Agenda packet — Palm Springs City Council, November 9, 2023 (part 5 of 7)

Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Direct Labor Total Hours per Avg 5 Year
Subtotal per Cost Cost Proposal Hourly Contract
Proposal Rate Duration
= $54.04 Year 1 Avg
Hourly Rate
Avg Hourly Rate Proposed Escalation
Year 1 + 5.0% = $56.74 Year 2 Avg Hourly Rate
Year 2 + 5.0% = $59.57 Year 3 Avg Hourly Rate
Year 3 + 5.0% = $62.55 Year 4 Avg Hourly Rate
Year 4 + 5.0% = $65.68 Year 5 Avg Hourly Rate
Estimated % Completed Total Hours per Cost Total Hours per Each Year Proposal Year
Year 1 * 226 = 226 Estimated Hours Year 1
Year 2 * 226 = 0 Estimated Hours Year 2
Year 3 * 226 = 0 Estimated Hours Year 3
Year 4 * 226 = 0 Estimated Hours Year 4
Year 5 * 226 = 0 Estimated Hours Year 5
Total Total = 226
Avg Hourly Rate Estimated hours
(Calculated above) (Calculated Above)
Year 1 * 226 = Estimated Hours Year 1
Year 2 * 0 = Estimated Hours Year 2
Year 3 * 0 = Estimated Hours Year 3
Year 4 * 0 = Estimated Hours Year 4
Year 5 * 0 = Estimated Hours Year 5
Total Direct Labor Cost with Escalation =
Direct Labor Subtotal before Escalation =
Estimated total of Direct Labor Salary Increase = Transfer to Page 1 NOTES:

3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

4. Calculations for anticipated salary escalation must be provided.

EXHIBIT 10-H1 COST PROPOSAL

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) $12,212.00 226

1. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) $54.04
$56.74
$59.57
$62.55

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) 100.0%

0.0%

0.0%
100.000%

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Cost Per
Year
$54.04 $12,212.00
$56.74 $0.00
$59.57 $0.00
$62.55 $0.00
$65.68 $0.00
$12,212.00
$12,212.00
$0.00

1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)
Item 1T - Page 16

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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) Prime Consultant or Subconsultant Certifying:

Name**: Title**:

Signature: Date of Certification (mm/dd/yyyy):

Email**: Phone Number:

Address: 110 Blue Ravine Road, Suite 200, Folsom, CA 95630-4713 List services the consultant is providing under the proposed contract:
**An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

Professional Engineering Services
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).

John A. Klemunes, Jr. President
[email protected] 916-858-0642
23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
8/15/2023
EXHIBIT 10-H1 COST PROPOSAL
Certification of Direct Costs:

Item 1T - Page 17

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COST PROPOSAL ‐ ESTIMATED HOURS BY TASK

CITY OF PALM SPRINGS

EAST PALM CANYON DRIVE BRIDGE
AMENDMENT REQUEST NO. 3
August 15, 2023
Michael Greer, PE, TE
Project Roadway Engineer
Rob Burns, SE
Project Bridge Engineer
Ashley Orsaba‐Finders, PE
Project Drainage Engineer
Associate Engineer
Assistant Engineer TOTAL HOURS OTHER DIRECT COSTS TOTAL COST FULLY BURDENED RATE $ 210.21 $ 214.50 $ 174.46 $ 163.02 $ 111.54 PHASE 2: FINAL CIVIL ENGINEERING DESIGN 20 16 38 72 80 226 73.68$ $ 35,000.00 Task 2.5 - 100% PS&E 16 16 32 64 64 192 50.08$ 30,000.00 $ Task 3.0 - ENVIRONMENTAL PERMITTING 4 6 8 16 34 23.60$ $ 5,000.00 TOTAL HOURS 20 16 38 72 80 226
TOTAL COST 4,204.20$ 3,432.00$ 6,629.48$ $ 11,737.44 8,923.20$ 73.68$ $ 35,000.00

TASK DESCRIPTION

DOKKEN ENGINEERING
Item 1T - Page 18
Attachment C
Item 1T - Page 19

CITY COUNCIL STAFF REPORT
11/09/2023
SUBJECT:

AWARD OF A CONSTRUCTION CONTRACT TO MAMCO, INC. DBA ALABBASI IN THE AMOUNT OF $11,555,555 AND APPROVAL OF A TASK ORDER UNDER ON-CALL AGREEMENT NO. A8567 WITH BERG AND ASSOCIATES IN AN AMOUNT NOT TO EXCEED $473,501.88 FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR STORM DRAIN LINE 20, STAGE 3, CITY PROJECT 19-15
RECOMMENDATIONS:

Award a construction contract to Mamco, Inc. in the amount of $11,555,555 for Storm Drain Line 20, Stage 3, City Project No. 19-15 (“the Project”).

1. Authorize the City Manager to approve a task order for project management and inspection services from an on-call engineering service firm, Berg and Associates, in an amount not to exceed $473,501.88.

2. Appropriate $1,047,236 from Capital Fund balance and delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $1,155,555 (10%) with all change orders reported to City Council at project completion.

3. 4. Authorize the City Manager or his designee to execute all necessary documents.

Attachments
Item 1U

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 9, 2023 CONSENT CALENDAR
SUBJECT: AWARD OF A CONSTRUCTION CONTRACT TO MAMCO, INC. DBA ALABBASI IN THE AMOUNT OF $11,555,555 AND APPROVAL OF A TASK ORDER UNDER ON-CALL AGREEMENT NO. A8567 WITH BERG
AND ASSOCIATES IN AN AMOUNT NOT TO EXCEED $473,501.88 FOR

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR
STORM DRAIN LINE 20, STAGE 3, CITY PROJECT 19-15
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

Award of this contract and approval of the task order will allow the City to proceed with the construction of Storm Drain Line 20, Stage 3.

RECOMMENDATION:

1. Award a construction contract to Mamco, Inc. in the amount of $11,555,555 for Storm Drain Line 20, Stage 3, City Project No. 19-15 (“the Project”).

2. Authorize the City Manager to approve a task order for project management and inspection services from an on-call engineering service firm, Berg and Associates, in an amount not to exceed $473,501.88.

3. Appropriate $1,047,236 from Capital Fund balance and delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $1,155,555 (10%) with all change orders reported to City Council at project completion.

4. Authorize the City Manager or his designee to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure Form from Mamco, Inc. dba Alabbasi is included as Attachment A. The Public Integrity Disclosure Form from Berg & Associates, is included as Attachment B.

Item 1U - Page 1
City Council Staff Report
November 9, 2023 -- Page 2
Award Const Contract SD Line 20 CP 19-15
BACKGROUND:

Storm Drain Line 20 has been identified by Staff as the City's highest priority masterplanned storm drain facility to help with flooding in select areas/intersections. Storm Drain Line 20 consists of approximately 5,355 linear feet of reinforced concrete pipe (RCP) and supporting structures. Storm Line Drain 20 will be located along Farrell Drive between Tahquitz Canyon way and Ramon Road, as well as along Ramon Road between Farrell Drive and El Cielo Road. See Figure 1 below.

Figure 1 – Project Location Map
The City's Master Plan of Drainage was established in 1982 by Riverside County Flood Control & Water Conservation District (RCFC & WCD). RCFC & WCD is a separate legal public agency of Riverside County with seven zones throughout the county. The City of Palm Springs is located in Zone 6, along with Desert Hot Springs and a portion of Cathedral City. The City's Master Drainage Plan is implemented jointly with RCFC and funded by revenues generated by RCFC through property tax assessments and revenues generated by the City through developer impact fees (drainage fees). Master-planned storm drain facilities are significantly expensive to construct, leading to delays in implementing the Master Drainage Plan until enough funds have been accumulated by RCFC and/or the City to cover the cost. The last master-planned storm drain facility was constructed by the City in 2009.

On July 24, 2019, City Council authorized the Engineering Services Department to create a Purchase Order with Engineering Resources of Southern California, Inc. for the design of Storm Drain Line 20, Stage 3. On July 5, 2023, the Project received approval from RCFW & WCD to bid.

Item 1U - Page 2
END

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City Council Staff Report
November 9, 2023 -- Page 3
Award Const Contract SD Line 20 CP 19-15
STAFF ANALYSIS:

On July 31, 2023, Staff advertised the Project to plans rooms, the local paper and through the City’s online procurement program PlanetBidsTM to allow the submissions of bids electronically. On September 19, 2023, the Engineering Services Department received seven bids from the following contractors:

Company Location Bid Amount
Nationwide Contracting Services, Inc. Huntington Beach, CA $ 8,863,892.50 Mamco, Inc. dba Alabbasi Perris, CA $11,555,555.00
Boudreau Pipeline Corporation Corona, CA $11,730,132.00 Griffith Company Brea, CA $13,342,025.00
Mike Bubalo Construction Co. Inc. Baldwin Park, CA $14,944,344.00 SRK Engineering Escondido, CA $18,234,616.00
Ferreira Construction Co. Inc. Rancho Cucamonga, CA $29,341,183.00 Note: The engineer’s estimate for the Project was $7,000,000 Project Labor Agreement (PLA)
This Project is subject to the City’s Community Workforce Agreement dated August 31, 2021, which is on file with the City. The Contractor and all Subcontractors of any tier are to include contractual provisions in all contracts they enter for the performance of the work requiring the Contractor and all Subcontractors to comply with the provisions of the PLA prior to the commencement of work and at no additional cost.

Local Business Preference Compliance
Section 7.08.030 of the Palm Springs Municipal Code (“PSMC”), “Local Business Preference Program”, requires prime contractors to use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub-contract services to businesses whose work force resides within the Coachella Valley. Mamco, Inc. is not considered a local business but has demonstrated sufficient evidence of good faith efforts to subcontract the supply of materials to local businesses.

Bid Analysis
Nationwide Contracting Services, Inc. (Nationwide), submitted the lowest bid in the amount of $8,863,892.50. However, the day after opening bids, Nationwide submitted a formal request to withdraw their bid due to critical clerical errors in their bid schedule. A copy of their request is included as Attachment C.

Staff reviewed all bid documents submitted by the second apparent low bidder and has determined that Mamco, Inc. complies with the instruction to bidders and has submitted Item 1U - Page 3
City Council Staff Report
November 9, 2023 -- Page 4
Award Const Contract SD Line 20 CP 19-15
the lowest responsive and responsible bid. Staff recommends that the City Council approve the bid submitted by Mamco, Inc. The Agreement is included as Attachment D.

Request for Proposals for Construction Management Services Staff issued a Request for Proposals (RFP) for Construction Management (CM) and Inspection services to their on-call CM firms. The requested RFP was written to ensure that the selected firm demonstrated successful experience and capacity to provide construction management with inspection services to municipal government agencies similar to those required by the City.

On September 2, 2023, the RFP was published and made available to the City’s on-call CM firms through PlanetBidsTM. The City received three proposals, from Berg & Associates, Dudek, and Southstar Engineering & Consulting.

Following a formal review of the proposals, Staff recommends the City Council approve a Task Order under On-Call Agreement A8567 with Berg & Associates not to exceed $473,501.88.

ENVIRONMENTAL ASSESSMENT:

Staff has prepared and filed a Notice of Determination with the State Clearing House for this Project. Staff has satisfied the CEQA requirements for this Project.

ALIGNMENT WITH STRATEGIC PLANNING:

This project aligns with City Council Priority 2A – Improve City Facilities – and will assist in implementing the strategic planning task to Prioritize Deferred Maintenance.

FISCAL IMPACT:

Staff anticipated the cost for this Project and budgeted sufficient funds to cover construction costs in the Capital and Drainage Fund. Staff is requesting an appropriation of $1,047,236 from the Capital Fund Balance to cover contingencies. The City has an agreement with Riverside County Flood Control for reimbursement of construction costs.

However, when the agreement was approved, RCFC & WCD anticipated providing a financial contribution not to exceed $7,520,000 towards construction and environmental documents needed for the Project. RCFC & WCD was informed that the bid exceeds their contribution. RCFC & WCD will be going to their Board to request an additional $4,035,555 for the Project and has given the City the approval to move forward with the award as noted in Attachment E.

Item 1U - Page 4
City Council Staff Report
November 9, 2023 -- Page 5
Award Const Contract SD Line 20 CP 19-15
Project Accounting Amount
Available Funds FY 23/24 $12,137,376
Construction Contract ($11,555,555)
CM Services ($473,502)
Contingency (10%) ($1,155,555)
Required Appropriation ($1,047,236)
RCFC & WCD Reimbursement Amount
RCFC & WCD Original Reimbursement $7,520,000
RCFC & WCD Additional Reimbursement Funds $4,035,555
Total Reimbursement $11,555,555
REVIEWED BY:

City Engineer Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Public Integrity Form Disclosure – Mamco. Inc. dba Alabbasi B. Public Integrity Form Disclosure – Berg & Associates C. Request for Bid Withdrawal – Nationwide Contracting Services, Inc.

D. Construction Agreement – Mamco, Inc.

E. RCFC & WCD Reimbursement Correspondence
Item 1U - Page 5
Attachment A
Item 1U - Page 6
Item 1U - Page 7

PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM

1. Name of Entity
Mamco, Inc. dba Alabbasi

2. Address of Entity (Principle Place of Business)
764 W. Ramona Expressway, Suite C, Perris, CA 92571

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State California
If other than California, is the Entitv also reaistered in California? • Yes • No

5. Type of Entity
!Kl Corporation • Limited Liability Company • Partnership • Trust • Other (please soecifv\

CITY OF PALM SPRINGS - PUBLJC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

Item 1U - Page 8

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity EXAMPLE:

Jane Doe 50%, ABC Company, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
A.

Marwan Alabbasi 39.1 %, Mamco, Inc. dba Alabbasi
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
B.

Elizabeth Alabbasi 40.9%, Mamco, Inc. dba Alabbasi
[ name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
C.

Rumzi Alabbasi 10%, Mamco, Inc. dba Alabbasi
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
D.

Rami Alabbasi 10%, Mamco, Inc. dba Alabbasi
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Date
Rumzi Alabbasi Vice President 09/19/2023

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.

STORM DRAIN LINE 20. STAGE 3
CITY PROJECT NO. 19-15
AUGUST2023

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

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Attachment B
Item 1U - Page 9

Page 22 of 50 ends

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California?  Yes  No

5. Type of Entity
 Corporation  Limited Liability Company  Partnership  Trust  Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity _______________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other _______________________________
_______________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other _________________________________
______________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
Berg & Associates, Inc.
302 W. 5th Street, Suite 210
San Pedro, CA 90731
California

Deborah Berg 
51431 Avenida Navarro
La Quinta, CA 92253
Alicia Berg X
Wendy Crawford X
Item 1U - Page 10
I

Page 23 of 50 ends

 Other _______________________________

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE

JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date Deborah Berg
April 29, 2020
Deborah Berg, President
100%, Berg & Associates, Inc.

Item 1U - Page 11
Attachment C
Item 1U - Page 12
9-20-2023
Page | 1
Via Email Andrew Crider ([email protected]) Andrew Crider
Contract Specialist
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, California
92262
Re: BID withdrawal
Storm Drain Line 20, Stage 3
Project No. 19-15
Dear Mr. Crider,
NaƟonwide General ConstrucƟon Services ("NaƟonwide") hereby formally submits this leƩer to respecƞully request the withdrawal of our previously submiƩed bid for the Storm Drain Line 20, Stage 3, to the esteemed City of Palm Springs ("Agency").

Our request for bid withdrawal is necessitated by criƟcal clerical errors that regreƩably found their way into our bid schedule spreadsheet. We wish to candidly convey that our organizaƟon's IT Department iniƟated the use of MicrosoŌ SharePoint/OneDrive approximately one month ago. It has come to our aƩenƟon that, regreƩably, whenever a file is shared within our firm via SharePoint, the file becomes corrupted, resulƟng in the loss of formulas and properƟes. RegreƩably, we have encountered several similar unfortunate incidents, which have compelled us to disconƟnue the use of MicrosoŌ tools unƟl such issues are saƟsfactorily resolved.

In this specific instance, our lead esƟmator inadvertently included a hidden column within the spreadsheet containing labor costs. Subsequently, when the spreadsheet was transmiƩed to Luicci Nader, our Vice President authorized to submit bids through the PlanetBids plaƞorm, the Excel file arrived bereŌ of formulas and without the inclusion of the hidden column or data in it. Consequently, Luicci proceeded to calculate values without factoring in the supply costs received from our specialty RCB supplier, as previously input by the esƟmator.

These errors resulted in the generaƟon of inaccurate calculaƟons pertaining to the bid items supplied by our esteemed specialty supplier. RegreƩably, these discrepancies eluded detecƟon during the EsƟmator's review process. It is imperaƟve to underscore that the recƟficaƟon of these clerical errors is Item 1U - Page 13
9-20-2023
Page | 2
of paramount importance, as their conƟnuaƟon would render the project financially unviable for NaƟonwide.

To elaborate further, the clerical error in our bid spreadsheet specifically pertains to the inadvertent omission of Line items 3, 4, and 5, each with a supply value of $1,000 per bid item, thus resulƟng in the neglect of an amount totaling $2,004,200.00 from our comprehensive bid amount.

It is crucial to acknowledge that this clerical error, while deeply regreƩable, is anything but minor.

Moreover, it is an error that NaƟonwide is unable to absorb in any capacity, given its nature as a fixed amount pertaining to the RCB supplier, which NaƟonwide has no control over.

In light of the aforemenƟoned circumstances, NaƟonwide humbly requests the formal withdrawal of our bid for the Storm Drain Line 20, Stage 3 project. Nevertheless, we earnestly express our eagerness to recƟfy this situaƟon should the City be willing to considering the bid correcƟon based on the aƩached Excel spreadsheet, which unequivocally illustrates the clerical error within the formula. The accurate total bid amount should righƞully be $10,679,387.50 (Ten Million Six Hundred Seventy-Nine Thousand Three Hundred Eighty-Seven Dollars and FiŌy Cents).

We extend our sincere apologies for any inconvenience this withdrawal may entail and express our utmost graƟtude for your understanding of the extenuaƟng circumstances. Please do not hesitate to reach out to us should you require any supplementary informaƟon or clarificaƟons. We remain steadfast in our commitment to providing the highest caliber of service and ardently hope for the opportunity to collaborate on hopefully this project if the City finds our evidence of clerical error viable and all forthcoming projects with the esteemed City of Palm Springs. Please note that these clerical errors due to the ever so evolving technology do not reflect well on NaƟonwide’s stellar reputaƟon and industry leading work that would be shown on this project if the City chooses to correct the clerical error commiƩed in Bid items 3-5 and proceed with awarding the job to NaƟonwide being the lowest and responsive bidder.

Luicci Nader
Vice President
NaƟonwide ContracƟng Services, Inc.

