assurance and recordings can be sent to the Agency at any time for review.
• Data Ticket's IVR is bi-lingual and accessible via several toll-free numbers; the IVR provides real-time information to the caller regarding current status, including the amount due
• The IVR accepts VISA, MasterCard, Discover, and American Express Web Presence: Included
• Data Ticket's Solution is 100% web-based and Section 508 Compliant and is provided at: www.CitationProcessingCenter.com; this is a generic website in the sense that it is not Agency branded. This website allows for the Agency and the Agency's Patrons to access citations online
• If the Agency prefers to have an Agency branded website, one in which the look and feel mimics that of the Agency's website, Data Ticket can and will provide this feature to the Agency.

Conversion: Included
• Data Ticket will convert the citations currently with the Agency's existing vendor at no cost to the Agency
• Citations that have not had a payment and do not have a registered owner will immediately be sent to the appropriate OMV so as to obtain a registered owner IOjPc1gc
01/31/2024

PROPRIETARY AND CONFIDENTIAL INFORMATION

Page 57 ends

DATA ■ 'TICKET inc.
2603 Main Street, Suite 300
Irvine, CA 92614
949 428-7241 - Phone
[email protected]

PROPOSAL FOR THE CITY OF LIVINGSTON- FEES ASSESSED TO THE PATRON Credit / Debit Card Processing $3.50 per transaction
• Data Ticket is PCI Compliant and provides for the ability to pay via Visa, MasterCard, Discover, and American Express on our website, www.CitationProcessingCenter.com, via our toll-free, bi-lingual Customer Service Representatives, and via our toll-free, bilingual IVR Solution • There is no charge to the Agency for credit/ debit card processing; however, the Patron is charged $3.50 per transaction; this means the Patron can pay for a single or many citations at once and incur a single $3.50 fee
Payment Plan Processing $15.00 per transaction
• An administrative fee will be assessed to Patrons who wish to participate in a payment plan
• This fee will cover the cost of the payment plan initiation, and the cost of a confirmation letter that is sent to the Patron confirming the details of the payment plan • The Agency will have the ability to determine whether Payment Plans are accepted and, if so, what the parameters for payment will be
Credit Card Chargeback Processing $33.50 per transaction • If a chargeback occurs, a fee will be charged to the Patron for the processing of the chargeback
• No fee will be charged to the Agency
lllP,1~0
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PROPRIETARY AND CONFIDENTIAL INFORMATION

Page 58 ends

AGREEMENT FOR PROCESSING

OF PARKING AND ADMINISTRATIVE CITATIONS
This Agreement is entered into by and between Turbo Data Systems, Inc. (TDS), a California Corporation, and the City of Livingston, (hereinafter collectively referred to as "Customer").

Whereas, TDS and the Customer desire to enter into an agreement whereby TDS will process parking and administrative citations and provide mobile ticketwriters for the Customer pursuant to the terms and conditions set forth herein.

In consideration ofthe mutual covenants, conditions, representations and warranties contained herein the parties hereby agree as follows:

1. PURPOSE. The purpose of this Agreement is for TDS to process parking and administrative citations and provide mobile ticketwriters for the Customer in a timely manner.

2. SCOPE OF SERVICES. When and as directed by the Customer, TDS shall perform the following services in processing all parking citations:

See Attached EXHIBIT A- SCOPE OF SERVICES

3. TERM. This agreement shall become effective for a period of five years, starting April 1, 2024 and ending March 31, 2029. This agreement may be renewed after that with written amendments signed by both parties.

4. CONSIDERATION. In consideration for services performed by TDS as provided in this agreement, Customer shall pay TDS pursuant to the terms set forth in the Proposals for Parking Citation Processing, Administrative Citation Processing & Mobile Enforcement Services submitted to the City of Livingston on February 29, 2024 and March 7, 2024 respectively, which are attached hereto and incorporated herein by this reference.

5. PAYMENT OF FEES. Charges determined on the basis set forth in the Proposals shall be billed on a monthly basis in arrears and payment therefore shall be made within fifteen (15) days after submission of each separate invoice.

6. ACCOUNTING RECORDS. Records of the citations processed by TDS shall be available for examination by the Customer or its authorized representative(s) at a time agreeable to the Customer and TDS within one week following a request by the Customer.

7. TIME OF PERFORMANCE. Time is of the essence, and TDS shall perform the services required by this agreement in an expeditious and timely manner so as not to unreasonably delay the purpose of this agreement as set forth in Sections 1 and 2.

8. INDEPENDENT CONTRACTOR. At all times during the term of this agreement, TDS shall be an independent contractor and shall not be an employee of the Customer. The Customer shall have 1

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AGREEMENT FOR PROCESSING

OF PARKING AND ADMINISTRATIVE CITATIONS
the right to control TDS only insofar as the results of TDS's services rendered pursuant to this agreement; however, Customer shall not have the right to control the means by which TDS accomplishes the services rendered pursuant to this agreement.

9. FACILITIES AND EQUIPMENT. TDS shall, at its own cost and expense, provide all facilities and equipment that may be required for performance of the services required by this agreement.

10. INDEMNIFICATION BY TDS. TDS agrees to defend, indemnify, hold free and harmless the Customer, its elected officials, officers, agents and employees, at contractor's sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the Customer, its elected officials, officers, agents and employees arising out of the performance of the contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the Customer, its elected officials, officers, agents and employees based upon the work performed by the contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.

Notwithstanding the foregoing, the contractor shall not be liable for the defense or indemnification of the Customer for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the Customer. This provision shall supersede and replace all other indemnity provisions contained either in the Customer's specifications or contractor's proposal, which shall be of no force and effect.

11. INDEMNIFICATION BY CUSTOMER. TDS shall use due care in processing work of the Customer. Any errors shall be corrected by TDS at no additional charge to the Customer. TDS shall be entitled to reimbursement from the Customer for any expenses incurred by TDS for the correction of any erroneous information provided by the Customer and TDS shall not be responsible for Customers' losses and expenses resulting from erroneous source materials provided by the Customer. Neither party shall be liable to the other for any indirect or consequential losses or damages resulting from any errors within the scope ofthis Section 11.

12. FAIR EMPLOYMENT PRACTICES/EQUAL OPPORTUNITY ACTS. In the performance of this agreement, TDS shall comply with all applicable provisions of the California Fair Employment Practices Act (California Labor Code Sections (410 et seq.) and the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e 217), whichever is more restrictive.

13. AGENCY. Except as Customer may specify in writing TDS shall have no authority, expressed or implied, to act on behalf of the Customer in any capacity whatsoever as an agent. TDS shall 2

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AGREEMENT FOR PROCESSING

OF PARKING AND ADMINISTRATIVE CITATIONS
have no authority, expressed or implied, pursuant to this agreement to bind Customer to any obligation whatsoever.

14. CHANGES IN LAW. Should there be any changes in the law applicable to the processing of parking or administrative citations which would require material changes in the method of the processing as contemplated in this agreement, or materially reduce or eliminate the amount of revenue received by the Customer from citations, this agreement shall terminate on the date such law becomes effective, provided either party gives sixty (60) days' notice of termination.

Any changes in the processing of parking violations as a result of changes in the law or DMV regulations affecting such violations, which do not materially add to the cost of processing such citations by TDS shall be implemented by TDS at the request of the Customer, provided however, that the cost of such implementation does not exceed the fee paid to TDS for performing such services. If any such change results in the cost of processing citations exceeding the amounts provided for in Section 4 and the Customer declines to amend this agreement to provide for the payment of such increased costs, the agreement shall terminate as of the effective date of the change in the law or regulations.

15. OWNERSHIP OF SOFTWARE. Customer acknowledges that the software and software programs used by the Customer or used for the Customer's benefit which were developed by TDS are the sole property of TDS and the Customer obtains no right or interest in the software by virtue of this agreement.

16. OWNERSHIP OF DOCUMENTS. All citations, electronic and handwritten; reports; electronic storage media; and other documents, including copies and reproductions assembled or prepared by TDS or TDS' agents, officers, or employees in connection with this Agreement, shall be the property of the Customer and shall be delivered to the Customer upon either the completion or termination of this Agreement.

17. FORCE MAJEURE. Neither party shall be responsible for delays or failure in performance resulting from acts beyond the control of such parties. Such acts shall include, but are not limited to, Acts of God, strikes, riots, acts of war, epidemics, fire, communication line failure, earthquakes or other.disasters.

18. TERMINATION. This agreement may be terminated by either party upon ninety (90) days written notice. At such time, TDS agrees to provide Customer, in computer readable form, a copy of all data files to service its citations.

19. NOTICE. Whenever it shall be necessary for either party to serve notice on the other respecting this agreement, such notice shall be served by certified mail addressed to:

TDS: Turbo Data Systems, Inc.
1551 N Tustin Avenue Suite 950
3

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AGREEMENT FOR PROCESSING

OF PARKING AND ADMINISTRATIVE CITATIONS
CUSTOMER:

Santa Ana CA 92705
Roberta J. Rosen, President
City of Livingston
1416 C Street
Livingston CA 95334
John Ramirez, Acting Chief of Police
unless and until different addresses may be furnished in writing by either party to the other, and such notice shall be deemed to have been served within seventy-two (72) hours after the same has been deposited in the United States Post Office by certified mail. This shall be valid and sufficient service of notice for all purposes.

20. EXTENT OF AGREEMENT. This agreement represents the entire and integrated agreement between Customer and TDS and supersedes any and all prior negotiations, representations or agreements, either written or oral. This agreement may be amended only by written instrument signed by both Customer and TDS. This agreement may only be assigned with the express written consent of each of the parties hereto. In the event that any provision hereof is deemed to be illegal or unenforceable, such a determination shall not affect the validity or enforceability of the remaining provisions hereof, all of which remain in full force and effect.

21. LITIGATION COSTS. If any legal action or any other proceeding is brought to enforce the terms of this agreement, or because of an alleged dispute, breach, or misrepresentation in the connection with any of the provisions of this agreement, the successful or prevailing party or parties shall be entitled to recover their reasonable attorneys' fees and other costs incurred in that action or proceeding, including the costs of appeal in addition to any other relief to which it or they may be entitled.

22. INSURANCE. TDS, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to Customer, the insurance specified in this Agreement is satisfactory in all respects to Customer. TDS shall procure and maintain insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by TDS, its agents, representatives, employees, or subcontractors. The limits of liability specified in this Section may be provided by any combination of primary and umbrella/excess liability insurance policies.

Minimum Limits of Insurance
TDS shall maintain limits no less than: General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required 4

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AGREEMENT FOR PROCESSING

OF PARKING AND ADMINISTRATIVE CITATIONS
occurrence limit. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Employer's Liability: $1,000,000 per accident for bodily injury or disease.

ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to Customer.

Verification of Coverage
TDS shall furnish certificates of insurance evidencing all the coverage required above, naming the Customer as additional insured. All required information is to be mailed to the address shown in the NOTICE section of the Agreement.

23. EFFECTIVE DATE OF THIS AGREEMENT. This agreement, made in duplicate, shall be effective from and after April 1, 2024.

Executed on this_ day of _________ _, 2024.

CITY OF LIVINGSTON
By: __________ _
Name/Title:, _______ _
Date: __________ _
TURBO DATA SYSTEMS, INC.

By: ________ _
Roberta J. Rosen
President
5

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AGREEMENT FOR PROCESSING

OF PARKING AND ADMINISTRATIVE CITATIONS
EXHIBIT "A"

SCOPE OF SERVICES
TDS shall perform the following services in processing all Parking Citations:

A. Basic Processing-TDS will enter manual citations and citation dispositions into Customer's database within 2 business days. The basic service includes database maintenance, daily system backups, tollfree phone number for the public, Interactive Voice Response System (IVRS) with customized recorded information and citation lookup capability, pticket.com web-based Inquiry System for the public with customized content, Customer Service Representatives {8:00 am - 5:00 pm, Monday through Friday, excluding holidays) to speak with the public regarding parking citation issues, ongoing Client support, and documentation and training for use of the TDS-provided on line system.

B. Handheld Ticket writer Interface - TDS will provide for automated import of electronic citations into Customers database within 1 business day. TDS will maintain and update the hot sheet or scofflaw files on a daily basis for Customer to upload into their handheld ticket writers. TDS will work with Customer to implement any changes required for handheld ticket writer equipment.

C. System and Document Storage - Citations paid or dismissed will be retained on the computer system for 3 years and then removed. Unpaid citations will be retained on the computer system for 5 years and then removed. Citation documents will be stored for 2 years from date of issue and then returned to Customer or shredded. Payment documents will be stored for 2 years from the date of payment and then returned to Customer or shredded.

D. Online Reporting- Provide monthly reports online indicating the status of all citations, such reports to be available for Customer access no later than the thirtieth {30th) day of the following month.

E. DMV Interface for Registered Owner Name Retrieval - Attempt to obtain names and addresses of registered owners of cited vehicles for those citations that have not been cleared prior to their notice generation date.

F. Notice Processing- Print the required Notice and mail to each registered owner whose name has been retrieved within 10 to 21 days after the citation has been issued. Includes second notices mailed for bounced checks, partial payments, and name or address changes. The notice date shall be extended whenever there is an unusual delay in delivery of information or citations to TDS. All postage, notice forms and envelopes will be provided by TDS.
6

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AGREEMENT FOR PROCESSING

OF PARKING AND ADMINISTRATIVE CITATIONS
G. DMV Interface for Placing Registration Holds - Transmit a Notice of Delinquency to the California DMV for vehicles with California license plates after a Notice of Violation has been mailed to the registered owner and TDS has not received notification that the citation has been cleared. This Notice of Delinquency will be transmitted to the California DMV within 2 business days after the date specified by the Customer to be the DMV Date.

H. DMV Interface for Releasing Registration Holds - Transmit a Notice to the California DMV that a Notice of Delinquency has been cleared within 2 business days after TDS has received notification of clearance.

I. DMV Interface for Monthly Payment File - Receive payment file from DMV as available (currently monthly) and update DMV transactions into Customers database, providing reporting for reconciliation purposes.

J. Delivery Service - Manual citations will be mailed or scanned to TDS by Customer at their own expense. TDS reports will be provided online. TDS will return any required documents via UPS and/or US Mail.

K. Collection and Payment Processing- TDS will provide the following collection and payment processing services for Customer:
• Provide P. 0. Box where payments are mailed
• Courier pickup from P. 0. Box daily
• Open all mail
• Verify payment amounts and record on computer system within 2 business days (48 hours) • Respond to reasonable non-judicial public inquiries by phone and mail • Return questionable mail to Customer for decision
• Make bank deposits to Customer bank account using check scanning • Verify amounts deposited, by citation number
• Provide toll-free number for citizen inquiries
• Provide weekly reports for bank statement reconciliation • Provide monthly Paid Citation Distribution Report for Customer to make surcharge payments to the County
• Scan checks and deposit parking funds (remote deposits) into Customer's bank account.

Checks never leave our facility. Check scanning hardware and software is provided by Customer for its specific banking requirements.
• Contractor does not charge for remote deposits; however, the financial institution may charge a fee, which is the responsibility of the Customer. • Customers not set up for bank check scanning will incur additional courier fees of $200 per month.
7

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AGREEMENT FOR PROCESSING

OF PARKING AND ADMINISTRATIVE CITATIONS
L. Out of State Citations - TDS shall process citations for non-California license plates by entering the citation information into the system database and reporting them along with all other citations on the database with the standard reports. If they become delinquent, requests for registered owner information will be sent to the appropriate out-of-state DMV. The Notice of Intent will be generated to the registered owner and the fine amount requested. TDS will incur all costs for out of state name retrieval, including out-of-state DMV fees and charges. TDS will receive payment from Customer based on the amount of revenues collected from out-of-state citations after the Notice of Intent has been issued. This amount will be billed monthly for the prior months' receipts (as determined from our database and/or reports). Payments collected via credit card will also incur credit card fees.

M. IVR and Web Payment Systems - Payment by Credit Card - Through the Interactive Voice Response (IVR) System, and through the pticket.com web site, we accept credit card payments via Visa, MasterCard and Discover. The systems authorize each transaction while the caller is on the phone or online. Customers are given an authorization number or email confirmation to confirm their charge. The IVR system and the pticket.com web payment system both automatically update the citation database with the payment immediately. Credit Card monies are paid to a Turbo Data Systems bank account and are reconciled monthly. Each customer receives their own credit card postlog which shows in detail which citations were paid and for what amount, along with the deposit slip from the bank or the ACH deposit email showing that these funds have been deposited into the customer's account. Should there be any charge backs to a merchant account, the funds are pulled directly from the Turbo Data master account and the citation will be reactivated, much like a bounced check. The violator will be sent a notice and will then proceed to DMV hold. TDS will provide all services regarding reconciliation, reactivation of charge backs, etc. Customer will not be involved in the daily processing.

N. Administrative Adjudication Processing - TDS will provide for the processing of requests for contesting citations, allowing for Customer processing of administrative reviews, tracking and monitoring all relevant dates on an automated system, mailing timely notification to respondents regarding the status of their claims, and scheduling of administrative hearings. All Administrative Adjudication information entered into the system is done in real time and is linked to existing database information to ensure proper tracking of relevant dates, mailing names and addresses and other pertinent information. Administrative Review requests will be entered within 2 business days of receipt.

Adjudication documents will be stored for 2 years from their activity date and then shredded. 8

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AGREEMENT FOR PROCESSING

OF PARKING AND ADMINISTRATIVE CITATIONS

0. Paperless Appeals (eAppealsPRO & Scanning) - TDS will provide online appeal capability for the public to appeal their citations online. TDS will provide the scanning of all mailed-in appeal documents and electronic storage of those documents. TDS will provide an online application to access the appeals, which will be searchable and sortable. TDS will keep an electronic history of processed appeals for at least two years.

P. Online Inquiry Access for Customers' Staff-Access includes online access 24 hours a day, 7 days a week for Agency personnel to inquire on Customer's database. This access includes citation inquiry (includes citation status, history status, administrative adjudication status, notes, etc.), the ability to enter and view notes, post dismissals/payments, view daily deposits made at TDS' facility and view daily file transfers sent from the hand held ticket writer software and received at TDS' facility. TDS' technical staff will provide support. TDS will provide a real-time secured high-speed connection to the citation database through the Customers' Internet connection.

Q. Additional Notices- TDS will mail Other Correspondence as required for processing.

R. ICS Collection Service - Special Collections - Outstanding citations (DMV No-Holds or DMV Transfer of Ownership Releases or Non-California plates) and any other citations deemed as delinquent citations by Customer are transferred into the ICS system on a weekly basis. Up to two collection letters will be mailed for each ICS account requesting payment. Payments are processed daily and deposited to the Customer's regular citation processing bank account. The TDS Customer Service Center will handle all JCS related calls through a special toll-free number dedicated to ICS accounts.

Monthly reporting shows all accounts moved to the JCS system and all payments received due to JCS efforts.

S. Franchise Tax Board Offset Program-TDS will combine citations by license numberfortotal amount due, eliminate corporate names, retrieve SSN's by name from a 3rd party, combine accounts by SSN, mail required FTB letters in advance of placing accounts at FTB, process payments generated by the FTB process, receive phone calls generated by the FTB process, provide all systems and operational procedures required for the FTB process, and provide complete reporting and reconciliation for the FTB process. Customer will be required to complete required FTB paperwork and forms (with TDS' assistance), establish a SWIFT account with the FTB, and provide whatever assistance may be required to work with the FTB regarding the FTB process. 9

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AGREEMENT FOR PROCESSING

OF PARKING AND ADMINISTRATIVE CITATIONS
T. Payment Plans - The Contractor will have a payment plan system in place to comply with all legislation. The plan will allow for waivers, when necessary, for indigent and non-indigent individuals. Plan requests will be submitted to the Customer for review/approval/denial. The Contractor will mail correspondence to let the applicant know the status of their payment plan application and other details. Payment Plans allow the agency to waive fees for indigent persons, adjust the length of the plan and set minimum payments due. lfa plan defaults prior to full payment, the system automatically resumes the citation process (DMV, Collections, etc.). The Contractor will provide customized agency specific information for indigent payment plans on pticket.com.