DBA NaƟonwide General ConstrucƟon Services
Item 1U - Page 14
Item Code Description UOM Qty unit Price Total Price
Imported Items
1 1 Mobilization and De-Mobilization LS 1 $240,000.00 $240,000.00 2 2 Traffic Control Plans and Implementation of Traffic Control LS 1 $350,000.00 $350,000.00 3 3 Construct 10' W x 7 H PRCB Storm Drain LF 1871 $1,000.00 $1,871,000.00 4 4 Construct 10' W x 5'H PRCB Storm Drain LF 40 $850.00 $34,000.00 5 5 Construct 8' W x 6'H PRCB Storm Drain LF 124 $800.00 $99,200.00 6 6 Construct 96" RCP (1500D) Storm Drain LF 890 $1,200.00 $1,068,000.00 7 7 Construct 84" RCP (2000D) Storm Drain LF 1530 $1,000.00 $1,530,000.00 8 8 Construct 54" RCP (2000D) Storm Drain LF 118 $800.00 $94,400.00 9 9 Construct 42" RCP (2000D) Storm Drain LF 118 $700.00 $82,600.00 10 10 Construct 30" RCP (3000D) Storm Drain LF 74 $650.00 $48,100.00 11 11 Construct 24" RCP (3000D) Storm Drain LF 690 $550.00 $379,500.00 12 12 Construct Transition Structure No.1 (108" RCP to 10'W x 7'H PRCB) EA 1 $62,775.00 $62,775.00 13 13 Construct Transition Structure No.2 (10'W x 7'H PRCB to 10'W x 5'H PRCB) EA 1 $36,125.00 $36,125.00 14 14 Construct Transition Structure No.2 (10'W x 5'H PRCB to 10'W x 7'H PRCB) EA 1 $36,125.00 $36,125.00 15 15 Construct Transition Structure No.1 (10'W x 7'H PRCB to 96" RCP) EA 1 $52,625.00 $52,625.00 16 16 Construct Transition Structure No.1 (96" RCP to 8'W x 6'H PRCB) EA 1 $30,750.00 $30,750.00 17 17 Construct Transition Structure No.1 (8'W x 6'H PRCB to 96" RCP) EA 1 $30,750.00 $30,750.00 18 18 Construct Transition Structure No. 3 (D=96", B=42") - STA. 30+28.90) EA 1 $18,750.00 $18,750.00 19 19 Construct Catch Basin (W=14', V=7.5') at STA. 46 +13.47 EA 1 $15,375.00 $15,375.00 20 20 Construct Catch Basin (W=14', V=8') STA. 49 + 84.58 STA. 22 + 74.45 STA. 42 + 42.84 EA 3 $15,375.00 $46,125.00 21 21 Construct Catch Basin (W=14', V=9') STA. 21 + 86.09 EA 1 $15,375.00 $15,375.00 22 22 Construct Catch Basin (W=14', V=10') STA. 55 + 57.25 EA 1 $16,125.00 $16,125.00 23 23 Construct Catch Basin (W=14', V=11') STA. 36 + 10.50 EA 1 $16,500.00 $16,500.00 24 24 Construct Catch Basin (W=14', V=12') STA. 36 + 10.75 EA 1 $16,500.00 $16,500.00 25 25 Construct Catch Basin (W=21', V=8') STA. 11 + 23.43 - sheet 15 of 21 EA 1 $20,250.00 $20,250.00 26 26 Construct Catch Basin (W=21', V=10') STA. 49 + 84.42 EA 1 $21,875.00 $21,875.00 27 27 Construct Catch Basin (W=21', V=11') STA. 42 + 42.63 STA. 44 + 84.43 EA 2 $43,750.00 $87,500.00 28 28 Construct Catch Basin (W=21', V=12') STA. 31 + 29.46 STA. 55 + 57.03 EA 2 $43,750.00 $87,500.00 29 29 Construct Catch Basin (W=28', V=6') STA. 22 + 69.79 EA 1 $25,312.50 $25,312.50 30 30 Construct Catch Basin (W=28', V=8') STA. 10 + 80.78 - sheet 7 of 21 & 14 of 21 EA 1 $25,312.50 $25,312.50 31 31 Construct Catch Basin (W=28', V=9.2') STA. 10 + 24.05 - sheet 14 of 21 EA 1 $27,750.00 $27,750.00 32 32 Construct Catch Basin (W=28', V=12') STA. 11 + 22.53 - sheet 15 of 21 EA 1 $30,437.50 $30,437.50 33 33 Construct Catch Basin Grate (W=14.7', V=9.2') STA. 11 + 21.45 - sheet 14 of 21 EA 1 $22,375.00 $22,375.00 34 34 Construct Junction Structure No. 3 (24" RCP to 10'W x 7'H RCB) [Station 21+34.13] EA 1 $4,125.00 $4,125.00 35 35 Construct Junction Structure No. 3 (24" RCP to 10'W x 7'H RCB) [Station 22+74.83] EA 1 $4,125.00 $4,125.00 36 36 Construct Junction Structure No. 4 (24" RCP to 42" RCP) [Station 10+65.52] EA 1 $2,625.00 $2,625.00 37 37 Construct Junction Structure No. 4 (24" RCP to 96") [Station 31+29.46] EA 1 $2,625.00 $2,625.00 38 38 Construct Junction Structure No. 4 (24" RCP to 96") [Station 36+07.13] EA 1 $2,625.00 $2,625.00 39 39 Construct Junction Structure No. 4 (24" RCP to 84") {Station 42=42.72] EA 1 $2,625.00 $2,625.00 40 40 Construct Junction Structure No. 4 (24" RCP to 84" [Station 44+84.43] EA 1 $2,625.00 $2,625.00 41 41 Construct Junction Structure No. 4 (24" RCP to 84") [Station 46+13.33] EA 1 $2,625.00 $2,625.00 42 42 Construct Junction Structure No. 4 (24" RCP to 84") [Station 49+84.58] EA 1 $2,625.00 $2,625.00 43 43 Construct Manhole No. 2 - With Cover Pressure Type (D1=D2=96") [Station 32 + 60.00] EA 1 $19,625.00 $19,625.00 44 44 Construct Manhole No. 2 - With Cover Pressure Type (D1=D2=96") [Station 37 + 10.00] EA 1 $19,625.00 $19,625.00 45 45 Construct Manhole No. 2 -(D1=84" & D2=96") [Station 40 + 10.00] EA 1 $11,880.00 $11,880.00 46 46 Construct Manhole No. 2 84" RCP STA. 47 + 50.00 EA 1 $12,375.00 $12,375.00 47 47 Construct Manhole No. 2 84" RCP STA. 51 + 50.00 EA 1 $12,375.00 $12,375.00 48 48 Construct Manhole No. 3 (10'W x 7'H RCB) [Station 12 + 60.00] EA 1 $2,500.00 $2,500.00 49 49 Construct Manhole No. 3 (10'W x 7'H RCB) [Station 16 + 60.00] EA 1 $2,500.00 $2,500.00 50 50 Construct Manhole No. 3- With Cover Pressure Type (10'W x 7'H RCB) [Station 20 + 60.00] EA 1 $8,875.00 $8,875.00 51 51 Construct Manhole No. 3 - With Cover Pressure Type STA. 22 + 20.00 EA 1 $8,875.00 $8,875.00 52 52 Construct Manhole No. 3 - With Cover Pressure Type STA. 24 + 60.00 EA 1 $8,875.00 $8,875.00 53 53 Construct Manhole No. 3 - With Cover Pressure Type (10'W x 7'H RCB) [Station 28 + 60.00] EA 1 $8,875.00 $8,875.00 54 54 Construct Manhole No. 4 (D1=D2=84", B=54") [Station 43 + 01.87] EA 1 $15,375.00 $15,375.00 55 55 Construct Manhole No. 4 (D1=D2=84", B=24") STA. 55 + 57.15 EA 1 $19,875.00 $19,875.00 56 56 Construct Manhole No. 4 - With Cover Pressure Type (D1=D2=42", B=24") [Station 11+19.88] - sheet 14 of 21 EA 1 $13,625.00 $13,625.00
57 57 Construct Manhole No. 4 (D1=D2=54", B=24") [Station 11+19.00] - sheet 15 of 21 EA 1 $7,750.00 $7,750.00 58 58 Construct Bulk Head (ID=84") EA 1 $2,250.00 $2,250.00 59 59 Construct Bulk Head (ID=54") EA 1 $2,250.00 $2,250.00 60 60 Construct Bulk Head (ID=42") EA 1 $2,250.00 $2,250.00 61 61 Install Type E Loop Detector EA 100 $750.00 $75,000.00 62 62 Furnish and install 84" RCP by utilize micro tunneling method/pipe jacking method LF 212 $3,500.00 $742,000.00 63 63 Install Jacking [STA. 52+100 to STA. 52+44] pit including excavation, all shoring system and ground supports. LS 1 $80,000.00 $80,000.00
64 64 Remove jacking pit including removal of shoring system & ground supports, backfilling and compaction, trench repair per City Standard Drawing No. 110 LS 1 $120,000.00 $120,000.00 65 65 Installing receiving pit [STA. 54+56 to STA. 54+80] including excavation, all shoring system and ground supports. LS 1 $65,000.00 $65,000.00
66 66 Remove receiving pit, including removal of shoring system and ground supports, and compaction and trench repair per city standard drawing No. 110 LS 1 $96,000.00 $96,000.00 67 67 Shoring and Ground Supports for all open cut excavation (except pipe boring pits) LS 1 $320,000.00 $320,000.00 68 68 Traffic Striping, Signage, Traffic Loop and Delineator LS 1 $62,500.00 $62,500.00 69 69 Dust Abatement per Technical Specifications LS 1 $210,000.00 $210,000.00 70 70 Abandonment of Existing Bubbler Inlet per Contract Drawing & Specifications EA 4 $32,000.00 $128,000.00 Item 1U - Page 15
Item Code Description UOM Qty Supply Cost unit Price Total Price Imported Items
1 1 Mobilization and De-Mobilization LS 1 -$ $240,000.00 $240,000.00 2 2 Traffic Control Plans and Implementation of Traffic Control LS 1 -$ $350,000.00 $350,000.00 3 3 Construct 10' W x 7 H PRCB Storm Drain LF 1871 1,000.00$ $1,000.00 $1,871,000.00 4 4 Construct 10' W x 5'H PRCB Storm Drain LF 40 1,000.00$ $850.00 $34,000.00 5 5 Construct 8' W x 6'H PRCB Storm Drain LF 124 1,000.00$ $800.00 $99,200.00 6 6 Construct 96" RCP (1500D) Storm Drain LF 890 -$ $1,200.00 $1,068,000.00 7 7 Construct 84" RCP (2000D) Storm Drain LF 1530 -$ $1,000.00 $1,530,000.00 8 8 Construct 54" RCP (2000D) Storm Drain LF 118 -$ $800.00 $94,400.00 9 9 Construct 42" RCP (2000D) Storm Drain LF 118 -$ $700.00 $82,600.00 10 10 Construct 30" RCP (3000D) Storm Drain LF 74 -$ $650.00 $48,100.00 11 11 Construct 24" RCP (3000D) Storm Drain LF 690 -$ $550.00 $379,500.00 12 12 Construct Transition Structure No.1 (108" RCP to 10'W x 7'H PRCB) EA 1 -$ $62,775.00 $62,775.00 13 13 Construct Transition Structure No.2 (10'W x 7'H PRCB to 10'W x 5'H PRCB) EA 1 -$ $36,125.00 $36,125.00 14 14 Construct Transition Structure No.2 (10'W x 5'H PRCB to 10'W x 7'H PRCB) EA 1 -$ $36,125.00 $36,125.00 15 15 Construct Transition Structure No.1 (10'W x 7'H PRCB to 96" RCP) EA 1 -$ $52,625.00 $52,625.00 16 16 Construct Transition Structure No.1 (96" RCP to 8'W x 6'H PRCB) EA 1 -$ $30,750.00 $30,750.00 17 17 Construct Transition Structure No.1 (8'W x 6'H PRCB to 96" RCP) EA 1 -$ $30,750.00 $30,750.00 18 18 Construct Transition Structure No. 3 (D=96", B=42") - STA. 30+28.90) EA 1 -$ $18,750.00 $18,750.00 19 19 Construct Catch Basin (W=14', V=7.5') at STA. 46 +13.47 EA 1 -$ $15,375.00 $15,375.00 20 20 Construct Catch Basin (W=14', V=8') STA. 49 + 84.58 STA. 22 + 74.45 STA. 42 + 42.84 EA 3 -$ $15,375.00 $46,125.00 21 21 Construct Catch Basin (W=14', V=9') STA. 21 + 86.09 EA 1 -$ $15,375.00 $15,375.00 22 22 Construct Catch Basin (W=14', V=10') STA. 55 + 57.25 EA 1 -$ $16,125.00 $16,125.00 23 23 Construct Catch Basin (W=14', V=11') STA. 36 + 10.50 EA 1 -$ $16,500.00 $16,500.00 24 24 Construct Catch Basin (W=14', V=12') STA. 36 + 10.75 EA 1 -$ $16,500.00 $16,500.00 25 25 Construct Catch Basin (W=21', V=8') STA. 11 + 23.43 - sheet 15 of 21 EA 1 -$ $20,250.00 $20,250.00 26 26 Construct Catch Basin (W=21', V=10') STA. 49 + 84.42 EA 1 -$ $21,875.00 $21,875.00 27 27 Construct Catch Basin (W=21', V=11') STA. 42 + 42.63 STA. 44 + 84.43 EA 2 -$ $43,750.00 $87,500.00 28 28 Construct Catch Basin (W=21', V=12') STA. 31 + 29.46 STA. 55 + 57.03 EA 2 -$ $43,750.00 $87,500.00 29 29 Construct Catch Basin (W=28', V=6') STA. 22 + 69.79 EA 1 -$ $25,312.50 $25,312.50 30 30 Construct Catch Basin (W=28', V=8') STA. 10 + 80.78 - sheet 7 of 21 & 14 of 21 EA 1 -$ $25,312.50 $25,312.50 31 31 Construct Catch Basin (W=28', V=9.2') STA. 10 + 24.05 - sheet 14 of 21 EA 1 -$ $27,750.00 $27,750.00 32 32 Construct Catch Basin (W=28', V=12') STA. 11 + 22.53 - sheet 15 of 21 EA 1 -$ $30,437.50 $30,437.50 33 33 Construct Catch Basin Grate (W=14.7', V=9.2') STA. 11 + 21.45 - sheet 14 of 21 EA 1 -$ $22,375.00 $22,375.00 34 34 Construct Junction Structure No. 3 (24" RCP to 10'W x 7'H RCB) [Station 21+34.13] EA 1 -$ $4,125.00 $4,125.00 35 35 Construct Junction Structure No. 3 (24" RCP to 10'W x 7'H RCB) [Station 22+74.83] EA 1 -$ $4,125.00 $4,125.00 36 36 Construct Junction Structure No. 4 (24" RCP to 42" RCP) [Station 10+65.52] EA 1 -$ $2,625.00 $2,625.00 37 37 Construct Junction Structure No. 4 (24" RCP to 96") [Station 31+29.46] EA 1 -$ $2,625.00 $2,625.00 38 38 Construct Junction Structure No. 4 (24" RCP to 96") [Station 36+07.13] EA 1 -$ $2,625.00 $2,625.00 39 39 Construct Junction Structure No. 4 (24" RCP to 84") {Station 42=42.72] EA 1 -$ $2,625.00 $2,625.00 40 40 Construct Junction Structure No. 4 (24" RCP to 84" [Station 44+84.43] EA 1 -$ $2,625.00 $2,625.00 41 41 Construct Junction Structure No. 4 (24" RCP to 84") [Station 46+13.33] EA 1 -$ $2,625.00 $2,625.00 42 42 Construct Junction Structure No. 4 (24" RCP to 84") [Station 49+84.58] EA 1 -$ $2,625.00 $2,625.00 43 43 Construct Manhole No. 2 - With Cover Pressure Type (D1=D2=96") [Station 32 + 60.00] EA 1 -$ $19,625.00 $19,625.00 44 44 Construct Manhole No. 2 - With Cover Pressure Type (D1=D2=96") [Station 37 + 10.00] EA 1 -$ $19,625.00 $19,625.00 45 45 Construct Manhole No. 2 -(D1=84" & D2=96") [Station 40 + 10.00] EA 1 -$ $11,880.00 $11,880.00 46 46 Construct Manhole No. 2 84" RCP STA. 47 + 50.00 EA 1 -$ $12,375.00 $12,375.00 47 47 Construct Manhole No. 2 84" RCP STA. 51 + 50.00 EA 1 -$ $12,375.00 $12,375.00 48 48 Construct Manhole No. 3 (10'W x 7'H RCB) [Station 12 + 60.00] EA 1 -$ $2,500.00 $2,500.00 49 49 Construct Manhole No. 3 (10'W x 7'H RCB) [Station 16 + 60.00] EA 1 -$ $2,500.00 $2,500.00 50 50 Construct Manhole No. 3- With Cover Pressure Type (10'W x 7'H RCB) [Station 20 + 60.00] EA 1 -$ $8,875.00 $8,875.00 51 51 Construct Manhole No. 3 - With Cover Pressure Type STA. 22 + 20.00 EA 1 -$ $8,875.00 $8,875.00 52 52 Construct Manhole No. 3 - With Cover Pressure Type STA. 24 + 60.00 EA 1 -$ $8,875.00 $8,875.00 53 53 Construct Manhole No. 3 - With Cover Pressure Type (10'W x 7'H RCB) [Station 28 + 60.00] EA 1 -$ $8,875.00 $8,875.00 54 54 Construct Manhole No. 4 (D1=D2=84", B=54") [Station 43 + 01.87] EA 1 -$ $15,375.00 $15,375.00 55 55 Construct Manhole No. 4 (D1=D2=84", B=24") STA. 55 + 57.15 EA 1 -$ $19,875.00 $19,875.00 56 56 Construct Manhole No. 4 - With Cover Pressure Type (D1=D2=42", B=24") [Station 11+19.88] - sheet 14 of 21 EA 1 -$ $13,625.00 $13,625.00 57 57 Construct Manhole No. 4 (D1=D2=54", B=24") [Station 11+19.00] - sheet 15 of 21 EA 1 -$ $7,750.00 $7,750.00 58 58 Construct Bulk Head (ID=84") EA 1 -$ $2,250.00 $2,250.00 59 59 Construct Bulk Head (ID=54") EA 1 -$ $2,250.00 $2,250.00 60 60 Construct Bulk Head (ID=42") EA 1 -$ $2,250.00 $2,250.00 61 61 Install Type E Loop Detector EA 100 -$ $750.00 $75,000.00 62 62 Furnish and install 84" RCP by utilize micro tunneling method/pipe jacking method LF 212 -$ $3,500.00 $742,000.00 63 63 Install Jacking [STA. 52+100 to STA. 52+44] pit including excavation, all shoring system and ground supports. LS 1 -$ $80,000.00 $80,000.00
64 64 Remove jacking pit including removal of shoring system & ground supports, backfilling and compaction, trench repair per City Standard Drawing No. 110 LS 1 -$ $120,000.00 $120,000.00 65 65 Installing receiving pit [STA. 54+56 to STA. 54+80] including excavation, all shoring system and ground supports. LS 1 -$ $65,000.00 $65,000.00
66 66 Remove receiving pit, including removal of shoring system and ground supports, and compaction and trench repair per city standard drawing No. 110 LS 1 -$ $96,000.00 $96,000.00 67 67 Shoring and Ground Supports for all open cut excavation (except pipe boring pits) LS 1 -$ $320,000.00 $320,000.00 68 68 Traffic Striping, Signage, Traffic Loop and Delineator LS 1 -$ $62,500.00 $62,500.00 69 69 Dust Abatement per Technical Specifications LS 1 -$ $210,000.00 $210,000.00 70 70 Abandonment of Existing Bubbler Inlet per Contract Drawing & Specifications EA 4 -$ $32,000.00 $128,000.00 $8,643,892.50
Item 1U - Page 16
Item Code Description UOM Qty Supply Cost Reference Unit Price Imported Items
1 1 Mobilization and De-Mobilization LS 1 $240,000.00 $240,000.00 2 2 Traffic Control Plans and Implementation of Traffic Control LS 1 $350,000.00 $350,000.00 3 3 Construct 10' W x 7 H PRCB Storm Drain LF 1871 1,000.00$ $1,000.00 $3,742,000.00 4 4 Construct 10' W x 5'H PRCB Storm Drain LF 40 1,000.00$ $850.00 $74,000.00 5 5 Construct 8' W x 6'H PRCB Storm Drain LF 124 1,000.00$ $800.00 $223,200.00 6 6 Construct 96" RCP (1500D) Storm Drain LF 890 $1,200.00 $1,068,000.00 7 7 Construct 84" RCP (2000D) Storm Drain LF 1530 $1,000.00 $1,530,000.00 8 8 Construct 54" RCP (2000D) Storm Drain LF 118 $800.00 $94,400.00 9 9 Construct 42" RCP (2000D) Storm Drain LF 118 $700.00 $82,600.00 10 10 Construct 30" RCP (3000D) Storm Drain LF 74 $650.00 $48,100.00 11 11 Construct 24" RCP (3000D) Storm Drain LF 690 $550.00 $379,500.00 12 12 Construct Transition Structure No.1 (108" RCP to 10'W x 7'H PRCB) EA 1 $62,775.00 $62,775.00 13 13 Construct Transition Structure No.2 (10'W x 7'H PRCB to 10'W x 5'H PRCB) EA 1 $36,125.00 $36,125.00 14 14 Construct Transition Structure No.2 (10'W x 5'H PRCB to 10'W x 7'H PRCB) EA 1 $36,125.00 $36,125.00 15 15 Construct Transition Structure No.1 (10'W x 7'H PRCB to 96" RCP) EA 1 $52,625.00 $52,625.00 16 16 Construct Transition Structure No.1 (96" RCP to 8'W x 6'H PRCB) EA 1 $30,750.00 $30,750.00 17 17 Construct Transition Structure No.1 (8'W x 6'H PRCB to 96" RCP) EA 1 $30,750.00 $30,750.00 18 18 Construct Transition Structure No. 3 (D=96", B=42") - STA. 30+28.90) EA 1 $18,750.00 $18,750.00 19 19 Construct Catch Basin (W=14', V=7.5') at STA. 46 +13.47 EA 1 $15,375.00 $15,375.00 20 20 Construct Catch Basin (W=14', V=8') STA. 49 + 84.58 STA. 22 + 74.45 STA. 42 + 42.84 EA 3 $15,375.00 $46,125.00 21 21 Construct Catch Basin (W=14', V=9') STA. 21 + 86.09 EA 1 $15,375.00 $15,375.00 22 22 Construct Catch Basin (W=14', V=10') STA. 55 + 57.25 EA 1 $16,125.00 $16,125.00 23 23 Construct Catch Basin (W=14', V=11') STA. 36 + 10.50 EA 1 $16,500.00 $16,500.00 24 24 Construct Catch Basin (W=14', V=12') STA. 36 + 10.75 EA 1 $16,500.00 $16,500.00 25 25 Construct Catch Basin (W=21', V=8') STA. 11 + 23.43 - sheet 15 of 21 EA 1 $20,250.00 $20,250.00 26 26 Construct Catch Basin (W=21', V=10') STA. 49 + 84.42 EA 1 $21,875.00 $21,875.00 27 27 Construct Catch Basin (W=21', V=11') STA. 42 + 42.63 STA. 44 + 84.43 EA 2 $43,750.00 $87,500.00 28 28 Construct Catch Basin (W=21', V=12') STA. 31 + 29.46 STA. 55 + 57.03 EA 2 $43,750.00 $87,500.00 29 29 Construct Catch Basin (W=28', V=6') STA. 22 + 69.79 EA 1 $25,312.50 $25,312.50 30 30 Construct Catch Basin (W=28', V=8') STA. 10 + 80.78 - sheet 7 of 21 & 14 of 21 EA 1 $25,312.50 $25,312.50 31 31 Construct Catch Basin (W=28', V=9.2') STA. 10 + 24.05 - sheet 14 of 21 EA 1 $27,750.00 $27,750.00 32 32 Construct Catch Basin (W=28', V=12') STA. 11 + 22.53 - sheet 15 of 21 EA 1 $30,437.50 $30,437.50 33 33 Construct Catch Basin Grate (W=14.7', V=9.2') STA. 11 + 21.45 - sheet 14 of 21 EA 1 $22,375.00 $22,375.00 34 34 Construct Junction Structure No. 3 (24" RCP to 10'W x 7'H RCB) [Station 21+34.13] EA 1 $4,125.00 $4,125.00 35 35 Construct Junction Structure No. 3 (24" RCP to 10'W x 7'H RCB) [Station 22+74.83] EA 1 $4,125.00 $4,125.00 36 36 Construct Junction Structure No. 4 (24" RCP to 42" RCP) [Station 10+65.52] EA 1 $2,625.00 $2,625.00 37 37 Construct Junction Structure No. 4 (24" RCP to 96") [Station 31+29.46] EA 1 $2,625.00 $2,625.00 38 38 Construct Junction Structure No. 4 (24" RCP to 96") [Station 36+07.13] EA 1 $2,625.00 $2,625.00 39 39 Construct Junction Structure No. 4 (24" RCP to 84") {Station 42=42.72] EA 1 $2,625.00 $2,625.00 40 40 Construct Junction Structure No. 4 (24" RCP to 84" [Station 44+84.43] EA 1 $2,625.00 $2,625.00 41 41 Construct Junction Structure No. 4 (24" RCP to 84") [Station 46+13.33] EA 1 $2,625.00 $2,625.00 42 42 Construct Junction Structure No. 4 (24" RCP to 84") [Station 49+84.58] EA 1 $2,625.00 $2,625.00 43 43 Construct Manhole No. 2 - With Cover Pressure Type (D1=D2=96") [Station 32 + 60.00] EA 1 $19,625.00 $19,625.00 44 44 Construct Manhole No. 2 - With Cover Pressure Type (D1=D2=96") [Station 37 + 10.00] EA 1 $19,625.00 $19,625.00 45 45 Construct Manhole No. 2 -(D1=84" & D2=96") [Station 40 + 10.00] EA 1 $12,375.00 $12,375.00 46 46 Construct Manhole No. 2 84" RCP STA. 47 + 50.00 EA 1 $12,375.00 $12,375.00 47 47 Construct Manhole No. 2 84" RCP STA. 51 + 50.00 EA 1 $12,375.00 $12,375.00 48 48 Construct Manhole No. 3 (10'W x 7'H RCB) [Station 12 + 60.00] EA 1 $2,500.00 $2,500.00 49 49 Construct Manhole No. 3 (10'W x 7'H RCB) [Station 16 + 60.00] EA 1 $2,500.00 $2,500.00 50 50 Construct Manhole No. 3- With Cover Pressure Type (10'W x 7'H RCB) [Station 20 + 60.00] EA 1 $8,875.00 $8,875.00 51 51 Construct Manhole No. 3 - With Cover Pressure Type STA. 22 + 20.00 EA 1 $8,875.00 $8,875.00 52 52 Construct Manhole No. 3 - With Cover Pressure Type STA. 24 + 60.00 EA 1 $8,875.00 $8,875.00 53 53 Construct Manhole No. 3 - With Cover Pressure Type (10'W x 7'H RCB) [Station 28 + 60.00] EA 1 $8,875.00 $8,875.00 54 54 Construct Manhole No. 4 (D1=D2=84", B=54") [Station 43 + 01.87] EA 1 $15,375.00 $15,375.00 55 55 Construct Manhole No. 4 (D1=D2=84", B=24") STA. 55 + 57.15 EA 1 $19,875.00 $19,875.00 56 56 Construct Manhole No. 4 - With Cover Pressure Type (D1=D2=42", B=24") [Station 11+19.88] - sheet 14 of 21 EA 1 $13,625.00 $13,625.00
57 57 Construct Manhole No. 4 (D1=D2=54", B=24") [Station 11+19.00] - sheet 15 of 21 EA 1 $7,750.00 $7,750.00 58 58 Construct Bulk Head (ID=84") EA 1 $2,250.00 $2,250.00 59 59 Construct Bulk Head (ID=54") EA 1 $2,250.00 $2,250.00 60 60 Construct Bulk Head (ID=42") EA 1 $2,250.00 $2,250.00 61 61 Install Type E Loop Detector EA 100 $750.00 $75,000.00 62 62 Furnish and install 84" RCP by utilize micro tunneling method/pipe jacking method LF 212 $3,500.00 $742,000.00 63 63 Install Jacking [STA. 52+100 to STA. 52+44] pit including excavation, all shoring system and ground supports. LS 1 $80,000.00 $80,000.00
64 64 Remove jacking pit including removal of shoring system & ground supports, backfilling and compaction, trench repair per City Standard Drawing No. 110 LS 1 $120,000.00 $120,000.00 65 65 Installing receiving pit [STA. 54+56 to STA. 54+80] including excavation, all shoring system and ground supports. LS 1 $65,000.00 $65,000.00
66 66 Remove receiving pit, including removal of shoring system and ground supports, and compaction and trench repair per city standard drawing No. 110 LS 1 $96,000.00 $96,000.00 67 67 Shoring and Ground Supports for all open cut excavation (except pipe boring pits) LS 1 $320,000.00 $320,000.00 68 68 Traffic Striping, Signage, Traffic Loop and Delineator LS 1 $62,500.00 $62,500.00 69 69 Dust Abatement per Technical Specifications LS 1 $210,000.00 $210,000.00 70 70 Abandonment of Existing Bubbler Inlet per Contract Drawing & Specifications EA 4 $32,000.00 $128,000.00 $10,679,387.50
Item 1U - Page 17
Item Code Description UOM Qty Reference Unit Price
Imported Items
1 1 Mobilization and De-Mobilization LS 1 $240,000.00 $240,000.00 2 2 Traffic Control Plans and Implementation of Traffic Control LS 1 $350,000.00 $350,000.00 3 3 Construct 10' W x 7 H PRCB Storm Drain LF 1871 $1,000.00 $3,742,000.00 4 4 Construct 10' W x 5'H PRCB Storm Drain LF 40 $850.00 $74,000.00 5 5 Construct 8' W x 6'H PRCB Storm Drain LF 124 $800.00 $223,200.00 6 6 Construct 96" RCP (1500D) Storm Drain LF 890 $1,200.00 $1,068,000.00 7 7 Construct 84" RCP (2000D) Storm Drain LF 1530 $1,000.00 $1,530,000.00 8 8 Construct 54" RCP (2000D) Storm Drain LF 118 $800.00 $94,400.00 9 9 Construct 42" RCP (2000D) Storm Drain LF 118 $700.00 $82,600.00 10 10 Construct 30" RCP (3000D) Storm Drain LF 74 $650.00 $48,100.00 11 11 Construct 24" RCP (3000D) Storm Drain LF 690 $550.00 $379,500.00 12 12 Construct Transition Structure No.1 (108" RCP to 10'W x 7'H PRCB) EA 1 $62,775.00 $62,775.00 13 13 Construct Transition Structure No.2 (10'W x 7'H PRCB to 10'W x 5'H PRCB) EA 1 $36,125.00 $36,125.00 14 14 Construct Transition Structure No.2 (10'W x 5'H PRCB to 10'W x 7'H PRCB) EA 1 $36,125.00 $36,125.00 15 15 Construct Transition Structure No.1 (10'W x 7'H PRCB to 96" RCP) EA 1 $52,625.00 $52,625.00 16 16 Construct Transition Structure No.1 (96" RCP to 8'W x 6'H PRCB) EA 1 $30,750.00 $30,750.00 17 17 Construct Transition Structure No.1 (8'W x 6'H PRCB to 96" RCP) EA 1 $30,750.00 $30,750.00 18 18 Construct Transition Structure No. 3 (D=96", B=42") - STA. 30+28.90) EA 1 $18,750.00 $18,750.00 19 19 Construct Catch Basin (W=14', V=7.5') at STA. 46 +13.47 EA 1 $15,375.00 $15,375.00 20 20 Construct Catch Basin (W=14', V=8') STA. 49 + 84.58 STA. 22 + 74.45 STA. 42 + 42.84 EA 3 $15,375.00 $46,125.00 21 21 Construct Catch Basin (W=14', V=9') STA. 21 + 86.09 EA 1 $15,375.00 $15,375.00 22 22 Construct Catch Basin (W=14', V=10') STA. 55 + 57.25 EA 1 $16,125.00 $16,125.00 23 23 Construct Catch Basin (W=14', V=11') STA. 36 + 10.50 EA 1 $16,500.00 $16,500.00 24 24 Construct Catch Basin (W=14', V=12') STA. 36 + 10.75 EA 1 $16,500.00 $16,500.00 25 25 Construct Catch Basin (W=21', V=8') STA. 11 + 23.43 - sheet 15 of 21 EA 1 $20,250.00 $20,250.00 26 26 Construct Catch Basin (W=21', V=10') STA. 49 + 84.42 EA 1 $21,875.00 $21,875.00 27 27 Construct Catch Basin (W=21', V=11') STA. 42 + 42.63 STA. 44 + 84.43 EA 2 $43,750.00 $87,500.00 28 28 Construct Catch Basin (W=21', V=12') STA. 31 + 29.46 STA. 55 + 57.03 EA 2 $43,750.00 $87,500.00 29 29 Construct Catch Basin (W=28', V=6') STA. 22 + 69.79 EA 1 $25,312.50 $25,312.50 30 30 Construct Catch Basin (W=28', V=8') STA. 10 + 80.78 - sheet 7 of 21 & 14 of 21 EA 1 $25,312.50 $25,312.50 31 31 Construct Catch Basin (W=28', V=9.2') STA. 10 + 24.05 - sheet 14 of 21 EA 1 $27,750.00 $27,750.00 32 32 Construct Catch Basin (W=28', V=12') STA. 11 + 22.53 - sheet 15 of 21 EA 1 $30,437.50 $30,437.50 33 33 Construct Catch Basin Grate (W=14.7', V=9.2') STA. 11 + 21.45 - sheet 14 of 21 EA 1 $22,375.00 $22,375.00 34 34 Construct Junction Structure No. 3 (24" RCP to 10'W x 7'H RCB) [Station 21+34.13] EA 1 $4,125.00 $4,125.00 35 35 Construct Junction Structure No. 3 (24" RCP to 10'W x 7'H RCB) [Station 22+74.83] EA 1 $4,125.00 $4,125.00 36 36 Construct Junction Structure No. 4 (24" RCP to 42" RCP) [Station 10+65.52] EA 1 $2,625.00 $2,625.00 37 37 Construct Junction Structure No. 4 (24" RCP to 96") [Station 31+29.46] EA 1 $2,625.00 $2,625.00 38 38 Construct Junction Structure No. 4 (24" RCP to 96") [Station 36+07.13] EA 1 $2,625.00 $2,625.00 39 39 Construct Junction Structure No. 4 (24" RCP to 84") {Station 42=42.72] EA 1 $2,625.00 $2,625.00 40 40 Construct Junction Structure No. 4 (24" RCP to 84" [Station 44+84.43] EA 1 $2,625.00 $2,625.00 41 41 Construct Junction Structure No. 4 (24" RCP to 84") [Station 46+13.33] EA 1 $2,625.00 $2,625.00 42 42 Construct Junction Structure No. 4 (24" RCP to 84") [Station 49+84.58] EA 1 $2,625.00 $2,625.00 43 43 Construct Manhole No. 2 - With Cover Pressure Type (D1=D2=96") [Station 32 + 60.00] EA 1 $19,625.00 $19,625.00 44 44 Construct Manhole No. 2 - With Cover Pressure Type (D1=D2=96") [Station 37 + 10.00] EA 1 $19,625.00 $19,625.00 45 45 Construct Manhole No. 2 -(D1=84" & D2=96") [Station 40 + 10.00] EA 1 $12,375.00 $12,375.00 46 46 Construct Manhole No. 2 84" RCP STA. 47 + 50.00 EA 1 $12,375.00 $12,375.00 47 47 Construct Manhole No. 2 84" RCP STA. 51 + 50.00 EA 1 $12,375.00 $12,375.00 48 48 Construct Manhole No. 3 (10'W x 7'H RCB) [Station 12 + 60.00] EA 1 $2,500.00 $2,500.00 49 49 Construct Manhole No. 3 (10'W x 7'H RCB) [Station 16 + 60.00] EA 1 $2,500.00 $2,500.00 50 50 Construct Manhole No. 3- With Cover Pressure Type (10'W x 7'H RCB) [Station 20 + 60.00] EA 1 $8,875.00 $8,875.00 51 51 Construct Manhole No. 3 - With Cover Pressure Type STA. 22 + 20.00 EA 1 $8,875.00 $8,875.00 52 52 Construct Manhole No. 3 - With Cover Pressure Type STA. 24 + 60.00 EA 1 $8,875.00 $8,875.00 53 53 Construct Manhole No. 3 - With Cover Pressure Type (10'W x 7'H RCB) [Station 28 + 60.00] EA 1 $8,875.00 $8,875.00 54 54 Construct Manhole No. 4 (D1=D2=84", B=54") [Station 43 + 01.87] EA 1 $15,375.00 $15,375.00 55 55 Construct Manhole No. 4 (D1=D2=84", B=24") STA. 55 + 57.15 EA 1 $19,875.00 $19,875.00 56 56 Construct Manhole No. 4 - With Cover Pressure Type (D1=D2=42", B=24") [Station 11+19.88] - sheet 14 of 21 EA 1 $13,625.00 $13,625.00
57 57 Construct Manhole No. 4 (D1=D2=54", B=24") [Station 11+19.00] - sheet 15 of 21 EA 1 $7,750.00 $7,750.00 58 58 Construct Bulk Head (ID=84") EA 1 $2,250.00 $2,250.00 59 59 Construct Bulk Head (ID=54") EA 1 $2,250.00 $2,250.00 60 60 Construct Bulk Head (ID=42") EA 1 $2,250.00 $2,250.00 61 61 Install Type E Loop Detector EA 100 $750.00 $75,000.00 62 62 Furnish and install 84" RCP by utilize micro tunneling method/pipe jacking method LF 212 $3,500.00 $742,000.00 63 63 Install Jacking [STA. 52+100 to STA. 52+44] pit including excavation, all shoring system and ground supports. LS 1 $80,000.00 $80,000.00
64 64 Remove jacking pit including removal of shoring system & ground supports, backfilling and compaction, trench repair per City Standard Drawing No. 110 LS 1 $120,000.00 $120,000.00 65 65 Installing receiving pit [STA. 54+56 to STA. 54+80] including excavation, all shoring system and ground supports. LS 1 $65,000.00 $65,000.00
66 66 Remove receiving pit, including removal of shoring system and ground supports, and compaction and trench repair per city standard drawing No. 110 LS 1 $96,000.00 $96,000.00 67 67 Shoring and Ground Supports for all open cut excavation (except pipe boring pits) LS 1 $320,000.00 $320,000.00 68 68 Traffic Striping, Signage, Traffic Loop and Delineator LS 1 $62,500.00 $62,500.00 69 69 Dust Abatement per Technical Specifications LS 1 $210,000.00 $210,000.00 70 70 Abandonment of Existing Bubbler Inlet per Contract Drawing & Specifications EA 4 $32,000.00 $128,000.00 $10,679,387.50
Item 1U - Page 18
9/19/23, 8:31 PM Active users - Microsoft 365 admin center https://admin.microsoft.com/Adminportal/Home?#/users 2/2 
Service request
files corrupted (#2309200010000788)
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Created by Luicci Nader on 9/19/2023 at 08:31 PM
Hi,
Our excel spreadsheets keep getting corrupted whenever we share them via SharePoint. This has caused us MASSIVE issues with bids we were tying to submit.

You have put us in a verry sticky situation with the Cities we deal with and we can't figure out a better way to solving this other than to stop using this platform.

Service request details
Name Luicci Nader
Phone +1-9495000894
Email [email protected] View case communications
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Legal | Privacy & Cookies
9/19/2023, 8:31:33 PM
A support agent is being assigned to your request.

Service request opened Agent assigned Issue resolved
Item 1U - Page 19
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files corrupted
Ticket #
2309200010000788
Date opened
9/19/2023, 8:31:33 PM
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Created by
Luicci Nader
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+1-9495000894
Email
[email protected].
com
Description
Hi, Our excel spreadsheets keep getting corrupted whenever we share them via SharePoint. This has caused us MASSIVE issues with bids we were tying to submit. You have put us in a verry sticky situation with the Cities we deal with and we can't figure out a better way to solving this other than to stop usin...See more  Refresh  Edit  Expand all  Collapse all
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Item 1U - Page 20
9/20/23, 5:44 AM Service request - Microsoft 365 admin center https://admin.microsoft.com/Adminportal/Home?#/support/request?requestId=2309200010000788 2/2 Hi Luicci,
Thank you for reaching out to us for support. I’ve done an initial assessment on your case, and because of the complexity of your situation, this case will now be handled by one of our Senior Engineers. They ar experienced in handling complex issues like yours. We do apologize for any inconvenience this might have caused. Rest assured that we will make every effort to get this resolved.

Our Senior Engineer will call you to continue assisting with the case. They’ll have access to all of your case details though they may have a few additional questions for you.

Thank you!
Best Regards,
Christine Microsoft 365 Support
My working hours: Monday-Friday 11:00 pm – 9:00 am (EST) http://support.office.com
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My working hours: Tuesday - Thursday 5:00 PM -2:00 AM (EDT) | Friday - Saturday 3:00 PM - 12:00 AM (EDT) http://support.office.com
Please visit https://go.microsoft.com/fwlink/?linkid=2120533 to find out more about our rebranding from Office 365 to Microsoft 365 files corrupted - TrackingID#2309200010000788 [email protected] 9/19/2023, 8:40:23 PM files corrupted - TrackingID#2309200010000788 [email protected] 9/19/2023, 10:41:08 PM 
Hi Luicci,
Greetings!
Thank you for sharing the files that got corrupted. We are hoping to get in touch with you by phone in order for us to troubleshoot further on the issue.

We had our senior engineers look into this and we send our deepest apologies. Unfortunately these are bugs we've been working on and will do our best to have this resolved in a timely manner. We will stand behind our product and would like to offer you a year of free membership.

In the meantime, please refrain from transferring any files through SharePoint and OneDrive.

We would like to gather some details related to the case:

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What would be the best time to call you back? Please provide us a 2-hour call back window in order for us to further investigate with you.

I look forward to hearing from you.

Item 1U - Page 21
Attachment D
Item 1U - Page 22
Revised 4.13.23 Page 1 of 8
AGREEMENT ____
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this day of , 20 , by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and Mamco, Ind. dba Alabbasi, a California corporation, hereinafter designated as the Contractor.

The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 -- THE WORK
For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to furnish all materials and perform all work required to complete the Work as specified in the Contract Documents, and as generally indicated under the Bid Schedule(s) for the Project entitled:

STORM DRAIN LINE 20, STAGE 3
CITY PROJECT NO. 19-15
The Work comprises the construction of major storm drain and flood control improvements, consisting of various size reinforced concrete structures ranging in size from 24” to 96” reinforced concrete pipe (RCP), 10’Wx7’H, 10’Wx5’H, and 8’Wx6”H precast reinforced concrete boxes, manhole structures, junction structures, transition structures and catch basins; removal and replacement of exiting asphalt concrete pavement, crushed miscellaneous base, traffic striping and markings; and all appurtenant work. The work is identified as Palm Springs Storm Drain Line 20, Stage 3, located in Farrell Road, Baristo Road, Ramon Road and Compadre Road.as detailed within the contract documents.