U. Bank Account Management {optional)
TDS will open a trust account in the name of the Agency to receive parking deposits for all parking citation monies. TDS will handle any NSF checks from this account and reactivate the citations. TDS will process any required refund checks. TDS will send a monthly surcharge check to the county based on reporting. TDS will pay their own invoice monthly and write a check to the Agency monthly for the balance of the funds. TDS will reconcile the account monthly and provide documentation to Agency of reconciliation.

V. Handheld Ticketwriters - ticketPRO Magic
TDS will provide ticketPRO Magic Units and citations and envelopes as required at the pricing then in effect. TDS will provide maintenance and support for the Automated Citation Issuance System and the Field Units. RemoteConnect Support is provided for devices while in the field. TDS will provide a data plan with unlimited voice/text messaging for field units. Software upgrades are provided as newer versions become available. Support via email is provided for support requests and for reporting software/hardware issues.
10

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AGREEMENT FOR PROCESSING

OF PARKING AND ADMINISTRATIVE CITATIONS
TDS shall perform the following services in processing all Administrative Citations:

A. Basic Processing-TDS will enter manual citations including the name and address of the responsible party from the citation and citation dispositions into Customer's database within 2 business days.

The basic service includes database maintenance, daily system backups, Interactive Voice Response System {IVRS) with customized recorded information and citation lookup capability, pticket.com web-based Inquiry System for the public with customized content, ongoing Client support, and documentation and training for use of the TDS-provided online system. Municipal Administrative citations are scanned to us and then entered manually. Images of the citations are available on line for viewing.

B. Automated Entry of Administrative Citations - TDS will provide for automated import of electronic citations into Customers database within 1 business day. TDS will work with Customer to implement any changes required for hand held ticket writer equipment.

D. Online Reporting - Provide monthly reports online indicating the status of all citations, such reports to be available for Customer access no later than the thirtieth (30th) day of the following month.

E. Notice Processing - Print the required Notice and mail to each responsible party within a City determined number of days after the citation has been issued. Includes second notices mailed for bounced checks, partial payments, and address changes. The notice date shall be delayed if there is an unusual delay in delivery of information or citations to TDS. All postage, notice forms and envelopes will be provided by TDS.

F. Delivery Service - Manual citations will be mailed or scanned to TDS by Customer at their own expense. TDS reports will be provided on line. TDS will return any required documents via US Mail.

G. Collection and Payment Processing- TDS will provide the following collection and payment processing services for Customer:
• Provide P. 0. Box where payments are mailed
• Courier pickup from P. 0. Box daily
• Open all mail
• Verify payment amounts and record on computer system within 2 business days (48 hours) 11

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AGREEMENT FOR PROCESSING

OF PARKING AND ADMINISTRATIVE CITATIONS
• Respond to reasonable public inquiries by phone and/or mail • Return questionable mail to Customer for decision
• Verify amounts deposited, by citation number
• Scan all checks into remote deposit software of Agency's bank account- electronic deposits • Store and periodically destroy checks as required
• Provide reports for bank statement reconciliation
• TDS does not charge for remote deposits; however, the financial institution may charge a fee, which is the responsibility of the Customer.
• Customers not set up for bank check scanning will incur additional courier fees of $200 per month.

H. Web Payment System - Payment by Credit Card - Through the pticket.com web site, we accept credit card payments via Visa, MasterCard and Discover. The system authorizes each transaction while the customer is online. Customers are given an email confirmation to confirm their charge. The pticket.com web payment system automatically updates the citation database with the payment immediately. Credit Card monies are paid to a Turbo Data Systems bank account and are reconciled monthly. Each customer receives their own credit card postlog which shows in detail which citations were paid and for what amount, along with the deposit slip from the bank or the ACH deposit email showing that these funds have been deposited into the customer's account. Should there be any charge backs to the merchant account, the funds are pulled directly from the Turbo Data master account and the citation will be reactivated, much like a bounced check. The violator will be sent a notice and will then proceed to further collections. TDS will provide all services regarding reconciliation, reactivation of charge backs, etc. Customer will not be involved in the daily processing.

I. Administrative Adjudication Processing Service - TDS will provide for the processing of requests for contesting citations, and tracking and monitoring all relevant dates on an automated system. All Administrative Adjudication information entered into the system is done in real time and is linked to existing database information to ensure proper tracking of relevant dates, mailing names and addresses and other pertinent information. Hearing requests will be entered within 2 business days of receipt.

Adjudication documents will be stored for 2 years from their activity date and then shredded.

J. Administrative Adjudication Hearings -TDS will schedule the City's independent hearing examiner to conduct hearings in person, in writing and over the phone. City will provide in person hearing location.

K. Online Inquiry Access for Customers' Staff- TicketPROWeb Access includes online access 24 hours a day, 7 days a week for Agency personnel to inquire on Customer's database. This access includes citation inquiry (includes citation status, history status, administrative adjudication status, notes, 12

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AGREEMENT FOR PROCESSING

OF PARKING AND ADMINISTRATIVE CITATIONS
etc.), the ability to enter and view notes, post dismissals/payments, and view daily deposits made by TDS. TDS' technical staff will provide support. TDS will provide access to the citation database through the Customers' Internet connection.

L. Additional Notices - TDS will mail Other Correspondence as required for processing.

M. ICS Collection Service - Special Collections - Citations remaining outstanding ninety days after becoming delinquent and any other citations deemed as delinquent citations by Customer are transferred into the ICS system on a weekly basis. Up to two collection letters will be mailed for each ICS account requesting payment. Payments are processed daily and deposited to the Customer's regular citation processing bank account. The TDS Customer Service Center will handle all lCS related calls through a special toll-free number dedicated to ICS accounts. Monthly reporting shows all accounts moved to the ICS system and all payments received due to ICS efforts.

N. Franchise Tax Board Offset Program - TDS will combine citations by responsible party for total amount due, eliminate corporate names, retrieve SSN's by name from a 3rd party, combine accounts by SSN, mail required FTB letters in advance of placing accounts at FTB, process payments generated by the FTB process, receive phone calls generated by the FTB process, provide all systems and operational procedures required for the FTB process, and provide complete reporting and reconciliation for the FTB process. Customer will be required to complete required FTB paperwork and forms. (with TDS' assistance), establish a SWIFT account with the FTB, and provide whatever assistance may be required to work with the FTB regarding the FTB process. Customer will pay the FTB directly for their offset services.

0. Bank Account Management-(optional)TDS will open a trust account in the name of the Agency to receive parking deposits for all administrative citation monies. TDS will handle any NSF checks from this account and reactivate the citations. TDS will process any required refund checks. TDS will pay their own invoice monthly and write a check to the Agency monthly for the balance of the funds.

TDS will reconcile the account monthly and provide documentation to Agency of reconciliation. This account may be joined with the parking citation trust account in the event that one exists.

P. Handheld Ticketwriters - ticketPRO Magic
TDS will provide ticketPRO Magic Units and citations and envelopes as required a! the pricing then in effect. TDS will provide maintenance and support for the Automated Citation Issuance System and the Field Units. RemoteConnect Support is provided for devices while in the field. TDS will provide a data plan with unlimited voice/text messaging for field units. Software upgrades are 13

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AGREEMENT FOR PROCESSING

OF PARKING AND ADMINISTRATIVE CITATIONS
provided as newer versions become available. Support via email is provided for support requests and for reporting software/hardware issues.
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AGREEMENT FOR PROCESSING

OF PARKING AND ADMINISTRATIVE CITATIONS

PROPOSAL FOR PARKING CITATION PROCESSING & MOBILE ENFORCEMENT SERVICES AND

PROPOSAL FOR ADMINISTRATIVE CITATION PROCESSING,

COLLECTION & MOBILE ENFORCEMENT

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PROPOSAL FOR
Parking Citation Processing &
Mobile Enforcement Services
Submitted by: Submitted to:

City of
Livingston
California
CONFIDENTIAL INFORMATION DISCLAIMER:

This proposal contains certain confidential and valuable information in the form of ideas, know-how, concepts, processes, plans and trade secrets that belong to Turbo Data Systems, Inc. In accordance with the California Public Records Act, this confidential information shall not be disclosed outside the agency and shall not be duplicated, used, or disclosed in whole or in part for any purpose except in the procurement process. Confidential information contained in this documentis noted on each applicable page or image, Serious and irreparable competitive disadvantage in future procurements could result from the release of any confidential information contained in this proposal. Please notify us immediately, in writing, if there is a request for disclosure of any confidential information, so that we will have an opportunity to participate in any disclosure discussions.

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1 uroo uata !)ystems, Inc. Llty or uvmgston •
Contents
Parking Processing Management .................................................................................................................................... 2

1. Electronic and Manual Parking Citations .......................................................................................................................... 2

2. ticketPRO Platform Hosting& Maintenance .................................................................................................................... 2

3. Reminder Notices (Notice of Violation) ............................................................................................................................ 2

4. Other Correspondence, Notices and Letters .................................................................................................................... 2

5. Initial Review and Hearing Notices/Letters ...................................................................................................................... 2

6. Paperless Appeals ............................................................................................................................................................. 2

7. Payment Plan Processing .................................................................................................................................................. 2

8. Out-of-State Collections ................................................................................................................................................... 3

9. ICS Delinquent Collections ................................................................................................................................................ 3

10. Franchise Tax Board Collections ................................................................................................................................... 3

11. Credit Card Payments (Internet and Phone/lVR) ......................................................................................................... 3

12. Banking Options -Agency may Choose from the following: ........................................................................................ 3

13. Hearing Examiner Services - Parking Citations ............................................................................................................ 3

14. Postal Rate Increase Offset .......................................................................................................................................... 4 ticketPRO Mobile Enforcement ....................................................................................................................................... 5 ticketPRO nFORCER-11 ALL-IN-ONE (Option 2) .................................................................................................................. 6 ticketPRO nFORCER-11 Accessories and options ................................................................................................................ 7 Parking Tickets Printed Media ........................................................................................................................................ 7 Pagell Thursday February

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29, 2024
I uroo uata ::,ystems, Inc. Llty OT LIVI ngston
Parking Processing Management

1. Electronic and Manual Parking Citations $0.50 - Electronic $0.70 - Manual
• Entry of all citations .
• Citation dispositions (bounced checks, payments, extensions, etc.) • DMV interface (r/o retrieval and placing and releasing registration holds) • Toll-free telephone number (for public access) 0 Multi-lingual interactive voice response system (IVR) • Customer services representatives (8 am - 5 PM, Mon - Fri, excluding holidays) • Daily pick up of payments and other documents from a TDS provided P.O. box . 0 Scan and remote deposit checks into agency's bank account. • pticket.com web pages customized for the agency .
• Database maintenance and daily system backups .
• Secure, cloud access for agency staff to citation database . 0 Documentation and training for use ofTDS provided online system. • Ongoing client support and training .

2. ticketPRO Platform Hosting & Maintenance $300/month
• Cloud Hosting .
• Security and PC! Compliance .
• Provides ongoing support and maintenance of hosting platforms . • Provide Testing/Staging environment for early software releases . • Online training for Mobile App and backend .
• RMS system export - if available and supported by vendor . • Electronic storage and archival of captured images .
• Scheduled shift-summary reporting and on-demand reports . • Access to ticketPRO WEB and TPMViewer backend Web interface .

3. Reminder Notices (Notice of Violation) $0.90 per notice Includes all forms, envelopes, return envelopes and printing. Reminder notices are mailed 21 days after issuance or per agency timeline. Includes first class postage.

4. Other Correspondence, Notices and Letters $0.90 per notice Includes all forms, envelopes, and printing. NSF letters, partial payments, name, and address changes, drive away notice, etc. Includes first class postage. (Excludes FTB and ICS notices)

5. Initial Review and Hearing Notices/Letters $0.90 per notice TDS mails all initial review results letters, hearing notification letters and hearing result letters as required. All forms, envelopes and printing are included with the mailing. Includes first class postage.

6. Paperless Appeals $1.25 per appeal
This service allows for online submitted appeals and a 100% PAPERLESS appeal system. All mailed-in appeals are scanned into the system and are reviewable by Agency staff using the eAppeals PRO online review system. All appeals are in the same place, and the documentation is saved electronically. A complete history of all appeals, results, and who made the decisions, etc., is always available on line for the Agency. Includes Hearing services, scheduling, and coordination. Documents for Court provided to agency when required.

7. Payment Plan Processing $5.00 per Plan
The payment plan supports ABS03 legislation. All payment plan letters will be at the "Correspondence" rate.

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I uroo LJata ~ystems, Inc. ucy or uv1ngs1on

8. Out-of-State Collections 25% of amount
collected
TDS absorbs costs to retrieve out of state registered owner information. NLETS electronic access for out-of-state license plates.

9. ICS Delinquent Collections 25% of amount
collected
Applies to citations that are past DMV registration hold. Additional penalties applied, and up to two letters mailed from Innovative at no cost to the Agency. Includes taking toll-free phone calls from ICS customers and other follow-up efforts. Payments collected at DMV will not be billed this fee.

Cost recovery option available

10. Franchise Tax Board Collections $2 Per Account Letter +15% of amount paid
TDS pursues otherwise uncollectible accounts by retrieving social security numbers from a third party, mailing required pre-intercept letters, and then sending the accounts to the FTB to intercept any state tax refunds or lottery winnings. *This fee is subject to change each new FTB year.

Cost recovery option available

11. Credit Card Payments {Internet and Phone/lVR) No Charge to Agency A $3.95 convenience fee per citation paid will be charged to the public for this service. This fee covers the cost of ongoing maintenance, support, and enhancements of the web payment system, and includes daily and monthly reconciliation of all payments. (Fee subject to change).

12. Banking Options -Agency may Choose from the following:

Option 1: Remote (Scan) Check Deposits No Charge to Agency • Electronic deposits (scanning checks) into the Agency's existing bank account incur no monthly fee.
• Same day funding credit for bank deposits .
• Scanned check images available for investigations .

Option 2: TDS Bank Management $150/month plus bank
• Process all parking deposits into a separate account set up for the Agency . fees/supplies • Scanned check images available for investigations .
• $3.50 fee per NSF/Charge back and refund billed to Agency . • Write and send monthly surcharge check to the county based on reporting . • Write a check to TDS for services rendered .
• Reconcile the account monthly and provide monthly reconciliation of all activities in the account.
• Write a check to Agency monthly for the balance of the funds .

13. Hearing Examiner Services - Parking Citations Unavailable Each trip to the city for in-person hearings Unavailable TDS will provide an independent, fair, and impartial hearing examiner who will conduct phone, written, and in-person hearings. TDS agrees to perform the hearing examiner services at a date and time mutually agreed upon. Hearing examiners will comply with the training requirements for the position as outlined in California Vehicle Code Section 40215. TDS will ensure that hearings are completed in a timely manner, that decisions are rendered to uphold or deny each appeal and that all paperwork is completed.

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I uroo Uata ~ystems, inc. uty or uvingston

14. Postal Rate Increase Offset
If postal rates increase during the term of this agreement, fees to TDS shall be raised immediately to offset the effect of the postal rate increase.

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I urbo uata !)ystems, Inc. ury or uvmgsron
ticketPRO Mobile Enforcement
ticketPRO Magic 2-piece (Option 1)
ticketPRO Mobile Solution Option-1
This option is a complete solution that includes phone, printer, software, 4G data plan, support, and maintenance for a single monthly price per unit. Two printer options are available.

Initial One-time Fees Unit Cost
ticketPRO Mobile software setup and configuration: Initial setup and installation of software $100 per unit with agency specific information
60-Month Lease Monthly Rate
Monthly Lease Details - Rugged Smartphone/Printer Combo + Data Plan $120 per month per • Rugged android smart phone unit
• Bluetooth printer
• USB C Power Adaptor
• 4/SG data plan
• ticketPRO Mobile parking software
• Remote management software
• ticketPRO Mobile and RM software licenses
• Maintenance and support
• Zebra Printer Option; Add $15/month/unit .

Monthly Lease Details Rate
Smartphone: Rugged Samsung smartphone or equivalent I High-Res Camera I Military spec. MIL- Included 810G rated I Bluetooth I USB Charging I 4/SG LTE
Bluetooth Printer: TSC or Zebra Printer I Includes Lithium-Ion Battery I AC Charger I Belt Clip I 2 Included years Parts & Labor Warranty (lyear on printhead) I Configured to Agency's ticketPRO Mobile system I Additional accessories: spare battery, case with shoulder strap, charging dock (Zebra only) are available for purchase.

Managed 4/SG Voice and Data Plan Included
ticketPRO Mobile Software: Parking Software I Real-Time citation & photo transfer I Live Lookups Included for prior citations I Built-in LPR I ALPR interface I Electronic Chalking I GPS tracking I Live shared data between all devices I Interfacing with pay-stations, and payment by phone systems I Scofflaw and hotlist vehicle alerts
ticketPRO Mobile Software Annual License Included
Remote Management Software Maintenance and Support: Remote servicing and updates I Field Included support including remote-connect assistance I email support for Agency requests • Sales tax will be applied to all items listed.
• At the end of the monthly lease, all equipment will be returned to TDS in good working order. If equipment is not returned, the lease will revert to a month-to-month lease with 30 days' notice required prior to turning the equipment in. • Early Termination Fees will apply.
• Rugged Smartphone and printer hardware are subject to availability.

Disclaimer:

TDS may subscribe to various third-party software services for the purpose of automating input of information while writing the ticket. These services may include Google Maps, location services GPS, LPR services, andVIN lookups. TDS reserves the right, should these services terminate, to disable those services in the software. These services are integrated into the software for convenience and do not affect the issuance of citations.

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29, 2024
I urbo Uata !lystems, Inc. uty or uvmgston
ticketPRO nFORCER-11 ALL-IN-ONE (Option 2)
ticketPRO Mobile Solution Option-2 (All-in-one nFORCER-11 Print) This option is a complete solution that includes phone, printer, software, 4G data plan, support, and maintenance for a single monthly price per unit.

Initial One-time Fees
ticketPRO Mobile software setup and configuration: Initial setup and installation of software with agency specific information
60-Month Lease
Monthly Lease Details - Rugged Smartphone/Printer Combo+ Data Plan • All included, all-in-one rugged nFORCER-11 (smartphone + printer) • 4/SG data plan
• Docking power stations
• ticketPRO Mobile parking software
• Remote management software
• ticketPRO Mobile and RM software licenses
• Maintenance and support
Monthly Lease Details
Smartphone: Built-in rugged Samsung smartphone or equivalent I High-Res Camera I Bluetooth I USB Charging I 4/SG L TE
Printer: Built-in 3" printer.

Managed 4/SG Voice and Data Plan
ticketPRO Mobile Software: Parking Software I Real-Time citation & photo transfer I Live Lookups for prior citations I Built-in LPR I ALPR interface I Electronic Chalking I GPS tracking I Live shared data between all devices I Interfacing with pay-stations, and payment by phone systems I Scofflaw and hotlist vehicle alerts
ticketPRO Mobile Software Annual License
Remote Management Software Maintenance and Support: Remote servicing and updates I Field support including remote-connect assistance I email support for Agency requests • Sales tax will be applied to all items listed.

Unit Cost
$100 per unit
Monthly Rate
$145 per month per
unit
Rate
Included
Included
Included
Included
Included
Included
• At the end of the monthly lease, all equipment will be returned to TDS in good working order. If equipment is not returned, the lease will revert to a month-to-month lease with 30 days' notice required prior to turning the equipment in. • Early Termination Fees will apply.
• Rugged Smartphone and printer hardware are subject to availability.

Disclaimer:

TDS may subscribe to various third-party software services for the purpose of automating input of informationwhile writing the ticket. These services may include Google Maps, location services GPS, LPR services, andVIN lookups. TDS reserves the right, should these services terminate, to disable those services in the software. These services are integrated into the software for convenience and do not affect the issuance of citations.

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1 urbo uata !:iystems, Inc. L.lty or Livingston
ticketPRO nFORCER-11 Accessories and options
Item Description Price
1 !Single Dock with power supply $ 219.00
2 !Single Dock without power supply(used with quad base) $ 195.00 3 Quad Dock base only $ 365.00
4 Quad Dock base with docks $1,147.00
5 Hot swap Battery $ 138.00
6 Carry case $ 39.00
7 USB Car charger $ 50.00
8 USB AC Adapter $ 65.00
9 Hand strap $ 24.00
10 ~op Strap $ 24.00
Accessories
01argmg Cubie xi:
•
Car Charger
, Purse Hundle CanymgCase Shoulder Strep
One Position Chmgmg Dock Smgl~ Posmon On(k Pot;,·er Supply ~our Posmon Charging Dock Parking Tickets Printed Media
Citations and Envelopes
Unit Cost
TDS provides Standard or Custom citations and envelopes that are compatible with our Varies with size and ticketPRO Mobile solution. quantity ordered
All quoted prices are valid 60 days from the date submitted.

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29, 2024

BUDGETARY PROPOSAL FOR
Administrative Citation Processing
Collection & Mobile Enforcement
Submitted by:
..f-. • rh.,..,. -r A L i.-11 • ,,,._, ._, ,_,, /' ' u \ S'y'S J EMS
CONFIDENTIAL INFORMATION DISCLAIMER:

Submitted to:

City of
Livingston
California
This proposal contains certain confidential and valuable information in the form of ideas, know-how, concepts, processes, plans and trade secrets that belong to Turbo Data Systems, Inc. In accordance with the California Public Records Act, this confidential information shall not be disclosed outside the agency and shall not be duplicated, used, or disclosed in whole or in partforany purpose except in the procurement process. Confidential information contained in this document is noted on each applicable page or image. Serious and irreparable competitive disadvantage in future procurements could result from the release of any confidential information contained in this proposal. Please notify us immediately, in writing, if there is a request for disclosure of any confidential information, so that we will have an opportunity to participate in any disclosure discussions.

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I urbo uata !:>ystems, inc. L1ty or uvmgston
Contents
Administrative Citation Processing Management .................................................................................................................... 2 Basic Processing Fees: Electronic and Manual Parking Citations ......................................................................................... 2 Notices Mailing ..................................................................................................................................................................... 2 Other Correspondence, Notices and Letters ........................................................................................................................ 2 Payment Plan Processing ...................................................................................................................................................... 2 ICS Delinquent Collections .................................................................................................................................................... 2 Franchise Tax Board Collections ........................................................................................................................................... 2 Credit Card Payments (Internet and Phone/lVR) ................................................................................................................. 2 Banking Service: TDS Bank Management ............................................................................................................................. 3 Hearing Scheduling and Noticing-Administrative Citations (Optional) .............................................................................. 3 Postal Rate Increase Offset .................................................................................................................................................. 3 ticketPRO Mobile Enforcement ................................................................................................................................................ 4 ticket PRO nFORCER-11 ALL-IN-ONE LEASE OPTION ................................................................................................................... 4 ticketPRO Mobile Enforcement ................................................................................................................................................ 5 ticketPRO nFORCER-II Accessories and options .................................................................................................................... 5 Tickets Printed Media ........................................................................................................................................................... 5

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1 urbo uata ::,ystems, 1nc. uty or uvmgston
Administrative Citation Processing Management
Basic Processing Fees: Electrqnic and Manual Parking Citations $3.00/Electronic citation $5.00/Manual citation
Monthly Hosting fees for Basic Processing Fees $300 Monthly Hosting Basic Processing includes:
• Entry of all citations .
• Citation dispositions (bounced checks, payments, extensions, etc.) • Daily pick up of payments and other documents from a TDS provided P.O. box . • Scan and remote deposit checks into agency's bank account . • pticket.com web pages customized for the agency .
• Database maintenance and daily system backups .
• Secure, cloud access for a(iency staff to citation database . • Documentation and train mg for use ofTDS provided online system . • Ongoing client support and training .

Additional Services
Notices Mailing $0.95 per notice
Includes all forms, envelopes, return envelopes and printing. Up to two notices are mailed per agency timeline. Includes first class postage.

Other Correspondence, Notices and Letters $0.95 per notice Includes all forms, envelopes, and printing. NSF letters, partial payments, name, and address changes, etc. Includes first class postage. (Excludes FTB and ICS notices) Payment Plan Processing $5.00 per Plan
Standard payment plans are available. All payment plan letters will be at the "Correspondence" rate.

ICS Delinquent Collections 25% of amount collected
Collection will start based on an agency timeline. Additional penalties applied, and up to two letters mailed from Innovative at no cost to the Agency. Includes taking toll-free phone calls from ICS customers and other follow-up efforts.

Cost recoverv OQtion available
Franchise Tax Board Collections $2 Per Account Letter
+15% of amount paid
TDS pursues otherwise uncollectible accounts by retrieving social security numbers from a third party, mailing required pre-intercept letters, and then sending the accounts to the FTB to intercept any state tax refunds or lottery winnings. *This fee is subject to change each new FTB year.

Cost recovery option available
Credit Card Payments (Internet and Phone/lVR) No Charge to Agency A $4 fee (minimum) or 4% of the amount paid (whichever is greater), convenience fee per citation paid by the public. This fee covers the cost of ongoing maintenance, support, and enhancements of the web payment system, and includes daily and monthly reconciliation of all payments. (Fee subject to change).

Pagel2 Thursday,
Page
March
84 7, 2024
I uroo !Jata !:iystems, Inc. uty or uvingston
Banking Service: TDS Bank Management Reduced to $75 + bank fees/supplies
• Process all parking deposits into a separate account set up for Agency . Reduction applies if • Scanned check images available for investigations . bank management already set up for
• $5.00 fee per NSF/Charge back and refund billed to Agency . parking services. • Write a check to TDS for services rendered .
• Reconcile the account monthly and provide monthly reconciliation of all activities in the account.
• Write a check to Agency monthly for the balance of the funds .

Hearing Scheduling and Noticing-Administrative Citations (Optional) $1.55 per Letter • Send hearing notification letters for in-person, phone and/or zoom hearings . • Coordinate with city and city provided hearing examiner on dates/times . • Track hearings and reschedules in the ticketPRO system . • Send hearing result letters and process refunds when required .

Postal Rate Increase Offset
If postal rates increase during the term of this agreement, fees to TDS shall be raised immediately to offset the effect of the postal rate increase.

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I urbo uata !:,ystems, Inc. Llty or uvmgston
ticketPRO Mobile Enforcement
ticketPRO nFORCER-11 ALL-IN-ONE LEASE OPTION
ticketPRO Mobile Solution
This option is a complete solution that includes phone, printer, software, 4G data plan, support, and maintenance for a single monthly price per unit.

Initial One-time Fees Unit Cost
ticketPRO Mobile software setup and configuration: Initial setup and installation of software with agency specific information $100 per unit
60-Month Lease Monthly Rate
Monthly Lease Details - Rugged Smartphone/Printer Combo+ Data Plan nFORCER-11 PRINT • All included, all-in-one rugged nFORCER-11 (smartphone + printer) $145/month/unit • 4/SG data plan • Docking power stations
• ticketPRO Mobile software -• nFORCER-11 SCAN
• Remote management software ~ $175/month/unit • ticketPRO Mobile and RM software licenses • Maintenance and support
• nFORCER-11 SCAN option includes built-in laser barcode scanner .

Monthly Lease Details Rate
Smartphone: Built-in rugged Samsung smartphone or equivalent I High-Res Camera I Bluetooth I USB Charging I 4/SG LTE Included
Printer: Built-in 311 printer. Included
Managed 4/SG Voice and Data Plan Included
ticketPRO Mobile Software: Adm in Software I Real-Time citation & photo transfer I Live Lookups Included for prior citations I Built-in LPR I Reinspection Lookup I GPS tracking I Live shared data between all devices
ticketPRO Mobile Software Annual License Included
Remote Management Software Maintenance and Support: Remote servicing and updates I Remote-connect assistance I email support for Agency requests Included
• Sales tax will be applied to all items listed.
• At the end of the monthly lease, all equipment will be returned to TDS in good working order. If equipment is not returned, the lease will revert to a month-to-month lease with 30 days' notice required prior to turning the equipment in. • Early Termination Fees will apply.
• Rugged Smartphone and printer hardware are subject to availability. • Lost/stolen/full damaged devices will be replaced at $3,800. • Out of warranty repairs will be assessed at the time the incident is reported. Repair costs could vary depending on the parts needing replacement.

Disclaimer:

TDS may subscribe to various third-party software services for the purpose of automating input of informationwhile writing the ticket. These services may include Google Maps, location services GPS, LPR services, andVIN lookups. TDS reserves the right, should these services terminate, to disable those services in the software. These services are integrated into the software for convenience and do not affect the issuance of citations.

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Page
March
86 7, 2024
1 urbo uata !:iystems, Inc. uty or Livingston
ticketPRO Mobile Enforcement
ticketPRO nFORCER-11 Accessories and options
Item Description Price
1 Single Dock with power supply $ 219.00
2 Single Dock without power supply(used with quad base) $ 195.00 3 Quad Dock base only $ 365.00
4 Quad Dock base with docks $1,147.00
5 Hot swap Battery $ 138.00
6 Carry case $ 39.00
7 USB Car charger $ 50.00
8 USB AC Adapter $ 65.00
9 Hand strap $ 24.00
10 op Strap $ 24.00
Accessories
S:i. 0
ChiJrgmg Cable X~
•
c,ir Ch,irger
C>I
, \11 Pur~e ffond!e Shou!rler Strap
Four Posrt1on Charging Dock
Tickets Printed Media
Citations and Envelopes
Unit Cost
TDS provides Standard or Custom citations and envelopes that are compatible with our Varies with size and ticketPRO Mobile solution. For a single device use with multiple ticketPRO Apps, a plain paper quantity ordered option is available which allow printing of parking and admin citations on the same stock.

All quoted prices are valid 60 days from the date submitted.

Page JS Thursday,
Page
March
87 7, 2024

STAFF REPORT
AGENDA ITEM: CONSIDERATION OF A RESOLUTION APPROVING THE

REPLACEMENT FOR LIVINGSTON POLICE DEPARTMENT CODE

ENFORCEMENT/ANIMAL CONTROL VEHICLE
MEETING DATE:

PREPARED BY:

APPROVED By:

April 16, 2024
John Ramirez, Acting Chief of Police
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Adopt Resolution No. 2024- _ , approving the purchase and replacement of City of Livingston Police Department Animal Control vehicle which is designed strictly for use as an Animal Control vehicle.

BACKGROUND:

The current Animal Control Vehicle is a 2006 Ford F-250 and has been in service for 18 years with approximately 114,000 "city" miles. The vehicle was designated specifically for Animal Control and is retrofitted with numerous cages for the purpose of transporting animals. The vehicle is an older model and recently has been experiencing many mechanical issues. The vehicle has become increasingly expensive to maintain and keep operational.

In March 2023 the City of Livingston created a full time Code Enforcement Officer position that also absorbed the existing duties of the Animal Control Officer. The current vehicle is exclusively set up for Animal Control. The current Code Enforcement/Animal Control Officer would be better outfitted with a vehicle that serves as a dual purpose.

The purchase of a new vehicle is requested to meet the dual-purpose need of the new position.

The current set up does not allow for any other use than the transportation of animals. The new vehicle could also be used for additional police department functions and use if needed.

DISCUSSION:

Three separate quotes were obtained for a 2023/2024 Chevy Silverado.

Base Price Tax, License Sub-Total Equipment Lights and TOTAL & Fees Install Graphics
American $40,400.00 $4,135.44 $44,535.44 $1 ,600.00 $2987.15 $49,122.59 Chevrolet
Merced $42,250.00 $3,730.48 $45,857.23 $1 ,600.00 $2987.15 $50,444.38 Chevrolet
Chase $45,090.00 $3,501 .07 $48,685.82 $1,600.00 $2987.15 $53,272.97 Chevrolet

Page 1 ends

Page 88 ends

FISCAL IMPACT
The money to purchase and retrofit the vehicle will come from current salary savings from the Police Department's General Fund Budget.

ATTACHMENTS:

1. Resolution

2. Emergency Equipment/Graphics Quote

3. Equipment installation quote

4. Three (3) quotes for 2023/2024 Chevy Silverado

Page 2 of 2 ends

Page 89 ends

RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING THE

CITY OF LIVINGSTON'S PURCHASE OF A NEW CODE ENFORCEMENT/ANIMAL

CONTROL VEHICLE
WHEREAS, the City of Livingston Police Department is responsible for the function of the Code Enforcement Officer and Animal Control Officer for the City; and WHEREAS, the City of Livingston Police Department maintains a fleet of vehicles that are necessary in the operation and function of the officer's duties; and WHEREAS, the City of Livingston Police Department has determined a new truck must be purchased to replace an existing 2006 truck which has exceeded its useful life and purpose; and
WHEREAS, the City of Livingston could purchase a 2023/2024 Chevrolet Silverado 1500 Pick Up Truck not to exceed Forty Four Thousand Five Hundred Thirty Five Dollars and Forty Four Cents ($44,535.44); and
WHEREAS, the Emergency Equipment (Safety Lighting/Communication/Graphics) for this vehicle must be purchased separately from LEHR and Sign works for an amount of Two Thousand Nine Hundred Eighty Seven Dollars and Fifteen Cents ($2,987.15); and WHEREAS, the equipment installation for this vehicle must be purchased separately from Steele Public Safety Systems for an amount of Sixteen Hundred Dollars and no cents ($1,600.00); and
WHEREAS, the total cost for this vehicle, fully equipped will be an amount not to exceed Forty Nine Thousand One Hundred Twenty Two Dollars and Fifty Nine Cents ($49,122.59); and WHEREAS, the necessary fund for this purchase are available under the 2023/2024 . Police Department Budget
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston hereby authorizes 1) the expenditure of $49,122.59 from salary savings of the police department general fund budget for the purchase ($44,535.44) and outfitting ($4,587.15) of the additional vehicle proposed, and 2) authorize the Interim City Manager to purchase the following vehicle from American Chevrolet, in the total amount not to exceed $44,535.44.

I hereby certify that the foregoing Resolution No. 2024-__ is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 16th day of April 2024, by the vote recorded as follows:

AYES:

NOES:

ABSTAIN:

ABSENT:

Page 90 ends

ATTEST
Monica Cisneros, Deputy City Clerk
Of the City of Livingston

APPROVED AS TO LEGAL FORM
Roy C. Santos, City Attorney
By: __________ _
Jose A. Moran, Mayor
of City of Livingston

Page 91 ends

www.signs-tsw.com (>~ ~ (fJ
• GI
' ' .......
209•383•2727
4938 W. Stale Hwy 140 Atwater. CA 95301
&,ct«tfy;,r I.- - 01g,tal Prlntmg
-Vohiclo Lettorlng
..,, Vah,clD Wraps
- Barinors .,, Window Gri:ipnlc:s
.. Vinyl LoHorlng
...- Magnetic Signs
.. Trade Show
..,, POP Displays
,.,, Decals
., Real Esta.le
..- A•Fr.imos
.,, Plastic Lothm:
..- Molal Le!lors
- Chnnnol Lo!1ors - E!ectnc Signs ...
mrttC)//.(Jfd /
Estimate #1848 3/18/2024
Prepared for:

City of Livingston Police Dept.

Chief John Ramirez
1446 C St
Livingston, CA 95334
Prepared by:

The Sign Works
Salesperson: [email protected]
4938 W. State Hwy 140
Atwater, CA 95301
Phone: 209-3947-917 Fax: Phone: 383-2727 Fax: Please email Description:

Code lnforcement
Delivery:

Production time for the following item( s) will be approximately 5 working days.

Quantity Description Each Amount Tax
1 Code lnforcement Pick Up Graphics 3/Sides $525.00 $525.00 Yes TOTALS Subtotal: $525.00
Sales Tax: $43.31
Total: $568.31
Terms:

This estimate good for 30 days. Full payment net 10 days.

By my signature below, I authorize work to begin and agree to pay above amount in full according to the terms on this agreement SIGNED:. _______________ DATE:. ______ AMT. PAID TODAY:. _____ _

Page 92 ends

0 ----------
0 City of Livington
0 .o~ ,t:, 4 ~ r&1-..-•,,,.

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Page 93 ends

9240 Prototype Dr Reno, NV 89521
Phone: 775-507-2460 Fax:

Sell
To:

Ship Via
City of Livingston
ramirez
1416 C Street
Livingston, CA 95334
Phone: 209-646-4270
/jf
Tax Iden!. Type Legal Entity
Vehicle Information:

Ship
To:

Quote Number.

Document Date:

Terms:

Payment Method:

City Of Livingston
ramlrez
2238 Walnut Ave
Livingston, CA 95334
Phone: 800-982-8468
Customer ID
SalesPerson
PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED Sales Quote
Page:
46009
3/14/2024
Net 30
50873
na Niles
Item No. Description
Manufacturer
Name Quantity Unit Price Total Price
JY2MAA-LEHR
WCC9
STPKT101
VTX609A
IONA
Whelen 56" Justice llghtbar, WC, All Amber, TA, TD, Al Whelen Whelen WeCan Controller, Control Lights & Traffic Advisor for Whelen Justice Lightbars
Whelen, Strap Kit, Fits Silverado 1500 2019-2020 Whelen Whelen Vertex Super-LED Omni Directional Lighthead Amber Whelen Whelen ION Series Super-LED Universal Light - Amber Whelen

FREIGHT TO BE ADDED ACCORDINGLY
4-6 WEEK LEAD TIME
Agency Approval
Name. ________________ _
I
Amount Subject to Sales Tax
2244,86
Amount Exempt from Sales Tax
Auth. Signature: L::.::..:::::::::::.:=================--_J 0.00 4 2
Subtotal:

Total Sales Tax:

Total:
1,339,00
256,90
80,50
87,99
108.25
1,339.00
256,90

80.50 351.96
216,50
2,244,86
173,98
2,418,84
PLEASE READ: No returns without approval and an RMA# will be accepted. All shortages, damage, or return claims must be made within 10 days of invoice date. NO EXCEPTIONS. A copy of the invoice and RMA paperwork must be shipped with returns. All return orders or cancellations are subject to a 25% restocking fee plus freight. Any change orders made 60 days prior to the installation date may be subject to a production delay and pricing changes. PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.

Page 94 ends

Steele Public Safety Systems
8546 Carmellia Ave
Dos Palos Ca 93620
Phone: 559-301-3455
[email protected]

BILL TO
City Of Livingston:

Livingston Police Department
1446 C St
Livingston Ca 95334

INVOICE
INVOICE# DATE ---1----
L __________________ Q U OT E 3/18/24 _,
,----D-E_S_C_R_IP-T-~-N-----------------------------,----A-M_O_U_N_T~, QUOTE: Si1verado Code Enforcement l
lnstalation of:

Whelen 56' Light Bar, WC, All Amber TA, TD, AL
Whelen WeCan-Controller, Control lights & Traffic Advisor Whelen Strap kit Fits Silverado 1500 2019-2020
Whelen Vertex Super- LED Omni Directional lighthead
Whelen Ion Series Super- LED Universal Light
Labor: 10 hours@$160/hr
Thank you for your business!
Payment Due upon Receipt
TOTAL $1,600.00
Invoice Template© 2014 Vertex4
Page
2 com 95
\...S?:Y
Date/Time: Jan 30, 2024 05:37 PM
Buyer:

Phone:

Address:

City of Livingston City of Livin1.,, ,;,ales person: H: (209) 394-8041 Jonathon Quevedo
Livingston, CA 95334 Salesperson: Zach Riedinger

CHEVROLET
2023 Chevrolet Silveradp 1500, Body Type: Crew Cab Pickup T231012 Color: Summit White VIN:1GCPDAEK4PZ298495
Purchase 0 Months MSRP/Retail
Selling Price
$ Down Est. $/Monthly Rebate
$0 $44,535 Total Savings+ Rebate
Government Fee
Proc/Doc Fee
Ally Theft DNA
Total Taxes
Amount Financed
X X
Customer Signature Manager Signature
Date Date
$47,900.00
$47,900.00
$7,500.00
$7,500.00
$41.75
$85.00
$269.00
$3,739.69
$44,535.44
Please submit this worksheet to Management for its review. I understand that (i) this worksheet is neither an offer nor a contract and is not binding on the customer or the dealership, (ii) no offer to purchase any vehicle is binding until accepted in writing by an authorized American Chevrolet Sales manager on a California State Motor Vehicle Purchase Contract form and (iii) Safes Consultant can not obligate or bind the customer or the dealership.