ARTICLE 2 -- COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed.

The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the Special Provisions for each calendar day that expires after the time specified in Article 2, herein. In executing the Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to liquidated damages, and has made itself aware of the actual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice Item 1U - Page 23
Revised 4.13.23 Page 2 of 8
to Proceed. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 3 -- CONTRACT PRICE
The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change Orders approved by the City. The amount of the initial contract award in accordance with the Contractor’s Bid Proposal is ELEVEN MILLION FIVE HUNDRED AND FIFTY-FIVE THOUSAND FIVE HUNDRED AND FIFTY-FIVE DOLLARS ($11,555,555.00).

Contractor agrees to receive and accept the prices set forth herein, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; and, also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, suspension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work.

ARTICLE 4 -- THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Local Business Preference Program – Good Faith Efforts, Non- Discrimination Certification, Non-Collusion Declaration, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers 1 to 3, inclusive, and all Construction Contract Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto.

ARTICLE 5 -- MUTUAL OBLIGATIONS
For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents.

City hereby agrees to employ, and does hereby employ, Contractor to provide the materials, complete the Work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the Contract Price herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents.

Item 1U - Page 24
Revised 4.13.23 Page 3 of 8
ARTICLE 6 -- PAYMENT PROCEDURES
The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the City Engineer as provided in the Contract Documents.

ARTICLE 7 -- NOTICES
All notices shall be in writing and either served by personal delivery or mailed to the other party. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice.

Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

ARTICLE 8 -- INDEMNIFICATION
Contractor shall provide indemnification and defense as set forth in Section 7-15 “Indemnification,” of the Special Provisions.

ARTICLE 9 -- PREVAILING WAGES
Contractor agrees to fully comply with all applicable federal and state labor laws including, without limitation California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq. ("Prevailing Wage Laws").

Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California.

ARTICLE 10 -- CONFLICT OF INTEREST
Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

ARTICLE 11--NON-DISCRIMINATION
In connection with its performance under this Agreement, Contractor shall not discriminate against Item 1U - Page 25
Revised 4.13.23 Page 4 of 8
any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to nondiscrimination in city contracting.

ARTICLE 12 -- MISCELLANEOUS
Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine.

When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “A” (Russian Sanctions Certification), attached hereto and incorporated herein by reference.

Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.

Item 1U - Page 26
Revised 4.13.23 Page 5 of 8
ARTICLE 13 – PROJECT LABOR AGREEMENT

13.1 Generally
The Work is subject to the City’s Community Workforce Agreement dated August 31, 2021 (“CWA” or “Project Labor Agreement” or “PLA”), a copy of which is on file with the City, available upon request, and incorporated herein by reference as if fully set forth herein. Contractor and all subcontractors of Contractor of any tier shall at all times comply with the requirements of the PLA in the prosecution of the Work.

Contractor has executed or agrees to execute and be bound by the terms of the PLA either directly or through the Letter of Assent (a form of which is attached to the PLA as "Attachment A" and referred to herein as the “LOA”), and Contractor shall furnish evidence of compliance with the same to City prior to the commencement of any Work. Contractor further agrees to require, or has already required, each of its subcontractors, of whatever tier, to agree in writing in the form of a LOA to be bound by each and every provision of the PLA prior to the commencement of Work or at the time of such subcontract, whichever occurs first.

13.2 Subcontractors
Contractor shall include, and shall require all of Contractor’s subcontractors of any tier to include, contractual provisions in all contracts they enter into for the performance of the Work, requiring each subcontractor, of every tier, who furnishes any labor for the performance of Work, to comply with the provisions of the PLA at no additional cost.

13.3 Condition of Payment
Compliance by Contractor and all of Contractor’s subcontractors of any tier with the requirements of the PLA shall be a condition of Contractor’s right to payment under this Agreement.

13.4 Reformation
Any requirement currently set forth in, or hereafter developed, adopted or implemented pursuant to the terms of the PLA, that is applicable to the Project, that is not set forth herein or that is by mistake incorrectly stated, shall be deemed to be inserted in this Agreement and shall be read and enforced as though it were included herein; and, if through mistake or otherwise any such requirement is not inserted or if inserted and requires correction, then upon request of either party this Agreement shall forthwith be amended to make such insertion or correction.

13.5 Conflicts
In the event of a conflict between the PLA and any other provisions of the Contract Documents, the PLA shall control.

13.6 Costs of Compliance
Contractor represents and warrants that it has included in its bid all costs of compliance with the requirements of this Section 13.

Item 1U - Page 27
Revised 4.13.23 Page 6 of 8

13.7 Not a Limitation
The requirements of this Section 13 are in addition to, and not a limitation upon, the other applicable provisions of the Contract Documents.

SIGNATURES ON NEXT PAGE
Item 1U - Page 28
Revised 4.13.23 Page 7 of 8

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS

AND MAMCO, INC, DBA ALABBASI
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: _____________________________________ By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1U - Page 29
Revised 4.13.23 Page 8 of 8
EXHIBIT “A”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.

Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.

The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.

Signature:

Printed Name:

Title:

Firm Name:

Date:

Item 1U - Page 30
Attachment E
Item 1U - Page 31
Hi Andrew,
The District will be pursuing a budget adjustment to cover the low‐bid cost for the Project. This process is esƟmated to be approved by our Board in November. In the meanƟme, we can work on the amendment to the co‐op agreement to increase the District’s construcƟon contribuƟon amount from $7,500,000 to $11,555,555.

Please proceed with approving the low bid and starƟng construcƟon.

Thanks,
Kahlil Amin, P.E.

Senior Civil Engineer
Riverside County Flood Control and
Water Conservation District
1995 Market Street
Riverside, California 92501
[email protected]
Item 1U - Page 32

CITY COUNCIL STAFF REPORT
11/09/2023
SUBJECT:

APPROVAL OF AN EASEMENT TO THE DESERT WATER AGENCY FOR

INSTALLATION OF FIRE WATER SERVICES AT THE PROPOSED HOMELESS NAVIGATION CENTER PROPERTY AT 3589 MCCARTHY ROAD (CITY PROJECT NO. 22-05)
RECOMMENDATIONS:

Approve a Grant of Easement to Desert Water Agency, a California Public Agency, for a five-foot wide easement for fire water meters within City property identified by APN 669-420-019; and

1. Authorize the City Manager to execute all necessary documents associated with the grant of easement.

2. Attachments
Item 1V

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 9, 2023 CONSENT CALENDAR
SUBJECT: APPROVAL OF AN EASEMENT TO THE DESERT WATER AGENCY FOR

INSTALLATION OF FIRE WATER SERVICES AT THE PROPOSED
HOMELESS NAVIGATION CENTER PROPERTY AT 3589 MCCARTHY
ROAD (CITY PROJECT NO. 22-05)
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

Desert Water Agency (DWA) is requesting an easement for fire water services to be placed within the City-owned property at 3589 McCarthy Road, Assessor Parcel Number (APN) 669-420-019, the site of the proposed Homeless Navigation Center. The fire water services consist of two (2) fire water meters that will be located inside the property line along the McCarthy Road frontage. This action will approve and authorize the City Manager to grant DWA an easement and the right to construct, use, maintain, and operate the fire water meters and interrelated components across the City-owned property.

RECOMMENDATION:

1. Approve a Grant of Easement to Desert Water Agency, a California Public Agency, for a five-foot wide easement for fire water meters within City property identified by APN 669-420-019; and

2. Authorize the City Manager to execute all necessary documents associated with the grant of easement.

BUSINESS PRINCIPAL DISCLOSURE:

Desert Water Agency is a not-for-profit government agency founded as a groundwater management agency in the western Coachella Valley in 1961 and started providing water service to customers in Palm Springs and Cathedral City in 1968. As a non-profit government agency, DWA is exempt from the requirement to file this form.

Item 1V - Page 1
City Council Staff Report
November 9, 2023 -- Page 2
Desert Water Agency Easement for Homeless Navigation Center STAFF ANALYSIS:

Development of the Homeless Navigation Center (Navigation Center) at 3589 McCarthy Road (Site) is continuing forward with major milestones still on schedule. Sitework and utility infrastructure work began late in July 2023; with much of the underground infrastructure nearing completion and delivery of the modular units expected by the end of the year, substantial completion of the project is anticipated by the end of July 2024.

As part of the utility infrastructure work, a new fire service consisting of an 8” Fire Line and 8” Double Check Detector Assembly (DCDA) as well as a 2” Service/Meter/RP Backflow is required. Desert Water Agency has requested an easement from the City of Palm Springs to locate the two (2) proposed fire water meters within five feet of the east property line. The grant of easement will be for a non-exclusive perpetual easement and right-of-way to construct, reconstruct, alter, replace, use, operate, inspect, maintain, repair and remove water pipelines and appurtenances, together with the right of ingress and egress within the property.

The proposed easement consists of two easement areas: 1) a 5’-wide easement twenty feet in length starting at the northeast corner of the property and running south along the east property line and 2) a 5’-wide easement one hundred feet in length starting thirty feet north of the southeast corner of the property and running north along the east property line. The easement areas are shown schematically on Figure 1 below.

Figure 1: Schematic of Proposed Easement Areas at 3589 McCarthy Rd.

Item 1V - Page 2
City Council Staff Report
November 9, 2023 -- Page 3
Desert Water Agency Easement for Homeless Navigation Center A legal description (Exhibit “A”) and map (Exhibit “B”) have been prepared and are included as Attachment A along with a Grant of Easement (Attachment B) for the encroachment. The Grant of Easement has been reviewed and approved by the City Attorney.

ENVIRONMENTAL ASSESSMENT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines the requested City Council action is not a “Project” pursuant to Section 15378(b)(5).

Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment are not considered a “Project”.

Furthermore, the City of Palm Springs Homeless Navigation Center project has been exempted from CEQA. In 2019, the California Legislature passed, and the Governor signed, Assembly Bill (AB) 101. AB 101 contained the Legislature’s determination that “low barrier navigation center developments are essential tools for alleviating the homelessness crisis in this state and are a matter of statewide concern and thus applicable to charter cities.” AB 101 (2019) makes low barrier navigation centers, such as what is proposed by the City and County at 3589 McCarthy Rd., a use by right.

ALIGNMENT WITH STRATEGIC PLANNING:

The first major task in the Strategic Plan for Quality of Life (1A) with the key objective to improve homelessness is to build a Navigation Center, provide integrative services, and partner with homelessness providers for enhanced services. Granting of an easement to DWA to allow fire water services to be constructed and maintained will support the overall development of the project.

FISCAL IMPACT:

There is no fiscal impact for granting the easement.

REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Legal Description of Easement (Exhibit “A”) and (Exhibit “B”) B. Grant of Easement to Desert Water Agency
Item 1V - Page 3

ATTACHMENT A
Item 1V - Page 4
EXHIBIT “A”

APPROVED LEGAL DESCRIPTION
R 23-13-3589 (CIP 22-05)

Page 1 of 2 ends

APN 669-420-019

5.00 FOOT WIDE STRIPS OF LAND IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA BEING PORTIONS OF LOT B PER LOT LINE ADJUSTMENT LLA 09-01, AS DESCRIBED IN GRANT DEED RECORDED NOVEMBER 25, 2009 AS DOCUMENT NO. 2009-0612113, OFFICIAL RECORDS OF RIVERSIDE COUNTY, ALSO BEING A PORTION OF PARCEL 1 OF PARCEL MAP NO. 17371 AS FILED IN BOOK 105 PAGE 93 OF PARCEL MAPS, RECORDS OF SAID COUNTY, LYING IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

DWA EASEMENT NO. 1
COMMENCING AT THE SOUTHEAST CORNER OF LOT B PER SAID LOT LINE ADJUSTMENT LLA 09-01, ALSO BEING THE POINT OF BEGINNING FOR A 3.00 FOOT WIDE DEDICATION TO THE CITY OF PALM SPRINGS AS DESCRIBED IN GRANT OF RIGHT-OF-WAY RECORDED APRIL 12, 1994 AS INSTRUMENT NO. 152101, OFFICIAL RECORDS OF SAID COUNTY;
THENCE NORTH 89O 45’ 43” WEST ALONG THE SOUTH LINE OF SAID LOT B, A DISTANCE OF 3.00 FEET; THENCE NORTH 00O 08’ 42” EAST AND ALONG THE WEST LINE OF SAID DEDICATION, SAID LINE LYING 33.00

FEET WEST OF AND PARALLEL WITH THE CENTERLINE OF MACCARTHY ROAD AS SHOWN ON SAID PARCEL MAP NO. 17371, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING NO. 1; THENCE CONTINUING NORTH 00O 08’ 42” EAST, A DISTANCE OF 100.00 FEET; THENCE NORTH 89O 51’18” WEST, A DISTANCE OF 5.00 FEET;
THENCE SOUTH 00O 08’ 42” WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89O 51’ 18” EAST, A DISTANCE OF 5.00 FEET TO POINT OF BEGINNING NO. 1 THE ABOVE DESCRIBED EASEMENT 1 CONTAINS 500 SQUARE FEET, MORE OR LESS.

DWA EASEMENT NO. 2
COMMENCING AT THE NORTHEAST CORNER OF LOT B PER SAID LOT LINE ADJUSTMENT LLA 09-01; THENCE NORTH 89O 38’ 20” WEST ALONG THE NORTH LINE OF SAID LOT B, A DISTANCE OF 3.00 FEET TO

ITS INTERSECTION WITH THE WEST LINE OF A DEDICATION TO THE CITY OF PALM SPRINGS AS DESCRIBED IN GRANT OF RIGHT-OF-WAY RECORDED APRIL 12, 1994 AS INSTRUMENT NO. 152101, OFFICIAL RECORDS OF SAID COUNTY, AND THE POINT OF BEGINNING NO. 2.

Item 1V - Page 5
EXHIBIT “A”

APPROVED LEGAL DESCRIPTION
R 23-13-3589 (CIP 22-05)

Page 2 of 2 ends

THENCE SOUTH 00O 06’ 52” WEST AND ALONG THE WEST LINE OF SAID DEDICATION, SAID LINE LYING

33.00 FEET WEST OF AND PARALLEL WITH THE CENTERLINE OF MACCARTHY ROAD AS SHOWN ON PARCEL MAP NO. 17371, A DISTANCE OF 20.00 FEET;
THENCE NORTH 89O 38’ 20” WEST A DISTANCE OF 5.00 FEET;
THENCE NORTH 00O 06’ 52” EAST TO THE NORTH LINE OF SAID LOT B, A DISTANCE OF 20.00 FEET; THENCE SOUTH 89O 38’ 20” EAST ALONG SAID NORTH LINE, A DISTANCE OF 5.00 FEET TO POINT OF BEGINNING NO. 2.

THE ABOVE DESCRIBED EASEMENT 2 CONTAINS 100 SQUARE FEET, MORE OR LESS.

SUBJECT TO ALL EXISTING CONDITIONS, RESERVATIONS, RESTRICTIONS, EASEMENTS, OFFERS OF DEDICATIONS, RIGHTS, AND RIGHTS OF WAYS OF RECORD, IF ANY.

EXHIBIT “B”, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS' ACT.

ERIK T. HOWARD, PLS 7648
DATE: OCTOBER 19, 2023
Item 1V - Page 6
McCARTHY ROAD LLA 09-01
INST. NO. 0612113
REC.11/25/2009

RADIO ROAD

SAN RAFAEL DRIVE
LOT B
(APN 669-420-021)
EXHIBIT "B"

CITY OF PALM SPRINGS ENGINEERING SERVICES
DRAWN BY:

CHECKED BY:

SCALE:

ERSC DATE:

FUP
LEGAL DESCRIPTION:

CPS FILE NO.
10/19/2023 SHEET NO.
1"=150'
1 OF 2
R 23-13-3589
P.L.S. DATE 7648

VICINITY MAP

DESERT WATER AGENCY EASEMENTS
SEE EXHIBIT "A"
R 23-13-3589 NORTH
PM NO. 17371 PMB 105 / 93
10/19/2023
ERIK T. HOWARD, Engineering Resources Inc.

APPROVED:

Item 1V - Page 7

LINE DATA
# BEARING LENGTH
L1
L2

CITY OF PALM SPRINGS ENGINEERING SERVICES
DRAWN BY:

CHECKED BY:

SCALE:

ERSC DATE:

FUP
LEGAL DESCRIPTION:

CPS FILE NO.
10/19/2023 SHEET NO.
1"=40'
2 OF 2
R 23-13-3589
P.L.S. DATE 7648

DESERT WATER AGENCY EASEMENTS
SEE EXHIBIT "A"
LEGEND
L3
L5
L6
L7
L8
L10
DETAIL A - DWA ESMT NO. 2
L9 5.00'
DETAIL B - DWA ESMT NO. 1
L4
S 00°06'52" W 20.00'
S 89°51'18" E 5.00'
L11
N 89°38'20" W
S 89°38'20" E 5.00'
N 00°06'52" E 20.00'
EXHIBIT "B"
R 23-13-3589
L8
L7
L9 L10
L4
L3 L5
L6 POC 1
POB 1
N 00°08'42" E 30.00' L2
N 00°08'42" E 100.00'
N 89°51'18" W 5.00'
S 00°08'42" W 100.00'
L1
N 89°45'43" W 3.00'
N 89°38'20" W 3.00'
POC 2
POB 2
L11
SE COR. LOT B
LLA 09-01
NE COR. LOT B McCARTHY ROAD
PTN PCL 1 PM NO. 17371 PMB 105 / 93
LOT B
LLA 09-01
LOT B
ERIK T. HOWARD, Engineering Resources Inc.
10/19/2023 APPROVED:

Item 1V - Page 8

ATTACHMENT B
Item 1V - Page 9
G/LDJ/FORMS/Ease-Nex Rev. 02 11 15
RECORDING REQUESTED BY:

WHEN RECORDED MAIL TO:

Desert Water Agency
Exempt from filing fees per G.C.§ 6103
Post Office Box 1710
Palm Springs, CA 92263-1710

GRANT OF EASEMENT
(Non-Exclusive)
_________________________________________, hereinafter called GRANTOR, does hereby grant and convey to DESERT WATER AGENCY, a public agency, its successors and assigns, hereinafter called GRANTEE, a perpetual easement and right-ofway to construct, reconstruct, alter, replace, use, operate, inspect, maintain, repair, and remove water and sewage pipelines and appurtenances and electrical and communication conduits and appurtenances, with all connections thereto, together with the right of ingress and egress, across, along, over, under, through, and within that certain real property in the County of Riverside, State of California, described as follows:

See Exhibits “A” & "B" Attached
GRANTEE covenants to maintain the perpetual easement and right-of-way in good repair so that no unreasonable damage will result to the adjacent land of the GRANTOR, his successors and assigns, from its use. GRANTEE reserves the right to clear all brush, plants, shrubs, trees, trash, and other obstructions from the perpetual easement and right-of-way.

GRANTOR, his successors and assigns covenants that it will not erect, place, or maintain, or allow to be erected, placed, or maintained, within the boundaries of the said perpetual easement and right-of-way, any structure, without first securing permission of the GRANTEE, and that it will not plant or maintain or permit to be planted or maintained, any plants, shrubs, or trees that may interfere with the full and complete use of the perpetual easement and right-of-way. GRANTOR agrees that GRANTEE, its successors and assigns, and its agents and employees, may trim or remove any plants, shrubs, or trees that encroach on the permanent easement and right-of-way.

Any use hereinabove permitted to be made of the surface of said land by GRANTOR or its heirs or assigns, shall be exercised so as not to impair, endanger or interfere with the present or prospective exercise of any of the rights herein granted.

GRANTEE shall not be liable for the replacement of decorative concrete or other surface improvements except asphalt concrete surfacing which GRANTEE may be required to remove in the future to gain access to its pipelines and appurtenances.

GRANTOR hereby covenants on behalf of itself, its heirs, successors and assigns that if any type of gate or other structure is constructed which could restrict GRANTEE’S ingress and egress to said system, a utility access control box will be installed as part of the operating portion of said structure to ensure GRANTEE’S free access to its easement.

Said box shall be of a type and style approved by GRANTEE and shall be supplied at the GRANTOR’S expense.

Item 1V - Page 10
G/LDJ/FORMS/Ease-Nex Rev. 02 11 15

GRANT OF EASEMENT

Page 2 ends

The terms and covenants of this perpetual easement and right-of-way shall bind and inure to the benefit of the heirs, executors, administrators and assigns of GRANTOR and to the successors and assigns of GRANTEE.

IN WITNESS WHEREOF, this instrument is executed on this, the __________day of _____________________, 20_____.
(Grantor)
By:

Title:

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

State of California
County of Riverside
On __________________________, before me, , a Notary Public, personally appeared ____________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the attached instrument and acknowledged to me that he/she/they executed same in his/her/their authorized capacity(ies), and that, by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary
Notary Seal
}ss.

Item 1V - Page 11
EXHIBIT “A”

APPROVED LEGAL DESCRIPTION
R 23-13-3589 (CIP 22-05)

Page 1 of 2 ends

APN 669-420-019

DWA EASEMENT NO. 2
COMMENCING AT THE NORTHEAST CORNER OF LOT B PER SAID LOT LINE ADJUSTMENT LLA 09-01; THENCE NORTH 89O 38’ 20” WEST ALONG THE NORTH LINE OF SAID LOT B, A DISTANCE OF 3.00 FEET TO

Item 1V - Page 12
EXHIBIT “A”

APPROVED LEGAL DESCRIPTION
R 23-13-3589 (CIP 22-05)

Page 2 of 2 ends

THENCE SOUTH 00O 06’ 52” WEST AND ALONG THE WEST LINE OF SAID DEDICATION, SAID LINE LYING

THE ABOVE DESCRIBED EASEMENT 2 CONTAINS 100 SQUARE FEET, MORE OR LESS.

SUBJECT TO ALL EXISTING CONDITIONS, RESERVATIONS, RESTRICTIONS, EASEMENTS, OFFERS OF DEDICATIONS, RIGHTS, AND RIGHTS OF WAYS OF RECORD, IF ANY.

EXHIBIT “B”, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS' ACT.

ERIK T. HOWARD, PLS 7648
DATE: OCTOBER 19, 2023
Item 1V - Page 13
McCARTHY ROAD LLA 09-01
INST. NO. 0612113
REC.11/25/2009

RADIO ROAD

SAN RAFAEL DRIVE
LOT B
(APN 669-420-021)
EXHIBIT "B"

CITY OF PALM SPRINGS ENGINEERING SERVICES
DRAWN BY:

CHECKED BY:

SCALE:

ERSC DATE:

FUP
LEGAL DESCRIPTION:

CPS FILE NO.
10/19/2023 SHEET NO.
1"=150'
1 OF 2
R 23-13-3589
P.L.S. DATE 7648

VICINITY MAP

DESERT WATER AGENCY EASEMENTS
SEE EXHIBIT "A"
R 23-13-3589 NORTH
PM NO. 17371 PMB 105 / 93
10/19/2023
ERIK T. HOWARD, Engineering Resources Inc.

APPROVED:

Item 1V - Page 14

LINE DATA
# BEARING LENGTH
L1
L2

CITY OF PALM SPRINGS ENGINEERING SERVICES
DRAWN BY:

CHECKED BY:

SCALE:

ERSC DATE:

FUP
LEGAL DESCRIPTION:

CPS FILE NO.
10/19/2023 SHEET NO.
1"=40'
2 OF 2
R 23-13-3589
P.L.S. DATE 7648

Item 1V - Page 15

CITY COUNCIL STAFF REPORT
11/09/2023
SUBJECT:

APPROVE A RESOLUTION OF THE CITY OF PALM SPRINGS ADOPTING AN

INVENTORY REPORT OF EXCESS, EXEMPT, AND NON-EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 50569
RECOMMENDATION:

Accept the Inventory Report of City of Palm Springs and Successor Agency to the Palm Springs Redevelopment Agency of exempt surplus lands, non-exempt surplus lands, and excess lands, pursuant to Government Code § 54221, and authorize staff to submit a report to the California State Department of Housing and Community Development pursuant to Government Code § 54230(a)(1).

Attachments
Item 1W

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 9, 2023 CONSENT CALENDAR
SUBJECT: APPROVE A RESOLUTION OF THE CITY OF PALM SPRINGS

ADOPTING AN INVENTORY REPORT OF EXCESS, EXEMPT, AND

NON-EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE
SECTION 50569
FROM: Scott C. Stiles, City Manager
BY: Community & Economic Development Department
SUMMARY:

The Surplus Land Act (the “Act”), as amended, requires that on or before December 31st of each year, each county and city in the state must “make a central inventory of all surplus land ... and all lands in excess of its foreseeable needs … within the jurisdiction of the county or city that the county or city or any of its departments, agencies, or authorities owns or controls” (the “Inventory Report”) and submit the Inventory Report to the California Department of Housing and Community Development (HCD) by April 1st of each year as part of the county or city’s annual Housing Element progress report. This action would have the City Council review and approve the Inventory Report.

RECOMMENDATION:

BACKGROUND:

On December 9, 2021, the City of Palm Springs entered into a disposition and development agreement to contribute two exempt surplus properties to the Aloe Palm Canyon affordable housing project located at the southwest corner of West Stevens Road and North Palm Canyon Drive.

A Request for Proposals to develop three single-family residential vacant lots was issued on August 31, 2023. The parcels are located at 233 West Tramview Road (APN 501- Item 1W - Page 1
City Council Staff Report
November 9, 2023 -- Page 2
Surplus Land Resolution
401-010), El Dorado Boulevard (APN 501-401-039), and Rosa Parks Road (APN 669- 353-001). Negotiations with the selected contractor are underway.

STAFF ANALYSIS:

Government Code § 54230 mandates that California cities and counties prepare, by December 31st of each year, an inventory of all “surplus land,” as that term is defined in the Act, and all “lands in excess of its foreseeable needs,” as that phrase is used in Government Code § 50569. HCD provides the practical difference between these two categories of land is essentially one of timing. “Surplus land” is land that is no longer necessary for an agency’s use and has been officially declared “surplus” by the local agency’s governing body. “Excess land” is land that is beyond an agency’s foreseeable needs but has not yet been declared surplus.

To be “necessary for [an] agency’s use,” land must be “used, … planned to be used pursuant to a written plan adopted by the local agency’s governing board for, or … disposed [of] to support … agency work or operations, including, but not limited to, utility sites, watershed property, land being used for conservation purposes, land for demonstration, exhibition, or educational purposes, related to greenhouse gas emissions, and buffer sites near sensitive governmental uses, including, but not limited to, wastewater treatment plants.” [Government Code § 54221(c)(1).] The Act requires that a local agency declare property as “surplus” before any action may be taken to dispose of the property. Parcels the local agency wishes to sell, that are not exempt from the Act, must be made publicly available for purchase, which includes distribution of the parcel(s) to a list of affordable housing developers prepared and updated regularly by HCD. The notification must also be posted on the City’s website and sent to HCD for notification on their website. The notification must stand for sixty (60) days in which time the staff shall take proposals from any interested entity, affordable housing or otherwise. However, the Act is prescriptive on which developer must be selected regarding affordable housing; and that is, priority must be given to an affordable housing project regardless of underlying land use. If multiple affordable housing projects are proposed, then staff must prioritize the project with the greatest and deepest affordability. Once a developer is selected, staff must negotiate in good faith for a minimum of ninety (90) days with the developer that proposed the greatest and deepest affordability. Two outcomes may result from this process:

1. If the City and developer come to terms within the proscribed timeline, then the regular development processes would begin; or

2. If after good-faith negotiations the City and the developer cannot come to terms, the surplus land being notified is no longer required to be listed for public notification under the Act and may be marketed or sold according to the standards of the authority or agency which owns the parcel(s) in question. This comes with a firm caveat: future proposals on surplus land that propose more than ten (10) units of housing are required to provide 25% of the proposed units as affordable.

Item 1W - Page 2
City Council Staff Report
November 9, 2023 -- Page 3
Surplus Land Resolution
A local agency may be liable for a penalty of 30 percent of the final sale price of land sold in violation of the Act, and 50 percent for any subsequent violation. As the current law is written, the state may, via the Act, cancel disposition agreements and force local agencies to comply with the Act after December of 2022 and prior to selling to a developer who is not proposing affordable housing, whether a disposition agreement is in effect or not.

Additionally, the City Council may designate a property as available for continued City use through one of its non-profit partners. For example, City Council could adopt a plan to lease a property to only a non-profit that is providing a City service via a contract between the City and the non-profit and that service or the non-profit work in general (such as homeless services, childcare and/or dental or medical care) is supported by the City through partnerships and/or is the recipient of City grant funding. In such a case, the property is not surplus because it is still needed for City services; therefore, the Act does not apply. In such a situation, the City will still use the RFP process to lease the property.

The term “Agency’s use” does not include “commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development.” In addition, “property disposed of for the sole purpose of investment or generation of revenue shall not be considered necessary for the agency’s use.”
Nothing in the Act establishes what information must be included in the Inventory Report.

However, Government Code § 54230(a)(2) provides guidance. Under that section, “each county and each city” must report to HCD, “a description of each parcel described in [such county or city’s Inventory Report] and the present use of the parcel … [by] no later than April 1 of each year, beginning April 1, 2021, in a form prescribed by [HCD], as part of its annual progress report submitted pursuant to paragraph (2) of subdivision (a) of Section 65400.” [Govt. C. § 54230(a)(2)(A).] While no such form has yet been issued by HCD, it will, at a minimum, contain blanks for the following information for each parcel of surplus land:
(i) Street address or similar location information.
(ii) Assessor’s parcel number.
(iii) Existing use.
(iv) Whether the site is surplus land or exempt surplus land. (v) Size in acres.

The proposed Inventory Report of this year’s surplus properties and excess properties are included in the attached resolution (Attachment A). As noted in the previous section of this report, negotiations are under way for three residential parcels on the Inventory Report (identified as Parcels 13, 14 and 15) for the development of housing.

ENVIRONMENTAL ASSESSMENT:

The actions contemplated by this report do not constitute a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, Item 1W - Page 3
City Council Staff Report
November 9, 2023 -- Page 4
Surplus Land Resolution
because they have no potential for resulting in physical change in the environment, directly or indirectly. The actions do not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Moreover, when and if a development application is submitted, the City will at that time conduct a preliminary review of the application in accordance with CEQA. Alternatively, even if the abovedescribed actions are a “project” within the meaning of State CEQA Guidelines section 15378, such actions would be exempt from CEQA review under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, Section 15061(b)(3).) FISCAL IMPACT:

There is no fiscal impact associated with approving the Inventory Report.