Page 96 ends

,Cq• fl _,, di'/) << ~
DgaJ
Deaf=
Deal Date
Deal Type
Financial Inst.

Program
Deal Status
Vehicle R«lo:i:
@ New
Stock ~
Year
Make
Model
Style
0 Used () Demo Cert.
ill !.?._401_4A_ _{_q. j l
i 20241
l f HEVROLET TR~:~ l
!s1LVERADO 1500 1 •
Sales Price
MSRP
Discount
Selling Price
Aftermarkets
DocFee.-
VSIPremlum
ESGPremium
Maiotenance
GAP Premium
LAH/IµI
Prior Lease Bal
License Fee
Dealer Fees
Total Fees
rota! Taxes
Total Price
{j/ Retail Worksheet
l~ ~ ,_?5o.ooj
I 4,ooo.ooj
lgl 1 __ '.!:3~~@1
I§ 299.00

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o.ool
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lj O;OO
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701.001
~ 0.00
~ 742.75
Ii 3,~0.48
47,107.23
DQwn P,iyrnent
Cash Dowi,
Deposit
iota! Rebates
Total Trade Allow
Total i rade P?Jyoff
Total l~et Tnide
Total Def Dovm
Total 0ovm Payment
Odometer
j_?~yo D~.L CAB 1~ 1
[_=-_, Trade Difference 42,549.00
j!l1ye1
Customer ~ l}§l I ,.;:-,
Last !-------- -i
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Company
Reg Stille
County
L - - - _J r- ---- __ J
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1,250.00
Payment
Term••
Sell Rate
AOR j_
# Days 1st Payment t_::-11
Payments Per Year I g J
1st Payment Date f Q)j3il_20_2'! l~ T
Prepaid Fin Charge r-_= O.qQI
APR
Amount Financed
Finance Charge
Total of Payments
Total Sales Price
Payment
45,857.23

0.00 45,857.23
47,107.23
45,857.23

Page 97 ends

Datemme: 2/1/2024 11 :23:53 AM
CHASE ~CHEVROL.ET
Buy Into It. Buyer:

Address:
8441 HolmanRd,SlOd<ton,CAD5212
(2119) 47M600 Ch;ayo(;hevrolot.com
2024 Chevrolet Sllverado 1500 Custom 24T0369
X
MSRP/Retail
Selling Price
Total Savings
Govemment Fee
Proc/Doc Fee
Subtotal
Total Taxes
CashOown
Remaining
Customer Signature
VIN: 1GCRASEKXRZ222788
Odometer:7
Color. summit Whits
Body Type: Extended Ceb Plc:kup
Date
$47,290.00
$45,090.00
$2,200.00
$9.75
$85.00
$45,184.75
$3,501.07

0.00 $48,685.82
City of Livingston 1416 CSt
Livingston, CA 95334 Salesperson: Paul Correla
!r-l< ~~ ilrvvw ~ Pr· P
.,. -r OL~ --.(2.,U\e.-~ \ D "' v\ D
X
Manager Signature Date

Page 98 ends

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Resolution Approving the purchase of six (6) solar light poles from Fonroche Lighting America, in the amount of $31,107 and Authorizing the Interim City Manager to execute all required documents.

April 16, 2024
Anthony Chavarria, Director of Public Works
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution of the City Council of the City of Livingston approving the purchase of six (6) solar light poles from Fonroche Lighting America, in the amount of $31,107 and authorize the Interim City Manager to execute all required documents.

BACKGROUND:

On February 2024 Interim Chief of Police Ramirez conducted a safety assessment for City Hall. One of the areas of concern in the safety assessment report was the poor lighting towards the back end of City Hall and the employee parking lot. The poorly lit areas are frequently used by transients and most recently an employee vehicle was vandalized. The employee parking lot is used by city personnel, the Police Department and Fire Department. The inadequate lighting in the surrounding areas of City Hall poses a significant risk to the safety and security of employees.

DISCUSSION:

The Livingston Municipal Code requires formal bidding procedures for all purchases over $10,000 unless the formal bidding process is undesirable, impossible, unavailing or incongruous as determined by the City Manager. Section 1-11-6 waiver of formal bid procedures of the Municipal Code states that formal bid procedure of items over $10,000 can only be waived if the purchase is (A) Of urgent necessity for the preservation of life, health or property, (B) Waived by Council resolution passed by at least four affirmative votes; and/or (C) Available from only one source. Sole source must be adequately justified.

Fonroche Lighting America meets sole source criteria justification due to being the only manufacturer in the World who has developed extremely robust 10-12 year NiMH battery technology and can guarantee reliability performance every night of year through localized solar studies and system sizing.

They are the only manufacturer with a large base of installed lights on tower control feedback, providing more than ?millions data points of monitoring feedback, all for continuous reliability improvements.

They are also the only manufacturer in the world doing climate chamber testing confirming system reliability and robustness.

To address the safety concerns outlined in the safety assessment and mitigate the risks associated with poor lighting, it is recommended that the City Council approve the purchase of six (6) street light poles from Fonroche Lighting America. These light poles will be strategically installed in the areas identified as poorly lit, enhancing visibility and deterrence against criminal activities.

Page 1 ends

Page 99 ends

FISCAL IMPACT:

The street solar lights will be expended from Municipal Facilities and reimbursed by Merced County supervisor Espinoza's discretionary fund.

ATTACHMENTS:

1. Resolution

2. Exhibit "A" Cost Proposal from Fonroche Lighting America for the amount of $31,107.00.

3. Exhibit "B" Sole Source Cover Letter

4. Exhibit "C" Application Design

Page 2 ends

Page 100 ends

RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AUTHORIZING APPROVAL OF PURCHASE OF SIX (6) SOLAR LIGHT POLES FROM FONROCHE LIGHTING AMERICA, IN THE AMOUNT OF $31,107 AND

AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE ALL REQUIRED

DOCUMENTS
WHEREAS, on February 2024 Interim Chief of Police Ramirez conducted a safety assessment for City Hall; and
WHEREAS, one of the areas of concern in the safety assessment report was the poor lighting towards the back end of City Hall and the employee parking lot and the poorly lit areas are frequently used by transients and most recently an employee vehicle was vandalized; and WHEREAS, the employee parking lot is used by city personnel, the Police Department and Fire Department; and
WHEREAS, the inadequate lighting in the surrounding areas of City Hall poses a significant risk to the safety and security of employees.

WHEREAS, Fonroche Lighting America meets sole source criteria justification due to being the only manufacturer in the World who has developed extremely robust 10-12 year NiMH battery technology and can guarantee reliability performance every night of year through localized solar studies and system sizing; and
WHEREAS, they are the only manufacturer with a large base of installed lights on tower control feedback, providing more than 7millions data points of monitoring feedback, all for continuous reliability improvements.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Livingston as follows:

Section 1. Adopt a Resolution of the City Council of the City of Livingston approving the purchase of six (6) solar light poles from Fonroche Lighting America, in the amount of $31,107.

Section 2. Authorize the Interim City Manager to execute all required documents.

Section 3: Authorize the Interim City Manager to submit all documents, request reimbursement, and take any and all actions necessary for funding, submittal, and reimbursement from Merced County.

Section 4: Identify the City Hall and Council Chambers security improvement project as a priority project for the purposes of requesting Merced County Supervisorial District funding.

Section 5: This Resolution will become effective immediately.

I hereby certify that the foregoing Resolution No. 2024-___ is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 16th day of April 2024, by the vote recorded as follows:

Page 101 ends

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

Jose A. Moran, Mayor
Of City of Livingston
ATTEST
Monica Cisneros, Deputy City Clerk

APPROVED AS TO LEGAL FORM
________________________
Roy C. Santos, City Attorney

Page 102 ends

tt 'ii l=ON~OCHE
\(_;/ lighting AMERICA Fonroche Lighting America
4900 David Strickland Rd.

Forest Hill, TX 76119
(817) 516-2056
Opportunity Owner Jacob Fox 00082886
Payment Terms 50% deposit, 50% Net 30 from Ship
Date-contingent on credit approval
Quote Number
Quote Name
Quote Date
G7483-Livingston CA-City Hall Parking Lot-RevC
3/19/2024
Shipping Terms Prices are FOB Origin Quote Expiration 6/19/2024 Date
Est. Lead Time
Ship To Name
Ship To
12-14 Weeks
City of Livingston CA
United States
Beware of Fraud: Any advance payment request will only be made on the basis of a proforma invoice sent by Fonroche Lighting America.

Shipping estimated; final cost determined on day of shipping and added to invoice.

Fonroche Model . . Price .

N b
~- Fonroche Product Description S t Quantity Amount ~~
2[T54-CK16B-4K-T4]
[P270F-4P]HW-MC
Fixture Color: BK
POLE: 25Ft. Round
Tapered Pole-Anchor
SmartLight Assembly with 1248Wh-24V NiMH Battery, special extreme temperature (from -40 °F to +158 °F), 1 x 270W solar module with Top of Pole assembly and Intelligent management/control system. Provisioned for TWIN Fixture configuration. Twin Essential (Formerly CK16B) Fixture 4K Color Temp.-Type 4 Fixture Color: BK - . Power Assembly color is black. Mount: High wind and enhanced marine coating. 25Ft. Round Tapered Pole-Anchor Base-2-4FT Arm -Arm Color: Black -Pole Color is BK 5 Year Warranty All Night Lighting 365 Days a Year - Full Battery Replacement Base-2-4FT Arm -Arm Assumes No Shading I Assumes little or no snow Color: Black -Pole
Color: BK
(T54-CK 16B-4K-T2]
[P 160F-2P)HW-MC
Fixture Color: BK
POLE: 25ft. Round
10 Degrees Tilt
100% =22 Watts worst case conditions.T-PM: 6 hrs. @100% I T-N (Balance of night) @20% IT-AM: 1 hrs. @100%
SmartLight Assembly with 624Wh-24V NiMH Battery , special extreme temperature (from -40 °F to +158 °F), 1 x 160W solar module with Top of Pole assembly and Intelligent management/control system. Provisioned for Single Fixture configuration. Single Essential (Formerly CK16B) Fixture 4K Color Temp.-Type 2 Fixture Color: BK-. Power Assembly color is black. Mount: High wind and enhanced marine coating. 25Ft. Round Tapered Pole-Anchor Base-1-4FT Arm -Arm Color: Black -Pole Color is BK Tapered Pole-Anchor 5 Year Warranty All Night Lighting 365 Days a Year - Full Battery Replacement Base-1-4FT Arm -Arm Assumes No Shading I Assumes little or no snow Color: Black -Pole
Color: BK
[T54-CK16B-4K-T4]
[P160F-2P]HW-MC
Fixture Color: BK
POLE: 25Ft. Round
Tapered Pole-Anchor
10 Degrees Tilt
100% =22 Watts worst case conditions.T-PM: 6 hrs. @100% I T-N (Balance of night) @20% IT-AM: 1 hrs. @100%
SmartLight Assembly with 624Wh-24V NiMH Battery , special extreme temperature (from -40 °F to +158 °F), 1 x 160W solar module with Top of Pole assembly and Intelligent management/control system. Provisioned for Single Fixture configuration. Single Essential (Formerly CK16B) Fixture 4K Color Temp.-Type 4 Fixture Color: BK - . Power Assembly color is black. Mount: High wind and enhanced marine coating. 25Ft. Round Tapered Pole-Anchor Base-1-4FT Arm -Arm Color: Black -Pole Color is BK 5 Year Warranty All Night Lighting 365 Days a Year - Full Battery Replacement Base-1-4FT Arm -Arm Assumes No Shading I Assumes little or no snow Color: Black -Pole
Color: BK 10 Degrees Tilt
100% =22 Watts worst case conditions.T-PM: 6 hrs. @100% I T-N (Balance of night) @20% IT-AM: 1 hrs. @100%
USO
5,394
USO
3,939
USO
3,939
USO 2.00
10,788

1.00 2.00
USO
3,939
USO
7,878

Page 103 ends

FONJ:lOCHE:
lighting AMERICA Fonroche Lighting America
4900 David Strickland Rd.

SmartLight Assembly with 1248Wh-24V NiMH Battery , special extreme temperature [T54-CK168-4K-T4] (from -40 °F to +158 °F), 1 x 270W solar module with Top of Pole assembly and [P270F-4P]HW-MC Intelligent managemenUcontrol system. Provisioned for Single Fixture configuration.

Fixture Color: BK Single Essential (Formerly CK16B) Fixture 4K Color Temp.-Type 4 Fixture Color: BK-.

POLE: 25Ft. Round Power Assembly color is black. Mount: High wind and enhanced marine coating.

Tapered Pole-Anchor 25Ft. Round Tapered Pole-Anchor Base-1-4FT Arm -Arm Color: Black -Pole Color is BK Base-1-4FT Arm -Arm 5 Year Warranty All Night Lighting 365 Days a Year - Full Battery Replacement Color: Black -Pole
Color: BK
Assumes No Shading I Assumes little or no snow
10 Degrees Tilt
100% =44 Watts worst case condilions.T-PM: 6 hrs. @100% I T-N (Balance of night) @20% IT-AM: 1 hrs. @100%
Total Line Items
Shipping and
Handling
Quote Total
This quotation is subject to the following terms and conditions Forest Hill, TX 76119
(817) 516-2056
USO
5,027 1.00 USO
5,027
USO 27,632
USO 3,475
USO 31,107
Seller's Terms and Conditions of Sale in effect on the date of this order shall apply to this quote and are hereby incorporated by reference.

Seller's Terms and Conditions of Sale may be viewed at https://www fonrochesolar!ighting com/about-us/terms/ Pricing is based on Fonroche Lighting America's Standard Terms & Conditions and any additional terms stipulated herein. It is the Representative's responsibility to convey these terms to the customer. Without prior written approval from Fonroche Lighting America's Sales Director, any deviation from these terms may constitute a change in this pricing at the time of order. In the event that Fonroche Lighting America is unable recuperate difference in pricing from end customer, it may deduct the difference from representative's commission.

Page 104 ends

dra FONR.ocHi;: ~\--;~A b
'tJ' lighting AMERICA
January 30, 2024
To whom it may concern:

Fonroche Lighting America
4900 David Strickland Rd
Forest Hill, TX 76119
339-225-4530
FonrocheSolarlighting.com
Please find attached with this cover letter, technical data supporting Fonroche Lighting manufacturing of solar street lighting products, which arc completely unique form any other, Worldwide This product is purchased directly by inslit-utions from Fonrochc Lighting America, at the address listed above.

There arc many types of battery technologies. In the attnched document, you will find supporting technical data supporting Nickel Metal 1-Iydride (Ni Ml-I) as superior in durability, cycle life, storage, transportation, and safety to other battery types. The attached technical document outlines how NiMI-J requires advanced engineering into battery management systems, and technical knowledge, which no other company has invested the significant resources into bringing NiMH technology into the solar lighting marketplace.

Fonroche has built the largest, solar lighting specific test laboratory in the World. Fonoche is the only manufacturer doing in-depth solar lighting battery life duration tests, analyzing depth of discharge, current rate, and temperature.

These extensive tests arc necessary to quantify battery durability and longevity in different conditions.

Fonorchc .is the only manufacturer completing in-depth va lidation on all the following sub-components: solar panel performance, mechanical design, transportation, telecommunication.

Fonrochc is the only manufacturer using LoRa telecommunications in solar lighting, with 110,000 individual lights connected, all sending 7 million messages per day, allowing for continuous real time feedback and improvements in all climates, while having customer facing portal infrastructure monitoring.

Technical details supporting these topics and more arc enclosed in the attc1ched technical file.

If you desire additional information, please do not hesitate to contact me at 316-554-4180 at any time. Thank you for your interest in our systems.

Respectfully,
Hocinc Bcnaoum
CEO, Fonrochc Lighting America
Sol.AR JS THE NEW STANDARD

Page 105 ends

&A FON~OCHE
't}J lighting AMERICA

APPLICATION DESIGN
Date:

Written by:

Version:

City Hall Parking Lot
Livingston - CA
3/19/2024
Cuong VU
C

Page 106 ends

~
The global leader in solar lighting
Fonroche Lighting America is proud to be part of Fonroche Lighting, the global leader in off-grid solar street lighting. The deep resources and broader scope of an established market leader lets us take solar lighting even further, from the State Treasury in Salem, Oregon to the West African Republic of Senegal. Over lS0,000 Fonroche Smartlight systems have been deployed worldwide.

With five offices in the USA and installations across the country, Fonroche is never far away. Some solution providers enter the solar lighting market-then move on. We're a reliable partner that sticks around. You get the responsive support and smart answers that you need now-and the confidence that we'll be here for you far in the future. And we can take on projects of any size, from local to national. That's why so many municipalities, military and federal facilities, tribes, commercial properties, and developers trust us to deliver the full promise of solar lighting.

Feasibility of your solar lighting project
Jra FON~OCHE \t3' lighting AMERICA
To guarantee powerful, cost-effective off-grid lighting, Fonroche operates its own design offices.

We assess the feasibility of each project in four stages:

1. First, we define your lighting requirements.

2. Next, we analyze the last 10 years of local weather
data to determine how much energy our PV panels
will generate.

3. On this basis, we calculate what size and how
many products we need to install.

4. Finally, our sales team draws up a cost estimate.

Fonroche Lighting America - Design Office

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Rightsized to your specific needs
1 Project
Simulation of product(s) over
a typical year
Our teams have developed a solar sizing
software application, which we use to
determine which products will best meet your
needs. We then simulate how these products
operate over a typical year, based on the
average conditions for the last decade.

Results
Based on our experience, we propose the
optimal solution in terms of lighting
performance and cost effectiveness.

Jra FON~OCHE
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1 Study
10-Vear Analysis of local
weather data
We use the PVsyst software suite and Meteonorm
historical time series irradiation data to calculate the real-world operating conditions - orientation and
tilt angle of the panel, shadow, etc. - and external
parameters, such as direct and diffuse irradiation,
temperature and the solar calendar.
rn,
Sizing the project to your needs
We use a set of key criteria to optimally specify your
project:
• Average battery charge level over the year
• Minimum charge level
• Comparative analysis of energy generated by the
panel vs. energy used by the system
• Worst-case scenario (lowest irradiation, longest
night)
Fonroche Lighting America - Design Office

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Our technical proposal &A FON~OCHE
\!_Y lighting AMERICA

SMARTLIGHT SYSTEM CONFIGURATION
Project-Specific System Specifications

PHOTOVOLTAIC MODULE
PV panel power rating
PV panel tilt angle
160Wp
10°
POWER 365: SMART STORAGE

AND MANAGEMENT
-CCI
Non pro-rated
Battery capacity
(Must be NiMH)
Chosen lighting profile for your project
624Wh

LED LIGHT UNIT
Lighting power
LED light unit specification
Pole height
Protective treatment
30 W nominal
4000K-180-190 Lm/w
25'
Powder Coated
•
DAY
6UMel
Fonroche Lighting America - Design Office
6h
NIGHT
* er • * * DAY
tJllnriJe
xh l h
■ Light intensity

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Our technical proposal JrA FON~OCHI;: \t3' lighting AMERICA

SMARTLIGHT SYSTEM CONFIGURATION
Project-Specific System Specifications

PHOTOVOLTAIC MODULE
PV panel power rating
PV panel tilt angle
270Wp
10°
POWER 365: SMART STORAGE

AND MANAGEMENT
Battery capacity
(Must be NiMH) 1248 Wh

LED LIGHT UNIT
Lighting power
LED light unit specification
Pole height
Protective treatment
50 W nominal
4000K - 180 Lm/w
25'
Powder Coated
-CCI
Non pro-rated
Chosen lighting profile for your project
A •
DAY
MUldi!l
6h
NIGHT
* er *
*
xh
■ Light intensity
•
DAY
.utn.ri,Je
l h
Fonroche Lighting America - Design Office

Page 110 ends

Our technical proposal ~A FONR_OCHE
\t_3I lighting AMERICA

SMARTLIGHT SYSTEM CONFIGURATION
Project-Specific System Specifications

PHOTOVOLTAIC MODULE
PV panel power rating
PV panel tilt angle
270Wp
10°
POWER 365: SMART STORAGE

AND MANAGEMENT
Battery capacity
(Must be NiMH) 1248 Wh

LED LIGHT UNIT
Lighting power
LED light unit specification
Pole height
Protective treatment
2x30 W nominal
4000K - 180 Lm/w
25'
Powder Coated
Non pro-rated
Chosen lighting profile for your project
NIGHT
A •
DAY
,JUflJi,e
6h xh lh
■ Light intensity
Fonroche Lighting America - Design Office

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Jra FONA.OCH~
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PHOTOMETRIC
STUDY
*Note: these results are only valid if the Smartlight PV panel is at an azimuth angle of zero degrees and is completely free of shadow.
**These results are subject to change due to technological or regulatory advances. This technical report is valid for 60 days from the date you receive it.