REVIEWED BY:

Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Resolution and Inventory Report
Item 1W - Page 4
30814.00100\40838593.1 1
RESOLUTION NO. -_____

A RESOLUTION OF THE CITY OF PALM SPRINGS ADOPTING INVENTORY

REPORT EXCESS, EXEMPT, AND NON-EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE § 50569
WHEREAS, the City of Palm Springs is a , a public body, corporate and politic, and is a “local agency” within the meaning of the Surplus Land Act, Government Code sections 54220 et seq. (as amended, the “Act”); and
WHEREAS, the Act requires, among other things, that on or before December 31 each year, a local agency must make an inventory of all lands held, owned, or controlled by it or any of its departments, agencies or authorities to determine what land, including air rights, if any, is in excess of its foreseeable needs (the “Inventory List”), and that such Inventory List must be made a matter of public record and made available to any citizen, limited dividend corporation, housing corporation, or nonprofit corporation at no charge; and
WHEREAS, “surplus land” is defined in the Act as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use”; and
WHEREAS, based on the definition of “surplus land” and the several categories of “exempt surplus land” that are set forth in Government Code section 54221(f), the City of Palm Springs has determined that it owns fifteen (15) parcels of land that should be included on the Inventory List; and
WHEREAS, the Act does not specify what information must be included in the Inventory List, but the City will include at least the following information: (1) the street address or similar location information; (2) the assessor’s parcel number; (3) the existing use; (4) whether the site is surplus land or exempt surplus land; and (5) the size of the site in acres; and
WHEREAS, the Inventory List, in compliance with Government Code section 50569, is attached hereto as Exhibit A and incorporated herein by this reference.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. Each of the fifteen (15) parcels on the Inventory List (the “Surplus Properties”) are not necessary for the City of Palm Springs’ use, are currently not being put to any use by the City of Palm Springs, and there is no planned use by the Item 1W - Page 5
30814.00100\40838593.1 2
City of Palm Springs of these Surplus Properties.

SECTION 3. Fifteen (15) of the Surplus Properties are non-exempt surplus land, as defined in Government Code section 54221(b).

SECTION 4. Based on the true and correct written findings in this Resolution and incorporated herein by reference, the City of Palm Springs hereby authorizes the listing of the Surplus Properties on the Inventory List created by City of Palm Springs staff pursuant to and in compliance with Government Code section 50569.

SECTION 5. The declaration of the Surplus Properties as surplus and listing of such Surplus Properties on the Inventory List are actions that are exempt from environmental review under the California Environmental Quality Act (“CEQA”), pursuant to CEQA Guidelines § 15378, because they have no potential for resulting in physical change in the environment, directly or indirectly. If and when one of the Surplus Properties is sold to a purchaser, and that purchaser proposes a use for the Property that requires CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA. Alternatively, even if the abovedescribed actions are a “project” within the meaning of CEQA Guidelines section 15378, such actions would be exempt from CEQA review under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, Section 15061(b)(3)).

SECTION 5. If any section, subsection, paragraph, sentence, clause, or phrase of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution.

SECTION 6. This Resolution shall take effect immediately upon its adoption by the City of Palm Springs.

PASSED AND ADOPTED by the Palm Springs City Council this _ day of , by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
SCOTT C. STILES

CITY MANAGER
ATTEST:

Item 1W - Page 6
30814.00100\40838593.1 3
___________________________________

BRENDA PREE, MMC

CITY CLERK
Item 1W - Page 7
Reference Owner Address APN Existing Use Surplus /Excess Acreage SF 1 City of Palm Springs Gene Autry Trail and Mission Drive 677‐540‐028; 677‐540‐036 Vacant Land EXCESS 5.60       243,936 2 City of Palm Springs
Southwest Corner of North Belardo Road and Belardo Road 513‐560‐048 Vacant Land EXCESS 0.45         19,602
3 City of Palm Springs N/L W. Chino Canyon Rd. & S/L Sanborn Way APN: 504‐150‐011 Through 504‐150‐055 Vacant Land EXCESS 31.40   1,367,784 4 City of Palm Springs
West of North Vista Grande Avenue between Tramway Road and W. Racuqet Club Road 504‐040‐046 Vacant Land EXCESS 41.60   1,812,096
5 Palm Springs Successor Agency 190 W. Sunny Dunes Rd. 513‐290‐013 Vacant Land EXCESS 0.16           6,970 6 City of Palm Springs
4 parcels on eastern half of block located at southwest corner of Ramon Road and Vella Road, north of Calle De Ricardo 680‐072‐012; 680‐072‐009;
680‐072‐006; 680‐072‐005 Vacant Land EXCESS 1.07         46,692 7 City of Palm Springs
4 parcels on eastern half of block located at southwest corner of Calle De Ricardo and Vella Road, north of Calle De Carlos 680‐073‐003; 680‐073‐004;
680‐073‐006; 680‐073‐005 Vacant Land EXCESS 0.93         40,589 8 City of Palm Springs 285 N. Indian Canyon Dr. 513‐091‐003 Vacant Land EXCESS 0.13           5,810 9 City of Palm Springs 223 S. Palm Canyon Dr. 513‐153‐017 Commercial Building EXCESS 0.02               949 10 City of Palm Springs 221 S. Palm Canyon Dr. 513‐153‐017 Commercial Building EXCESS 0.08           3,310 EXHIBIT A
Inventory List

Page 1 ends

Item 1W - Page
8 Reference Owner Address APN Existing Use Surplus /Excess Acreage SF 11 City of Palm Springs 211 S. Palm Canyon Dr. 513‐153‐017 Commercial Building EXCESS 0.06 2,685 12 City of Palm Springs 219 S. Palm Canyon Dr. 513‐153‐017 Commercial Building EXCESS 0.02 916 13 City of Palm Springs / Housing Successor
233 West Tramview Road 501‐401‐010 Vacant Land EXCESS 0.17 7,405 14 City of Palm Springs / Housing Successor El Dorado Boulevard (no address) 501‐401‐039 Vacant Land EXCESS 0.21 9,148 15 City of Palm Springs Rosa Parks Road (no address) 669‐353‐001 Vacant Land EXCESS 0.22 9,583

Page 2 ends

Item 1W - Page
9 CITY COUNCIL STAFF REPORT
11/09/2023
SUBJECT:

APPEAL OF BEATITUDE, LLC CONDITIONAL CANNABIS EXPIRATION CANNABIS PERMIT NO. C-2019-067
RECOMMENDATION:

City Council grant the appeal for the extension of the Permit (as defined below) and adopt Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF BEATITUDE, LLC FOR THE EXPIRATION OF CONDITIONAL CANNABIS PERMIT NO. C-2019-067” reflecting the granting of the extension without the payment of any penalty.

If any City Council member is inclined to deny the appeal, then this item must be placed on the agenda as an action item and the City Council must hold a public hearing.

Attachments
Item 1X

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 9, 2023 CONSENT CALENDAR
SUBJECT: APPEAL OF BEATITUDE, LLC CONDITIONAL CANNABIS EXPIRATION CANNABIS PERMIT NO. C-2019-067
FROM: Scott C. Stiles, City Manager
BY: Department of Special Program Compliance
City Attorney’s Office
SUMMARY:

The City Council will consider an appeal by Beatitude, LLC, a California Corporation (“Appellant”) seeking to extend the Cannabis Permit No. C-2019-067. This is an appeal of an expiration of the Conditional Cannabis Permit issued on January 5, 2021, and a request for a twelve-month extension of the Conditional Cannabis Permit. This request is made pursuant to Palm Springs Municipal Code (“PSMC”) § 5.55.080, the Permittee may appeal to City Council and request a second twelve-month extension, and by reference PSMC § 2.05, Beatitude, LLC timely appealed the City’s determination.

RECOMMENDATION:

City Council grant the appeal for the extension of the Permit (as defined below) and adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF BEATITUDE, LLC FOR THE EXPIRATION OF CONDITIONAL CANNABIS PERMIT NO. C-2019-067” reflecting the granting of the extension without the payment of any penalty.

If any City Council member is inclined to deny the appeal, then this item must be placed on the agenda as an action item and the City Council must hold a public hearing.

DEPARTMENT OF SPECIAL PROGRAM ACTION:

On July 25, 2023, the Department of Special Program Compliance (“DSPC”) sent a letter (ATTACHMENT B) to Beatitude, LLC “Beatitude”, managing member Arun Kurichety, advising that the Conditional Cannabis Permit (“Permit”) issued on January 1, 2022, expired. That same day, Vijay Rajagopal, on behalf of Beatitude reached out to DSPC and provided information and evidence of miscommunication received related to the expiration of the Conditional Permit (ATTACHMENT C). Upon review of the evidence submitted and consultation with the City Attorney, it was determined that despite the Item 1X - Page 1
City Council Staff Report
November 9, 2023 - Page 2
Beatitude Appeal
miscommunication received, Beatitude would need to request an extension of their Permit from City Council.

APPELLANT’S RESPONSE:

On October 11, 2023, Beatitude filed an appeal of the expiration (ATTACHMENT D), in accordance with PSMC § 2.05. The appeal is based on a miscommunication received from DSPC staff.

BACKGROUND:

On January 5, 2021, Beatitude was issued a Conditional Cannabis Permit for a cannabis Transportation and Distribution and Type N Manufacturing permit (ATTACHMENT E) at the proposed site of 771 S. Williams Road, Suite 777 in Palm Springs. On December 2021, prior to the stated expiration date appellant filed an Annual Cannabis Renewal form (ATTACHMENT F), this form is for operational businesses to renew their Annual Permit.

Beatitude was notified that the form was not necessary as the business was not operational and the renewal application and fee were returned. In January 2022 Beatitude mailed DSPC staff a letter (ATTACHMENT G) demonstrating the significant progress made on their business project and requested a twelve-month extension. The letter was not forwarded to the DSPC Director.

July 25, 2023, Permit Expiration:

On July 25, 2023, DSPC staff conducted an audit of Conditional Cannabis permits and issued letters to businesses with expired Conditional Permits. It was communicated to permit holders that they could appeal to City Council pursuant to PSMC §5.55.080 AdultUse Cannabis Permit Application Process and would require the Permittee to demonstrate substantial progress toward becoming operational. Additionally, if granted the Permittee could be required to pay a penalty determined by City Council and not to exceed ten thousand dollars ($10,000).

ANALYSIS:

PSMC § 5.55.080 requires that a Permittee must demonstrate measurable progress toward becoming operational and no unreasonable delay. Beatitude has provided evidence to support substantial progress, including but not limited to, securing a Conditional Use Permit for Type N manufacturing in February 2022. In December 2022 prior to the expiration of the Permit submitted a renewal application and paid the associated fees. DSPC staff communicated to Beatitude that the application was only for operational businesses and to submit a written request for an extension. On January 17, 2023, Beatitude submitted a letter to DSPC staff, the letter was not forwarded to the department’s Director for review.

Item 1X - Page 2
City Council Staff Report
November 9, 2023 - Page 3
Beatitude Appeal
CONCLUSION:

As explained above, an error by DSPC staff resulted in the expiration of the Permit. City staff believes the above demonstrates that Beatitude has made substantial progress in the completion of their proposed cannabis project for an additional permit extension pursuant to PSMC § 5.55.080. Pursuant to PSMC § 2.05.080, Beatitude, LLC (the appellant) has met the burden to establish why the Conditional Cannabis Permit should be granted an extension.

The Palm Springs Municipal Code mandates that Council decide upon this appeal within fifteen (15) days after the hearing; however, may extend its time for a decision for a period of up to ninety (90) days. (See PSMC § 2.05.100).

REVIEWED BY:

Department Director: Veronica Goedhart
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:

A. Resolution No. _____
B. Expiration Letter
C. 07/25/2023 Email
D. Appeal Form
E. Conditional Cannabis Permit C-2019-067
F. Renewal Application
G. 01/22/23 Letter Demonstrating Progress
Item 1X - Page 3
Item 1X - Page 4

ATTACHMENT A
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF

BEATITUDE, LLC EXPIRATION OF CONDITIONAL
CANNABIS PERMIT NO. C-2019-067

WHEREAS, Beatitude, LLC was issued Conditional Cannabis Permit No. C2019-067 pursuant to Palms Springs Municipal Code 5.55 on January 5, 2022.; and WHEREAS, Beatitude, LLC Conditional Cannabis Permit No. C-2019-067 expired on January 5,2022, and an additional twelve-month extension was requested requiring the approval of City Council and subject to a penalty of up to $10,000, Palm Springs Municipal Code 5.5.080; and
WHEREAS, Beatitude, LLC filed an appeal of the expiration of Conditional Cannabis Permit No. 2019-067 on October 11, 2023; and
WHEREAS, the City Council of the City of Palm Springs opened and conducted a duly noticed Appeal haring on November 9, 2023; and
WHEREAS, the City Council of the City Palm Springs was presented evidence that Beatitude, LLC has failed to demonstrate substantial progress to becoming operational has not identified unique factors that impeded the Beatitude, LLC from becoming operational; and
WHEREAS, the City Council of the City of Palm Springs has carefully reviewed and considered all the evidence presented in connection with said appeal on November 9, 2023; and

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY FIND, after due consideration given to the relevancy, weight, and credibility of testimony and evidence, and based upon a preponderance of the evidence in accordance with the City Council’s procedure, as follows:

SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference.

Item 1X - Page 5
Resolution No. _____

Page 2 ends

SECTION 2.

Beatitude, LLC has failed to provide substantial evidence of progress toward becoming operational and no unreasonable delay. Calibliss, LLC has failed to present evidence identifying unique factors that impeded them from becoming operational. The City Council upholds the expiration of Conditional Cannabis Permit No. C-2019-067 and the request by Calibliss, LLC for a twelve-month extension is denied.

Beatitude, LLC has presented substantial evidence of progress toward becoming operational and no unreasonable delay. The City Council grants a twelve-month extension pursuant to Palm Springs Municipal Code

5.55.080. Calibliss, LLC shall pay a penalty in the amount of $__________.

ADOPTED THIS ___TH DAY OF ________________, _________.

SCOTT STILES

CITY MANAGER
ATTEST:

BRENDA PREE

CITY CLERK
Item 1X - Page 6
•
•
Resolution No. _____

Page 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on July 24, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.

BRENDA PREE

CITY CLERK
Item 1X - Page 7
Item 1X - Page 8

ATTACHMENT B
Item 1X - Page 9
City of Palm Springs
Department of Special Program Compliance
425 North CMc ~ • Plum Sprincs, ulilomia 92262
Tel: 760.322-8382 • Fax: 7fl0.322.8317 • TDD 760.864.9527 • - .palnuprinpca.p VIA EMAIL & US CERTIFtED MAIL
July 25, 2023
Arun Kurichety
32 Executive Park, Suite 140
Irvine CA 92614
RE: Notice of Expiration-cannabis condltlonal Permit
Beatitude, LLC dba SMARTY PLANTS/ C-2019-067
Dear Arun Kurichety:

On December 4, 2019 City Council of the City of Palm Springs rcity"} adopted Ordinance No. 2005 amending the Patm Springs Municipal Code ("PSMC"} and Ordinance No. 2007 amending the Palm Springs Zoning Code changing local cannabis rules and regulations. The new Ordinances were effective January 4, 2020. The revisions included an expiration for Conditional Permits issued by the City as stated in PSMC 5.55.080 (A}:

Adult-Use Cannabis Permit ApplleatJon Process.

Conditional Cannabis Permits issued for Adult-Use Cannabis Activity at newty ccnstructed buildings shall expire twenty-four (24) months from the date of issuance if the Adult-Use Cannabis Business is not operational. Conditional Cannabis Permits is&Jed for Adult-Use Cannabis Activity at existing buildings shall expire twelve (12) months from issuance if the Adult-Use Cannabis Business is not operational. Permlttees who have Conditional cannabis Permits explr, shall be prohibited from applvlna for a Condltlonat Cannabis Peanlt or an Adult-list c«nnabls Permit for a period of twelve (12) months.

This letter is to inform you that your Conditional Permit issued on 1/5/21 and expired on 1/5122 You may reapply in twelve (12} months should you wish to proceed with your project. Your time to file an appeal to City Council to request an extension of your Conditional Cannabis Permit expired on 1/20/22.

If you have any questions determining how these changes impact your business please caU (760) 322- 8382 or email [email protected]
Sincerely,
crrv OF PALM SPRINGS
Veronica Goedhart, Director
Department of Special Program Compliance
cc: Flinn Fagg, Director, Developmental Services
Department of Cannabis Control Licensing Division
Post Office Box 2743 • Palm Springs, California 92263-2743 Item 1X - Page 10

ATTACHMENT C
Item 1X - Page 11
Veronica Goedhart
From:

Sent:

To:

Cc:

Subject:

Attachments:

Vijay Rajagopal <[email protected]>
Tuesday, July 25, 2023 10:57 AM
Veronica Goedhart
Janine Newbry; Arun Kurichety
Re: Notice of Expiration
Email No.1 - Cannabis Permit C-2019-067 Beatitude LLC.eml; Email No. 3 Cannabis Permit C-2019-067 Beatitude LLC.eml; Beatitude 2022 Palm Springs Renewal App {EXECUTION VERSION).pdf; Beatitude CUP Approval C-2019-067 OCP Review Findings 2022.01.13.pdf; Email No. 2 PS_ C-2019-077 Beatitude LLC issued refund.em! NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.

Dear Ms. Goedhart,
We write in response to your July 25, 2023 letter regarding the Notice of Expiration of Beatitude, LLC's Cannabis Conditional Permit, and our subsequent telephone discussion. We were surprised to receive the letter because we have been in constant communication with your office regarding our permit and were under the impression that our permit remained in good standing, as outlined below:

On March 29, 2021, we were informed that our permit was valid through 2/11/2022 (see attached Email No. 1). In December 2021, we filed a renewal application (see attached) and submitted payment for the renewal fee.

On January 13, 2022, the City approved Beatitude's Odor Control Mitigation Plan.

On February 23, 2022, Beatitude's CUP application was approved (see attached).

In March 2022, we received a refund check for the renewal fee (see attached Email No. 2). Mr. Milan explained that no renewal application or fee was necessary since Beatitude only had a conditional permit.

In December 2022/early January 2023, we reached out to Mr. Milan to ensure that we did not have to file a renewal application or anything else to keep the permit active. In early January 2023, Mr. Milan informed us that the permit had technically expired. We were not told the basis for the expiration but Mr. Milan said we could get it reinstated by providing a letter detailing our progress in obtaining the final permit.

Accordingly, on January 17, 2023, we sent such a letter to Mr. Milan (see attached Email No. 3). Despite multiple follow up emails and voicemails, we did not receive any response.

As you can see, we've been working diligently to comply with the City's requirements and have been in constant contact with your office throughout the entire process. Until we received your letter, we were under the impression that we had fulfilled all the requirements to maintain our permit in good standing. Indeed, our Odor Control Plan and CUP were approved by the City after our permit purportedly expired on Jan. 5, 2022. 1 Item 1X - Page 12
We hope this information clears up the matter. We stand ready to take any reasonable additional steps to ensure the good standing of the permit, and look forward to continue working with the City as we complete the last steps for the final permit. Please do not hesitate to reach out with any questions or next steps.

Sincerely,
Vijay Rajagopal
on behalf of Beatitude, LLC
From: Janine Newbry <[email protected]>
Date: Tue, Jul 25, 2023 at 7:05 AM
Subject: Notice of Expiration
To: [email protected] <[email protected]>
Good morning -
Please see attached notice.
arun kurichety he/ him

COO & GENERAL COUNSEL
617 905 9296 Weekly Menu I Brand Assets
Vijay J. Rajagopal
Kurichety Law, P.C.
217-390-2505
www.kurichetylaw.com
2 Item 1X - Page 13

ATTACHMENT D
Item 1X - Page 14
Appeal Form
Formulario de Apelaci6n
City of Palm Springs
Reserved for Filing Stamp

RECEIVED
OC T 1 1 2023
TEL (760) 323-8204 I FAX (760) 322-8332 OFFIC E OF THE CITY CLERK Beatitude, LLC

ADDRESS I OIRECO N
771 S. Williams Road, Suite 777 (permit location)
46 Corporate Park, Suite 120, Irvine, CA 92606 (mailing address for notices)

CITY I CIUOAO ST A TE/ EST ADO ZIP / C DIGO
POSTAL
Palm Springs CA 92264
[email protected]

PHONE/ TELEFONO
617-905-9296

FAX/EL FAX
N/A
The date the decision being appealed was rendered/ e application or project was entitled I La aplicad6n o La fecha en que se emitio la dedsi6n que seem\ apelando: royecto ten(a derecho:

July 25, 2023 Conditional Cannabis Permit
SPEOFY THE BASIS FOR THE APPEAL IN DETAIL (YOU MAY USE AS MANY ADOmONAL SHEET'S AS NECESSARY) I

ESPECIFIQUE LA BASE PARA LA MEOIOA EN DETALLE (PUEDE UTIUZAR TANTAS HOJAS ADIOONALES COMO SEA NECESARIO):

Please see attached

FOR STAFF USE ONLY
0 Appeal to Gty Council • Appeal to Administrative Appeal Board This completed form must be sent to:

City of Palm Springs Office of the City Clerk
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
Item 1X - Page 15

ATTACHMENT TO BEATITUDE, LLC'S
APPEAL Cf EXPIRADQN PE CONDITIONAL CANNABIS PERMIT
on July 25, 2023, Appellant received a Notice of Expiration of Cannabis Conditional Permit (the -"Notice of Explratlon11, attached hereto as Exhibit A} from the Palm Springs Department of Specfal Program Compliance (the "Departmenf'). which stated that Appellant's Condltfonal Cannabis Pennit (the 0 Parmlt") had expired on
January 5, ·2022. Appellant hereby submits this appeal to that decision based on the following facts and circumstances:

A. Baokground
Prior-to receMng ·the ·Notice of Expiration, Appellant at all times believed -that its Pennit was valid because Appellant had been In constant communication with the Department and believed that the Permit remained in good standing, as ouUined below:
.. On March 29, 2021, after a change of ownership in the Appellant-was effected, the Department Informed Appellant that its permit was valid through February 11, 2022 (see attached E><hjbit B)
• In December 2021, prior to the stated expiration date of February 11, 2022, Appellant filed a renewal application (see attached Exhjbjt C) and submitted payment for the renewal fee (the "2022 Renewal FeeD} for the Pennit • On January 13, 2022, the -Cify approved Appellant's Odor Control Mitigation Plan (see attached E>chibit D)
• On February 23, 2022, Appellanfs Conditional Use Permit ( 111CUP') application was
approved (see attached Exhjbit El
• In March 2022, Appellant received a refund check for the 2022 Renewal Fee (see attached Exhjbit F). ·Mr. ·Michael Milan from -the Department Informed Mr. Arun Kuri~hety. Appellant's Chief Operating Officer, via telephone that no renewal application or fee was necessary since Appellant only had a conditfonal permit • In December 2022/eatly January 2023, Appellant reached out to Mr. MIian to ensure that no renewal application or anything else was neoessasy keep the permit active for another year
• In ear1y January 2023, Mr. Milan informed Mr. Kurichety via telephone that the Permit had technlcally expired. Mr. Kurichety ·was not -told the basis for the expiration but Mr. Milan said it could be reinstated by providing a letter detailing Appellant's progress Jn obtaining the final Annual Cannabis Permit • On January 17, 2023, in accordance with Mr. Milan's instruction, Appellant sent such a letter to Mr. Milan (see attached Exhjbit G). Despite multiple follow up emails and voicemails, Appellant did not receive any response to its letter • On July 25, 2023, Appellant received the Notice of Expiration, which stated without explanation that the Permit had expired on January 5, '2022. The Notice of Expiration was contradictory to the Department's previously-mentioned statement that the Permit was valfd until February 11, 2022, and further did not take into Item 1X - Page 16
account Appellant providing a timely fetter in accordance with Mr. Milan's instructions
As denwnstratad by the foregoing, Appellant ha& at all times been working dUlgentty to comply with the City's requirements and has been in constant contact with the Department throughout the entire· process. Untn Appellant received the Notice of Expiration, It was under the lmpresston that It was in compllance with all the requirements necessasy to maintain its Permit in good standing. Indeed, Appellant's Odor Control Plan and CUP were approved by the City after the Permit pu,portedly expired on Jan. 51 2022.

Accordingly, upon receipt of the Notioe of Expiration, Appellant provided the foregoing information to the Department and asked for reinstatement of the Pennit. Ms. Veronica Goedhart from the Department Informed Appellant that the City Attorney and the Department agreed that en extension to the Permit should be provided, but instructed Appellant to fife this appeal because the Department did not have the authority to adminismttively extend the Permit (see attached Ekhibit H>.

B. Tlmelln• for Completlon of Permitting Prooess
Since Appellant's January 17, 2023 letter to Mr. Milan. despite the current very difficult capital environment In -the industry, Appellant has made significant progress in securing the necessary financing and resources to take the final steps In obtaining Its Annual cannabis Pennit. Appelfant Is In the late stages of ctoslng a financing round with sufficient money earmarked for -the remaining required items. The expected date of closing for the financing is mid-November, at which time Appellant will proceed with the final build-out and Building and safety requirements. Appellant has decided to abandon its manufacturing permit. so -it hereby submits an updated building plan providing for distribution operations only (see attached Exhibit I). This will also make the final steps quicker and fess cosUy. thus moving the tlmellne for the commencement of operations forward.

For the foregoing reasons, Appellant requests that the City Council reinstate Hs Permit (solely as to dfstnbutlon). Appellant believes that an extension to JuJy 31, 2024 would allow sufficient time·to QOmplete the final steps for its Annual Cannabis Permit.

Appellant appreciates the consideration of the City Council and rooks forward to .continuing .working.cooperatively .with the City in opening and .operating tts business. 2 Item 1X - Page 17

ATTACHMENT E
Item 1X - Page 18
Application Case No.: C- 2019-067

CITY OF PALM SPRINGS

CANNABIS RELATED BUSINESSES AND ACTIVITIES CONDITIONAL PERMIT 3200 E TAHQUITZ CANYON WAY, PALM SPRINGS, CALIFORNIA 92262 (760) 322-8382 THIS PERMIT CERTIFIES THAT: BEATITUDE, LLC
dba SMARTY PLANTS
Project Address: 771 S Williams Road, Suite 777 Palm Springs, California 92264 Owner Name: Beatitude, LLC, a California I Phone: (617) 905-9296 Limited Liability Corporation
Has been granted a CONDITIONAL REGULA TORY PERMIT to conduct the following business/es under City Ordinance No. 2005, otherwise known as the CANNABIS RELATED AND BUSINESSES AND ACTIVITIES ORDINANCE of the City of Palm Springs, subject to the provisions of other pertinent laws, ordinances and related administrative regulations.

THIS PERMIT DOES NOT AUTHORIZE THE HOLDER TO COMMENCE OPERATIONS. • 5.55.095 Dispensary • 5.55.096 Cultivation
• Type 1 Specialty Outdoor
~ 5.55.097 Manufacturing
D Volatile (Type 7)
D Non-Volatile (Type 6) • Type 1A Specialty Indoor
~ Non-Volatile Infusions (Type N) • Type 18 Specialty Mixed Light D Non-Volatile Packaging and Labeling (Type P) • 5.55.098 Testing Facility • Type 2 Small Outdoor
• Type 2A Small Indoor
~ 5.55.099 Transportation and Distribution
• Type 3 Outdoor
• Type 3A Indoor
• Type 38 Mixed Light
• Type4 Nursery
Description: Adult-Use Cannabis Transportation/Distribution facility.

CONDITIONS: Permit does not allow the permit holder to commence cannabis related business operations.

Permit does not reflect the issuance or guarantee the issuance of any building permit(s) or business license. -
Permit holder must obtain all necessary State and Local approvals prior to commencement of cannabis related business operations. Failure to comply with these conditions will result in immediate revocation of regulatory permit.

Approved for and by the authority of the City Manager of the City of Palm Springs, this E:,..;\-1 day of .};.~ + , 2021.

DA TE OF ISSUANCE: __ o__._, lf (Jo _-,----/2_0_2_1
DATE OF EXPIRATION: 0 \/ C:/:j /2022 ------
By:

Item 1X - Page 19

ATTACHMENT F
.........

Item 1X - Page 20
Application No.:

CITY OF PALM SPRINGS Received:

Application to Renew
Cannabis Related Business and Activities Permit
lnstryctJona to tha Appljcant: The information you provide in this application will be used to determine your eligibility to renew your cannabis permit. • It is your responsibility to complete this form, provide all required information, and cooperate with all required field investigations.
• If you are filling out a printed copy of this form, neatly print in blue or black ink. • You must respond to all items and questions. If a question does not apply to you, write kN/A" (not applicable) in the space provided for your response • If you need more space for any response, attach additional sheets and identify the additional information by the question number.
• The Certifications, Assurance and Warranties of this form require notarized signatures. • The City may ask for additional information in order to process your renewal application. • A physical site re-inspection by the Palm Springs Police Department will be required as part of the renewal process The City may request additional security measures as part of the renewal process.
• Attach documents to evidence good standing with California Secretary of State. • Attach insurance declaration page to evidence current coverage • Renewals to licenses are only valid for the one year; licenses must be renewed annually.

Beoawal Appflcatlon Fee: Please include a certified check, cashier's check or money order for the application fee made payable to the City of Palm Springs. Application Fees are nonrefundable.

Annual Renewal Application fees:
• Renewal Application (due at time of filing renewal apprteation) • Background fee if adding owner(s) or operator(s)
• Site lnspection(s) (if needed)
• Extra Services (if needed}
Disqualification
$ 4,328
$ 261 (per person)
At Cost
At Cost
Deliberate misstatements or omissions can and often will result in your application being rejected, regardless of the nature or reason for the misstatements/omissions.

07.2021
You are responsible for providing complete, accurate, and truthful responses.

Cannabrs Related Busmess and AdMtles Renewal Apphcat>on

Page 1 ends

Item 1X - Page 21
section 1 -'Jdfntifying Jnfpnnatiqn (to be cqmprated by all applicants) a. Corporate·Name / Business Owner·Name
Beatitude, LLC
b. ·ooing Business As• Name
NIA
C. Business structure (check only one) d. LICENSE TYPE: (Check all that apply):. • Corporation (or foreign corporation) l!I Limited Liability Company (LLC) D Dispensary • -Lounge
• Cultivation, Type: • Sole Proprietorship • Limited Partnership Canopy Size:

D General Partnership • Limited liability Partnership ·I!) Dfstributlon D Other (specify) f! Manufacturing Type: N
• Testina
e. State Cannabis Ucense Number f. State Ucense Type g. Stats Tax ID C11-0O01214-UC Dlstributar Ucense NIA
CDPH-10004217 fype N Manufacturing
h. BOE Sellars·Number L Palm Springs Permit'Number j. Federal Tax ID C-2019-067 83-1748294
231728203-00001
k. .Business.Owner Name and Name of. Business Entity is an entity is-owner or.partial 1. .Business-Owner Driver's Ucense # I State owner
Smarty Plants. LLC (Ryan Gc?dstefn.33%; Arun Kurlchet,-33%; Jason Vegotsky-33%) • 80%; Armen or Passport If no Driver's License Gregarian -20% See attached
m. Business PhysJcaf Site Address (Street number and name,·city. state, zfp code) 771 s. ·Williams Road, Sufte m, Palm Springs, CA 92264
n. Business Mafflng Address (ff different than physical address - street number and name. cfty, state, zip code) 18012 Cawan Ave •• Suite 200, lmne. CA 92614
o. Business Phone Number p. Business OWner Contact Phone Number 617-9~9296 617-905-9286
q. Business Email r. Business Owner Contact Email
[email protected] [email protected]
s.. Business Web Site address
NIA
l ~lJ the ownet also hai& ~Y finblltral fntei'eSt in any Of 1h& fOlkrMng cannabi!l bU!I~ in any other jurisdictio-ns (check au lhat appry}: -N/A
• Manufacturing • Testing Lab D Microbusiness D Event Organizer • Cultivation D Distribution D Another retail business
u. If you checkec:I any boxes in rme T please provide the business name. Attach additional sheels'forall businesses as necessary.

NIA
"· If you.checked any boxes Int· please provide the business physical site address (fncl. City, state, zip). Attach additional sheets for aD businesses as neoessmy.

NIA
w. If you checked any bi»Xes in T p1ease provide the State cannabis business license number. Attach additional sheets for all businesses as necessary.

N/A

07.2021 Cannabis Related Business and Activities Renewal Application Page2
Item 1X - Page 22
x. Are there any changes to your approved site plan? "CJ No IX) Yes If yes, describe the changes and submit revised site plan I premise map.

Interior. partHion .to be built in first room .upon entry of. premises separating .common Area (Room 01) and Distribution activities (Room 02 - Finished Product Storage). Rooms 03, 06, 06, 07 designated for Manufacturing activities.
y. Are there any changes to your app.wed Operations and Security Plan? Iii No • Yes If yes, describe the changes and submit the changes.

07.2021 Cannabis Related Business and Activities Renewal Application Paeea
Item 1X - Page 23
LIST OF ALL EMPLOVESS PRESENlt Y·EMPLOYED BY THE CANNABIS BUSINESS, (Attach additionalsheets if necessary~) NIA Name Date of Birth: lltle
NIA
Name Date of Birth: TIUe
Name DataofBlr1h: 1iUe
Name Dato of Blrth: Tdte
Name Date of Birth: • lllfe
Name Dato of Birth: lltfe
-Name Dai&OfBIM! Title
Name Date of Birth: TIUu
D __ Additional sheets attached.

LIST ANY OFFFICERS, DIRECTORS, SOARD MEMBERS. STOCKHOLDERS. LIMITED PARTNERS OR LLC MEMBERS OF THE BUSINESS WHO HAVE A FINANCIAL INlEREST IN THIS RETAIL CANNABIS BUS1NESS, AND THEIR PERCENTAGE OF OWNERSHIP OR FINANCIAL INTEREST. (MUST TOTAL 100%. Attach addftlonat sheets If necessary.) Name Driver's Ucense • I state contad Email Address
NIA (see page 2 and attached for owner info
Name
Name
Name
Name
Name
Name
D __ Additional sheets attached.

07.2021
Drive.r's Ucense # I State Contac:t Eman Address
Driver's Ucense #/State Contact Email Address
Driver"s Ucense11 I State Contact Email Address
Driver's Ucense # / S1ate Cclntact Email Address
Drivefs Ucensel# / State Canted Email Address
Drivef8 license # I State Contad EmallAddress
TOTAL OF ALL PERCENTAGES:

Cannabis Related Business and Activities Renewal Application Page4
% Interest
'6 Jntesest
%fnte,eat
%Interest
%Jnterest
%fnterest
%Interest
%Total
Item 1X - Page 24
FORANYONEWH0·1s USTEDABOVETHATHASi6.·RNANCIAL INTEREST IN THIS'CANNABIS'SUSINESS,·PLEASE·toENTIFY IF THEY HAVE A FINANCIAL INTEREST IN ANY OTHER CANNABIS BUSINESS. IDENTIFY THE PERSON, THE TYPE OF CANNABIS BUSINESS, THE NAME OP THE BUSINESS, THE PHYSICAL SITE ADDRESS OF 11-IE BUSINESS AND THE STAlE CANNABIS BUSINESS LICENSE NUMBER. (Attaeh additional shee19, if necessary)
Name at Person (1) Typeaf Cannabfs Business state Ucenso Number NIA
Nameof Cennabl&Buslness (1) CannabJs Business Physical Site Address City, state, Zlp Name of Person (2) Type of Cannabis Business State Ucense Number Name of Cannabia Busfness (2) Cannatila Business Phys1cal Site Address City, state, Zip Name of Person (3) Type of Cannabis Business Sta1e License Number Name of Cannabis Busmess (3) Cannabis Business Physical Site Address City, State. Zip .

Name of Person (4) Type of Cannabis Buslness Stale UcenseNumber Name of cannabiS Bush\e$S (4) cannabta Business Physlcal Site Address City, State, Zip Name of Person (5) Type of Cennabla Business State Ucense Number Name of cannabis Business (5) Cannabis Business Physlcal Site Address City, State, Zip D __ Additional sheets attached.

I .certify that I am not awa,e of any violations of any provision of the Palm Springs Municipal Code or Callfomia Slate law related to operation of this commercial· cannabis business. bated:

07.2021
Print Name:

Signature of Applicant
cannabis Related Business and Activities Renewal Application Pagel
Item 1X - Page 25
spcffgo 2 - P1rflftcat19nsfApvr1osn sad w,cranffes (to bp ggmpletad by 111 applJqants) a. WAIVER AND RSI.EASE OP LIABILITY AND AGREEMENT TO INDEMNIFY CITY OP PALM SPRINGS The applicant and art ownera and operators hereby waive and release the City of Palm Springs from any and all liability for monetary damages related to or ari&ing flvm the application for a renewal license, any pre-licensure background investtHation, the issuance of a renewal license. orlhe enfon:iement of the mnditions of the license. The undersigned mrtffies lhat under no circumstances shall the undemigned file any cause of action for monetary damages against the City of Palm Springs, the licensing official or any City employee as a result of this appt"ication to renew a license, or isauance of a renewal Hcense, or enforcement of the conditions of the llcense. b. Release of City or Palm 811rinss from Uabillf¥ ta Uaensa Applicant and Uoenseo By applylng for a renewal, the applfcant/licensee, ownem and operators, and each of them, waiVe and release the City of Palm Spdngs, and its elected officials, employees, agents, insurers and attorneys, and each of them, from any liability for Injuries, damages, oosts and expenses of any nature whatsoever that tvsult or refate to the investigation, anvsl or prosecution of business owners, operators, employees, dients or customers of the apptfcant/tfcensee for a violation of state or federal taws, rules or regulations relating to cann.abis, lnctudfrig tiut not limtted to any background Investigation essocia1ed with licensfng detenninatfans. c. Agreement to Indemnify City of Palm Sprinp
By applying for a renewal puruuant ta the City of Pafm Springs cannabis program and by acceptins a renewal license mxn Iha City of Palm Springs, the appticantmcensee. owners and operators, and each af them, jointly and severally if mare than one, agree to indemnify, defend snd hold harmless the City of Palm Springs, and its elected officials, employees, agents. insure,s and attorneys, and each of them. against all liability, claims and demands, of any nature whatsoever, including, but not lfmited to, those arising from bodily injury, sfckness, disease. death, property loss and prope11Y damage, arising cut of or in any manner related to the operation of the cannabis business that is the subject of the ricense. d. The unde,signed cerlffies that any p,oposed new cannabis business manager and/or pnyone pR1posed to obtain an ownership interest in the business referenced herein represents and certifies they have submitted to a Live Scan background check no earlier than 30 days prior to the date of this app!lcation.
e. The applicant ,epre&enta and certifies that they QOntinue to hold in good standing any license required by the State of ~alifomfa for cannabis business operations.
f. Tha appllca!1t understands that operators, employees and members of the cannabis business may be subject to prosecution under federal laws.
g. The person whose signature appears below is authorized ta sign this application on behalf of the business and an owne,s and operators of the business and has submitted this Information and all attachments to renew a PaJm Springs cannabis llcense.

AfRRMATIONAND CONSENT
Under penafly of peguiy, thereby dedare that the lnfonnation contained wilhln and submitted wlth tho ap11ff:ation is complete, true, and accurate. t understand that a mlsrepresentatfon of fact la cause forrejectlon of this appllcation. dental of a 6cense, or revocation of a llcense issued.

APPLICANT SIGNATURE PRINTEDNAMSANDTJTLE
A notary publlc or other officer completing this certificate verifies only the identity of lhe Individual who signed -the document to which this celtificate is attached. and not the 1ruthfulness, accuracy, orvalld"rty of that document County of ___________ _
DAlE
On _________ , before me, ______________ fmsertname and title offheofficer), personally appeared _________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) •is/are subscribed to 1he within ·instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed·the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of catlfomla that the foregoing paragraph is true and conecl WITNESS my hand and official seal.
.(Seal)

07.2021
S~nature: ____________ _
Cannabis Related Suslnesa and ActMtlas Renewal ApplfcatJon Pagel
Item 1X - Page 26
BEA'fn ODE, LLC
Ownership
Smarty Plants, LLC owns 80% ofBeatituae, LLC
• Ryan Goldstein, Arun Kuriehety and Jason Vegotsky each own 1/3 of Smarty Plants, LLC
Annen Gregorian owns 20% of Beatitude, LLC
Owner Driver's Lieense and Email Information
Ryan ·Goldstein-334 729 ·St4 (New York); [email protected] Armen Gregorian-A5084246 (CA); [email protected]
Arun Kurichety- F3·684-S93 (CA); [email protected]
Jason Vegotsky-Y6983383 (CA); [email protected]
Item 1X - Page 27

ATTACHMENT G
Item 1X - Page 28
Michael,
Arun Kurichety
Re: Cannabis Permit C-2019-067 Beatitude LLC
Jan 19, 2023 at 11 :20:27 AM
Michael Milan
Vijay Rajagopal • •
I tried calling your office yesterday but seems like your voicemail is full... I just wanted to follow up on my email to see if you required anything further from us. Let us know as we are getting closer to selecting our contractor. Thanks! Best,
Arun
Sent from my iPhone
On Jan 17, 2023, at 10:14 AM, Arun Kuric hety <[email protected]> wrote:

Michael,
We write with respect to the above-referenced Cannabis Related Businesses and Activities Conditional Permit for Transportation (Type 11) and Distribution and Manufacturing (Type N), which your office recently informed us may have lapsed. We currently estimate that our operations will commence around June 2023. We thus respectfully request a 12-month ex1ension of our permit to allow for the financing and construction of our facility and to procure all necessary State and local approvals to formally commence operations.

We assure your office that we are and have been working diligently to commence operations as soon as possible. We have already completed a conditional use permit and building inspection and received final approval for our plans. We're also identifying, negotiating and working with contractors to complete the final build-out, which requires us to raise an additional sum of approximately $20,000. Discussions with investors and partners to raise this amount are in the advanced stages, and we expect to acquire the funds soon.

As of today, we are approximately 80% of the way towards commencing operations.

Based upon our current projections regarding procuring the required financing and identifying and engaging the necessary contractors, we expect to be operational around June 2023.

Item 1X - Page 29
For the foregoing reasons, we request a 12-month extension of our permit.

Please do not hesitate to reach out with any questions or to request more information. We look forward to continuing working with you and the City to get the business operational as soon as possible.

Thank you,
Arun Kurichety
Arun Kurichety/Kurichety Law PC
617.905.9296

CITY COUNCIL STAFF REPORT
11/09/2023
SUBJECT:

ACCEPT THE DONATION OF THE RED DRAGON ART PIECE IN THE OLD LAS

PALMAS NEIGHBORHOOD
RECOMMENDATION:

Accept donation of the public art piece “Red Dragon” by Delos Van Earl on the West Chino Drive median, west of Belardo Road and east of North Cahuilla Road.

Attachments
Item 1Y

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 9, 2023 CONSENT CALENDAR
SUBJECT: ACCEPT THE DONATION OF THE RED DRAGON ART PIECE IN THE

OLD LAS PALMAS NEIGHBORHOOD
FROM: Scott C. Stiles, City Manager
BY: Community & Economic Development Department
SUMMARY:

The Public Arts Commission is requesting the City Council approve funding in the amount of $5,000 as a Community Grant to assist with installation of the Red Dragon (Artwork) art piece by Delos Van Earl (Artist). The total cost to purchase and install the Artwork is $25,000. The Old Las Palmas Neighborhood Organization (OLPNO) will provide the additional $20,000. The proposed location for the Artwork is the West Chino Drive median, west of Belardo Road and east of North Cahuilla Road.

RECOMMENDATION:

Accept donation of the public art piece “Red Dragon” by Delos Van Earl on the West Chino Drive median, west of Belardo Road and east of North Cahuilla Road.

BACKGROUND:

At their meeting of January 18, 2023, the City’s Public Arts Commission voted unanimously to request the City Council approve a Community Grant for the OLPNO in the amount of $5,000 to help with the purchase and installation the artwork Red Dragon by artist Delos Van Earl (depicted in Image 1 below, superimposed at the proposed location on West Vista Chino).

On March 23, 2023, the City Council approved a Public Art Community Grant to the OLPNO in the amount of $5,000 for the Red Dragon artwork by artist Delos Van Earl on the West Chino Drive median, west of Belardo Road and east of North Cahuilla Road.

At the October 18, 2023, Public Arts Commission meeting, the Public Arts Commission approved a motion to accept the donation of the Artwork “Red Dragon” by Delos Van Earl, from the OLPNO.

Item 1Y - Page 1
City Council Staff Report
November 9, 2023 -- Page 2
Red Dragon Public Art Donation
STAFF ANALYSIS:

After receiving approvals for funding and placement of the Artwork, the OLPNO submitted a proposal in September to donate the Artwork to the City (Attachment A). The Artwork is depicted in Image 1 below:

Image 1
Red Dragon
The Public Arts Commission unanimously approved the donation of the Artwork at its October 18, 2023, meeting. The Artwork will be made of steel and painted with sign painter’s enamel to give the piece a long-lasting surface life. This can also be easily repainted when needed.

Item 1Y - Page 2
City Council Staff Report
November 9, 2023 -- Page 3
Red Dragon Public Art Donation
The proposed location for the Artwork is the West Chino Drive median, west of Belardo Road and east of North Cahuilla Road as shown below in Image 2.

Image 2
Proposed Location

Approval of this action would allocate $5,000 of Public Art funds for a Community Grant to assist with installation of the Red Dragon Artwork. OLPNO paid $20,000 to cover the total cost of the Artwork. As noted above, the City approved using $5,000 from the Public Arts Fund to pay for installation of the Artwork.

The Artist, Delos Van Earl, moved to the Coachella Valley in 1987 and subsequently opened a studio in Yucca Valley where he creates large scale sculptures and paintings.

He received his Bachelor of Art at California State University, Chico before attending Mills College in Oakland for his Master’s in Fine Art. Locally, he is recognized by many for “Jungle Red” and “Orange Twist”, both located in Palm Springs. He has community pieces in almost 50 corporate and public collections.

Item 1Y - Page 3
City Council Staff Report
November 9, 2023 -- Page 4
Red Dragon Public Art Donation
ENVIRONMENTAL ASSESSMENT:

The recommended action is not a “project” for purposes of the California Environmental Quality Act (CEQA), as that term is defined by CEQA guidelines (Guidelines) section 15378.

ALIGNMENT WITH STRATEGIC PLANNING:

Section 2.24.050 of the Palm Springs Municipal Code requires the Public Arts Commission to, “Be responsible for a Palm Springs public arts program including policies and guidelines, oversight of development of art projects and maintenance of art collection.”
FISCAL IMPACT:

There is no impact to the General Fund as a result of accepting donation of the Artwork.

REVIEWED BY:

Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Proposed Artwork Donation
Item 1Y - Page 4

ATTACHMENT A
Item 1Y - Page 5
Item 1Y - Page 6
Proposed Artwork Donation
Donor:

Recipient:

Artist:

Artwork:

Install Location:

Old Las Palmas Neighborhood Organization
P. O. Box 2658
Palm Springs, CA 92263
(760) 841-4538
www.olpno.org
City of Palm Springs
3200 E. Tahquitz Way
Palm Springs, CA 92262
(760) 323-8299
Delos Van Earl
55666 Yucca Trail
Yucca Valley, CA 92284
(760) 333-2271
www.delosvanearlstudios.com
Red Dragon
West Chino Drive median between Belardo Rd. and Cahullla Rd.

Palm Springs, CA
Application procedure requirements outlined in the City of Palm Springs Public Arts Program Application for Donation of Artwork are answered on page three of the packet.

Item 1Y - Page 7
Application for Donation of Artwork
Proposed Artwork
Proposed Donation: Red Dragon
Donor's Name: Old Las Palmas Neighborhood Organization
Donor's Address: P.O. Box 2658 Palm Springs, CA 92263
Donor's Phone: (916)921-9539
Artist: Delos Van Earl
Donor's Email: [email protected]
Artist Address: 55666 Yucca Trail, Yucca Valley, CA 92284 Artist's Phone: (760)333-2271
Title of Artwork: Red Dragon
Media: Sculpture
Artist's Email: [email protected]
Description of Artwork: Large metal outdoor sculpture painted red. The sculpture's shape is inspired by a dragon's head emerging from the ground.

Approximate Weight: 550 lbs.

Approximate Cost: $25,000
Location of Identification Plaque: TBD
Description of Foundation: Concrete
Dimensions: Approximately 10'x6'x5'
Proposed Date of Delivery: October 2023
Proposed Date of Installation: October 2023, Artist will install.

Proposed Landscape Plans or Requirements: NA
Special Handling or Installation Requirements Unique to This Artwork: NA artist will install.

Identify Maintenance and Conservation Requirements Necessary for This Artwork: Normal maintenance.

Item 1Y - Page 8
Application Procedures
The prospective donor shall submit, to the Director of Community and Economic Development, the following information as part of the Donation of Artwork Application:
-Sketches, photographs or other documentation of sufficient descriptive clarity to indicate the nature of the proposed artwork, to be donated.

Attached you will see the artist's rendition of the proposed sculpture Red Dragon. -Additional samples of artist's work other than the proposed donation.

Attached are three photos of additional artworks by the artist Delos Van Earl including Seeker 10 (displayed on El Paseo, Palm Desert), Rubin Rabbit and Tweety Bird (the last two from his Creature Series
-Background information about the Artist who created the proposed donation.

A copy of the resume for Mr. Delos Van Earl is attached. Also attached is an article about Mr. Van Earl from Art Patron Magazine Spring 2019 issue.
-An appraisal or other evidence of the value of the proposed artwork, including acquisition and installation costs, if available.

The purchase agreement attached states the artwork is worth $20,000 with installation, transportation and sales tax bringing the total to $25,000.
-Provide a description of maintenance procedures to maintain first class appearance and permanence of the artwork.

The attached purchase agreement states "The sculpture will be painted with sign painter's enamel to give the piece a long lasting surface life and also a surface that can be easily repainted when it is needed. Maintenance would involve washing it twice a year to remove surface dirt and waxing it to rejuvenate the painted surface and to provide protection from the elements. -8" X 10" photographs, 35 mm slides, digital pdf or jpg formats, graphics, or illustrations depicting several views of the artwork.

The rendering referenced above gives an 8 >< 10 illustration of the sculpture. -Provide evidence that (i) the Art is original: (ii) at the time of transfer hereunder, Donor is the sole owner of the Art and of all rights it possesses therein including copyright, trademark, and other proprietary rights: (iii) Donor has and will have full and sufficient right to assign all rights granted herein and to waive all rights relinquished herein:(iv) Donor is not under any obligation to transfer or sell any of the Art to any third party: (v) the Art has not been and will not be published under circumstances which have or will cause a loss of any copyright, trademark, or other proprietary rights therein: and (vi) the Art does not and will not infringe any patent, copyright, trademark, or other proprietary rights, privacy rights, or other rights of any third party, nor has any claim (whether or not embodied in a legal action, past or present) of such infringement been threatened or asserted, nor is such a claim pending, against Donor (or, insofar as Donor is aware, against any entity from which Donor has obtained any rights) The copy of the purchase agreement should address these issues.

Item 1Y - Page 9 -r(2-~ r"<>S G-.D 'lD~E-
Item 1Y - Page 10
OOCI.ISlgn Envelope ID: A231257D-8D86-481A-92B8-FC1DFB3C9A3C J
55S75.J8110\41305993.I
Exhibit "A"
Encroachment Area
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Item 1Y - Page 11
Item 1Y - Page 12
Item 1Y - Page 13 , wt:~, y r31 f2. C)
Item 1Y - Page 14

DELOS VAN EARL

EDUCATION
MFA, Mills College, Oakland, California BA, California State University, Chico, California

SOLO EXHIBITIONS
2022 Commission Schedule Only
2021 Commission Schedule Only
2020 Commission Schedule Only
2019 Commission Schedule Only
2018 Commission Schedule Only
2017 Commission Schedule Only 2016 "Meridians", Ramey Fine Art, Palm Desert, California "White Rabbit', Sense Fine Art, Menlo Park
2015 "Zenith", Ramey Fine Art, Palm Desert, California
2014 "Meridian Bronzes", Sense Fine Art, Menlo Park, California 2013 Premiere of Meridian Series, Palm Springs Fine Art Fair, Hamamjian Modern, Palm Springs, California
2012 "Viscus Paintings", Howard Hughes Medical Institute, Chevy Chase, Maryland "Viscus Paintings", Janelia Farms Research Campus, Ashburn, Virginia 2010 "Viscus 3.0 "The Glassworksn, Gail Severn Gallery, Sun Valley, Idaho "Viscus 3.0" The Glassworks, Ramey Fine Art, Palm Desert, California 2009 "Viscus 3.0", The Edge Gallery, Santa Fe, New Mexico "Viscus" Glassworks", Sense Fine Art, Menlo Par1<, California 2008 "Current Perspective", Gail Severn Gallery, Sun Valley, Idaho 2007 "Viscus 2.0", Sense Fine Art, Menlo Par1<, California "Southern Exposure", Jillian Glowinke Fine Art, Corona det Mar, California "Viscus Paintings/ Luna Sculpture", Eleonore Austerer Gallery, Palm Desert, California 2006 "Viscus 2006", Sense Fine Art, Menlo Par1<, California "Everything Matters", Viscus Paintings and Luna Sculpture, Gail Severn Gallery, Sun Valley, Idaho
"New Bronzes", Gallery Bienvenu, New Or1eans, Louisiana 2005 "The Viscus Paintings", Sense Fine Art, Menlo Par1<, California "Nazca and Phoenix", Hayes George Gallery, Char1otte, North Carolina "The Viscus Paintings", Argazzi Gallery, Lakeview, Connecticut.

New Wor1< From Phoenix, Terra & Nazca Series, Eleonore Austerer Gallery, Palm Desert, California
"The Phoenix Series", Susan Street Gallery, Solana Beach, California 2004 "Viscus Premiere", Sense Fine Art, Menlo Park, California "Phoenix Premier", Gail Severn Gallery, Sun Valley, Idaho 2003 "Steel Resolve", Susan Street Gallery, Solana Beach, California "Earthbound", Sense Fine Art, Menlo Par1<, California
"Steel Resolutions", Gail Severn Gallery, Sun Valley, Idaho Palm Springs International Art Fair, Palm Springs, California Tre Contemporary Gallery, Palm Desert, California
2002 Tercera Gallery, San Francisco, California
Item 1Y - Page 15
SOLO EXHIBITIONS, cont.
2002 Boritzer/Gray/Hamano Gallery, Santa Monica, California "No Boundaries", Gallery Btu, Palm Desert, California
2001 Chiaroscuro Gallery, Scottsdale, Arizona
Gail Severn Gallery, Sun Valley, Idaho
Todd Madigan Art Gallery, CSUB, Bakersfield, California "Night and Day", Gallery Blu, Palm Desert, California
"Steel Radius", Boritzer/Gray/Hamano Gallery, Santa Monica, California 2000 "Vestiges", Gail Severn Gallery, Sun Valley, Idaho "Red at Blu", one-person show, Gallery Blu, Palm Desert, California 1999 "lmperfecr, Boritzer/Gray/Hamano Gallery, Santa Monica, California One-person show, Gallery Blu, Palm Desert, California
1998 One-person show, Denise Roberge Gallery, Palm Desert, California 1997 One-person show, Gallery Blu, Palm Desert, California 1991 One-person show, Sherry Frumkin Gallery, Santa Monica, California 1990 One-person show, Accurate Art Gallery, Sacramento, California 1989 "Return To River City", one-person show, Barbara McDonald Gallery, Sacramento, California
1988 "Emerging Artists", Riverside Art Museum, Riverside, California 1978 MFA Exhibit, Mills College Art Gallery, Oakland, California 1972 "Colored Walls", Installation, Shasta College, Redding, California

GROUP EXHIBITIONS
2021 Color Journeys, Gail Severn Gallery, Sun Valley, Idaho 2019 Color & Form as Metaphor II, Gail Severn Gallery, Sun Valley, Idaho Absolutely Abstract, Yucca Valley Visual & Performing Arts Center, Yucca Valley, California "The House That Art Built", Indio Public Arts and Historic Preservation Commission, Indio, California
2018 JTAG, PopUp, Joshua Tree, CA
2017 Desert Artists, Ramey Fine Art, Palm Desert, CA 2016 City of Palm Desert, El Paseo Invitational Exhibition 2016-2018, Palm Desert, California 2015 Art Silicon Valley/San Francisco, San Mateo, California 2014 Art Silicon Valley/San Francisco, San Mateo, California Gallery Premiere, Ramey Fine Art, Palm Desert, California 2013 City of Palm Desert, El Paseo Invitational Exhibition 2013-2014, Palm Desert, California 2012 The Red Arrow Gallery, Joshua Tree, California
2011 Gail Severn Gallery, Winter Group Show, Sun Valley, Idaho 2009 Ramey Fine Art, Grand Opening, Palm Desert, California Orange County Museum of Art -Art and Architecture Tour
2008 "Abstractions", Argazzi Gallery, Lakeview, Connecticut Grand Opening, The Edge Gallery, Santa Fe, New Mexico
"Texture and Surface", Renee George Gallery, Charlotte, North Carolina 2007 Art and Architecture Tour Orange County Museum of Art Group Contemporary Show, Gail Severn Gallery, Sun Valley, Idaho Orange County Museum of Art -Art and Architecture Tour
"Contemporary Surfaces", Argazzi Gallery, Lakeview, Connecticut Summer Group Show, Margo Jacobsen Fine Art, Portland, Oregon Delos Van Earl, page 2
Item 1Y - Page 16
..

GROUP EXHIBITIONS, cont.
2006 Winter Holiday Show, Gail Severn Gallery, Sun Valley, Idaho Two person show, American Institute of Architects, Los Angeles Home Tour Gallery Artists, Eleonore Austerer Gallery, Palm Desert, California 2005 "Small Works", Hayes George Gallery Grand Opening, Charlotte, North Carolina "Texture and Surface", Hayes George Gallery, Charlotte, North Carolina "Surface", Gail Severn Gallery, Sun Valley, Idaho "Canvas & Steel", Two person show, Lurie Fine Art. Boca Raton, Florida Summer Group Show, Argazzi Gallery, Lakeview, Connecticut Two person show, Glass Garage Gallery, West Hollywood, California 2004 "Winter Abstraction", Gail Severn Gallery, Sun Valley Idaho Winter Group Show, Susan Street Gallery, Solana Beach, California "Metal and Glass", Eleonore Austerer Gallery, Palm Desert, California Three person show, William Havu, Denver, Colorado
Three person show, Finer Things Gallery, Nashville, Tennessee Grand Opening, Eleonore Austerer, Palm Desert, California SOFA, Navy Pier, Chicago, Illinois
201hAnniversary Group Show, Butters Gallery, Portland, Oregon 2003 Summer Sculpture Show, Gail ~evern Gallery, Sun Valley, Idaho Spring Group Show, Susan Street Gallery, Solana Beach, California Summer Group Show, Eleonore Austerer Gallery, Palm Springs, CA Four-person show, William Havu Gallery, Denver, Colorado 2002 City of Palm Desert, El Paseo Sculpture Exhibition, Palm Desert, California SOFA, Navy Pier, Chicago, Illinois
Summer Group Show, Gail Severn Gallery, Sun Valley, Idaho Spring Group Show, Craighead-Green Gallery, Dallas, Texas Winter Group Show, Gail Severn Gallery, Sun Valley, Idaho Winter Group Show, Boritzer/Gray/Hamano Gallery, Santa Monica, California 2001 Grand Opening, Chiaroscuro Gallery, Scottsdale, Arizona Winter Holiday Show, Gail Severn Gallery, Sun Valley, Idaho Palm Springs International Art Fair, Palm Springs, California Summer Group Show, Margo Jacobsen Gallery, Portland
Art In The Courtyard, Tercera Gallery, San Francisco, California Winter Group Show, Boritzer/Gray/Hamano Gallery, Santa Monica, California Season Premiere, Gallery Blu, Palm Desert, California
2000 Sculpture & Objects of Fine Art", Navy Pier, Chicago, Illinois Season Premiere, Gallery Blu, Palm Desert, California
Winter Holiday Show, Gail Severn Gallery, Sun Valley, Idaho Annual Sculpture Show, Gail Severn Gallery, Sun Valley, Idaho Summer Show, Boritzer/Gray/Hamano Gallery, Santa Monica, California Palm Springs International Art Fair, Palm Springs, California 1999 Winter Group Show, Boritzer/Gray/Hamano Gallery, Santa Monica, California Grand Opening, Tercera Gallery, San Francisco, California
Season Premiere, Gallery Blu, Palm Desert, California
Winter Holiday Show, Gail Severn Gallery, Sun Valley, Idaho Sculpture & Objects of Fine Art, Navy Pier, Chicago, Illinois Summer Show, Boritzer/Gray/Hamano Gallery, Santa Monica, California Annual Sculpture Show, Gail Severn Gallery, Sun Valley, Idaho Group show, Gail Severn Gallery, Sun Valley, Idaho
Introductory Exhibition, Tercera Gallery, Los Gatos, California Delos Van Earl, page 3
Item 1Y - Page 17
GROUP EXHIBITIONS, cont.
1998 Grand Opening, Gallery Blu, El Paseo, Palm Desert, California Winter Group Show, Boritzer/Gray/Hamano Gallery, Santa Monica, California Sculpture & Objects of Fine Art, Navy Pier, Chicago, Illinois Appetite for Art, Los Angeles County Museum of Art, Los Angeles, California Summer Show, Boritzer/Gray/Hamano Gallery, Santa Monica, California Director's Choice, 98, Adamar Fine Art, Miami, Florida
1997 Sculpture & Objects of Fine Art, Navy Pier, Chicago, Illinois Visual And Inner Landscapes, Merging One Gallery, Santa Monica, California Sculpture & Objects of Fine Arts, Miami Convention Center, Miami, Florida 1996 Art Miami "96, Miami Convention Center, Miami, Florida Three - D, Adamar Fine Art, Miami, Florida
Appetite for Art: An Evening of Art, Sex, Food & Videotape.