Fonroche Lighting America Design Office

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City Hall Parking Lot t, FONR,OCH~
lighting AMERICA
4900 David Strickland Road
Lighting Plan Rev C By: Cuong Vu Forest Hill, TX 76119 I USA cuong. [email protected] Phone Number: (339) 225 4530
Project Number: G7483 Date:3/19/2024 www.fonrochesolarlighting.com Luminaire Schedule
Symbol Qty Label Arrangement Total Lamp Lumens LLF
- 1 T 4-CK16B-4K-Sinale-44W-25' Sinale 7920 0.900
-0 1 T2-CK16B-4K-Single-22W-25' Single 4180 0.900
[B ED 2 T 4-CK16B-4K-Twin-22W-25' BACK-BACK 3960 0.900
- 2 T 4-CK16B-4K-Single-22W-25' Single 3960 0.900
Calculation Summary
Label CalcType Units Avg Max Min Ava/Min Max/Min
Gate & Trash area II luminance Fe 1.17 1.4 0.9 1.30 1.56 Parking llluminance Fe 1.03 1.9 0.2 5.15 9.50
Walkway bewteen buildinas llluminance Fe 0.63 1.9 0.0 N.A. N.A.

Walkway to parking llluminance Fe 0.82 1.3 0.5 1.64 2.60

Page 113 ends

City Hall Parking Lot
Lighting Plan Rev C
Project Number: G7483
By: Cuong Vu
cuong. [email protected]
Date:3/19/2024
Ara FON~OCHE;: \tJI lighting AMERICA
4900 David Strickland Road
Forest Hill, TX 76119 I USA
Phone Number: (339) 225 4530
www.fonrochesolarlighting.com

Page 114 ends

City Hall Parking Lot
~ FONi=tOCH~
lighting AMERICA
4900 David Strickland Road
Lighting Plan Rev C By: Cuong Vu Forest Hill, TX 76119 I USA [email protected] Phone Number: (339) 225 4530
Project Number: G7483 Date: 3/19/2024 www.fonrochesolarlighting.com

Page 115 ends

I
, A few examples &a l=ON~OCHE \!3' lighting AMERICA
Fonroche Lighting America Design Office

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~-FONqOCHI::
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Solar lighting
Your commitment to sustainability
Contact us
Jacob Fox
Sales Representative
P: {339) 225-4530 X218
E: [email protected]

FIND OUT MORE AT
www.FonrocheSolarLighting.com
FONROCHE LIGHTING AM ERICA I 4900 David Strickland Road Forest Hill, TX 76119 j USA
Telephone : 339-225-4530
Fonroche Lighting America Design Office

Page 117 ends

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Authorizing and Approving a Services Agreement with NEOGOV for the purchase of Applicant Tracking System Recruit Module April 16, 2024
Arcelia Cruz, Human Resources Coordinator
Christopher Lopez; Interim City Manager
RECOMMENDATION:

Staff recommends council adopt the resolution authorizing the Interim City Manager to execute a two-year service agreement with NEOGOV for the purchase of applicant tracking system Recruit Module.

BACKGROUND AND DISCUSSION:

NEOGOV Recruit Module is a cloud-based module that provides public sector organizations with Human Resources Management System (HRMS) solutions by automating and supporting the entire employee lifecycle to include recruitment, hiring and onboarding processes in one centralized platform. NEOGOV is the leading provider of HRMS software for public sector organizations.

Currently, the Human Resources Division lacks an advanced HRMS platform, which has resulted in a highly fragmented and manually driven work process that is very inefficient and duplicative. The approval and implementation of NEOGOV Recruit Module will significantly upgrade the City's current employment application process and employment cycle from initial job advertising through onboarding by providing a more streamline and automated solution that will result in a more efficient and effective recruitment process and will provide a better employee experience over the full employment cycle.

The billing for the first-year service agreement will include the following fees: $5,500.00 for implementation cost to Insight Module and Onboard Module. $6,073.20 for the annual subscriptions to Governmentjobs.com, Insight and Onboard. This represents a 40% discounted rate in the first-year licensing fees and a discounted rate from $7,260.to $5,500.00 for the setup. For the second-year service agreement the annual subscriptions for Governmentjobs.com, Insight and Onboard will be $10,628.10, no pricing incentives for the second year. The grand total for the two-year service agreement will cost $22,201.30.

FISCAL IMPACT:

The two-year service agreement with NEOGOV Recruit Module will cost a total of $22,201.30.

This cost to fund this service agreement is available in the current FY 23/24 Human Resources Budget.

Page 1 of 2 ends

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ATTACHMENTS:

1. Resolution

2. Service Agreement with NEOGOV

3. NEOGOV Order Form

4. NEOGOV Recruit Module overview

Page 2 ends

Page 119 ends

RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

AUTHORIZING AND APPROVING THE INTERIM CITY MANAGER TO

EXECUTE A SERVICES AGREEMENT WITH NEOGOV FOR THE PURCHASE

OF APPLICANT TRACKING SYSTEM RECRUIT MODULE
WHEREAS, the City of Livingston Human Resources Coordinator has met with representatives of NEOGOV; and
WHEREAS, desires to have a Human Resources Management System that will provide an automated applicant tracking system and onboarding solution that will support the entire employment lifecycle; and
WHEREAS, the City of Livingston desires to enter into a two-year service contract with NEOGOV for Human Resources Management Systems support;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Livingston as follows:

Section 1. The City Council authorizes the Interim City Manager to execute the services agreement with NEOGOV.

Section 2. This resolution will become effective immediately.

I hereby certify that the foregoing Resolution No. 2024-XX is a full, true and correct copy of a resolution duly passed and adopted by City Council of the City of Livingston at a regular meeting thereof duly held on 16th day of April 2024, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Monica Cisneros, Deputy City Clerk
of the City of Livingston
By:-------------

Page 1 ends

Jose A. Moran, Mayor
of the City of Livingston

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APPROVED AS TO LEGAL FORM
Roy C. Santos, City Attorney

Page 2 of 2 ends

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NEOGOV™

SERVICES AGREEMENT
Y071423
P<!>werDMS
Digital Management Software ANEOOOV~1
You agree that by placing an order through a NEOGOY standard ordering document such as an "Order Form", "Service Order," "Ordering Document," "SOW" or other document mutually agreed by the parties detailing the services, pricing and subscription term (each, an "Order Form" for purposes of this Agreement), you agree to follow and be bound by the terms and conditions set forth herein. "Governrnentjobs.com", "NEOGOV", "we", and "our" means Governmentjobs.com, Inc. (D/8/A/ NEOGOY), for and on behalf of itself and its subsidiaries PowerDMS, Inc., Cuehit, Inc., Ragnasoft LLC (D/8/A/ Plan IT Schedule), and Design PD, LLC (D/B/A Agency360) (collectively, "NEOGOV" and, where applicable, its other affiliates; "Customer", "you", "your" means the NEOGOY client, customer, and/or the subscriber identified in the Order Form). "Services Agreement" or the "Agreement" shall be used to collectively refer to this NEOGOV Services Agreement, documents incorporated herein including the applicable Order Form, each Addendum (as applicable), and Special Conditions (if any). "Addendum" means each Addendum set forth either as an Exhibit hereto or otherwise made available at https://www.neogov.com/service-specifications (the "NEOGOV Site") and, as applicable, made a part of this Agreement. "Special Conditions" means individually negotiated variations, amendments and/or additions to this Service Agreement of which are either drafted, or incorporated by reference, into the Order Form.

I. Provision of Services. Subject to the terms of this Agreement NEOGOV hereby agrees to provide Customer with access to its SaaS Applications and Professional Services (each defined below) included or ordered by Customer in the applicable Order Form (collectively referred to as the "Services"). Customer hereby acknowledges and agrees that NEOGOV's provision and performance of, and Customer's access to, the Services is dependent and conditioned upon Customer's full performance of its duties, obligations and responsibilities hereunder. This Agreement entered into as of the earlie: of: (i) date of your signature on an applicable Order Form; or (ii) use of the Services commences (the "Effective Date"). The Agreement supersedes any prior and contemporaneous discussions, agreements or representations and warranties.

2. SaaS Subscription.
a) Subscription Grant. "Saas Applications" means each proprietary NEOGOV web-based software-as-a-service application that may be set forth on an Order Form and subsequently made available by NEOGOV to Customer, and associated components as described in any written service specifications made available to Customer by NEOGOV (the "Service Specifications"). Subject to and conditioned on Customer's and its Authorized Users' compliance with the terms and conditions of this Agreement, NEOGOY hereby grants to Customer a limited, non-exclusive, non-transferable, and nonsublicensable right to (i) onboard, access and use, and to permit Authorized Users to onboard, access and use, the Saas Applications specified in the Order Form solely for Customer's internal, non-commercial purposes; (ii) generate, print, and download Customer Data as may result from any access to or use of the SaaS Applications; and (iii) train Authorized Users in uses of the Saas Applications permitted hereunder (these rights shall collectively be referred to as the "Saas Subscription"). "Authorized Users" means {I) Customer employees, agents, contractors, consultants ("Personnel") who are authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Services Agreement and (2) for whom access to the Services has been purchased hereunder. You shall not exceed the usage limits (if any) as detailed in the user tier in the applicable Order Form. You may not access the Saas Applications if you are a direct competitor ofNEOGOY or its affiliates. In addition, you may not access the Saas Applications for purposes of monitoring their availability, performance, or functionality, or for any other benchmarking or competitive purposes. You shall be responsible for each Authorized User's access to and use of the SaaS Applications and compliance with applicable terms and conditions of this Agreement.
b) Subscription Term. Unless otherwise specified in an applicable Order Form, Saas Subscriptions shall commence on the Effective Date and remain in effect for twelve ( 12) consecutive months, unless terminated earlier in accordance with this Agreement (the "Initial Term"). Thereafter, Saas Subscriptions shall automatically renew for successive twelve (12) month terms (each a "Renewal Term" and together with the Initial Term, collectively, the "Term") unless a party delivers to the other party, at least thirty (30) days prior to the expiration of the Initial Term or the applicable Renewal Term, written notice of such party's intention to not renew the Saas Subscriptions, or unless terminated earlier in accordance with this Agreement. The Term for the Services is a continuous and non-divisible commitment for the full duration regardless of any invoice schedule. The purchase of any Service is separate from any other order for any other Service.

Customer may purchase certain Services independently of other Services. Your obligation to pay for any Service is not contingent on performance of any other Service or delivery of any other Service.

3. Customer Responsibilities. Customer will not, and will ensure its Authorized Users do not (a) make any of the Services available to anyone other than Authorized Users or use any Services for the benefit of anyone other than Customer and its Authorized Users, unless otherwise agreed in writing by the parties, (b) sell, resell, license, sublicense, distribute, make

Page 122 ends

NEOGOV™ P<!>werDMS
Digital Management Software
A NEOGOV eom,,.n,
available, rent or lease any of the Services, or include any of the Services in a service bureau or outsourcing offering, unless otherwise agreed in writing by the parties, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of the privacy rights, publicity rights, copyright rights, or other rights of any person or entity, (d) use the Services to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses, (e) interfere with or disrupt the integrity or performance of the Services (including, without limitation, activities such as security penetration tests, stress tests, and spamming activity), (f) attempt to gain unauthorized access to the Services or its related systems or networks, (g) disassemble, reverse engineer, or decompile the Services, or modify, copy, or create derivative works based on the Services or any part, feature, function or user interface thereof, (h) remove the copyright, trademark, or any other proprietary rights or notices included within NEOGOV Intellectual Property and on and in any documentation or training materials, or (i) use the Services in a manner which violates the terms of this Agreement, any Order Form or any applicable laws.

4. Professional Services. "Professional Services" shall mean professional services purchased by Customer as detailed in an applicable Order Form or NEOGOV Scope of Work (SOW) describing the work to be performed, fees, and any applicable milestones, dependencies, and other technical specifications or related information. Professional Services may include training, implementation, and best practices of and concerning the SaaS Applications. Professional Services are subject to the terms of the Professional Services Addendum made available on the NEOGOV Site and made a part hereof and may be subject to additional terms pursuant to an SOW and Service Specifications describing, if applicable, the work to be performed, fees, and any applicable milestones, dependencies, and other technical specifications or related information. Order Forms or SOWs must be signed by Customer before NEOGOV shall commence work. If Customer executes a separate SOW, this Agreement and documents incorporated herein (including but not limited to the Professional Services Addendum) shall control in the event of a conflict with the terms of the SOW. All Professional Services purchased by Customer must be utilized within twelve (12) months of the date of the applicable Order Form or SOW.

5. Payment Terms.
a) Fees. Customer shall pay all Subscription, Onboarding and Set-Up fees ("Subscription Fees") and Professional Service fees ("Professional Service Fees", collectively the "Fees") as set forth in an Order Form within thirty (30) days of the date ofNEOGOV's invoice. Fees shall be invoiced annually in advance and in a single invoice for each Term. Unless explicitly stated otherwise in an Order Form, all payments due under an Order Form are expressed in and shall be paid in U.S. dollars. Invoices shall be delivered to the stated "Bill To" party on the Order Form. Unless explicitly provided otherwise, once placed the Order Form is non-cancellable and sums paid nonrefundable. Any invoiced amount that is not received by NEOGOV when due as set forth in an Order Form will be subject to a late payment fee of 1.5% per month or the maximum rate permitted by law, whichever is lower. If any amount owing by Customer is more than 30 days overdue, NEOGOV may, without limiting its other rights and remedies, suspend the Services until such amounts are paid in full. If Subscription Fees are based upon the Authorized User or employee count as may be specified in an Order Form, Customer shall owe NEOGOV supplemental Subscription Fees to the extent Customer exceeds the number of Authorized Users or employees set forth in the Order Form. Except as otherwise specifically stated in the Order Form, NEOGOV may change the charges for the Services with effect from the start of each Renewal Term by providing Customer with new pricing at least thirty (30) day notice prior to commencement of a Renewal Term. The new pricing shall be deemed to be effective if Customer (a) returns an executed Order Form to NEOGOV, (b) remits payment to NEOGOV of the fees set forth in the invoice referencing the new pricing, or (c) the Customer or any of its Authorized Users access or use the Services after the expiration of the previous Term. b) Taxes. Customer will pay all taxes, duties and levies imposed by all federal, state, and local authorities (including, without limitation, export, sales, use, excise, and value-added taxes) based on the transactions or payments under this Agreement, except those taxes imposed or based on NEOGOV's net income or those exempt by applicable state law.

Customer shall provide NEOGOV with a certificate or other evidence of such exemption within ten (IO) days after the Effective Date of this Agreement and thereafter upon NEOGOV's request therefor. c) Purchase Orders. Any reference to a purchase order in an Order Form or any associated invoice is solely for Customer's convenience in record keeping, and no such reference or any delivery of services to Customer following receipt of any purchase order shall be deemed an acknowledgement of or an agreement to any terms or conditions referenced or included in any such purchase order. If a purchase order is delivered by Customer in connection with the purchase of Services, none of the terms and conditions contained in such purchase order shall have any effect or modify or supersede the terms and conditions of this Agreement. NEOGOV's failure to object to terms contained in any such purchase order shall not be a waiver of the terms set forth in this provision or in this Agreement.

6. Term and Termination.
2

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NEOGOV™ P(!)werDMS
Digital Management Software
ANEOGOV~•
a) Term. This Agreement shall commence on the Effective Date and shall remain in effect umil all SaaS Subscriptions have expired and/or both parties have achieved full performance of Professional Services, unless it is terminated earlier in accordance with this Agreement.
b) Termination for Cause; Effect of Termination. Either Party may terminate this Agreement immediately if the other is in material breach of this Agreement and such breach is not cured within thirty (30) days following non-breaching party's written specification of the breach. NEOGOV may suspend the Services or terminate this Agreement immediately in the event the Services or Customer's use of the Services provided hereunder pose a security r:sk to the Services, NEOGOV or any third party, or become illegal or contrary to any applicable law, rule, regulation, or public policy. Upon expiration or any termination of this Agreement, Customer shall cease all use and refrain from all further use of the Services and other NEOGOV Intellectual Property. Additionally, Customer shall be obligated to pay, as of the effective date of such expiration or termination, all amounts due and unpaid to NEOGOY under this Agreement. Unless otherwise specified, following 90 days after expiration or termination of the Agreement NEOGOV may remove Customer Data from NEOGOV Services and without Customer consent or notice.

7. Audit Rights. Upon reasonable notice, NEOGOV or its agent shall have the right to audit Customer's records relating to its compliance with this Agreement. Customer shall cooperate fully with this audit. If any audit conducted under this Section indicates that any amount due to NEOGOY was underpaid, Customer shall within three (3) business days pay to NEOGOV the amount due. All expenses associated with any such audit shall be paid by NEOGOV unless the audit reveals underpayment in excess of five percent (5%), in which case Customer shall pay such expenses as well as any amount due to NEOGOV.

8. Maintenance; Modifications; Support Services.
a) Maintenance, Updates, Upgrades. NEOGOV maintains NEOGOV's hardware and software infrastructure for the Services and is responsible for maintaining the NEOGOY server operation and NEOGOY database security. NEOGOV may in its sole discretion, periodically modify, Update, and Upgrade the features, components, and functionality of the Services during the Term. "Update" means any update, bug fix, patch or correction of the Services or underlying NEOGOY software that NEOGOV makes generally available to its customers of the same module, excluding Upgrades.

Updates are automatic and available upon Customer's next login to the Services following an Update at no additional cost to Customer. "Upgrade" means any update of the Services or underlying NEOGOV software such as platform updates, and major product enhancements and/or new features that NEOGOV makes comr.iercially available. NEOGOY shall have no obligation to provide Upgrades to customers and retains the right to offer Upgrades free of cost or on a per customer basis at additional cost. NEOGOV shall have no liability for, or any obligations to, investments in, or modifications to Customer's hardware, systems or other software which may be necessary to use or access the Services due to a modification, Update, or Upgrade of the Services. b) Program Documentation: Training Materials. "Program Documentation" shall mean all user guides, trammg, and implementation material, and Service descriptions provided by NEOGOY to Customer in connection with the Services.