Los Angeles County Museum of Art, Los Angeles, California 1995 Director's Choice, '95, Adamar Fine Art, Miami, Florida Grand Opening, Ross Watkins Gallery, Palm Desert, California Small Works, Posner Fine Art, Los Angeles, California
1994 Director's Choice, 94, Adamar Fine Art, Miami Florida Canvas of Hope, Orange County Chapter of the American Parkinson's Disease Association, Laguna Hills, California
Landscapes/ Structure, Rachel Lozzi Gallery, Los Angeles, California Two-person show, Adamar Fine Art, Miami Florida
1993 Invitational Exhibition, Eleonore Austerer Gallery, San Francisco, CA Gallery Artists, Season Premiere, Adamar Art Collection, Miami, Florida Intermezzo, John Thomas Gallery, Santa Monica, California Invitational Exhibition, Bay Arts, San Francisco, California 1992 Outstanding Maquettes, Hakone Open-Air Museum, Tokyo, Japan Two-person show, Adamar Art Gallery, Miami, Florida
Sculptural Invitational, Rancho Mirage City Center, Rancho Mirage, California 1991 Sculpture Annual, Mary Bell Gallery, Chicago, Illinois 1990 Two-person show, "A" Gallery, Palm Desert, California Sculpture Annual, Mary Bell Gallery, Chicago, Illinois
1989 Vessels, John Thomas Gallery, Fullerton, California Art of Function, William Lamb Gallery, Long Beach, California Invitational Exhibition, Mary Bell Gallery, Scottsdale, Arizona Maliboo, Barry White Gallery, Malibu, California
Grand Opening Exhibition, John Thomas Gallery, Santa Monica, California Inaugural Exhibition, La Quinta Arts Foundation, La Quinta, California 1988 Artist Toys, John Thomas Gallery, Fullerton, California Invitational Exhibition, "A" Gallery, Palm Desert, California Outdoor Sculpture, College of the Desert, Palm Desert, California New Faces, John Thomas Gallery, Fullerton, California
1987 Images '87, Bowers Museum, Santa Ana, California
33rd Annual Exhibition, San Diego Art Institute, San Diego, California Sculpture, City Gallery, Sacramento, California
Invitational Exhibition, Gallery Vander Woude, Palm Springs, California 1986 Two person show, Djurovitch Gallery, Sacramento, California 1986 Three Sculptors, J. Noblette Gallery, Sonoma, California Sacramento City Council Invitational, Sacramento, California 1985 Gallery Artists, City Gallery, Sacramento, California Delos Van Earl, page 4
Item 1Y - Page 18
GROUP EXHIBITIONS, cont.
1980 Texas Sculpture, Galveston Art Center, Galveston, Texas 1977 First Year Exhibition, Mills College Art Gallery, Oakland, California 1972 Shasta Painters, Redding Civic Center, Redding, California North Coast Annual, Humboldt Cultural Center, Eureka, California 1976 Mills College Graduate Students, Oakland Civic Center, Oakland, California 1975 Hayward Annual Juried Exhibit, Hayward Art Center, Hayward, California 1974 Juried Student Show, Cal-State University, Chico, California

REVIEWS AND PUBLICATIONS
"Talent and Resiliencyn, Art Patron, Spring 2019.

The Desert Sun, November 24, 2015, article and photographs. "Orange Twist", The Desert Sun", February 7, 2014, article and photographs.

Landmark Neighborhoods, Sunday, June 19, 2011, article and photographs.

Nail Pro Magazine, May, 2010, article and photographs.

The Bottom Line Magazine, November, 2009, article and photographs. "The Bellevue Collection" sales brochure", July, 2009.

Architectural Digest, May 2009, installation photograph. "Spotlight on Green Art, June, 2008, article and photographs.

The Desert Sun, January 20, 2008, article and photograph. "Go West" with David Garcia, segment on public arts programs, aired 4/21/07 on KCBW Space Magazine, January, 2007, Article and photographs
Palm Springs Life, December 2005, Article and photograph.

Gallery Guide, October 2005. Cover, article and photograph.

Desert Magazine, January 2005. Article and photographs.

Palm Springs Life, Annual Desert Living Issue. Gallery ad and photo.

Art In America, October 2004, Full page photograph and show listing.

The El Paseo Sculpture Invitational Exhibition: 2004 Video and Print Campaign "Path of the Bighorn, Connecting A Community", 2004 Bighorn Institute.

The Desert Sun, February 2, 2003. Article and photograph.

The Press-Enterprise, January 26, 2003. Article and photograph.

Palm Springs Life, Path of the Bighorn. January 2004.

Decor & Style, November 2003, article and photographs.

The San Diego Union-Tribune, October 10, 2003. Article and photograph.

Palm Springs Life, March 2003. Photograph and show announcement.

Chico's, Fall 2002. Nationally run television commercial, catalogue.

California Homes, February 2003, ten page article and photographs. Gallery Guide, West Coast Edition, Summer 2002. Half page ad and photograph.

Catalogue, The Nazca Series, February 2002.

Gallery Guide, West Coast Edition, January 2002. Cover photograph, review.

Art News, December 2001 . Full-page photograph and gallery listing Arizona Foothills, December 2001. Full-page photograph and gallery listing.

Palm Springs Life, October 2001. Photograph and announcement.

Sun Valley Magazine, July 2001. Photograph and announcement.

The Bakersfield Californian, April 20, 2001. Review.

Delos Van Earl, page 5
Item 1Y - Page 19
REVIEWS AND PUBLICATIONS, cont.

The Desert Sun, February 11, 2001. Review and photographs.

Next Magazine, February, 2001. Article and photographs.

Palm Springs Life, February, 2001. Article and photographs.

Park City Record, December 20, 2000. Review and photograph.

Desert Art Scene, Fall, 2000. Gallery Announcement and photograph.

Palm Springs Life, October, 2000. Photograph and announcement.

LA Times, July 23, 2000. Article and photograph.

Desert Post Weekly, February 17, 2000. Review and photograph.

Palm Springs Life, February, 2000. Photograph and announcement.

Palm Springs Life, November, 1999. Photograph and announcement.

Art In America, July 1999. Full page photograph and gallery listing.

Desert Art Scene, Spring 1999. Gallery announcement and photograph.

The Bottom Line, March 25, 1999. Review of one-man show at Gallery Blu.

Southwest Arts, April, 1997. Review of one-man show at Denise Roberge Gallery.

The Desert Sun, June 22, 1997. Review of one-man show, photographs.

Haute Decor, October-November, 1996. Review of work, photographs The Fujisankei Biennale Catalogue, August, 1993. The Hakone Open-Air Museum, Tokyo
Haute Decor, December-January 1993. Review of work.

Guide to The Arts, January, 1993. Gallery announcement and photograph.

The Desert Sun, July 5, 1992. Review of work, biographical article, photographs. The Desert Sun, June 14, 1992. Review of work and photograph.

Florida Design, Volume 2, Number 3 (October, 1992). Full-page color gallery advertisement.

The Desert Sun, March 29. 1992. Review of work and photograph.

The Desert Sun, October 20, 1991. Review of work and photograph.

Gallery Guide, December, 1991. Full-page photograph and gallery announcement.

Gallery Guide, August 1990. Gallery announcement and photograph.

Sacramento Good Life, July 1989. Review of work and photograph.

Art News, September 1988. Full page color advertisement.

Emerging Artist 1988, June 1988. Riverside Art Museum published catalogue.

Riverside Register Guard, July 5, 1988. Review of show.

Santa Ana Register, August 30. 1987, Review of show.

Sacramento Bee, May 14, 1987. Review and photograph of show.

Placer County News, May 1987. Review of show.

Auburn Journal, May 8, 1987. Review of show.

Sacramento Bee, March 15, 1987, Review of show

SELECTED CORPORATE AND PUBLIC COLLECTIONS
Cooley, LLP, Menlo Park, California
Viejas Casino Resort Hotel, Alpine, California
Pechanga Resort Casino, Temecula, California
Dr. William Grimm. Palm Springs, California
City of Coronado, California
Clorox Corporation, Pleasanton, California City of Sun Valley, Sun Valley, ID Howard Hughes Medical Institute, Janelia Farms Campus, Ashburn, Virginia Delos Van Earf, page 6
Item 1Y - Page 20

SELECTED CORPORATE AND PUBLIC COLLECTIONS
City of Palm Springs, Palm Springs, California
Pacific Life Insurance Company, Newport Beach, California Innovation, Manassas, Virginia
Weil, Gotshal and Manges, Dallas, Texas
California National Bank, Orange County, California
Hyatt Hotels, Bellevue, Washington
USBancorp, Los Angeles, California
United Brotherhood of Carpenters, Washington D.C.

Sun Valley Symphony, Sun Valley, Idaho
Bank of America, Charlotte, North Carolina
Pacific Life Insurance Company, Newport Beach, California American Career College, California
Hewlett Packard, Seattle, Washington
Guy Dreier Habitat, Palm Desert, California
SELECTED CORPORATE AND PUBLIC COLLECTIONS, cont.

GenStar Capital LP, San Francisco, California
The Living Desert, Palm Desert, California
Elroy Corp., Laguna Beach.

Perkins-Coie LLP, Los Angeles, California
Opus Moon Enterprises, Inc., Los Gatos, California
ANZDL, Australian-New Zealand Direct Line, Costa Mesa, California Electronic Data Systems, Los Angeles, California
Hippocrates Health Institute, West Palm Beach, Florida
OPTO 22, Temecula, California
BRUZZI of Miami, Florida
Mark Palmer Design, Palm Desert, California
Antares Hotel, Palm Springs, California
Desert Palms Hotel, Palm Springs, California New York Stock Exchange, New York City, New York Bowers Art Museum, Santa Ana, California
Sutter General Hospital, Sacramento, California
Hugh O"Brien Foundation, Westwood, California
B. L. Wood Products, Eugene, Oregon
Jon Piper Interests, Palm Springs, California
Excaliber Motor Cars, Palm Springs, California
Delos Van Earl, page 7
Item 1Y - Page 21
Talent and Resiliency
DELOS VAN EARL Embraces Change
written by Judy Nemer Sklar
1 have been told that the buzzword for 2019 is "resiliency." That and longevity are the goals many artists seek in pursuit of a successful career, particularly since success in the fie,d is often dependent upon world order, financial markets and the whims of collectors and agents. Only the most talented and resilient survive. Coachella Valley mixed media artist and sculptor Delos Van Earl fits that bill. He has successfully traversed the economic downturn of 2008 and continues to explore and evolve creatively.

ARl'PATRONMAGAZINE.COM 53
Item 1Y - Page 22
Van Earl was born in the state of Washington, grew up in Crescent City, California, and went on to earn his B.A. from Chico State University and his M.F.A. from Mills College In Oakland. But living in a logging family amidst the beautiful natural environment of the Northwest, with its ocean waters, rivers and forests, was a key early influence on his sculptures, which employ bronze, steel and wood and which range from pedestalsized pieces to large outdoor works. His resume lists numerous solo and group exhibitions, and his work is in both corporate and public collections.

Comfortable in his own skin, he is happy to discuss both the business and creative sides of an artist's life.

Van Earl's move from Sacramento to Desert Hot Springs in 1987 turned out to be a pivotal event in his artistic development. His career took off after he received a prestigious purchase award from the Bowers Museum in Santa Ana and was invited to mount a solo show at the Riverslde Museum. From fairs to galleries, from collectors to dealers, he was suddenly in demand. His steel sculptures, with their distinctive fractured corners, were selling out, and collectors were looking for more and more pieces. In fact, Van Earl's work was in such high demand that it caused his health to suffer. He knew change was in order-and soon change was going to be necessary for many artists.

The economic crisis of 2008 drove a number of artists to seek new directions in their careers as galleries and collectors stepped back. It seemed as if everything had changed overnight, and while the crash set most on their heels, Van Earl, who considers himself a survivor, chose to pull into rather than out of the artist's life. He instinctively knew it was necessary to make both business and personal adjustments, so he proceeded to modify his business model and explore a new creative direction. While some have said that for Van Earl it's all about business, he strongly objects. 'For me: he says, "it's all about the work. My goal is to be as good as I can be, to create great art. I know I may fail, but for me it is about the journey.•

SHEILA OLSEN
UShe,la Olsen is a Contemporaf'J Abstrad Artist.

Her paintings exh1b1t vivid color and bold strokes painted with 01/, acrylic and mixed media. " SheilaOlsen.com • 784 S Coast Hwy Laguna Beach CA 92651 • 949-423-9990 54 ARTPATRONMAGAZINE .COM
Item 1Y - Page 23
.
. .

When I met Van Earl for an interview at his Yucca Vally studio and galle,y in late 2018, I found a happy, bright and colorful space and couldn't help but notice the changes in the artist's creative direction. His new work consists of large freestanding and wall-mounted sculptures in exciting colors and shapes. There are pieces large and small that he calls "creatures"-frogs, sea horses and rabbits-and colors in his palette-oranges, bright yellows and lime greens-that are starkly different from the deeper reds he has been known for.

His new work takes Van Earl back to his childhood, back to the days he remembers fondly of Danish modern furniture, low sofas, the Seattle World's Fair of 1962, girls in polka dot dresses and go-go boots, and miniature golf courses and trampoline parks. Despite the changes in his creative direction, his guiding principle remains the same: an insistence on quality, craftsmanship and integrity.

Van Earl is not afraid of change; in fact, he embraces it •1 wantto continue to do work that reflects my time and culture; he insists. His commitmentto his art and his life as an artist exemplify his resiliency and longevity.As a begrnning artist, he was often singled out as the next great thing, "which is not always the best thing to hear when you're young; he points out, explaining thatit's lmportantto have to fight for success if you want to make a living in the field. "For me, it was the wolf at the door that made me work hard to become a successful artist.· How does Van Earl see his future? *I hope to continue to work and be healthy. I want the eighty-year•old me to be doing new things. I want another run at it because things don't get better than that.• I hope you have the opportunity to meet Delos Van Earl at his studio in Yucca Valley. Find out more at his website, delosvanearlstudios.com, and read my full interview with him at artistnarratives.com or judynemerklar.com.@

TOM SWIMM
NEW EXHIBITION OPENS SATURDAY, FEBRUARY 23, 2019
ARTIST RECEPTION AT PACIFIC EDGE GALLERY 4 TO 8PM
I.AKESJDE. REFI.E.CTIONS
~PA<JFicEoG,V -~--
24"X36"0/C
S1UDI03251 laguna Canyon Road/ Studio E/ Laguna Beach/949-715-1705 View paintings in the exhibition atwww.tomswimmfineart.com GALLERY: Pacific Edge Gallery/ 540 So. Coast Hipay / Beach/ 949-49-4-0491 View paintings in the exhibition at www.paciflcedgegallery.com ARTPATRONMAGAZINE .. COM 55
Item 1Y - Page 24
1/8/2023

PHASE I
Delos Van Earl
55666-A Yucca Trail
Yucca Valley. CA 92284
760.333.2271
www.delosvanearlstudios.com
[email protected]

LAS PALMAS PROJECT
"Creatures on Chino Drive"
"RED DRAGON", 1 o· X 6' X 5', oil enamel on steel.

To be installed on the median of Chino Drive. "Red Dragon" would be bolted down to concrete pads that I would pour under the desert xeriscaping.

The sculpture will be painted with sign painter's enamel to give the piece a long lasting surface life and also a surface that can be easily repainted when it is needed.

Maintenance would involve washing it twice a year to remove surface dirt and waxing it to rejuvenate the painted surface and to provide protection from the elements.

PHASE II through PHASE V
Place additional creatures along the median to create a visual delight. These whimsical, yet substantial sculptures will make the median a fun, artistic experience that enhances the Las Palmas neighborhood and offers a unique Palm Springs experience.

Price:
"Red Dragon": ...... .. .. ................. ... ............ ....... .... $20,000 Sales Tax, Transportation, and Installation .................. $5,000 Total: $25,000

CITY COUNCIL STAFF REPORT
11/09/2023
SUBJECT:

APPROVE PURCHASE OF WIRELESS EQUIPMENT WITH FIVE YEARS OF SUPPORT FROM AMS.NET
RECOMMENDATION:

Authorize a purchase of wireless equipment with five years of subscriptions and support from AMS.Net for $329,395 based on a cooperative contract.

Attachments
Item 1Z

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 9, 2023 CONSENT CALENDAR
SUBJECT: APPROVE PURCHASE OF WIRELESS EQUIPMENT WITH FIVE YEARS OF SUPPORT FROM AMS.NET
FROM: Scott C. Stiles, City Manager
BY: Information Technology Department
SUMMARY:

This action will approve the purchase of wireless equipment with five years of subscriptions and support.

RECOMMENDATION:

1. Authorize a purchase of wireless equipment with five years of subscriptions and support from AMS.Net (Attachment A) for $329,395 based on a cooperative contract.

BUSINESS PRINCIPAL DISCLOSURE:

A copy of the Public Integrity Disclosure Form for AMS.Net is included as Attachment B.

BACKGROUND:

The wireless network at the Airport was originally deployed in early 2017. In the years since the system was initially deployed, the Airport has experienced a significant growth in passenger count. The current system provides a sub-standard customer experience and does not allow for current needs and future growth. To meet the existing and forecast operation demand, the Airport has expanded and upgraded airport services and infrastructure with new projects identified each year.

One of the newly approved projects is a robust concession program that will elevate all concession areas throughout the Airport. All the concession areas are currently undergoing permit review for interior and facade improvements with enhanced outdoor spaces associated with restaurants. Once the concessions program is complete, these concession areas are projected to be the source of where passengers convene for purposes of dining and shopping.

Item 1Z - Page 1
City Council Staff Report
November 9, 2023- Page 2
Approve Purchase of Wireless Equipment – AMS.Net
While the passenger count varies every month, the most utilized and highest passenger count/activity occurs in the month of March. In March 2023, the highest peak usage (from 11:00 am to 1:00 pm) of passenger count for departures and arrivals at the Bono Concourse was 2,896 passengers and 1,197 passengers at the Regional Concourse, totaling 4,093 passenger activity.

Considering the concession program and the current passenger count, there is an increased demand for WiFi services throughout the Airport. Currently, there are less than twenty-five access points throughout the Airport and IT staff projects that more than 250 access points may ultimately need to be installed for an ideal WiFi connection.

STAFF ANALYSIS:

Staff is currently working on an RFP for a consultant to design a world class WiFi experience at the Airport. To alleviate the current and immediate WiFi issues at the Airport, staff desires to move forward with an interim solution requesting to acquire and deploy a portion of the future equipment. Staff has also already defined the equipment standard that the consultant will include in their design and will install the acquired equipment to locations that will greatly increase the current WiFi experience at the Airport.

All the equipment acquired will subsequently be re-used when the full system design is realized. The interim system will also allow the new concessions vendors to utilize the enhanced WiFi system.

Staff received a quote for the wireless equipment with five years of subscriptions and support for $329,395 based on nationally negotiated cooperative contract. AMS.Net responded based on the NASPO Value Point Cooperative Contract: 7-20-70-47-01 as allowed by Title 7.09.010 of the Municipal Code.

Staff is recommending approval to purchase wireless equipment with five years of subscriptions and support from AMS.Net for $329,395.

ENVIRONMENTAL ASSESSMENT:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above-mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

The requested action aligns with the City Council Principal, “Improve City Facilities”.

Item 1Z - Page 2
City Council Staff Report
November 9, 2023- Page 3
Approve Purchase of Wireless Equipment – AMS.Net
FISCAL IMPACT:

Sufficient funds are budgeted and available in the current fiscal year in Airport Capital Improvement Projects Department Account 4167065.80000 and will be budgeted in future fiscal years.

REVIEWED BY:

Department Director: Larry Klingaman
Procurement and Contracting Director: Kim Baker
Deputy City Manager: Jeremy Hammond
City Manager: Scott Stiles
ATTACHMENTS:

A. Quote
B. Business Disclosure Form
Item 1Z - Page 3

ATTACHMENT A

Item 1Z - Page 4
AMS.NET, Inc.
502 Commerce Way, Livermore, CA 94551
925-245-6100 • 925-245-6150 Fax
www.ams.net

Page 1 of 7 ends

Customer Price Quote
Customer Quote # #Q-00073554
Project # 100277
Modified 10/23/2023
Account Mgr. Thomas Vasconi
City of Palm Springs
3200 E Tahquitz Canyon Way
Palm Springs CA, 92262-6959 US
ATTN: Larry Klingaman
AM Phone (925) 245-6128
Ship To AM Email [email protected]
Inside
Account Mgr. Ken Falconitin
IAM Phone (925) 245-6119
City of Palm Springs
3200 E Tahquitz Canyon Way
Palm Springs, CA 92262-6959
ATTN: Larry Klingaman IAM Email [email protected]
Quote Description Quote Exp. 11/3/2023
Palm Springs Airport - Cisco Switching and Wireless
Cisco NASPO – 7-20-70-47-01 (State of Utah AR-3227)
Expires- 9/30/2024
Line Item
Description Manufacturer Qty Unit Price Extended Price
C9300X-24HX-E Switches
1 C9300X-24HX-E
Catalyst 9300 24-port mGig UPoE+, Network Essentials
Cisco Systems Inc. 4.00 $8,743.12 $34,972.48
2 C9300-NW-E-24
C9300 Network Essentials, 24-port license
Cisco Systems Inc. 4.00 $0.00 $0.00
3 SC9300UK9-179
Cisco Catalyst 9300 XE 17.9 UNIVERSAL UNIVERSAL
Cisco Systems Inc. 4.00 $0.00 $0.00
4 PWR-C1-1100WAC-P
1100W AC 80+ platinum Config 1 Power Supply
Cisco Systems Inc. 4.00 $0.00 $0.00
5 C9300-SPS-NONE
No Secondary Power Supply Selected
Cisco Systems Inc. 4.00 $0.00 $0.00
6 CAB-TA-NA
North America AC Type A Power Cable
Cisco Systems Inc. 4.00 $0.00 $0.00
7 C9300-SSD-NONE
No SSD Card Selected
Cisco Systems Inc. 4.00 $0.00 $0.00
8 STACK-T1-50CM
50CM Type 1 Stacking Cable
Cisco Systems Inc. 4.00 $67.43 $269.72
Item 1Z - Page 5
........
. . . . . . . . . . . . . . . . . . . . I
........ •••••• I AMS.NET
Technology Solution Provider
I
AMS.NET, Inc.
502 Commerce Way, Livermore, CA 94551
925-245-6100 • 925-245-6150 Fax
www.ams.net

Page 2 of 7 ends

9 CAB-SPWR-30CM
Catalyst Stack Power Cable 30 CM
Cisco Systems Inc. 4.00 $64.06 $256.24
10 PWR-C1-BLANK
Config 1 Power Supply Blank
Cisco Systems Inc. 4.00 $0.00 $0.00
11 C9300-DNA-E-24
C9300 DNA Essentials, 24-Port Term Licenses
Cisco Systems Inc. 4.00 $0.00 $0.00
12 C9300-DNA-E-24-5Y
C9300 DNA Essentials, 24-Port, 5 Year Term License
Cisco Systems Inc. 4.00 $687.73 $2,750.92
13 C9300X-NM-8Y
Catalyst 9300 8 x 10G/25G Network Module SFP+/SFP28
Cisco Systems Inc. 4.00 $1,719.33 $6,877.32
14 NETWORK-PNP-LIC
Network Plug-n-Play Connect for zero-touch device
deployment
Cisco Systems Inc. 4.00 $0.00 $0.00
C9800-40-K9 Wireless Controllers - Smartnet only for 1 Controller 15 C9800-40-K9
Cisco Catalyst 9800-40 Wireless Controller
Cisco Systems Inc. 2.00 $28,992.51 $57,985.02
16 CON-SNT-C98004KA
SNTC-8X5XNBD Cisco Catalyst 9800-40 Wireless
Controller
60 months
Cisco Systems Inc. 1.00 $24,480.00 $24,480.00
17 LIC-C9800-DTLS-K9
Cisco Catalyst 9800 Series Wireless Controller DTLS
License
Cisco Systems Inc. 2.00 $0.00 $0.00
18 SC980040K9-173
Cisco Catalyst 9800-40 Wireless Controller
Cisco Systems Inc. 2.00 $0.00 $0.00
19 C9800-AC-750W-R
Cisco Catalyst 9800-40 750W AC Power Supply
Cisco Systems Inc. 2.00 $0.00 $0.00
20 CAB-AC
AC Power Cord (North America), C13, NEMA 5-15P, 2.1m
Cisco Systems Inc. 4.00 $0.00 $0.00
21 C9800-AC-750W-RED
Cisco Catalyst 9800-40 750W AC Power Supply
Cisco Systems Inc. 2.00 $673.57 $1,347.14
22 NETWORK-PNP-LIC
Network Plug-n-Play Connect for zero-touch device
deployment
Cisco Systems Inc. 2.00 $0.00 $0.00
23 SFP-H10GB-CU3M=
10GBASE-CU SFP+ Cable 3 Meter
Cisco Systems Inc. 8.00 $48.12 $384.96
IW9167IH-B-AP - Indoor
Item 1Z - Page 6
........
. . . . . . . . . . . . . . . . . . . . I
........ •••••• I AMS.NET
Technology Solution Provider
AMS.NET, Inc.
502 Commerce Way, Livermore, CA 94551
925-245-6100 • 925-245-6150 Fax
www.ams.net

Page 3 of 7 ends

24 IW9167IH-B-AP
IW9167, 11ax 6E AP, 8 RF ports, B domain, Wi-Fi mode -
Indoor
Cisco Systems Inc. 30.00 $2,670.56 $80,116.80
25 SWIW9167-CAPWAP-K9
CAPWAP software for IW9167
Cisco Systems Inc. 30.00 $0.00 $0.00
26 IW-AP-LOCAL
IW AP local mode deployment, For Tracking Only
Cisco Systems Inc. 30.00 $0.00 $0.00
27 IOT-OTHER
Not related to an IoT Solution; For tracking only.

Cisco Systems Inc. 30.00 $0.00 $0.00
28 NO-IOT-SOLUTION
Not related to an IoT Solution; For tracking only.

Cisco Systems Inc. 30.00 $0.00 $0.00
29 IW-DNA-A
Cisco DNA Advantage for Industrial Wireless
Cisco Systems Inc. 30.00 $0.00 $0.00
30 IW-DNA-A-5
Industrial Wireless Cisco DNA Advantage, 5Y Term Lic
Cisco Systems Inc. 30.00 $623.68 $18,710.40
31 PI-LFAS-AP-T
Prime AP Term Licenses
Cisco Systems Inc. 30.00 $0.00 $0.00
32 PI-LFAS-AP-T-5Y
PI Dev Lic for Lifecycle & Assurance Term 5Y
Cisco Systems Inc. 30.00 $0.00 $0.00
33 AIR-DNA-A-T
Wireless Cisco DNA On-Prem Advantage, Term, Tracker
Lic
Cisco Systems Inc. 30.00 $0.00 $0.00
34 AIR-DNA-A-T-5Y
Wireless Cisco DNA On-Prem Advantage, 5Y Term,
Tracker Lic
Cisco Systems Inc. 30.00 $0.00 $0.00
35 AIR-DNA-NWSTACK-A
Wireless DNA Perpetual Network Stack - Advantage
Cisco Systems Inc. 30.00 $0.00 $0.00
36 D-DNAS-EXT-BUN-T
Cisco DNA Spaces Extend Term License for Cisco DNA
Cisco Systems Inc. 30.00 $0.00 $0.00
37 D-DNAS-EXT-BUN-5Y
Cisco DNA Spaces Extend for Cisco DNA - 5Year
Cisco Systems Inc. 30.00 $0.00 $0.00
38 NETWORK-PNP-LIC
Network Plug-n-Play Connect for zero-touch device
deployment
Cisco Systems Inc. 30.00 $0.00 $0.00
CW9164I-B Wireless APs
39 CW9164I-B
Catalyst 9164I AP (W6E, tri-band 4x4) w/Reg-B
Cisco Systems Inc. 50.00 $1,014.75 $50,737.50
40 SW9164-CAPWAP-K9
Capwap software for Catalyst 9164I
Cisco Systems Inc. 50.00 $0.00 $0.00
Item 1Z - Page 7
........
. . . . . . . . . . . . . . . . . . . . I
........ •••••• I AMS.NET
Technology Solution Provider
AMS.NET, Inc.
502 Commerce Way, Livermore, CA 94551
925-245-6100 • 925-245-6150 Fax
www.ams.net

Page 4 of 7 ends

41 AIR-AP-NO-CLIP
No AP Ceiling Grid Clip Required
Cisco Systems Inc. 50.00 $0.00 $0.00
42 AIR-AP-BRACKET-1
802.11 AP Low Profile Mounting Bracket (Default)
Cisco Systems Inc. 50.00 $0.00 $0.00
43 CDNA-E-C9164
Wireless Cisco DNA On-Prem Essential, 9164 Tracking
Cisco Systems Inc. 50.00 $0.00 $0.00
44 DNA-E-5Y-C9164
C9164I Cisco DNA On-Prem Essential,5Y Term,Trk Lic
Cisco Systems Inc. 50.00 $0.00 $0.00
45 AIR-DNA-E
Wireless Cisco DNA On-Prem Essential, Term Lic
Cisco Systems Inc. 50.00 $0.00 $0.00
46 AIR-DNA-E-5Y
Wireless Cisco DNA On-Prem Essential, 5Y Term Lic
Cisco Systems Inc. 50.00 $252.85 $12,642.50
47 PI-LFAS-AP-T
Prime AP Term Licenses
Cisco Systems Inc. 50.00 $0.00 $0.00
48 PI-LFAS-AP-T-5Y
PI Dev Lic for Lifecycle & Assurance Term 5Y
Cisco Systems Inc. 50.00 $0.00 $0.00
49 AIR-DNA-E-T
Wireless Cisco DNA On-Prem Essential, Term, Tracker Lic Cisco Systems Inc. 50.00 $0.00 $0.00
50 AIR-DNA-E-T-5Y
Wireless Cisco DNA On-Prem Essential, 5Y Term, Tracker
Lic
Cisco Systems Inc. 50.00 $0.00 $0.00
51 AIR-DNA-NWSTACK-E
Wireless DNA Perpetual Network Stack - Essentials
Cisco Systems Inc. 50.00 $0.00 $0.00
52 NETWORK-PNP-LIC
Network Plug-n-Play Connect for zero-touch device
deployment
Cisco Systems Inc. 50.00 $0.00 $0.00
53 CW9164I-MULTI
Minimum Quantity = 10
Cisco Systems Inc. 50.00 $0.00 $0.00
AP Brackets
54 AIR-AP-BRACKET-1=
802.11 AP Low Profile Mounting Bracket (Default)
Cisco Systems Inc. 10.00 $14.15 $141.50
55 AIR-AP-BRACKET-2=
802.11 AP Universal Mounting Bracket
Cisco Systems Inc. 10.00 $14.15 $141.50
56 AIR-AP-T-RAIL-R=
Ceiling Grid Clip for APs & Cellular Gateways-Recessed
Cisco Systems Inc. 10.00 $14.15 $141.50
57 AIR-AP-T-RAIL-F=
Flush Mount for APs & Cellular Gateways-Recessed
Cisco Systems Inc. 20.00 $14.15 $283.00
Item 1Z - Page 8
........
. . . . . . . . . . . . . . . . . . . . I
........ •••••• I AMS.NET
Technology Solution Provider
AMS.NET, Inc.
502 Commerce Way, Livermore, CA 94551
925-245-6100 • 925-245-6150 Fax
www.ams.net

Page 5 of 7 ends

Order Summary
Subtotal $306,466.34
Adjustment $0.00
Estimated Taxes $22,929.15
Total $329,395.49
DAC Cables and Optics
58 SFP-10/25G-LR-S=
10/25GBASE-LR SFP28 Module
Cisco Systems Inc. 8.00 $1,026.45 $8,211.60
59 QSFP-100G-CU3M=
100GBASE-CR4 Passive Copper Cable, 3m
Cisco Systems Inc. 4.00 $251.34 $1,005.36
60 SFP-H25G-CU3M=
25GBASE-CU SFP28 Cable 3 Meter
Cisco Systems Inc. 4.00 $59.50 $238.00
61 QSFP-100G-AOC3M=
100GBASE QSFP Active Optical Cable, 3m spare
Cisco Systems Inc. 4.00 $867.77 $3,471.08
62 SFP-25G-AOC3M=
25GBASE Active Optical SFP28 Cable, 3M - Spare
Cisco Systems Inc. 4.00 $325.45 $1,301.80

AMS FREIGHT
63 AMS-FREIGHT-DROPSHIP
Freight
None 1.00 $0.00 $0.00
Item 1Z - Page 9
········ AMS NET ........ . =.=. ~: .=.=, •
•::;.;~U:~V Technology Solution Provider

ATTACHMENT B
Item 1Z - Page 10
Item 1Z - Page 11
1 .

2. 3.

4. Name of Entity
AMS .\\JET, IY\e,

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Address of Entity (Principle Place of Business)
~0'2. commQ,rc.e \A\o.y, Li Vex-more, CA q4~51
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State Cn\\fOYV1iO If other than California, is the Entity also registered in California? F Yes F No

5. Type of Entity
~ imited Liability Company F Partnership F Trust F Other (please specify)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

Item 1Z - Page 12

7. Owners/Investors with a 5% beneficial interest in the Applicant Entitv or a related entity

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
A.

R~xt Joct1 looi
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]

0. [name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date (Revised 09 13 18)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

CITY COUNCIL STAFF REPORT
11/09/2023
SUBJECT:

APPROVE THE PURCHASE OF NETWORK EQUIPMENT WITH FIVE YEARS OF

SUBSCRIPTIONS AND SUPPORT FOR NAVIGATION CENTER
RECOMMENDATION:

Approve the purchase of network equipment with five years of subscriptions and support for the Navigation Center from AMS.Net for $170,634 based on a cooperative contract.

Attachments
Item 1AA

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 9, 2023 CONSENT CALENDAR
SUBJECT: APPROVE THE PURCHASE OF NETWORK EQUIPMENT WITH FIVE

YEARS OF SUBSCRIPTIONS AND SUPPORT FOR NAVIGATION
CENTER
FROM: Scott C. Stiles, City Manager
BY: Information Technology Department
SUMMARY:

This action will approve the purchase of network equipment with five years of subscriptions and support for the Navigation Center.

RECOMMENDATION:
1) Approve the purchase of network equipment with five years of subscriptions and support for the Navigation Center from AMS.Net for $170,634 based on a cooperative contract (Attachment A).

BUSINESS PRINCIPAL DISCLOSURE:

A copy of the Public Integrity Disclosure Form for AMS.Net is included as Attachment B.

BACKGROUND:

On February 9, 2023 Council approved funding for a Navigation Center at 3589 McCarthy Road (Site). Included in the appropriated funds is $1,715,470 for electrical, data and communications equipment and services. The appropriated funds for electrical, data and communications is allocated to provide data connectivity at the Navigation Center for computers, phones, A/V services, Internet access and numerous other key building control features.

STAFF ANALYSIS:

The Site is 3.64 acres and has three buildings totaling 46,760 square feet. Building 8 is 7,980 square feet, Building 24 is 12,980 square feet, and Building C is 25,800 square feet. In addition, modular residential units for 80 individuals will also be added to the site.

Item 1AA - Page 1
City Council Staff Report
November 9, 2023 - Page 2
Purchase of Network Equipment for Navigation Center
Five of the units are for families and 10 units are for transitional age youth. The entire facility has a considerable need for data connectivity for daily operations and to provide the necessary services to the public. The core requirement for service delivery across all digital platforms at the Navigation Center is a solid network environment.

Staff has standardized on Cisco network equipment for all Citywide solutions.

Standardizing on a solution from one manufacturer creates efficiencies in management and allows for greater interoperability between devices. Standardization also allows staff to have solid training on the equipment at all City facilities for increased levels of support.

Staff worked with a partner to determine the proper requirements for a solid network foundation at the Navigation Center. Staff worked with the vendor to determine the correct models of the Cisco product catalog that would best serve the current and future needs of the Center. Staff also worked with the partner to determine the correct Cisco DNA subscription service level. DNA subscriptions allow for remote management, centralized deployment, and other custom software additions to the equipment.

AMS.Net provided a quote based on the NASPO Value Point Cooperative Contract: 7- 20-70-47-01 as allowed by Title 7.09.010 of the Municipal Code.

Staff is recommending approval to purchase network equipment with five years of subscriptions and support for the Navigation Center with AMS .Net for $170,634.

ENVIRONMENTAL ASSESSMENT:

ALIGNMENT WITH STRATEGIC PLANNING:

The requested action aligns with the City Council Priority 3A – Improve City Facilities.

FISCAL IMPACT:

Sufficient funds are budgeted and available in the current fiscal year in the Navigation Center Project Account 22-05-CAP IMPRV-NAVCTR - 1002305 - 50126.

Item 1AA - Page 2
City Council Staff Report
November 9, 2023 - Page 3
Purchase of Network Equipment for Navigation Center
REVIEWED BY:

Department Director: Larry Klingaman
Procurement and Contracting Director: Kim Baker
Deputy City Manager: Jeremy Hammond
City Manager: Scott Stiles
ATTACHMENTS:

A. Quote
B. Business Disclosure Form
Item 1AA - Page 3

ATTACHMENT A

Item 1AA - Page 4
Item 1AA - Page 5
•• • ••• • •
••• • •• •• ••I 9 I I ••I 9 • • 1 ••••••I
9 • I I• 9 I I
AMS.NET
Technology Solution Provider
Customer
City of Palm Springs
3200 E Tahquitz Canyon Way
Palm Springs CA, 92262-6959 US
ATTN: Larry Klingaman
Ship To
City of Palm Springs
3200 E Tahquitz Canyon Way
Palm Springs, CA 92262-6959
ATTN: Larry Klingaman
Quote Description
Navigation Center - Cisco Switching and Wireless
Cisco NASPO - 7-20-70-47-01 (State of Utah AR-3227)
Expires- 9/30/2024
Line Item Manufacturer Description
Cisco C9300-48UXM-E Switches
1 C9300-48UXM-E Cisco Systems Inc.

Catalyst 9300 48-port(12 mGig,36 2.5Gbps) Network
Essentials
2 C9300-NW-E-48 Cisco Systems Inc.

C9300 Network Essentials, 48-port license
3 SC9300UK9-176 Cisco Systems Inc.

Cisco Catalyst 9300 XE 17.6 UNIVERSAL

UNIVERSAL
4 PWR-C1-1100WAC-P Cisco Systems Inc.
11 00W AC 80+ platinum Config 1 Power Supply
5 C9300-SPS-NONE Cisco Systems Inc.

No Secondary Power Supply Selected
6 CAB-TA-NA Cisco Systems Inc.

North America AC Type A Power Cable
7 C9300-SSD-NONE Cisco Systems Inc.

No SSD Card Selected
8 STACK-T1-50CM Cisco Systems Inc.
50CM Type 1 Stacking Cable

Page 1 of 6 ends

AMS.NET, Inc.
502 Commerce Way, Livermore, CA 94551
925-245-6100 • 925-245-6150 Fax
www.ams.net
Customer Price Quote -
Quote# #Q-0007 427 4
Project# 100749
Modified 10/5/2023
Account Mgr. Thomas Vasconi
AM Phone (925) 245-6128
AM Email [email protected]
Inside Ken Falconitin Account Mgr.
1AM Phone (925) 245-6119
1AM Email [email protected]
Quote Exp. 11/4/2023
Qty List Price Unit Price Extended
Price

5.00 $15,939.44 $9,244.88 $46,224.40

5.00 $0.00 $0.00 $0.00

5.00 $118.29 $68.61 $343.05
Item 1AA - Page 6
•• • ••• • •
••• • •• •• ••I 9 I I ••I 9 • • 1 ••••••I
9 • I I• 9 I I
AMS.NET
Technology Solution Provider
9 CAB-SPWR-30CM
Catalyst Stack Power Cable 30 CM
10 PWR-C1-BLANK
Config 1 Power Supply Blank
11 C9300-DNA-E-48
C9300 DNA Essentials, 48-Port Term Licenses
12 C9300-DNA-E-48-5Y
C9300 DNA Essentials, 48-Port, 5 Year Term License
13 C9300-NM-8X
Catalyst 9300 8 x 1 OGE Network Module
14 NETWORK-PNP-LIC
Network Plug-n-Play Connect for zero-touch device
deployment
Cisco Wireless Controller
15 C9800-L-F-K9
Cisco Catalyst 9800-L Wireless Controller_Fiber Uplink
16 CON-SNT-C9800LFL
SNTC-8X5XNBD Cisco Catalyst 9800-L Wireless
Controller
60 months
17 SC9800LK9-173
Cisco Catalyst 9800-L Wireless Controller
18 C9800-AC-110W
Cisco Catalyst 9800 L Wireless Controller Power
Supply
19 CAB-AC-C5
AC Power Cord, Type C5, US, Canada
20 NETWORK-PNP-LIC
Network Plug-n-Play Connect for zero-touch device
deployment
Cisco CW9164I-B Wireless APs
21 CW9164I-B
Catalyst 91641 AP (W6E, tri-band 4x4) w/Reg-B
22 SW9164-CAPWAP-K9
Capwap software for Catalyst 91641
23 AIR-AP-NO-CLIP
No AP Ceiling Grid Clip Required
Cisco Systems Inc.

Cisco Systems Inc.

Page 2 of 6 ends

AMS.NET, Inc.
502 Commerce Way, Livermore, CA 94551
925-245-6100 • 925-245-6150 Fax
www.ams.net

5.00 $112.38 $65.18 $325.90

5.00 $0.00 $0.00 $0.00

5.00 $2,211.99 $1 ,282.95 $6,414.75

5.00 $3,016.36 $1 ,749.49 $8,747.45

5.00 $0.00 $0.00 $0.00

1.00 $11 ,828.85 $5,796.14 $5,796.14

1.00 $8,035.00 $6,428.00 $6,428.00

1.00 $0.00 $0.00 $0.00

20.00 $2,205.98 $1 ,080.93 $21 ,618.60

20.00 $0.00 $0.00 $0.00

20.00 $0.00 $0.00 $0.00
Item 1AA - Page 7
•• • ••• • •
••• • •• •• ••I 9 I I ••I 9 • • 1 ••••••I
9 • I I• 9 I I
AMS.NET
Technology Solution Provider
24 AIR-AP-NO-BRACKET
AP Bracket not shipped
25 CDNA-E-C9164
Wireless Cisco DNA On-Prem Essential, 9164
Tracking
26 DNA-E-5Y-C9164
C9164I Cisco DNA On-Prem Essential,5Y Term ,Trk Lie
27 AIR-DNA-E
Wireless Cisco DNA On-Prem Essential , Term Lie
28 AIR-DNA-E-SY
Wireless Cisco DNA On-Prem Essential , 5Y Term Lie
29 PI-LFAS-AP-T
Prime AP Term Licenses
30 PI-LFAS-AP-T-SY
Pl Dev Lie for Lifecycle & Assurance Term 5Y
31 AIR-DNA-E-T
Wireless Cisco DNA On-Prem Essential , Term, Tracker
Lie
32 AIR-DNA-E-T-SY
Wireless Cisco DNA On-Prem Essential , 5Y Term,
Tracker Lie
33 AIR-DNA-NWSTACK-E
Wireless DNA Perpetual Network Stack - Essentials
34 NETWORK-PNP-LIC
Network Plug-n-Play Connect for zero-touch device
deployment
35 CW9164I-SINGLE

SINGLE PACK OPTION
36 CW9164I-0VER
C9164I OVER OPTION
CW9164I-B Brackets
37 AIR-AP-BRACKET-1=
802.11 AP Low Profile Mounting Bracket (Default)
38 AIR-AP-T-RAIL-R=
Ceiling Grid Clip for APs & Cellular GatewaysRecessed
Cisco IW9167IH-B-AP Wireless APs
39 IW9167IH-B-AP
IW9167, 11 ax 6E AP, integrated antenna , B domain,
Wi-Fi mode
Cisco Systems Inc.

Cisco Systems Inc.

Page 3 of 6 ends

AMS.NET, Inc.
502 Commerce Way, Livermore, CA 94551
925-245-6100 • 925-245-6150 Fax
www.ams.net

20.00 $0.00 $0.00 $0.00

20.00 $443.59 $257.28 $5,145.60

20.00 $0.00 $0.00 $0.00

20.00 $24.83 $14.40 $288.00

25.00 $3,462.23 $2,008.09 $50,202.25
Item 1AA - Page 8
•• • ••• • •
••• • •• •• ••I 9 I I ••I 9 • • 1 ••••••I
9 • I I• 9 I I
AMS.NET
Technology Solution Provider
40 SWIW9167-CAPWAP-K9
CAPWAP software for IW9167
41 IW-AP-LOCAL
IW AP local mode deployment, For Tracking Only
42 IOT-OTHER
Not related to an loT Solution; For tracking only.
43 NO-IOT-SOLUTION
Not related to an loT Solution; For tracking only.
44 IW-DNA-E
Cisco DNA Essential for Industrial Wireless
45 IW-DNA-E-5
Industrial Wireless Cisco DNA Essentials, 5Y Term Lie
46 PI-LFAS-AP-T
Prime AP Term Licenses
47 PI-LFAS-AP-T-SY
Pl Dev Lie for Lifecycle & Assurance Term 5Y
48 AIR-DNA-E-T
Wireless Cisco DNA On-Prem Essential , Term , Tracker
Lie
49 AIR-DNA-E-T-SY
Wireless Cisco DNA On-Prem Essential, 5Y Term,
Tracker Lie
50 AIR-DNA-NWSTACK-E
Wireless DNA Perpetual Network Stack - Essentials

AMS FREIGHT
51 AMS-FREIGHT-DROPSHIP
Freight
Cisco Systems Inc.

Cisco Systems Inc.

None

Page 4 of 6 ends

AMS.NET, Inc.
502 Commerce Way, Livermore, CA 94551
925-245-6100 • 925-245-6150 Fax
www.ams.net

25.00 $0.00

25.00 $443.59

25.00 $0.00

1.00 $0.00
Order Summary
Subtotal
Adjustment
Estimated Taxes
Total
$0.00
$0.00
$0.00
$0.00
$0.00
$257.28
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$6,432.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$158,254.14
$0.00
$12,379.63
$170,633.77

ATTACHMENT B
Item 1AA - Page 9
Item 1AA - Page 10
1 .

2. 3.

4. Name of Entity
AMS .\\JET, IY\e,

PUBLIC INTEGRITY DISCLOSURE

5. Type of Entity
~ imited Liability Company F Partnership F Trust F Other (please specify)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

Item 1AA - Page 11

7. Owners/Investors with a 5% beneficial interest in the Applicant Entitv or a related entity

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
A.

0. [name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date (Revised 09 13 18)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

CITY COUNCIL STAFF REPORT
11/09/2023
SUBJECT:

APPROVE AGREEMENT WITH CHARTER COMMUNICATIONS, INC. FOR FIVE

YEARS OF TELECOMMUNICATIONS SERVICES
RECOMMENDATIONS:

Approve an agreement with Charter Communications for five years of telecommunications services at a cost not to exceed $1,525,948.

1. Ratify past purchases of telecommunications services from Charter Communications.

2. Attachments
Item 1BB

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 9, 2023 CONSENT CALENDAR
SUBJECT: APPROVE AGREEMENT WITH CHARTER COMMUNICATIONS, INC.

FOR FIVE YEARS OF TELECOMMUNICATIONS SERVICES
FROM: Scott C. Stiles, City Manager
BY: Information Technology Department
SUMMARY:

This action will approve an agreement (Attachment A) with Charter Communications for five years of telecommunications services at a cost not to exceed $1,525,948.

RECOMMENDATION:
1) Approve an agreement with Charter Communications for five years of telecommunications services at a cost not to exceed $1,525,948. 2) Ratify past purchases of telecommunications services from Charter Communications.

BUSINESS PRINCIPAL DISCLOSURE:

A copy of the Public Integrity Disclosure Form for Charter Communications is included as Attachment B.

BACKGROUND:

The City of Palm Springs currently utilizes both Charter and Frontier for Internet and telecommunication services. The services are provided at most if not every facility, and some critical facilities have connections from each provider to create redundancy and failover. The connections range from small Internet connections at remote buildings, to large multi gigabit connections at large facilities such as City Hall, the Police Department and Airport. The City also uses Charter to create virtual private connections between facilities for secure communications.

Item 1BB - Page 1
City Council Staff Report
November 9, 2023 - Page 2
Approve Agreement with Charter Communications
Staff has been purchasing services from Charter for years. The payments that have been processed since the City has migrated to our new Tyler Munis financial system in July of 2019 total $858,062. As the IT Department continues to consolidate contracts and bring them under the IT umbrella, we determined that this contract had not been presented to Council for approval. This action will ratify prior expenditures and authorize future expenditures.

STAFF ANALYSIS:

The City currently spends $225,525 each year for telecommunication services with Charter and expects to continue this spend level into the future. In addition to current spending, Council has also approved a new Navigation Center, migrating to the Public Safety Enterprise Communications (PSEC) radio system circuit and the update of the Plaza Theatre which will all require new service. Staff received quotes from Charter to order the new services, and the summary of the new Charter annual service charges is below with a 10% contingency included for upgraded service or price increases over the five-year term.
12 Month Actuals $ 225,525
Navigation Center $ 13,000
PSEC Circuit $ 25,920
Plaza Theater $ 13,000
$ 277,445
10% Contingency $ 27,745
$ 305,190
5 Year total $ 1,525,948
Staff is recommending approval of an agreement with Charter Communications for five years of telecommunications services at a cost not to exceed $1,525,948.

ENVIRONMENTAL ASSESSMENT:

Item 1BB - Page 2
City Council Staff Report
November 9, 2023 - Page 3
Approve Agreement with Charter Communications
ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports the City Council Principle, optimize basic services and facilities.

FISCAL IMPACT:

Sufficient funds are budgeted and available in the current fiscal year in Information Technology Department Account 1001025 – 50031 and Airport Department Account 4157021 – 50031.

REVIEWED BY:

Department Director: Larry Klingaman
Procurement & Contracting Director: Kim Baker
Deputy City Manager: Jeremy Hammond
City Manager: Scott Stiles
ATTACHMENTS:

A. Agreement
B. Business Disclosure Form
Item 1BB - Page 3

ATTACHMENT A

SPECTRUM ENTERPRISE SERVICE AGREEMENT
The customer identified below (“Customer”) hereby acknowledges and agrees to the Commercial Terms of Service attached hereto (“Terms of Service”) with respect to any service order(s) placed by Customer and accepted by Spectrum hereafter (each, a “Service Order”), which together with this agreement constitute the “Service Agreement” by and between Customer and Charter Communications Operating, LLC on behalf of those operating subsidiaries providing the services hereunder (“Spectrum”).

Agreement
BY EXECUTING THIS SERVICE AGREEMENT BELOW, CUSTOMER ACKNOWLEDGES THAT: (1) CUSTOMER

ACCEPTS AND AGREES TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THE ARBITRATION SECTION

THEREOF, WHICH PROVIDES THAT THE PARTIES DESIRE TO RESOLVE ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SERVICE AGREEMENT THROUGH ARBITRATION; AND (2) BY AGREEING TO

ARBITRATION, CUSTOMER IS GIVING UP VARIOUS RIGHTS, INCLUDING THE RIGHT TO TRIAL BY JURY AND TO BRING CLAIMS AS CLASS ACTIONS.

Authorized Signature for Customer Charter Communications Operating, LLC By: Charter Communications, Inc., its Manager
By: By:

Name: Name:

Title: Title:

Date: Date:

Spectrum Sales Support Contact Information
Spectrum Account Executive: Wayne Gilchrist
Office: (760) 674-5543 Mobile: (760) 289-9703
Email: [email protected]
Customer Information
Customer Name (Exact Legal Name): City of Palm Springs
Street Address: 3200 E. Tahquitz
Canyon Way
Suite: City: Palm Springs State: CA Zip: 92262
Customer’s Main Tel. No.: 760-323-8299
Customer Contact Name: Larry
Klingaman
E-mail: [email protected] Tel No: 760-323-8235 Billing Address: 3200 E. Tahquitz
Canyon Way
Suite: City: Palm Springs State: CA Zip: 92262
Billing Contact Name: IT Invoices E-mail: [email protected] Tel No: 760-323-8235 David Brown
9/21/2023
Director
Item 1BB - Page 5
Spectrum•

COMMERCIAL TERMS OF SERVICE
These Terms of Service include all attachments hereto (“Attachment(s)”), and all other documents identified hereunder, each of which are incorporated herein by reference. The Attachments further describe Spectrum’s services (each a “Service” and collectively the “Services”) and set forth additional terms and conditions for the applicable Service. Spectrum and Customer may each be referred to as a “Party” and collectively as the “Parties.” Unless specifically set forth in any Attachment, capitalized terms shall have the meanings set forth in this Service Agreement.

GENERAL

1. SERVICE AGREEMENT TERM. The Service Agreement shall be effective upon the earlier to occur of (a) the latest date of the signatures of the Parties; or (b) Spectrum’s commencement of performance (the “Effective Date”). The Service Agreement shall remain in effect until the expiration or proper termination of the final existing Service Order entered into under this Service Agreement (the “Term”).

2. SERVICES. Customer shall request Services hereunder by submitting Service Orders in a manner required by Spectrum. All submitted Service Orders are subject to approval and acceptance by Spectrum.Upon Spectrum’s acceptance of a Service Order, as indicated by: (a) Spectrum’s written acceptance, (b) Spectrum’s delivery of the Services, or (c) commencement of installation, such Service Order shall be deemed incorporated into the Service Agreement. Spectrum shall provide the Services to Customer at the Service address(es) specified in the applicable Service Order (“Service Location(s)”).

3. ORDER TERM. The “Initial Order Term” is the time period starting on the date the Services are functional in all material respects and available for use (the “Billing Start Date”) and continuing for the period of time specified in the Service Order(s). If no Initial Order Term is specified in a Service Order, the Initial Order Term is twelve (12) months from the Billing Start Date. Upon expiration of the Initial Order Term, the applicable Service Order shall automatically renew for successive one-month terms (each a “Renewal Order Term”, collectively with the Initial Order Term, the “Order Term”), unless either Spectrum or Customer elects to not renew the Service Order by notice provided to the other at least thirty (30) days in advance of the expiration of the then-current Order Term.

4. AVAILABILITY OF FACILITIES. Customer understands that certain Services, or certain features, may not be available in all Spectrum service areas, may change from time to time and Spectrum may decline to provide any requested Services. Spectrum’s ability to provide Services depends upon its ability to secure and retain, without additional expense, suitable facilities, third party connections, and rights to construct and maintain necessary facilities such as pole attachments and conduits to serve the Service Location. If Spectrum is unable to secure and retain such items in accordance with the foregoing, Spectrum may decline to accept or cancel a Service Order upon notice to Customer in accordance with Section 5(f). Spectrum may act as Customer's agent for ordering access connection facilities provided by other providers or entities when authorized by Customer to allow connection of a Service Location to the Network.

5. SERVICE LOCATION ACCESS AND INSTALLATION.
(a) Access. Spectrum requires reasonable access to each Service Location at any time throughout the Term as necessary for Spectrum to provide the Services and to review, install, inspect, maintain, repair, or remove any Spectrumprovided cabling, modems, related splitters, routers or other equipment (“Spectrum Equipment”) used to provide the Services. If Customer owns or controls the Service Location(s), Customer hereby grants Spectrum permission to enter the Service Location(s) in order for Spectrum to fulfill its obligations and exercise its rights under the Service Agreement. If a Service Location is not owned or controlled by Customer, Customer will obtain, with Spectrum's reasonable assistance, appropriate right of access. If such right of access for Spectrum is not obtained by either Party, then Spectrum may decline Customer’s request for Services, or terminate or amend the affected Service Order with respect to the Service Location that Spectrum cannot access, without any liability to Customer. (b) Installation Review. Spectrum may perform, either before or after acceptance of a Service Order, an installation review (including a review of Customer’s inside wiring) of each proposed Service Location prior to installation of the Services to determine the serviceability of such network location and/or the need to extend Spectrum’s facilities, fiber optic cable, electronics, or other equipment (collectively, the “Network”) to provide the Services at the Service Location. (c) Site Preparation. Customer shall be responsible for necessary preparations at the Service Location(s) for delivery and installation of Spectrum Equipment and the installation and ongoing provision of Services, including the relocation of Customer’s equipment, furniture, and furnishings as necessary to access the Spectrum Equipment or Services.

Item 1BB - Page 6
Enterprise Terms of Service v 230818 CONFIDENTIAL Page 3 of 40 © 2016-2023 Charter Communications, all rights reserved In addition, Customer shall provide Spectrum with floor space, rack space, other space, inside wiring, and clean power all as is reasonably necessary for the installation, operation, and delivery of Spectrum Equipment and Services at the Service Location(s). Customer shall not charge Spectrum, and shall ensure that Spectrum does not incur, any fees or expenses whatsoever in connection with Customer’s provision of space, power, inside wiring, or access as described herein, or otherwise in connection with Customer’s performance of its obligations pursuant to this section; and any such fees or expenses charged by any other end user accessing or using the Services (“End User”) shall be borne solely by Customer.

Any failure or refusal by Customer to be ready to receive Services shall not release Customer from its obligation to pay Service Charges (defined below) for any Services that would otherwise be available for Customer’s use. (d) Installation. Spectrum will schedule one or more installation visits with Customer. At Customer’s request, Spectrum may perform installation or maintenance on weekends or times other than during normal business hours; provided, however, Customer may be assessed reasonable, additional Service Charges based on Spectrum’s actual incurred labor, material or other costs for such non-routine installation or maintenance. Customer’s authorized representative must be present during installation.

If Spectrum is unable to install the Service as a result of (i) Customer’s (or any End User’s) failure to deliver any required materials, support or information to Spectrum; (ii) Customer’s (or any End User’s) failure to provide access to a Service Location; (iii) Spectrum’s inability to obtain access to equipment at the Service Location as necessary for installation of the Service, or (iv) Customer’s Equipment (as defined herein) being inadequate to interconnect with the Services, then Customer shall pay Spectrum a Service Charge at Spectrum’s then prevailing rates for any installation trip made by Spectrum and an additional Service Charge for each subsequent trip necessary to perform the Service installation. In addition, if Spectrum’s installation of the Service is delayed as a result of Customer’s actions or inactions as set forth above or if Customer is otherwise refusing or not ready to receive Services, then Spectrum will notify Customer that Spectrum is ready to finalize installation of the Services (the “Ready Notice”) and may begin invoicing Service Charges as set forth in Section 7 upon the earlier of the Billing Start Date or sixty (60) days after the date of the Ready Notice.

Customer shall perform interconnection of the Services and Spectrum Equipment with any Customer- provided or End User equipment (collectively, “Customer Equipment”), unless otherwise set forth in an Attachment or agreed in writing between the Parties, and shall conform its Customer Equipment and software, and ensure that each End User conforms its equipment and software, to the technical specifications for the Service provided by Spectrum. (e) Spectrum shall be responsible for reasonable restoration efforts necessary to address any displacement resulting from excavation and for those damages directly caused by Spectrum’s faulty workmanship or installation of the Service, provided that the boring of holes or insertion of fasteners through the surface of walls for attachment of peripheral equipment will not be deemed damages but rather part of normal workmanship. If the installation and maintenance of Services at the Service Locations is or becomes, in Spectrum’s sole opinion, hazardous or dangerous to Spectrum’s employees or Network, the public, or property, including without limitation due to the presence of asbestos or other hazardous materials, Spectrum may refuse to install and maintain such Service or stop providing Services until such time as the condition is remedied or an alternative Service Location is designated that is not hazardous or dangerous. Customer shall bear any additional costs incurred by Spectrum arising from any such hazardous or dangerous conditions. (f) Service Order Revisions and Cancellations. If, either before or after a Service Order is executed, or during the course of this Service Agreement, Spectrum determines that: (i) there is a lack of available service, facilities, or other items as detailed in Section 4, or the criteria outlined in Section 5 are not met; (ii) additional work is necessary to enable Spectrum to deliver the Services to the Service Location; (iii) access, transmission medium, equipment, adequate transmission capacity, services from or interconnection with the services or facilities of other providers, would require an additional cost or are unavailable; (iv) Customer’s inside wiring is causing signal leakage which violates the Federal Communications Commission’s guidelines; or (v) there is any other cause beyond Spectrum’s control that causes an adverse effect on Spectrum’s ability to provide the Service, then Spectrum may, at Spectrum’s sole discretion, either decline to accept or cancel a Service Order. Alternatively, Spectrum will notify Customer of any additional Service Charges in excess of the amounts previously specified in a quote or Service Order. If Spectrum notifies Customer that additional Service Charges will apply and if Customer does not agree to pay such Service Charges by executing a revised Service Order within five (5) business days of receiving the same, Customer and Spectrum shall each have the right to cancel the applicable Service or, if no Service Order has been executed, Spectrum has the right to decline to accept a pending Service Order.