NEOGOV hereby grants to Customer a non-exclusive, non-sublicensable, non-transferable license to use, print, and distribute internally via non-public platforms, the Program Documentation during the Term solely for Customer's internal business purposes in connection with its use of the Services. Primary training ofNEOGOV Services is conducted by selfreview of on line materials. NEOGOV's pre-built, on line training consists of a series of tutc,rials to introduce the standard features and functions (the "Training Materials"). The Training Materials may be used as reference material by Customer Personnel conducting day-to-day activities.
c) Implementation. For Services requiring implementation, NEOGOY implementation supplements the Training Materials and is conducted off-site unless otherwise agreed in the Order Form. For an additional fee as detailed on an applicable Order Form, NEOGOV personnel will provide consultation on best practices for setting up the Services, answer Customer questions during the implementation period, and use commercially reasonable efforts to ensure Authorized User Admins grasp the system. The length of the implementation time is dependent on the type of Service and the Customer's responsiveness. NEOGOY is not responsible or liable for any delay or failure to perform in:plcmcntation caused in whole or in part by Customer's delay in pcrfonn ing. its obligations hereunder and. in the event Df any such delay. NEOGOY may. in its sole discretion. extend all perfo rmance elates as NEOGOY deems reasonably n,xessary. d) Support. Phone support for the Services is available to Customer Monday through Friday, excluding NEOGOV holidays.

Customer may submit a request for on line support for the Services 24 hours a day, seven days a week, and the NEOGOY support desk will acknowledge receipt of the request within a reasonable time. The length of time for a resolution of any problem is dependent on the type of case.
e) Limitations. Unless otherwise specified in the Order Form, this Agreement does not obligate NEOGOY to render any maintenance or support services that are not expressly provided herein, including, but not limited to data uploads, manual 3

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NEOGOVTM P<!>werDMS
Digital Management Software
A HEOCOV Comp,ny
data entry, migration services, data conversion, refinement, purification, reformatting, SQL dump, or process consultation.

9. NEOGOV Intellectual Property. NEOGOV shall exclusively own al l right, title and interest in and to all pre-existing and future intellectual property developed or delivered by NEOGOV including all Services, products, systems, software (including any source code or object code) or Service Specifications related thereto, Updates or Upgrades, trademarks, service marks, logos and other distinctive brand features of NEOGOV and all proprietary rights embodied therein (collectively, the "NEOGOV Intellectual Property"). This Agreement does not convey or transfer title or ownership of the NEOGOV Intellectual Property to Customer or any of its users. All rights not expressly granted herein are reserved by NEOGOV. Other than recommendation use or as required by law, all use ofNEOGOV trademarks must be pre-approved by NEOGOV prior to use. Trademarks shall include any word, name, symbol, color, designation or device, or any combination thereof that functions as a source identifier, including any trademark, trade dress, servi ce mark, trade name, logo, design mark, or domain name, whether or not registered.

IO. Data Processing and Privacy.
a) Customer Data. "Customer Data" shall mean all data that is owned or developed by Customer, whether provided to NEOGOV by Customer or provided by a third party to NEOGOV in connection with NEOGOV's provision of Services to Customer, including Personnel data collected, loaded into, or located in Customer data files maintained by NEOGOV.

NEOGOV Intellectual Property, including but not limited to the Services and all derivative works thereof, NEOGOV Confidential Information, and Platform Data do not fall within the meaning of the term "Customer Data". Customer exclusively owns all right, title, and interest in and to all Customer Data. Customer grants NEOGOV a license to host, use, process, display, create non-personal derivative works of, and transmit Customer Data to provide the Services.

NEOGOV reserves the right to delete or disable Customer Data stored, transmitted or published by Customer using the Services upon receipt of a bona fide notification that such content infringes upon the intellectual property rights ofothers, or ifNEOGOV otherwise reasonably believes any such content is in violation of this Agreement. b) Platform Data. "Platform Data" shall mean any anonymized data reflecting the access to or use of the Services by or on behalf of Customer or any user, including statistical or other analysis and performance information related to the provision and operation of the Services including any end user visit, session, impression, clickthrough or click stream data, as well as log, device, transaction data, or other analysis, information, or data based on or derived from any of the foregoing.

NEOGOV shall exclusively own all right, title and interest in and to all Platform Data. Customer acknowledges NEOGOV may compile Platform Data based on Customer Data input into the Services. Customer agrees that NEOGOV may use Platform Data to the extent and in the manner permitted under applicable law. Such anonymized data neither identifies Customer or its users, nor can Customer or any its users can be derived from such data. c) Data Processing Agreement. To the extent Customer uses the Services to target and collect personal information from users located in the European Union, European Economic Area, or Switzerland (the "EU") or the United Kingdom ("UK"), or has Authorized Users accessing the Services from the EU or UK, the terms of:he NEOGOV Data Processing Addendum ("DPA") made available on the NEOGOV Site is hereby incorporated herein by reference and made part of this Agreement.
d) Data Responsibilities.
i) NEOGOV will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of the Customer Data. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Customer Data by NEOGOV personnel except (a) to provide the Services and prevent or address service or technical problems, (b) as compelled by applicable law, or (c) as Customer expressly permits in writing. Customer acknowledges and agrees that it is commercially reasonable for NEOGOV to rely upon the security processes and measures utilized by NEOGOV's cloud infrastructure providers.
ii) Customer is solely responsible for the development, content, operation, maintenance, and use of Customer Data, including but not limited to compliance with applicable laws. NEOGOV will have no responsibility or liability for the accuracy of the Customer Data prior to receipt of such data into the Services. Without limiting the foregoing, Customer shall be solely responsible for and shall comply with all applicable laws and regulations relating to (a) the accuracy and completeness of all information input, submitted, or uploaded to the Services, (b) the pri vacy of users of the Services, including, without limitation, providing appropriate notices to and obtaining appropriate consents from any individuals to whom Customer Data relates; and ( c) the collection, use, modification, alteration, extraction, retention, copying, external storage, disclosure, transfer, disposal, and other processing of any Customer Data.

NEOGOV is not responsible for lost data caused by the action or inaction of Customer or Authorized Users. Unless 4

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NEOGOV™ P<!.>werDMS
Digital Management Software
A HEOGOV eom,,.n,
otherwise mutually agreed in writing, Customer shall not maintain any financial, health, payment card, or similarly sensitive data that imposes specific data security or data protection obligations within the Services. Customer shall provide and institute all appropriate tools and procedures required to ensure the security of its own information system and, more specifically, to prevent, detect and destroy the occurrence of any viruses. e) Breach Notice. NEOGOY will notify Customer of unauthorized access to, or unauthorized use, loss or disclosure of Customer Data within its custody and control (a "Security Breach") within 72 hours ofNEOGOV's confirmation of the nature and extent of the same or when required by applicable law, whichever is earlier. Each party will reasonably cooperate with the other with respect to the investigation and resolution of any Security Breach. If applicable law or Customer's policies require notification of its Authorized Users or others of the Security Breach, Customer shall be responsible for such notification.
f) Data Export, Retention and Destruction. Customer may export or delete Customer Data from the Services at any time during a Subscription Term, using the existing features and functionality of the Services. Customer is solely responsible for its data retention obligations with respect to Customer Data. If and to the extent Customer cannot export or delete Customer Data stored on NEOGOY's systems using the then existing features and functionality of the Services, NEOGOY wi ll, upon Customer's written request, make the Customer Data available for export by Customer or destroy the Customer Data. If Customer requires the Customer Data to be exported in a different format than provided by NEOGOY, such additional services will be subject to a separate agreement on a time and materials basis. Except as otherwise required by applicable law, NEOGOV will have no obligation to maintain or provide any Customer Data more than ninety (90) days after the expiration or termination of this Agreement. Customer acknowledges that it is solely responsible for determining any retention requirements with respect to the Customer Data as required by applicable law and NEOGOY disclaims all liability in connection with such determination. In addition, to the extent Customer requests that NEOGOY retain Customer Data beyond the expiration of the retention period required by applicable law, rule or regulation, NEOGOY disclaims all liability in in connection with retaining such Customer Data including but not limited to any claims related to loss or destruction of such Customer Data.

11. Third Party Services. The Services may permit Customer and its Authorized Users to access services or content provided by third parties through the Services ("Third Party Services"). Customer agrees that NEOGOV is not the original source and shall not be liable for any inaccuracies contained in any content provided in any of the Third Party Services. NEOGOY makes no representations, warranties or guarantees with respect to the Third Party Services or any content contained therein. NEOGOY may discontinue access to any Third Party Services through the Services if the relevant agreement with the applicable third party no longer permits NEOGOV to provide such access. If loss of access to any Third Party Services (to which Customer has a subscription under this Agreement) occurs during a Subscription Term, NEOGOV will refund to Customer any prepaid fees for such Third Party Services covering the remainder of the Subscription Term.

12. Nondisclosure.
a) Definition of Confidential Information. "Confidential Information" means all information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Customer's Confidential Information includes its Customer Data. NEOGOV Confidential Information includes the NEOGOY Intellectual Property and the Services. The Confidential Information of each party includes the terms and conditions of this Agreement and all Order Forms (including pricing), as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party.

However, Confidential Information does not include any information that (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (c) is received from a third party without breach of any obligation owed to the Disclosing Party, or (d) was independently developed by the Receiving Party.
b) Obligations. The Receiving Party will: (i) use the same degree of care it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care); (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement and (iii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its employees and contractors who need access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not less protective of the Confidential Information than those herein.
c) Exceptions. The Receiving Party may disclose Confidential In formation of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the 5

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NEOGOV™ P<!>werDMS
Digital Management Software
A NEOGOV C..-,y
extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.
d) Equitable Relief. The parties recognize and agree there is no adequate remedy at law for breach of the provisions of the confidentiality obligations set forth in this Section 12, that such a breach would irreparably harm the Disclosing Party and the Disclosing Party is entitled to seek equitable relief (including, without limitation, an injunction) with respect to any such breach or potential breach in addition to any other remedies available to it at law or in equity.

13. Representations, Warranties, and Disclaimers.
a) Mutual Representations. Each party represents and warrants to the other party that (i) it has full power and authority under all relevant laws and regulations and is duly authorized to enter into this Agreement; and (ii) to its knowledge, the execution, delivery and performance of this Agreement by such party does not conflict with any agreement, instrument or understanding, oral or written, to which it is a party or by which it may be bound, nor violate any law or regulation of any court, governmental body or administrative or other agency having jurisdiction over it. b) Service Performance Warranty. NEOGOV warrants that it provides the Services using a commercially reasonable level of care and skill and in a professional manner in accordance with generally recognized industry standards for similar services.
c) No Other Warranty. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS WARRANTY SECTION, THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK. NEOGOV DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS

AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEOGOV

DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ANY ERROR WILL BE CORRECTED.
d) Disclaimer of Actions Caused by and/or Under the Control of Third Parties. NEOGOV DOES NOT AND CANNOT

CONTROL THE FLOW OF DATA TO OR FROM THE NEOGOV SYSTEM AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE r-.lTERNET (OR PORTIONS THEREOF). ALTHOUGH NEOGOV WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL

ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND A VOID SUCH EVENTS, NEOGOV CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NEOGOV DISCLAIMS ANY AND

ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS OR WITH RESPECT TO ANY THIRD PARTY SERVICES.
e) No Medical Advice. Through certain Services, NEOGOV may make certain telehealth related information available to Customer and/or facilitate user access to telemedicine, expert medical services, and/or emergency medical services.

NEOGOV is independent from healthcare providers who provide telemedicine services and is not responsible for such healthcare providers' acts, omissions or for any content or communications made by them. The Services do not provide medical advice and do not create a healthcare provider/patient relationship between Customer and NEOGOV or otherwise. Any Services, or content accessed from the Services, are for informational purposes only and do not constitute medical advice. Customer should seek professional medical advice, diagnosis, and/or treatment for any and all medical conditions, whether as a result of using Services or otherwise. NEOGOV IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER TREAT'.\1ENT OR INFORMATION THAT CUSTOMER OR ITS USERS MAY OBTAIN THROUGH THE USE OF THE SERVICES.

14. Indemnification.
a) Customer Indemnity. To the extent permitted by applicable law, Customer will defend and indemnify NEOGOV from and against any claim, demand, suit or proceeding made or brought against NEOGOV (i) by a third party alleging that any Customer Data infringes or misappropriates such third party's intellectual property rights, (ii) in connection with Customer's violation of any applicable laws, or (iii) any claim or allegation by any third i:;arty resulting from or related to Customer's or any of its Authorized User's breach of Section 3 of this Agreement. 6

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NEOGOV™ P<!>werDMS
Digital Management Software
A IIEOGOV C-.-1
b) NEOGOV Indemnity. Subject to subsections 14(b)(i) through 14(b)(iii) and 14(c) of this Section, ifa third party makes a claim against Customer that any NEOGOV intellectual property furnished by NEOGOV and used by Customer infringes a third party's intellectual property rights, NEOGOV will defend the Customer against the claim and indemnify the Customer from the damages and liabilities awarded by the court to the third-party claiming infringement or the settlement agreed to by NEOGOV.
i) Alternative Resolution. lfNEOGOV believes or it is determined that any of the Services may have violated a third party's intellectual property rights, NEOGOV may choose to either modify the Services to be non-infringing or obtain a license to allow for continued use. If these alternatives are not commercially reasonable, NEOGOV may end the subscription or license for the Services and refund a pro-rata portion of any fees covering the whole months that would have remained, absent such early termination, following the effective date of such early termination. ii) No Duty to Indemnify. NEOGOV will not indemnify Customer if Customer alters the Service or Service Specifications, or uses it outside the scope of use or if Customer uses a versic-n of the Service or Service Specifications which has been superseded, if the infringement claim could have been avoided by using an unaltered current version of the Services or Service Specifications which was provided to Customer, or if the Customer continues to use the infringing material after the subscription expires. NEOGOV will not indemnify the Customer to the extent that an infringement claim is based upon any information, design, speci:ication, instruction, software, data, or material not furnished by NEOGOV. NEOGOV will not indemnify Customer for any portion of an infringement claim that is based upon the combination of Service or Service Specifications with any products or services not provided by NEOGOV. NEOGOV will not indemnify Customer for infringement caused by Customer's actions against any third party if the Services as delivered to Customer and used in accordance with the terms of the Agreement would not otherwise infringe any third-party intellectual property rights. iii) Exclusive Remedy. This Section provides the exclusive remedy for any intellectual property infringement claims or damages against NEOGOV.
c) Indemnification Procedures. In order to receive the indemnities described hereunder, the indemnified party must: (i) promptly notify the indemnifying party, in writing, of any claim; (ii) cooperate reasonably with indemnifying party, at the indemnifying party's expense, in the defense and/or settlement thereof; and (iii) allow the indemnifying party to control the defense and/or settlement thereof except that the indemnifying party may not, without the indemnified party's prior written consent, enter into any settlement that does not unconditionally release the indemnified party from liability.

The indemnified party shall have the right to participate in any defense ofa claim and/or to be represented by counsel of its own choosing at its own expense, provided that ultimate control of such defense shall remain solely with the indemnifying party.

15. Limitations of Liability.
a) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO

EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS

SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, INCLUDING FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN VALUE; (b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES; (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (d) COST OF REPLACEMENT GOODS OR SERVICES; (e) LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY OR PROFIT, OR LOSS OF REPUTATION; OR (f) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY,

SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE

ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE

OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
b) CAP ON MONETARY LIABILITY. EXCEPT FOR DAMAGES ARISING OUT OF LIABILITY WHICH CANNOT

BE LAWFULLY EXCLUDED OR LIMITED, OR CUSTOMER'S OBLIGATIONS TO MAKE PAYMENT UNDER

THIS AGREEMENT, THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY FOR ANY AND ALL CLAIMS

AGAINST THE OTHER PARTY UNDER THIS AGREEMENT, WHETHER ARISING UNDER OR RELATED TO

BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL

OR EQUITABLE THEORY, SHALL NOT EXCEED THE AMOUNT OF ALL PAYMENTS ACTUALLY RECEIVED BY NEOGOV FROM CUSTOMER IN CONNECTION WITH THIS AGREEMENT IN THE 12 MONTH PERIOD PRECEDING THE DATE OF THE EVENT INITIALLY GIVING RISE TO SUCH LIABILITY. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT. 7

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Digital Management Software
AHEOGOVeom,..ny

16. Reimbursement of Costs in Third Party Litigation. With respect to any litigation or other court proceeding involving Customer and a third party, if any subpoena or other legally binding request related to such litigation or court proceeding is served to NEOGOV requesting copies of documents maintained by NEOGOV or otherwise requesting NEOGOV to appear as a witness in any capacity or provide testimony with respect to Customer's documentation, Customer shall reimburse NEOGOV for its out-of-pocket costs associated with compliance with such request. including but not limited to NEOGOV's reasonable attorneys' fees.

17. Text Message Communications. NEOGOV may offer Personnel the opportunity to receive text messages regarding job application or hiring process reminders, applicant status updates, or other human resource related notices. Since these text message services depend on the functionality of third-party providers, there may be technical delays on the part of those providers. NEOGOV may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. NEOGOV shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content ofan alert; or for any actions taken or not taken by you or any third party in reliance on an alert. NEOGOV cannot vouch for the technical capabilities of any third parties to receive such text messages. To the extent you utilize text messaging features, NEOGOV shall not be responsible for your use of such features, and you shall indemnify NEOGOV with respect to any damages resulting from your use including but not limited any violations of applicable law. NEOGOV MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS CONNECTED WITH THE SERVICES.

18. Publicity. Unless otherwise provided in the applicable Order Form, NEOGOV may identify Customer as one of its customers and use Customer's logo for such purposes, subject to any trademark usage requirements specified by Customer.

19. Force Majeure. Except for Customer's payment obligations to NEOGOV, neither party shall be liable for any damages, costs, expenses or other consequences incurred by the other party or by any other person or entity for any act. circumstance. event. impediment or occurrence beyond such party's reasonable control, including, without limitation: (a) acts of God; (b) changes in or in the interpretation of any law, rule, regulation or ordinance; (c) strikes, lockouts or other labor problems; (d) transportation delays; (e) unavailability of supplies or materials; (f) fire or explosion; (g) riot, pandemic, military action or usurped power; (h) actions or failures to act on the part of a governmental authority; (i) internet service interruptions or slowdowns, vandalism or cyber-attacks, or U) any other cause beyond the reasonable control of such party.

20. Independent Contractor: No Third Party Beneficiary: Fulfillment Partners. The relationship of the parties shall be deemed to be that of an independent contractor and nothing contained herein shall be deemed to constitute a partnership between or a joint venture by the parties hereto or constitute either party the employee or agent of the other. Customer acknowledges that nothing in this Agreement gives Customer the right to bind or commit NEOGOV to any agreements with any third parties.

This Agreement is not for the benefit of any third party and shall not be deemed to give any right or remedy to any such party whether referred to herein or not. NEOGOV may designate any third-party affiliate, or other agent or subcontractor (each a "Fulfillment Partner"), without notice to, or the consent of, Customer, to perform such tasks and functions to complete any Services.

21. Entire Agreement: Amendment: Addendum. This Services Agreement, the Exhibits hereto, each Addendum (as may be applicable pursuant to the terms therein) and documents incorporated herein, the applicable Order Form, and Special Conditions (if any) constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous oral and written statements of any kind whatsoever made by the parties with respect to such subj ect matter. It is expressly agreed that the terms of this Agreement and any NEOGOV Order Form shall supersede the terms in any non-NEOGOV purchase order or other ordering document. Notwithstanding the foregoing, any conflict of terms shall be resolved by giving priority in accordance with the following order: I) Special Conditions (if any), 2) NEOGOV Order Form, 3) the NEOGOV Services Agreement, and 4) incorporated documents (including the Exhibits and each applicable Addendum). This Agreement supersedes the terms and conditions of any clickthrough agreement associated with the Services.

This Agreement may not be modified or amended (and no rights hereunder may be waived) except through a written instrument signed by the parties to be bound. If you are subscribing for the HRIS or PowerEngage Plat:orm, you hereby specifically agree to the terms of the applicable Addendum set forth on the NEOGOV Site.

22. General.
a) Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of California, without giving effect to conflict of law rules. Any legal action or proceeding relating to this Agreement shall be instituted only in any state or federal court in Los Angeles, California. 8

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Digital Management Software
ANEOCOV~
b) Severability. If any provision of this Agreement is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that the remainder of this Agreement will continue in full force and effect.

Provisions that survive termination or expiration are those relating to, without limitation, accrued rights to payment, acknowledgements and reservations of proprietary rights, confidentiality obligations, warranty disclaimers, and limitations of liability, and others which by their nature are intended to survive. c) Notices. All notices or other communications required or permitted hereunder shall be in writing and shall be deemed to have been duly given either when personally delivered, one ( I) business day following delivery by recognized overnight courier or electronic mail, or three (3) business days following deposit in the U.S. mail, registered or certified, postage prepaid, return receipt requested. All such communications shall be sent to (i) Customer at the address set forth in the Order Form and (ii) NEOGOV at the address specified in the applicable Order Form. d) Waiver. The waiver, express or implied, by either party of any breach of this Agreement by the other party will not waive any subsequent breach by such party of the same or a different kind. e) Electronic Delivery. Delivery ofa copy of this Agreement or an Order Form bearing an original signature by electronic mail or by any other electronic means will have the same effect as physical delivery of the paper document bearing the original signature.
f) Assignment. Customer may not assign this Agreement without the express written approval ofNEOGOV Any attempt at assignment in violation of this Section shall be null and void. g) Construction. The parties intend this Agreement to be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The exhibits, addendum, schedules, attachments, and appendices referred to herein are an integral part of this Agreement to the same extent as if they were set forth verbatim herein. 9

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NEOGOV™
Exhibit A
Government Customer Addendum
P<!>werDMS
Digital Management Software
A 11£000V Comt>ont
If Customer is a Government Customer, the following Government Customer Addendum ("Government Addendum") forms part of the Services Agreement, and in the case of any conflict or inconsistency between the terms and provisions of this Addendum and any other provision of the Services Agreement, the terms of this Government Addendum shall control. For purposes hereof, a "Government Customer" means a Customer which is a (a) U.S. Federal agency, (b) state government, agency, department, or political subdivision (including a city, county or municipal corporation), or ( c) instrumentality of any of the foregoing (including a municipal hospital or municipal hospital district, police or fire department, public library, park district, state college or university, Indian tribal economic development organization, or port authority).

1. Applicability. The provisions of this Addendum shall apply only if Customer is a Government Customer under the Services Agreement.

2. Termination for Non-Appropriation of Funds. If Customer is subject to federal, state or local law which makes Customer's financial obligations under this Services Agreement contingent upon sufficient appropriation of funds by the applicable legislature (or other appropriate governmental body), and if such funds are not forthcoming or are insufficient due to failure of such appropriation, then Customer will have the right to terminate the Services Agreement at no additional cost and with no penalty by giving prior written notice documenting the lack offunding. Customer will provide at least thirty (30) days advance written notice of such termination. Customer will use reasonable efforts to ensure appropriated funds are available. It is expressly agreed that Customer shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis, which affects generally its fiscal operations. If Customer terminates the Services Agreement under this Section 2, Customer agrees not to replace the Services with functionally similar products or services for a period of one year after the termination of the Services Agreement.

3. Indemnification. If Customer is prohibited by federal, state or local law from agreeing to hold harmless or indemnify third parties, Section 14(a) and the indemnification provision included in Section 17 of the Services Agreement shall not apply to Customer, to the extent disallowed by applicable law.

4. Open Records. If the Customer is subject to federal or state public records laws, including laws styled as open records, freedom of information, or sunshine laws ("Open Records Laws") the confidentiality requirements of Section 12 of the Services Agreement apply only to the extent permitted by Open Records Laws applicable to the Customer. This Section is not intended to be a waiver of any of the provisions of the applicable Open Records Laws, including, without limitation, the requirement for the Customer to provide notice and opportunity for NEOGOY to assert an exception to disclosure requirements in accordance with the applicable Open Records laws.

5. Cooperative Purchasing. As permitted by law, it is understood and agreed by Customer and NEOGOV that any (i) federal, state, local, tribal, or other municipal government (including all administrative agencies, departments, and offices thereof); (ii) any business enterprise in which a federal, state, local, tribal or other municipal entity has a full, majority, or other controlling interest; and/or (iii) any public school (including without limitation K-12 schools, colleges, universities, and vocational schools) (collectively referred to as the "New Entity") may purchase the Services specified herein in accordance with the terms and conditions of this Agreement. It is also understood and agreed that each New Entity will establish its own contract with NEOGOV, be invoiced therefrom and make its own payments to NEOGOV in accordance with the terms of the contract established between the New Entity and NEOGOY. With respect to any purchases by a New Entity pursuant to this Section, Customer: (i) shall not be construed as a dealer, re-marketer, representative, partner or agent of any type of NEOGOY, or such New Entity; (ii) shall not be obligated, liable or responsible for any order made by New Entities or any employee thereof under the agreement or for any payment required to be made with respect to such order; and (iii) shall not be obliged, liable or responsible for any failure by any New Entity to comply with procedures or requirements of applicable law or to obtain the due authorization and approval necessary to purchase under the agreement. Termination of this Agreement shall in no way limit NEOGOV from soliciting, entering into, or continuing a contractual relationship with any New Entity. Any New Entity who purchases Services under this Section hereby represents that is has the authority to use this Services Agreement for the purchase and that the use of the Services Agreement for the purchase is not prohibited by law or procurement regulations applicable to the New Entity.

6. Subcontractors. For purposes of this Agreement, including any subsequent documentation requested by Customer pursuant to this Agreement, the term "subcontractors" shall exclude subcontractors (i) who perform routine software development and maintenance services which are not specific to the Customer, (ii) subcontractors who will not have any 10

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NEOGOV™ P<!>werDMS
Digital Management Software
AHEOGOVc.m.,.ny
access to Customer Data, and (iii) subcontractors who have access to Customer Data solely within NEOGOV's or Customer's systems.
11

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NEOGOV™
Exhibit B
Integration Terms Addendum
P<!>werDMS
Digital Management Software
AHEOGOV~
NEOGOV offers integrations and platform APls for integrations to third party systems ("Integration Services"). Customer may use only those Integration Services purchased or subscribed to as listed within the NEOGOV Order Form. The following terms (the "Integration Terms Addendum") shall apply to the extent that Customer utilizes a system integration between the Services and either: (a) an affiliated integrated service, including those found at https://api.neogov.com/connect/marketplace.html and/or https://apidocs.powerdms.com ("Affiliated API") or to the extent that Customer utilizes a system integration between the Services and an unaffiliated third-party service ("Customer Application") integrated using NEOGOV's open API ("Open API''). Integration Services are not available for HRIS Services and this Exhibit B shall not apply to HRIS Services.

I. Provision of Integrations. Subject to and conditioned on compliance with all terms and conditions set forth in this Agreement, NEOGOV hereby grants Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during the applicable Term to use and/or access the Affiliated API as described in this Agreement, or the Open API for communication between Customer's human resource related third application(s) that will interoperate with NEOGOY Services ( collectively these uses shall be referred to as the "API" or "Integration"). Customer acknowledges there are no implied licenses granted under this Agreement. NEOGOV reserves all rights that are not expressly granted.

Customer may not use the API for any other purpose without our prior written consent. Customer may not share the API with any third party, must keep the AP! and all log-in information secure, and must use the API key as Customer sole means of accessing the APL

2. Integration Intellectual Property. All right, title, and interest in the AP! and any and all information, data, documents, materials, inventions, technologies, know-how, descriptions, requirements, plans, reports, works, intellectual property, software, hardware, systems, methods, processes, and inventions, customizations, enhancements, improvements and other modifications based on or derived from the API are and will remain, as appropriate, with NEOGOV. All right, title, and interest in and to the third-party materials, includingall intellectual property rights therein, are and will remain with their respective third-party rights holders subject to the terms and conditions of the applicable third-party license agreements. Customer has no right or license with respect to any third-party materials except as expressly licensed under such third-party license agreements.

3. Integration Terms of Use. Except as expressly authorized under this Agreement, you may not remove any proprietary notices from the API; use the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property rightor other right of any person, or that violates any applicable law; combine or integrate the API with any software, technology, services, or materials not authorized by NEOGOV; design or permit Customer Application(s) to disable, override, or otherwise interfere with any NEOGOY-implemented communications to end users, consent screens, user settings, alerts, warning, or the like; use the API in any of Customer Application(s) to replicate or attempt to replace the user experience of the Services; or attempt to cloak or conceal Customer identity or the identity of Customer Application(s) when requesting authorization to use the AP!.

4. Customer Integration Responsibilities. Customer, Customer developed web or other software services or applications, and Customer third-party vendors that integrate with the API (collectively the "Customer Applications"), shall comply with all terms and conditions of this Agreement, all applicable laws, rules, and regulations, and all guidelines, standards, and requirements that may be posted on https://api.neogov.com/connect/index.html and/or https://apidocs.powerdms.com from time to time. In addition, Customer will not use the API in connection with or to promote any products, services, or materials that constitute, promote, or are used primarily for the purpose of dealing in spy ware, adware,or other malicious programs or code, counterfeit goods, items subject to U.S. embargo, unsolicited mass distribution of email ("spam"), multi-level marketing proposals, hate materials, hacking, surveillance, interception, or descrambling equipment, libelous, defamatory, obscene, pornographic, abusive, or otherwise offensive content, stolen products, and items used for theft, hazardous materials, or any illegal activities.

5. Cooperation. If applicable, Customer shall timely provide such cooperation, assistance, and information as NEOGOV reasonably requests to enable the AP!. NEOGOV is not responsible or liable for any late delivery or delay or failure of performance caused in wholeor in part by Customer's delay in performing, or failure to perform, any of its obligations under this Agreement. NEOGOV will provide Customer maintenance and support services for API issues arising from the information technology designed, developed, and under then current control ofNEOGOV. NEOGOV shall have no obligation to provide maintenance or support for issues arising from the inaction or action of Customer or third parties of which are outside NEOGOY control.

6. Provision of Open APL In the event license fees or other payments are not due in exchange for the right to use and access the Open API, you acknowledge and agree that this arrangement is made in consideration of the mutual covenants set forth in this Agreement, including, without limitation, the disclaimers, exclusions, and limitations of liability set forth herein. 12

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NEOGOV™ P<!>werDMS
Digital Management Software
A IIEOGOV Company
Notwithstanding the foregoing, NEOGOV reserves the right to charge for access with effect from the start of each Renewal Term by giving Customer at least ninety (90) day notice prior to commencement ofa Renewal Term.

7. AP[ Key. In order to use and access the Open API, you must obtain an Open AP! key through the registration process.

Customer agreesto monitor Customer Applications for any activity that violates applicable laws, rules and regulation, or any terms and conditions of this Agreement, including any fraudulent, inappropriate, or potentially harmful behavior.

This Agreement does not entitle Customer to any support for the Open APL You acknowledge that NEOGOV may update or modify the Open API from time to time and at our sole discretion and may require you to obtain and use the most recent version(s). You are required to make any such changes to Customer Applications that are required for integration as a result of such Update at Customer sole cost and expense. Updates may adversely affect how Customer Applications communicate with the Services.

8. Efficient Processing. You must use efficient programming, which will not cause an overwhelming number ofrequests to be made in too short a period of time, as-determined solely by NEOGOV. If this occurs, NEOGOV reserves the right to throttle your AP! connections,or suspend or terminate your access to the Open APL NEOGOV shall use reasonable efforts to provide Customer notice and reasonable time to cure prior to taking such actions.

9. Open AP! Limitations. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT

WILL NEOGOVBE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT,

NEGLIGENCE, STRICTLIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, LOST

PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF

BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE OPEN AP!; OR ANY DAMAGES, IN THE

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Page 134 ends

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Page 135 ends

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Order Summary
NEOGOV
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Livingston, City of (CA)
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Page 136 ends

Year1 Year 1 licenses discounted 40%, Setups discounted from $7,260 to $5,500 Service Description Start Date End Date Term Price (USD) Insight Setup $3,080.00
Onboard Setup $2,420.00
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Page 137 ends

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Page 138 ends

Page 139 ends

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Page 141 ends

STAFF REPORT e .

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

Consideration of an Ordinance of the City Council of the City of Livingston Repealing Chapter 3, Underground Utility Districts, of Title 9 and Replacing it with Chapter 3, Underground, Utilities, of Title 9 of the City of Livingston Municipal Code.

April 16, 2024
Roy Santos, City Attorney
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Waive the Second Reading of the Ordinance by Title Only, Open the Public Hearing, Close the Public Hearing and Adopt the Ordinance as Presented.

BACKGROUND AND DISCUSSION:

In 2023, the Mayor and City Council directed the City Attorney's Office to amend the Municipal Code relating to Underground Utilities. The Council directed this item to comply with updated state laws as well as the previous code requiring undergrounding of utilities for infill lots, or in the event of rebuilding due to fire or other events outside of the control of the property owner.

This requirement had the effect of adding substantial costs for infill development and for those projects in neighborhoods in which underground utilities were not previously done.

The revised code requires new developments to underground utilities rather than by the use of poles and overhead lines while also in accordance with the California Public Utilities Commission rules and regulations. The requirement applies to electrical and telecommunications connections between utility company distribution lines and all proposed structures on a site, and all new installations that distribution utilities within a site.

Exceptions to the undergrounding requirements apply to the following:

1. New structures on parcels of five acres or larger, or requiring uninterrupted utility runs of five hundred feet or more;

2. Public utility distribution service to the edge of the lot, except in an underground utility district or where seventy-five (75%) percent of the lots on the street within one thousand (1,000ft) feet of the site area already developed, and have overhead service from the utility company distribution source to the residences;

3. Where underground installation may cause a substantial adverse environmental impact, as determined by the City; and

4. Temporary overhead extensions for use during construction and/or for the purpose of testing the power supply.

If the Council chooses not to adopt the proposed ordinance, applicants would be required to adhere to the existing ordinance which is attached as a reference.

Page 1 of 2 ends

Page 142 ends

Additional options for the Council to consider include the following:

1. Not approving this ordinance. Applicants would be required to underground utilities per the existing ordinance.

2. Directing the Attorney's Office to modify the proposed ordinance and bring back with modification.

3. Other direction as provided by the Council.

FISCAL IMPACT:

There is no fiscal impact with the adoption of the ordinance.

ATTACHMENTS:

1. Ordinance

Page 2 ends

Page 143 ends

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON REPEALING AND REPLACING IN ITS ENTIRETY CHAPTER 3 OF TITLE 9 OF THE

LIVINGSTON MUNICIPAL CODE PERTAINING TO UNDERGROUND UTILITIES WHEREAS, the City of Livingston ("the City") has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City, California Constitution Article XI, section 7; and
WHEREAS, the City wishes to enact regulations governing undergrounding of utilities at this time; and
WHEREAS, absent clear regulation there is a potential threat to the public peace, health, and safety, and, unless the City takes action to regulate it, the secondary impacts; and WHEREAS, the City has a compelling interest in protecting the public health, safety, and welfare of its citizens, residents, visitors and businesses, and in preserving the peace and quiet of the neighborhoods within the City by regulating underground utilities; and WHEREAS, nothing in this Ordinance shall be construed to: (1) allow any person to engage in conduct that endangers others or causes a public nuisance; or (2) allow any activity which is illegal under state or federal law.

NOW THEREFORE, the City Council of the City of Livingston does hereby ordain as follows:

SECTION 1. The above recitals are incorporated are hereby by reference.

SECTION 2. The Ordinance is exempt from the California Environmental Quality Act ("CEQA") because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment. (CEQA Guidelines § 1506l(b)(3).) It is also exempt because it consists of regulations and restrictions on activities to assure the maintenance, restoration, or enhancement of natural resources and the environment by prohibiting environmentally destructive components ofumegulated cannabis cultivation. (CEQA Guidelines §§ 15307 and 15308.)
SECTION 3. Chapter 3, of Title 9, of the Livingston Municipal Code is repealed in its entirety and shall read as follows:

Chapter3

UNDERGROUND UTILITIES
Section 9-3-1 Underground Utilities.

Utilities serving new development shall be installed underground rather than by the use of poles and overhead lines, and where applicable shall be installed in accordance with California Public Utilities Commission rules and regulation. This requirement applies to electrical service and telecommunications (including cable TV, telephone and data transmission) connections 01424.0001/971940.1 1

Page 144 ends

between utility company distribution lines and all proposed structures on a site, and all new installations that distribute utilities within a site. This section does not apply to the following:
(a) New structures on parcels of five acres or larger, or requiring uninterrupted utility runs of five hundred feet or more;
(b) Public utility distribution service to the edge of the lot, except in an underground utility district or where seventy-five (75%) percent of the lots on the street within one thousand (1,000ft) feet of the site area already developed, and have overhead service from the utility company distribution source to the residences; ( c) Where underground installation may cause a substantial adverse environmental impact, as determined by the City;
( d) Temporary overhead extensions for use during construction and/or for the purpose of testing the power supply.

This section may require an applicant to underground utilities from the utility company distribution source to the site, as well as on the site itself. The utility service provider should be contacted for information on the Public Utility Commission's rules and regulations regarding the undergrounding of utilities. Poles and overhead lines other than those allowed by this section are allowable subject to Minor Use Permit approval, provided that the City first finds that either topographical, soil or similar physical conditions or the distance to the utility company distribution source make the use of underground utilities unreasonable or impractical.

Section 9-3-2 Administrative Penalties.
(a) The administrative citation penalty for all violations of this chapter, within a rolling twelve-month period, deemed misdemeanors under the Livingston Municipal Code shall be as follows:
(I) First administrative citation: two hundred fifty dollars per violation; (2) Second administrative citation: five hundred dollars per violation; (3) Third administrative citation: one thousand dollars per violation; and (4) One thousand dollars per violation for each subsequent administrative citation. (b) The administrative citation penalty for all violations of this chapter, within a rolling twelve-month period, deemed infractions under the Livingston Municipal Code shall be as follows:
01424.0001/971940.1
(1) First administrative citation: one hundred dollars per violation; (2) Second administrative citation: two hundred dollars per violation; (3) Third administrative citation: five hundred dollars per violation; and ( 4) Five hundred dollars per violation for each subsequent administrative citation. 2

Page 145 ends

SECTION 6: EFFECTIVE DATE.

This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the Ordinance, or a summary of the Ordinance, shall be published once in a newspaper of general circulation.

I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the 2nd day of April 2024, and adopted the Ordinance after the second reading at a regular meeting held on the __ day of ______ 2024, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
Monica Cisneros, Deputy City Clerk

CITY OF LIVINGSTON
By:--------------
Jose Moran, Mayor
of City of Livingston

APPROVED AS TO FORM
By:--------------
Roy C. Santos, City Attorney
I, _____________ , Deputy City Clerk of the City of Livingston, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of Livingston on the date and by the vote indicated herein.
01424.0001/971940.1 3

Page 146 ends

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:
e

STAFF REPORT
Resolution Appointing Four (4) Parks Recreation and Arts Commissioners.

April 16, 2024
Jacquelyn Benoit, Recreation Superintendent
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Staff recommends that the City Council adopt Resolution 2024-_, appointing four Parks Recreation and Arts Commissioners for the terms remaining on exiting commissioners. Alan Cadiente with the expiration of 1/31/2028, Darmeen Randhawa 1/31/2028, Cristy Pineda with the expiration of 1/31/28, and Anabel Perez expiration of 1/31/28. All four applicants are Livingston residents and have been involved in the Recreation Programs and understand the department's goals and philosophies.

BACKGROUND:

In 2023 commissioners Kenneth Abeloe, Stella Estrada and Linda Deol (alternate) resigned for various reasons. In January 2024 Jilda Lopez resigned and in March Ashely Gonzalez also resigned due to work and family commitments. None of the existing commissioners have completed their terms; however, since they were all appointed to fill uncompleted terms and not all commissioners currently have expired terms at the same time, staff is requesting council to appoint the four new commissioners with terms ending 1/31/2028. Vacancies have been posted for months and we now have enough applicants to bring to the council. The council has been notified through the Recreation Staff report regarding vacancies. Vacant positions have been publicized on the digital board and the website as well as Facebook. The application deadline is open until positions are filled.

The city received a total of five applications; however, one applicant withdrew their application.

Attached are the four applications. The parties have been asked to be in attendance at the Council meeting to answer any questions they may have.

FISCAL IMPACT:

None.

ATTACHMENTS:
l. Resolution

2. Applications: Darmeen Randhawa, Alan Cadiente, Cristy Pineda, Anabel Perez 1

Page 147 ends

RESOLUTION 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

APPOINTING ALAN CADIENTE, DARMEEN RANDHAWA, CRISTY PINEDA, AND ANABEL

PEREZ TO THE PARKS RECREATION AND ARTS COMMISSION
WHEREAS, In 2023 we lost 3 commissioners Kenneth Abeloe, Stella Estrada and Linda Deol (alternate) for various reasons, then in January 2024 Jilda Lopez resigned and in March Ashely Gonzalez also resigned due to work and family commitments, and WHEREAS, The city received a total of 5 applications; however, one applicant withdrew their application. ALAN CADIENTE, DARMEEN RANDHAWA, CRISTY PINEDA, and ANABEL PEREZ are all Livingston residents and have been involved in the Recreation Programs and understand the departments goals and philosophies, and
WHEREAS, None of the existing commissioners have completed their terms; however, since they were all appointed to fill uncompleted terms and not all commissioners currently have expired terms at the same time, I am asking for the council to appoint the 4 new commissioners with terms ending 1/31/2028. Vacancies have been posted for months and now we have enough applicants to bring to the council, and
WHEREAS, The council has been notified through the Recreation Staff report regarding vacancies. Vacant positions have been publicized on the digital board, word of mouth, the city website as well as Facebook. The application deadline is open until positions are filled; and WHEREAS, by appointing the 4 applicants the commission would have 8 regular members; and NOW, THEREFORE, BE IT RESOLVED that the City of Livingston does hereby appoint ALAN CADIENTE, DARMEEN RANDHAWA, CRISTY PINEDA, and ANABEL PEREZ TO THE PARKS RECREATION AND ARTS COMMISSION.

I hereby certify that the foregoing Resolution No. 2024-_ is a full, true and correct copy of a resolution duly passed and adopted by City Council of the City of Livingston at a regular meeting thereof duly held on 16th day of April 2024, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:------------
Jose A. Moran, Mayor
of the City of Livingston

Page 148 ends

ATTEST:

Monica Cisneros, Deputy City Clerk
of the City of Livingston

APPROVED AS TO LEGAL FORM
Roy C. Santos, City Attorney

Page 149 ends

Please return to:

City of Livingston
Attn: City Clerk
1416 C Street
Livingston, CA 95334
(209)394-8041 ext 121
City of Livingston
Parks Recreation and Arts Commission
Deadline for Submission September 1, 2023 at 4:30pm
Supplemental Questionnaire
"

NOV LI LULJ
Please print or type your answers to the following questions and submit them with your completed application.

You may submit additional sheets, if necessary, to complete your answers. 1) Have you ever attended a Parks Recreation and Arts Commission meeting? YES @ Date attended ___ _
2) How did you learn about the vacancy on the Parks Recreation and Arts Commission? "I: t.No-~ CJ>f'~o bi ,oh, o..f\c} JC>..t..~\e -'< orv-. Q.ec... o.'co.fe' "W\'-~ ~-...~C('i.
3) Describe your involvement in community activities, volunteer and civic organizations:
~'f $'.-.J~\-.tQ_~(\"l" 'tf'. (_C:,.fV\M->"- 1.""t--f l Vv\vl\1;'-(_,'(...f' "'-'\C, <;A\/~\. Q('_jc,,._1',"\...0-.."'"0t'\f CA'< Q. v-..~ ~\OvJ~ •• ltv-.c..\.-\ t-er \,--\+\~ K\~~ b: .. ~~.:~_,..\\ ~ Qi loo..Se.loc'-\,, Lt>-e.6 s~c....'-\ ~\t.>-"J-<.. (" la 'I-C ~( S f"\e_.cv \'-J . 4) What is it about the Parks Recreation and Arts Commission that interests you? What qualities, experience and expertise would you bring to the Parks Recreation and Arts Commission? I ~\N:> r.'\CA.~'-~ ,,v~~S'\""or. ~c.. o.. 4>\c,.....L~ +or · 1.<...i.d.S ~ ~ OvJ O'--r"\6 bt ~ 0'""\,\. -R.. $ \."'-~ Nj \J o....r: ~ ~ of.. ~ \:>Of'°H So~t-~ -"-~ ~-\ \f\~ Q.. ~ ~ . IY\-L- • .L ~~ \ ~Q. ""u f 11. \ Y\\)O\v<t t'V\ ~n-+- v-..R.. ~\)(.. Ck Q\){ (j) ~~\) ~ '"'1 Ct-\- \'-'°'-) ) -e_ C\.." c-. \ s to l. -e..S ~ ~\C-~ ~~ ·d~~ ~ CA..ct\'-'\~~ CA..f\.C. &-\-e,,._'-'§~ t>4"- ~ ~.e_e.t\' ~ . \ k .Q. \ ~ \ t() \J \ 0- ~ '"'<-\ ~ \"-' ' °'UM, (),.. r--. ct t;v ~ ~ w O)U\O-l ~~~ '"" ~ t,O\~ ~ , ""'-CJ--,"4-t .w t.'I'-~~ ~\ ~ ~~ ~cl- '""~\1nv,..') .

Page 150 ends

5) How would you see your role as a commissioner when recommending policy and working with the council? '\""\'y -c 0 \e. °'-"' <..c.=i;n,<;,c:"'"-r 1...>ov\o l::>e, lo\",~,~ 0\. I'\,;:_'-' -prc,sp~ot('-'!l.. -h<>....-.. "'- ~c.-J~..._.., °.:)-.:..J/'\-u--o-.....,;,c.,..., ~"' -\hJL U'fV'\"'-""'~I • :S"'"'-'--O"<t. ~"I:- ,c; c..t><,,<. \"-CXA'<!., Of "-<:.<..." "&,.~(It "'"-"<- "'lhc,..-\- \o""'- ..._.,_O \v• '·• ..• , , .,) _ Jc .J ' '- 'O.._-t,...,..._ 'tf"\vll\~ ti\ \-+...(_ <fl""""'• ,-h\ w~ ,.i.. w 0.5 '""-\\- \-'i,~nS<.hoo\ S~"'5 ~ , p\o-.~e.c,. '-\ '-\eCA.< & o.f- \)o'l\~v,. ~ S~\\ ) °""C... ~ '-I e..o-.r:s c:+- bCAS'f-.c.."'n:x.>-\.\, , ..,._, 0-....5 IV"\\.lO\'-' c.o\ '" \t.O..e,v<6\·,\P ""'-S ~,, , $1> '-C-(_-<.-\ -¥,-._..,_',;- \~ ~•"-"'~ ._.,._., $ O{)pVrt·"(\; I 1,->o..i\c\ 'ot o-'ol.!l.. 't() '()qi'\✓ c>-.\o"'I- h ~ +<:;..i:,-.... =-~ d,.tl,'C\.lSS co .... s °'"''I f\."-..._. ~\i.C.'-1 0-<'-0- I Q.':)\l\c..~ O"- S,
6) What are the current issues that the Parks Recreation and Arts Commission will face? G;,cr<t"'-~'; ·, ~(..-<:. \ v,.>Q 'k:,..c...Q.. ~,\Je.,~,\.y. NO\- O-.\o\- c~ -\->NL (.c::,M<.-A,;,0-\·•,:,1 •,S \r\vO\,,.e6 11\t..~ c),.,~c..,t"-~ Cl.>\~f-e.'t,.

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7 )If appointed, what specific goals would you like to see the Parks Recreation and Arts Commission achieve? \ \.)-.)CQ\.d.. \, 'f-.4. -'\"t:> <5<2..'2. ~°'-.f ¥;..._ t&, ~ ,::,;; <-~ Q_V..Q. 00C>'t • \ WC'-J\~ \~ ~<:_ ""\"-C O"<- e_ 'N'O'I ~ 'S \'t,r~ ' f'f',.~ v-e '~ \o.e:i'-\,)' "'\:\ ~ 'oi\~ "oto\.:>~h"t ti'-)-\ ~'- ---'if\.'t::,!::,..Q <J>Y\..0 c)Q ~ ,,~~ &co~ ' ~, s -0:.,, 6,)Q.'( Cl..\\ '('fO\ ~ -, \ ~ ~ CD\ ~-.:; n '--\:-'f •
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Page 151 ends

Committee/Commission Application
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Page 152 ends

Please return to:

City of Livingston
Attn: City Clerk
1416 C Street
Livingston, CA 95334
(209)394-8041 ext 121
City of Livingston
Parks Recreation and Arts Commission
Deadline for Submission Open Until Filled
Supplemental Questionnaire
DATE: -,bf1UL \ l o'V~
0 Please print or type your answers to the following questions and submit them with your completed application.

You may submit additional sheets, if necessary, to complete your answers. 1) Have you ever attended a Parks Recreation and Arts Commission meeting? YES €J Date attended _ __ _
2) How did you learn about the vacancy on the Parks Recreation and Arts Commission? \J\,\ A C-t('-\ ~lA?tu't Ee'
3) Describe your irwol.vement in community activities, volunteer and c~yic ~rj ~nJ!ations:
\)..Vtt--\~~ ·. ~ :
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-'\v~ ~\~-r ~X.\N" ~ w)~~xl\- t~~
4) What
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. B\--f-\~
the Parks
€--.'{N)
Recreation and Arts Commission that
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interests you?
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What qualities
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Page 153 ends

5) How would you see your role as a commissioner when recommending policy and working with the council? -t<J~ 1 '"L J><M k~ ~ r ~~fu~ W~ CPN
A:\)~S5 ~'i Gu~sno~s l CD..JC-6'L.N ~ oC:-~ ~u.L--.
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6) What are the current issues that the Parks Recreation and Arts Commission will face? ~~.w,l-l" - ~v,~"\) l't~i) ~.., 6~ ~o -5~
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Page 154 ends

Committee/Commission Application
A .\ddrus Con~11eo/Conu11lufon Applyln~ For
Un Wllhln City f.ln,lls
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Page 155 ends

Please return to:

City of Livingston
Attn: City Clerk
1416 C Street
Livingston, CA 95334
(209)394-8041 ext 121
City of Livingston
Parks Recreation and Arts Commission
Deadline for Submission Open Until Filled
Supplemental Questionnaire
NAME: Cristy Freitas
DATE: 03/28/24
Please print or type your answers to the following questions and submit them with your completed application.

You may submit additional sheets, if necessary, to complete your answers. 1) Have you ever attended a Parks Recreation and Arts Commission meeting? 0 NO Date attended ....:N_.:....:./ A_;__ _ _
2) How did you learn about the vacancy on the Parks Recreation and Arts Commission? City of Livingston Website/Jacquie Bennoit
3) Describe your involvement in community activities, volunteer and civic organizations:

I am involved in community activities through my child's participation in sports such as basketball, softball, basketball, and flag football. I also participate in the co-ed softball recreational league.
4) What is it about the Parks Recreation and Arts Commission that interests you? What qualities, experience and expertise would you bring to the Parks Recreation and Arts Commission? Since my child partakes in different sports and I coach my softball team, I'd like to be involved in being part of the Parks Recreation and Arts Commission to help out our community. If chosen for this opportunity I would bring an energetic attitude to help our community grow our recreational opportunities.

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5) How would you see yot1r role as a commissioner when recommending policy and working with the council? I would see it as an important role that helps out our community by advising council on how our Parks Recreation and Arts Commission can improve or have better opportunities for our residents. I believe that the insight of member of the community is helpful because I care about our city and the opportunities that we give to our residents.
6) What are the current issues that the Parks Recreation and Arts Commission wm face? I don't see any issues that the Parks Recreation and Art Commission is currently facing, but with my involvement I could learn and see if there are any foreseeable issues that I can advise on.
7 )if appointed, what specific goals would you like to see the Parks Recreation and Arts Commission achieve?
If appointed, I would like to see more opportunities for recreational and athletic opportunities to be offered to adults so more of our residents can be involved in our community. I would also like to see more promoting of the opportunities we offer so residents can be more involved and be proud to be a residents of the City of Livingston.

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Committee/Commission Application
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Cristy Freitas Parks Recreation and Arts Commission
Lh t \\ hhin Cit) l.imits OcrupJtion
No QA Supervisor
Pl•••• d"rribt ) •• b..,kgrou•d 11nd quallfi<ahons
I have lived in Livingston since I was 6 ears old. I feel proud to sa that Livingston is my hometown and have alwa s wanted to be more involved in m communit . This would be a reat start to bein involvement of our residents and assist our Parks Recreation and Arts Commission in doing so. -------------

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...

Please return to:

City of Livingston
Attn: City Clerk
1416 C Street
Livingston, CA 95334
(2091394-8041 ext 121
City of Livingston
Parks Recreation and Arts Commission
Deadline for Submission Open Until Filled
Supplemental Questionnaire
NAME: _ A-na.la.J Pe..Ye_,-z..,
e
Please print or type your answers to the following questions and submit them with your completed application.

You may submit additional sheets, if necessary, to complete your answers. 1} Have you ever attended a Parks Recreation and Arts Commission meeting? YES ~ Date attended ___ _
2) How did you learn about the vacancy on the Parks Recreation and Arts Commission? :r::."'-- ~W--f S~'~ v>:~ ~llr'W
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3) Describe your involvement in community activities, volunteer and civic organizations:

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Committee/Commission Application
Address Commiu c"°fCon1mi5sinn Appl~ in~ t-or
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Please describe you backitround and qumllflca1ions
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STAFF REPORT
AGENDA ITEM: Discussion and Direction on City of Livingston Fire Services MEETING DATE: April 16, 2024
FROM: Christopher Lopez, Interim City Manager
RECOMMENDATION:

Discussion and Direction on City of Livingston Fire Services BACKGROUND:

On February 7, 2023, the Livingston City Council was scheduled to discuss an agreement with Merced County for enhanced staffing at Station 96 in the City of Livingston. The agenda item proposed staffing at a 2-0 level at a cost of $399,903 to the city for the increased staffing. The proposed cost to the City of Livingston was proposed based on the call for service volume and was the rationale for the City’s proportion of costs. That evening, the then Acting City Manager pulled the agenda item from discussion.

Within a couple of months, Merced County notified the City that it was increasing the contract amount to $750,000 (from $399,903). Currently, Livingston residents contribute approximately $1,007,010 in fire parcel tax revenues to the County which it currently retains. The Livingston parcel tax revenues in excess of $1M plus the proposed $750,000 would mean Livingston resident contributions would total $1.8M. Based on total station costs of approximately $2.3M, city residents would be required to pay nearly 80% of the total station costs. Station 96 currently responds to Livingston calls for service as well as County calls for service. In 2022, the total calls for service totaled 61% Livingston calls, and 39% County resident calls.

Once presented with this information of the increase to $750,000, the City Manager’s Office questioned why the City of Livingston would be paying nearly 80% of the costs ($1M parcel tax + $750,000) when Station 96 personnel responds to city and county calls.

Ideally, the City would pay for its fair proportion of calls, and the County would pay for its fair share. Legally, the City has an obligation to its tax payers to ensure it is not covering costs in excess of what it should be paying.

In late January 2024, the City was notified that the County had “drafted” a proposal to potentially close the Livingston station as well as numerous other stations. This document was provided as an attachment to the February 6, 2024, meeting of the Mayor and City Council to undertake community wide polling for a potential sales tax measure since the City does not have an additional $750,000 in revenues. The City Council approved the requested action, and the City will soon kickoff the community wide polling.

The City of Livingston has always understood the need for additional funding necessary for a higher level of staffing and remains open to discussing an equitable arrangement which does not unfairly burden Livingston taxpayers.

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DISCUSSION:

On April 9, 2024, the Merced County Board of Supervisors had a discussion related to the potential closure of Livingston Station 96. The Board of Supervisors ultimately continued the conversation until May 7, 2024.

At this Board meeting, the City Manager’s Office and City Council members voiced their concern, thoughts, and questions to the Board of Supervisors related to the potential action.

CITY OF LIVINGSTON PROPOSALS:

Since the April 9, 2024, Board meeting, the City Manager’s Office has provided the County CEO’s Office with two proposals to keep Station 96 operational.

The City’s proposals to the County include the following:

1. Stop gap funding via overtime from July 1, 2024—Safer Grant determination to avoid potential station closure.
a. The County should run the analyses to provide an estimated cost i. Cal Fire staff has provided estimated total overtime costs totaling approximately $28,000--$30,000 per month.
b. The County should provide their rationale for their funding contribution. c. The City would provide its faire share of OT costs

2. Station 96 Cost split via calls for service listed below which takes the total Station cost of $2.3M and splits it 61% City, 39% County
a. The City’s portion would be $409,441/year after factoring in fire parcel tax revenue.

It should be noted that Merced County has submitted a SAFER Grant which would cover the costs for additional personnel for a period of three years. The County should receive notification of whether it was awarded the grant sometime in the fall of 2024. Proposed Option One would provide a mechanism to get to that point, which would also allow the city to discuss an agreement in the event the County does not receive the SAFER Grant.

The City Manager’s Office has discussed the options with Cal Fire personnel to assess the viability of both options as well as with Cal Fire Management. Cal Fire Management has conveyed their support for proposed Option One to keep Station 96 operational and enhance the level of service.

Finally, the City Manager’s Office and Councilmembers Jason Roth and JT Mann will be travelling to Washington D.C. with the MCAG OneVoice delegation in May to lobby federal agencies for various priorities, and the SAFER Grant is a top priority.

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STAFF REPORT
AGENDA ITEM: Consideration of a Resolution Approving an Administrative Fee for billing processing for Solid Waste, Recyclable Materials, and Organic Waste Collection Services within the City of Livingston.

MEETING DATE: April 16, 2024
PREPARED BY: Anthony Chavarria, Director of Public Works REVIEWED BY: Christopher Lopez, Interim City Manager
RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution Establishing an Administrative Fee for Solid Waste, Recycling and Organics Collection Services Processing Maintenance and Enforcement.

BACKGROUND:

On March 19, 2024, the City Council approved Resolution No. 2024-14 approving a Franchise Agreement for Solid Waste, Recyclable Materials, and Organic Waste Collection Services between the City of Livingston and Gilton Solid Waste Management, Inc (Gilton). The term of the agreement was initiated April 1, 2024, and is for a ten (10) year initial term with option of two- five (5) year extensions.

The City granted Gilton the exclusive franchise, right and privilege to collect all Solid Waste, Organic Waste and Recyclables for all residential and commercial premises located within the Franchise Area and to transport the same to a High Diversion Organic Waste Processing Facility, sanitary landfill, transfer station, compost/mulching site, or waste-to-energy facility outside the City.

Based on the agreement, Gilton shall furnish all labor, supervision, materials, permits, licenses, and equipment necessary to provide residential and commercial refuse collection services for customers within the franchise area of City. Gilton shall also perform its obligations under the Franchise Agreement in accordance with all applicable local, state, or federal laws and in a manner that maximizes the City’s Solid Waste diversion rate to the extent possible.

The highlights of the agreement are as follows:
• 10 year initial term with option of two 5 year extensions. • City will receive a 15% Franchise Fee from Collectors gross revenues from residential, commercial, and industrial accounts.
• City will adjust the maximum rates under this agreement to reflect annual changes in the consumer price index for all urban consumers (CPI).
• Collector will provide for two (2) curbside bulky item collection events per calendar year from residential customers.
• Collector shall collect, recycle, or dispose of specified E-Waste (as defined in Exhibit F in the attached agreement) from residential customers up to four (4) times per calendar year. • Collector will provide a residential Christmas tree collection and recycling program. Each year, during the first two full weeks of January, Collector will pick up Christmas trees from the front of residential properties in the City.

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Livingston City CouncilApril 16, 2024

Livingston City Council
April 16, 2024