6. EQUIPMENT.
(a) Equipment Responsibilities and Safeguards. Spectrum shall use commercially reasonable efforts to maintain and secure the Spectrum Equipment used by Spectrum to provide Services to Customer. Except as otherwise provided in this Service Agreement or any Service Order(s), Customer shall be responsible for the maintenance or repair of any cable, electronics, structures, equipment, or materials owned or provided by Customer. Customer shall not, and shall not cause any third party to, move, modify, disturb, alter, remove, relocate to another Service Location, install software on the Spectrum Equipment not provided by Spectrum, or otherwise tamper with any portion of the Spectrum Equipment without the prior consent of Spectrum. Customer shall be responsible for loss or damage to the Spectrum Equipment while at Customer's Item 1BB - Page 7
Enterprise Terms of Service v 230818 CONFIDENTIAL Page 4 of 40 © 2016-2023 Charter Communications, all rights reserved or an End User’s facilities. Customer shall also ensure that all Spectrum Equipment at Customer’s and End Users’ Service Location(s) remains free and clear of all liens and encumbrances. (b) Customer Security Responsibilities. Customer shall be responsible for all access to and use of the Service, including whether or not Customer has knowledge of or authorizes such access or use. Customer shall be responsible for the implementation of reasonable security measures and procedures with respect to use of and access to the Service Location, Service, and Spectrum Equipment. Customer shall secure and maintain any and all Customer Equipment, including, but not limited to, Private Branch Exchanges (including other non-Spectrum switches, collectively, “PBXs”), where applicable, and any applications accessible through use of Customer Equipment, and shall be solely responsible for any conduct through and any charges incurred on Customer’s Service account, regardless of whether such activity or charges are authorized by Customer management or involve fraudulent activity until such time as Customer informs Spectrum of any fraudulent or unauthorized access. Without limiting Customer’s responsibilities, Spectrum has the right to implement reasonable measures to track, manage, and secure the connection between any Customer Equipment or applications used by Customer, End Users, or any third party who accesses the Customer Equipment and the Spectrum Network, including without limitation authentication or other security access procedures. Spectrum may suspend any affected Services if Spectrum discovers or becomes aware of any breach or compromise of the security of any Customer Equipment, Service, Service Location, Spectrum Equipment, or connection to the Spectrum Network. (c) Equipment Return, Retrieval, Repair, and Replacement. Upon termination or expiration of this Service Agreement or Service Order(s) (“Termination”): Customer shall immediately cease all use of and promptly return, if applicable, to Spectrum any software or software services provided by Spectrum (“Software”). Additionally at the discretion and direction of Spectrum: (x) Customer shall return the Spectrum Equipment to Spectrum; (y) Customer shall allow Spectrum to retrieve the Spectrum Equipment, which Spectrum Equipment must be in the condition in which the Spectrum Equipment was originally received by Customer, subject to ordinary wear and tear; or (z) Spectrum may choose not to recover all or certain portions of the Spectrum Equipment at the Customer’s Location If, upon Spectrum’s request, Customer fails to return the Spectrum Equipment, or does not allow Spectrum to retrieve the Spectrum Equipment within fifteen (15) days after Services are terminated, Spectrum may, at its discretion charge Customer an amount equal to: (i) Spectrum’s then-applicable unreturned equipment charge, or the retail cost of replacement of the unreturned Spectrum Equipment; plus (ii) any and all costs and expenses incurred by Spectrum in obtaining or attempting to regain possession of the Spectrum Equipment. If applicable, Customer shall pay for the repair or replacement of any damaged Spectrum Equipment, except such repairs or replacements as may be necessary due to normal and ordinary wear and tear or material or workmanship defects. The proper disposition of any Spectrum Equipment that is not returned to, or recovered by, Spectrum will be the sole responsibility of Customer, and must be in accordance with applicable laws.

The foregoing Customer obligations will survive the termination of Service.

7. STANDARD PAYMENT TERMS. Customer shall pay recurring and non-recurring charges, taxes, and fees for the Services in the amount specified on the Service Order and other applicable charges as described in this Service Agreement (collectively, “Service Charges”).
(a) Charges. Spectrum invoices for monthly recurring charges specific to the Service(s) (“MRCs”), plus applicable taxes, fees, and surcharges, in advance on a monthly basis. Spectrum invoices for non-recurring, one-time charges (“OTCs”) for construction or installation charges after the Billing Start Date or as specified in the Service Order. All other charges, including usage-based charges (e.g., phone usage, pay-per view charges), will be invoiced monthly in arrears.

Service Charges are payable within thirty (30) days after the date appearing on the invoice. If Spectrum fails to present a Service Charge in a timely manner, such failure shall not constitute a waiver of the charges for the Services to which it relates, and Customer shall be responsible for and pay such Service Charges when invoiced in accordance with these payment terms. Spectrum shall have the right to increase MRCs for each Service after the Initial Order Term for such Service upon thirty (30) days’ notice to Customer.
(b) Taxes, Surcharges, and Fees. Customer shall pay all applicable taxes, fees, or surcharges imposed on or in connection with the Services that are the subject of this Service Agreement, including but not limited to applicable federal, state, and local sales, use, excise, telecommunications, or other taxes, franchise fees, federal and state universal service fund fees, and other state or local governmental charges or regulatory fees, excluding income taxes measured on Spectrum’s net income. If a Customer wishes to claim tax-exempt status, then Customer must supply Spectrum with a copy of Customer’s tax exemption certificate or other documentation supporting Customer’s certification of its entitlement to such exempt status within fifteen (15) days of installation of applicable Services. If Customer supplies such documentation after that time, Spectrum will apply it to Customer’s account on a prospective basis, allowing Spectrum at least thirty (30) days for processing. To the extent such documentation is held invalid for any reason, Customer agrees to pay or reimburse Spectrum for any tax or fee not collected or liability incurred, including without limitation related interest and penalties arising from Spectrum’s reliance on such invalid certificate or documentation.

Customer hereby consents that Spectrum may disclose such written documentation, which may include a tax exemption form, to any governmental authority. Tax-exempt status shall not relieve Customer of its obligation to pay applicable Item 1BB - Page 8
Enterprise Terms of Service v 230818 CONFIDENTIAL Page 5 of 40 © 2016-2023 Charter Communications, all rights reserved franchise fees or other non-tax fees and surcharges since the application of such fees and surcharges may not be governed by the tax standing of Customer. Spectrum reserves the right, from time to time, to change the surcharges for Services under this Service Agreement to reflect incurred costs, charges, or obligations imposed on Spectrum to the extent permitted, required, or otherwise not prohibited under applicable law (e.g., universal service fund charges). Furthermore, Spectrum shall have the right to collect or recover from Customer the amount of any state or local fees or taxes arising as a result of this Service Agreement, which are imposed on Spectrum or its services, or otherwise assessed or calculated based on Spectrum’s receipts from Customer that Spectrum is entitled under applicable law to pass through to or otherwise charge Customer for Customer’s use or receipt of the Services. Such fees or taxes shall be invoiced to Customer in the form of a surcharge included on Customer’s invoice.

To the extent that a dispute arises under this Service Agreement as to which Party is liable for fees or taxes, Customer shall bear the burden of proof in showing that the fee or tax is imposed upon Spectrum’s net income. This burden may be satisfied by Customer producing written documentation from the jurisdiction imposing the fee or tax indicating that the fee or tax is based on Spectrum’s net income. Customer acknowledges that currently, and from time to time, there is uncertainty about the taxability or regulatory classification of some of the Services Spectrum provides and, consequently, uncertainty about what fees, taxes and surcharges are due to or from Spectrum or from its customers. Customer agrees that Spectrum has the right to determine, in its sole discretion, what fees, taxes, and surcharges are due and to collect and remit them to the relevant governmental authorities, or to pay and pass them through to Customer. (c) Change Requests. Any charges associated with a Service, Spectrum Equipment or Customer Equipment installations, changes, or additions requested by Customer subsequent to executing a Service Order for the applicable Service Location are the sole financial responsibility of Customer. Spectrum shall notify Customer of any additional OTCs and/or adjustments to MRCs associated with or applicable to such Customer change requests prior to making any such change. Customer’s failure to accept such additional charges within five (5) business days of receiving such notice shall be deemed a rejection by Customer, and Spectrum shall not be required to perform any work giving rise to such charges.

For accepted charges, Customer shall be assessed such additional OTCs and/or adjustments of the MRCs either (i) in advance of implementation of the change request or (ii) beginning on Customer’s next and/or subsequent invoice(s). (d) Site Visits and Repairs. If Spectrum visits a Service Location to either inspect the Services or respond to a service request, and Spectrum reasonably determines that the cause of the service issue is not due to a problem arising from the Network or Spectrum Equipment, but rather is due to Customer misuse, abuse, or modification of the Services, Customer Equipment or facilities, or due to similar acts by a third party not under Spectrum’s control or direction, then Spectrum may invoice Customer at Spectrum’s then-prevailing commercial rates for an on-site visit, plus any charges for Spectrum Equipment repair or replacement as a result of Customer or third party damage that may be necessary. (e) Invoicing Disputes; Late and Collection Fees. Customer must provide notice to Spectrum of any disputed charges within sixty (60) days of the invoice date on which the disputed charges appear for Customer to receive any credit that may be due. Customer must present a reasonable basis for disputing any amount charged. Undisputed amounts not paid within thirty (30) days of the invoice date shall be past due and subject to a late fee up to the lesser of 1.5% of the MRC per month or the maximum amount permitted by law. If Services are suspended due to late payment, Spectrum may require that Customer pay all past due charges, a reconnect fee, and one or more MRCs in advance before reconnecting Services.

Spectrum may charge a reasonable service fee for all returned checks and bankcard, credit card or other charge card charge-backs. Customer shall be responsible for all expenses, including reasonable attorney's fees and collection costs, incurred by Spectrum in collecting any unpaid amounts due under this Service Agreement. (f) Credit Verification. Spectrum shall have the right to verify Customer’s credit standing at any time. (g) Bundled Pricing. If Customer has selected a bundled offer, meaning a discounted MRC for receiving more than one Service (“Bundle”), then the following conditions shall apply:
i. In consideration for Customer’s purchase of all Services in the Bundle, and only with respect to that period of time during which Customer continues to purchase the specific Services in such Bundle and during which such Bundle is in effect, the correlating discount to the Services in such Bundle, ordered pursuant to the Spectrum program governing such Bundle, will be reflected in the MRC for the respective Services. ii. Upon Termination by Customer, for any reason other than a Spectrum Default, of any Service component of the applicable Bundle, the pricing for the remaining Service(s) shall revert to Spectrum’s unbundled pricing for such Service(s) in effect at the time of Termination. Termination liability applicable to the Services under this Service Agreement shall otherwise remain unchanged.

8. ADMINISTRATIVE WEB SITE. Spectrum may, at its sole option, make one or more administrative web sites, including without limitation www.spectrum.net, available to Customer in connection with Customer’s use of the Services (each an “Administrative Web Site”). Spectrum may furnish Customer with one or more user identifications and/or passwords for use on the Administrative Web Site and Customer must promptly change any Spectrum-provided user Item 1BB - Page 9
Enterprise Terms of Service v 230818 CONFIDENTIAL Page 6 of 40 © 2016-2023 Charter Communications, all rights reserved identifications and passwords to a secure, Customer-designated user identification and password. Customer shall be responsible for the confidentiality and use of such user identifications and passwords, whether provided by Spectrum or designated by Customer, and any equipment or devices used to access any Administrative Web Site and shall immediately notify Spectrum if there has been an unauthorized release, use, or other compromise of any user identification or password.

In addition, Customer agrees that its authorized users shall keep confidential and not distribute any information or other materials made available by the Administrative Web Site. Customer shall be solely responsible for all use of the Administrative Web Site. Spectrum shall not be liable for any loss, cost, expense, or other liability arising out of any Customer use of the Administrative Web Site.

Spectrum may change or discontinue the Administrative Web Site, or Customer’s right to use the Administrative Web Site, at any time. Any additional terms and policies applicable to Customer’s use of the Administrative Web Site will be posted on the site.

9. SUPPORT. Spectrum shall provide contact information for inquiries and remote problem support for the Services.

All such Customer support shall be provided only to Customer’s designated personnel or as mutually agreed upon by Spectrum and Customer. Customer is responsible for all communications and support for its End Users. Customer shall provide routine operational support for Spectrum Equipment located at a Service Location, including without limitation, by performing reboots as requested by Spectrum. Customer is responsible for the installation, repair, and use of Customer Equipment, including without limitation, Customer-supplied third-party hardware, or software for the use of any Service or third party services.

Spectrum does not support third-party hardware or software used in conjunction with third-party services or supplied by Customer. Any questions concerning third-party hardware or software should be directed to the provider of that product.

Spectrum assumes no liability or responsibility for the installation, maintenance, compatibility or performance of third-party software, or any Customer Equipment or Customer-supplied software with the Services. If such third-party equipment or software impairs the Services, Customer shall continue to pay all applicable Service Charges. If, at Customer’s request, Spectrum should attempt to resolve difficulties caused by such third-party equipment or software, such efforts shall be performed at Spectrum’s discretion and subject to Service Charges as set forth in Section 7.

10. CUSTOMER REPRESENTATIONS AND OBLIGATIONS
(a) Representations. Customer represents and warrants to Spectrum that: (i) Customer has the authority to execute, deliver and carry out the terms of this Service Agreement, and (ii) its End Users and any person who accesses any Services at the Service Location, will use the Service and Network for Customer’s internal business purposes and will comply with the terms of this Service Agreement.
(b) No Reselling. Customer shall not re-sell or re-distribute (whether for a fee or otherwise) access to the Service(s) or system capacity, or any part thereof, in any manner other than for Customer’s internal business without the express prior consent of Spectrum, including without limitation, any use to provide services for the benefit of, or on behalf of, any third party other than Customer or its End Users.
(c) No Illegal Purpose or Unauthorized Access. Customer shall not use or permit End Users or third parties to use the Service(s), including the Spectrum Equipment and Software, for any illegal purpose, or to achieve unauthorized access to any computer systems, software, data, or other copyright or patent protected material. (d) No Interference. Customer shall not interfere with or cause technical difficulties for other customers’ use of equipment or Services or interfere with or disrupt the Spectrum Network, backbone, nodes, other Services, or third-party providers. Customer shall not install any equipment, including without limitation, any antenna or signal amplification system, at the Service Location that interferes with the Services. (e) Applicable Laws. With respect to Customer’s and End Users’ use of the Service (including the transmission or use of any content via the Service), Customer shall comply, and shall ensure that its End Users comply, with all applicable laws and regulations in addition to the terms of this Service Agreement. Spectrum shall have the right to audit Customer's use of the Service remotely or otherwise, to ensure compliance with this Service Agreement. (f) Acceptable Use. As between the Parties, Customer is solely responsible for (i) all use (whether or not authorized) of the Service by Customer, any End User or any unauthorized person or entity, which use shall be deemed Customer’s use for purposes of this Service Agreement, (ii) all content that is viewed, stored or transmitted via the Service, as applicable, and (iii) all third-party charges incurred for merchandise and services accessed via the Service, if any. Customer shall not use, or allow the Services to be used, in any manner that would violate the applicable Spectrum Acceptable Use Policies or that would cause, or be likely to cause, Spectrum to qualify as a “Covered 911 Service Provider” as defined in 47 C.F.R. §9.19 or any successor provision of the rules of the Federal Communication Commission.

For avoidance of doubt, Customer and Spectrum agree that any failure to satisfy the covenants set forth in the preceding sentence shall constitute a material breach of the Service Agreement.

11. PERFORMANCE. Unless otherwise set forth in an Attachment or service level agreement, Spectrum will use commercially reasonable efforts to provide the Services to Customer twenty-four (24) hours per day, seven (7) days per week. It is possible, however, that there will be interruptions of Service. The Service may be unavailable from time-to-time either for scheduled or unscheduled maintenance, technical difficulties, or for other reasons beyond Spectrum’s reasonable control. Temporary service interruptions or outages for such reasons, as well as service interruptions or outages caused by Customer, its agents and employees, or by a Force Majeure Event, shall not constitute a failure by Spectrum to perform its obligations under this Service Agreement.

12. MONITORING, EQUIPMENT UPGRADES AND NETWORK MODIFICATIONS. Spectrum has the right, but not the obligation, to upgrade, modify, and enhance the Spectrum Network and the Service and take any action that Spectrum deems appropriate to protect or improve the Service and its facilities. Spectrum shall have the right, but not the obligation, to monitor, record, and maintain oral communications with Customer regarding Customer’s account or Services for the purpose of service quality assurance, or as permitted under applicable law.

13. DEFAULT, SUSPENSION OF SERVICE, AND TERMINATION.
(a) Default. A Party shall be in default under this Service Agreement if it has failed to comply with the terms of this Service Agreement or any Service Orders, including without limitation the obligation to pay any amounts due, and such Party fails to correct each such noncompliance within thirty (30) days of receipt of notice from the non-defaulting Party describing in reasonable detail the default or noncompliance (“Default”). (b) Mutual Termination Rights. Either Party may terminate this Service Agreement or a Service Order if: (i) the other Party is in Default; or (ii) the other Party liquidates, is adjudicated as bankrupt, makes an assignment for the benefit of creditors, invokes any provision of law for general relief from its debts, initiates any proceeding seeking general protection from its creditors, or is removed or delisted from a trading exchange. (c) Termination for Convenience by Customer. Notwithstanding any other term or provision in this Service Agreement, Customer may terminate a Service Order, or this Service Agreement, at any time upon thirty (30) days prior notice to Spectrum, subject to payment of all outstanding amounts due, payment of any applicable Termination Charges (as defined below), and the return of any Spectrum Equipment.
(d) Spectrum’s Right to Suspend. Spectrum shall have the right, at its option, without prior notice, and in addition to any other rights of Spectrum expressly set forth in this Service Agreement and any other remedies it may have under applicable law to suspend Services or any component thereof if Customer fails to comply with any applicable laws or regulations or this Service Agreement, or if Customer or its End Users’ use of the Service is determined by Spectrum, in its sole discretion, to result in a material degradation of the Spectrum Network until Customer remedies any such noncompliance or degradation. Any suspension shall not affect Customer’s on-going obligation to pay Spectrum any amounts due under this Service Agreement. If Spectrum suspends any Service, Spectrum may require the payment of reconnect or other charges before restarting the suspended Service. (e) Termination Charges. Upon Termination, Customer must pay all Services Charges then due for Services provided through the effective date of Termination. In addition, if Termination is due to Customer Default or for Customer’s convenience, Customer must pay Spectrum a termination charge (a “Termination Charge”), which the Parties recognize as liquidated damages and not as a penalty.

This Termination Charge shall be equal to 100% of the unpaid balance of all Service Charges that would have been due throughout the applicable Order Term, including, without limitation, the outstanding balance of any and all unpaid OTCs.

The foregoing terms will also apply to any partial Termination impacting one or more Service Orders, but not the entire Service Agreement.
(f) Survival. The provisions of sections 6(c), 7(b), 7(e), 13(e), 13(f), 14, 15, 18-22 and the Attachments shall survive the termination or expiration of the Service Agreement.

14. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.
(a) DISCLAIMER OF WARRANTY. CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE

SERVICE AND SPECTRUM EQUIPMENT, AND USES THE SAME AT ITS OWN RISK, AND FOR ACCESS TO AND SECURITY OF CUSTOMER’S EQUIPMENT AND CUSTOMER’S NETWORK. SPECTRUM EXERCISES NO CONTROL

OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE APPLICATIONS OR CONTENT TRANSMITTED OR

ACCESSIBLE THROUGH THE SERVICE AND SPECTRUM EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH APPLICATIONS OR CONTENT.

EXCEPT AS SPECIFICALLY SET FORTH IN THIS SERVICE AGREEMENT, THE SERVICE, SPECTRUM EQUIPMENT, AND ANY SPECTRUM MATERIALS ARE PROVIDED “AS IS, WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY, OR Item 1BB - Page 11
Enterprise Terms of Service v 230818 CONFIDENTIAL Page 8 of 40 © 2016-2023 Charter Communications, all rights reserved FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY SPECTRUM, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. SPECTRUM DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, PREVENT

UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE, ERROR FREE, WITHOUT

DEGRADATION OF VOICE QUALITY OR WITHOUT LOSS OF CONTENT, DATA OR INFORMATION, OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. EXCEPT AS SET FORTH IN THE SERVICE

AGREEMENT, SPECTRUM DOES NOT WARRANT THAT ANY SERVICE OR EQUIPMENT PROVIDED BY SPECTRUM WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH, OR THROUGHPUT RATE. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE SERVICE MAY NOT BE SECURE.

CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY DATA, MATERIAL OR TRAFFIC OF ANY KIND

WHATSOEVER CARRIED, UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S OR ANY END USER’S EQUIPMENT OR LOSS OF SUCH DATA, MATERIAL OR TRAFFIC DURING, OR RESULTING FROM, CUSTOMER’S OR ANY END USER’S USE OF THE

SERVICE, INCLUDING, WITHOUT LIMITATION, VIA SENDING OR RECEIVING, UPLOADING OR DOWNLOADING, OR OTHER TRANSMISSION OF SUCH DATA, MATERIAL OR TRAFFIC. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT SPECTRUM’S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO

CUSTOMER UNDER THIS SERVICE AGREEMENT, AND SPECTRUM DOES NOT MAKE ANY WARRANTIES ON

BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS SERVICE AGREEMENT, EXPRESS OR IMPLIED,

INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT,

TITLE, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT.
(b) LIMITATION OF LIABILITY. WITHOUT LIMITING ANY EXPRESS PROVISIONS OF THIS SERVICE

AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER, ANY END USER, OR ANY THIRD PARTY FOR

ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, RELIANCE, OR PUNITIVE DAMAGES (INCLUDING LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING IN CONNECTION WITH THIS

SERVICE AGREEMENT OR THE PROVISION OF SERVICES, INCLUDING ANY SERVICE IMPLEMENTATION DELAYS

OR FAILURES, UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY,

MISREPRESENTATION, OR NEGLIGENCE, EVEN IF THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY OF CUSTOMER’S PAYMENT OBLIGATIONS UNDER THIS SERVICE AGREEMENT. SPECTRUM’S MAXIMUM

LIABILITY TO CUSTOMER WITH REGARD TO ANY SERVICE ORDER SHALL NOT EXCEED THE AMOUNT,

EXCLUDING OTCS, PAID OR PAYABLE BY CUSTOMER TO SPECTRUM FOR THE APPLICABLE SERVICE ORDER IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. SPECTRUM

SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES ARISING AS A RESULT OF THE UNAVAILABILITY OF THE SERVICE, INCLUDING THE INABILITY TO REACH 911 OR ANY OTHER EMERGENCY SERVICES, THE

INABILITY TO CONTACT A SECURITY SYSTEM OR REMOTE MEDICAL OR OTHER MONITORING SERVICE

PROVIDER OR ANY FAILURE OR FAULT RELATING TO CUSTOMER-PROVIDED EQUIPMENT, FACILITIES, OR SERVICES.

15. INDEMNIFICATION.

15.1 CUSTOMER INDEMNIFICATION. Unless prohibited under applicable law, Customer at its own expense, shall indemnify, defend, and hold harmless Spectrum, its affiliates, service providers, and suppliers, and their directors, employees, representatives, officers and agents (the “Indemnified Parties”) against any and all third party claims, liabilities, lawsuits, damages, losses, judgments, costs, fees and expenses incurred by Indemnified Parties, including reasonable attorney and other professional fees and court costs incurred by Indemnified Parties, to the full extent that such arise from or relate to any one or more of the following:
(a) Customer’s misuse of the Services;
(b) Customer’s failure to comply with any applicable law, order, rule, regulation or ordinance or this Service Agreement; or
(c) Personal injury or tangible property damage caused by Customer’s or its employees’ or agents’ negligence or willful misconduct.

15.2 SPECTRUM INDEMNIFICATION. Spectrum shall indemnify and defend the Customer and its directors, officers, agents and employees, from and against third party claims, liabilities, damages and expenses, including reasonable attorneys’ and other professionals’ fees, for bodily injury or tangible property damage directly caused by the gross negligence or willful misconduct of Spectrum, its employees or contractors, at the Service Location(s) as a direct result from Spectrum’s installation, removal or maintenance of the Spectrum Equipment.

Item 1BB - Page 12
Enterprise Terms of Service v 230818 CONFIDENTIAL Page 9 of 40 © 2016-2023 Charter Communications, all rights reserved Indemnified Parties shall have the right but not the obligation to participate in the defense of the claim, at the indemnified party’s cost.

16. COMPLIANCE WITH LAWS. As between the Parties, Spectrum shall obtain and maintain at its own expense all licenses, approvals and regulatory authority required by law with respect to Spectrum’s operation and provision of the Services as contemplated in the Service Agreement, and Customer shall obtain and maintain at its own expense all licenses, approvals and regulatory authority required by law with respect to Customer’s use of the Services as contemplated in the Service Agreement.

Unless specified otherwise in the Service Agreement, each Party shall give all notices, pay all fees and comply with all applicable laws, ordinances, rules and regulations relating to its performance obligations specified in the Service Agreement.

The Service Agreement is subject to all applicable federal, state, or local laws and regulations in effect in the relevant jurisdiction(s) in which Spectrum provides the Services. If any provision of the Service Agreement contravenes or conflicts with any such law or regulation, then the terms of such law or regulation shall take priority over the relevant provision of the Service Agreement. If the relevant law or regulation applies to some but not all the Services being provided under the Service Agreement, then such law or regulation shall take priority over the relevant provision of the Service Agreement only for purposes of those Services to which the law or regulation applies. Except as explicitly stated in the Service Agreement, nothing contained in the Service Agreement shall constitute a waiver by Spectrum of any rights under applicable laws or regulations pertaining to the installation, construction, operation, maintenance, or removal of the Services, facilities or equipment.

17. REGULATORY CHANGES. In the event of any change in applicable law, regulation, decision, rule or order, including without limitation any new application of or increase in any government- or quasi-government-imposed fees or charges that increases the costs or other terms of Spectrum’s delivery of Service to Customer, or, in the event of any increase in pole attachment or conduit charges applicable to any facilities used by Spectrum in providing the Services, Customer acknowledges and agrees that Spectrum may pass through to Customer any such increased fees or costs, but only to the extent of the actual increase. Spectrum shall use commercially reasonable efforts to notify Customer at least thirty (30) days in advance of the increase. In such case, and if such increase materially increases the Service Charges payable by Customer under the Service Agreement for the applicable Service, Customer may, within thirty (30) days after notification of such increase, terminate the affected Service without an obligation to pay Termination Charges, provided Customer notifies Spectrum at least thirty (30) days in advance of Customer’s requested termination date. Further, in the event that Spectrum is required to file tariffs or rate schedules with a regulatory agency or otherwise publish or make generally available its rates in accordance with regulatory agency rules or policies respecting the delivery of the Services or any portion thereof, then the terms set forth in the applicable tariff or rate schedule shall govern Spectrum’s delivery of, and Customer’s use or consumption of the Services. In addition, if Spectrum determines that offering or providing the Services, or any part thereof, has become impracticable for legal or regulatory reasons or circumstances, then Spectrum may terminate the Service Agreement and any affected Service Orders without liability, by giving Customer thirty (30) days prior notice or any such notice as is required by law or regulation applicable to such determination.

18. ARBITRATION. This Service Agreement requires the use of arbitration to resolve disputes and otherwise limits the remedies available to Customer in the event of a dispute. Unless prohibited by law, and subject to the “Exclusions” paragraph below, Spectrum and Customer agree to arbitrate disputes and claims arising out of or relating to this Service Agreement, the Services, the Spectrum Equipment, Network, or marketing of the Services. Notwithstanding the foregoing, either Party may bring an individual action on any matter or subject in small claims court. The arbitrator of any dispute or claim brought under or in connection with this Service Agreement shall not have the power to award injunctive relief, which may only be sought in an appropriate court of law. No claim subject to arbitration under this Service Agreement may be combined with a claim subject to resolution before a court of law. THIS SERVICE AGREEMENT MEMORIALIZES A TRANSACTION IN INTERSTATE COMMERCE. THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE ARBITRATION PROVISIONS.
(a) A Party who intends to seek arbitration must first send to the other a written notice of intent to arbitrate, entitled “Notice of Intent to Arbitrate” (“Notice”). The Notice to Spectrum should be addressed to: VP and Associate General Counsel, Litigation, Charter Communications, 12405 Powerscourt Drive, St. Louis, MO 63131 (“Arbitration Notice Address”).

The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If the Parties do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, Customer or Spectrum may commence an arbitration proceeding, in which all issues are for the arbitrator to decide (including the scope of the arbitration clause), but the arbitrator shall be bound by the terms of this Service Agreement. The arbitration shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Service Agreement, and the arbitration shall be administered by the AAA. The AAA Rules and fee information are available at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Arbitration Notice Address.

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Enterprise Terms of Service v 230818 CONFIDENTIAL Page 10 of 40 © 2016-2023 Charter Communications, all rights reserved (b) EACH PARTY SHALL BEAR THE COST OF ANY ARBITRATION FILING FEES AND ARBITRATOR’S FEES

THAT SUCH PARTY INCURS INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES OR EXPERT WITNESS COSTS UNLESS OTHERWISE REQUIRED UNDER APPLICABLE LAW. If the arbitrator’s award exceeds $75,000, either Party may appeal such award to a three-arbitrator panel administered by the AAA and selected according to the AAA Rules, by filing a written notice of appeal within thirty (30) days after the date of entry of the arbitration award. The appealing Party must provide the other Party with a copy of such appeal concurrently with its submission of the appeals notice to AAA. The three-arbitrator panel must issue its decision within one hundred twenty (120) days of the date of the appealing Party’s notice of appeal.

The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which may exist under the Federal Arbitration Act. The Parties may agree that arbitration will be conducted solely on the basis of the documents submitted to the arbitrator, via a telephonic hearing, or by an in-person hearing as established by AAA rules. Unless Spectrum and Customer agree otherwise in writing, all hearings conducted as part of the arbitration shall take place in the Borough of Manhattan, City of New York.
(c) CUSTOMER AGREES THAT, BY ENTERING INTO THIS SERVICE AGREEMENT, CUSTOMER AND SPECTRUM ARE WAIVING THE RIGHT TO A TRIAL BY JUDGE OR JURY. CUSTOMER AND SPECTRUM AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN CUSTOMER’S INDIVIDUAL CAPACITY AND NOT ON BEHALF OF, OR AS PART OF, A CLASS ACTION OR REPRESENTATIVE PROCEEDING. Furthermore, unless both Customer and Spectrum agree otherwise in writing, the arbitrator may not consolidate proceedings or more than one person’s claims and may not otherwise preside over any form of representative or class proceeding. (d) Severability. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN THE EVENT SOME OR ALL OF

THESE ARBITRATION PROVISIONS IS DETERMINED TO BE UNENFORCEABLE FOR ANY REASON, OR IF A CLAIM

IS BROUGHT THAT IS FOUND BY A COURT TO BE EXCLUDED FROM THE SCOPE OF THESE ARBITRATION

PROVISIONS, BOTH PARTIES AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY. For purposes of the foregoing sentence only, in the event such waiver is found to be unenforceable, it shall be severed from this Service Agreement, rendered null and void and of no further effect without affecting the rest of the arbitration provisions set forth herein.
(e) EXCLUSIONS. CUSTOMER AND SPECTRUM AGREE THAT THE FOLLOWING CLAIMS OR DISPUTES SHALL NOT BE SUBJECT TO ARBITRATION:
i. ANY INDIVIDUAL ACTION BROUGHT BY CUSTOMER OR BY SPECTRUM ON ANY MATTER OR SUBJECT THAT IS WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS. ii. ANY DISPUTE OVER THE VALIDITY OF ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS. iii. ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE.

19. PROPRIETARY RIGHTS AND CONFIDENTIALITY.
(a) Spectrum’s Proprietary Rights. All materials including, but not limited to, any Spectrum Equipment (including related firmware), software, data and information provided by Spectrum, any identifiers or passwords used to access the Service or otherwise provided by Spectrum, and any know-how, methodologies or processes including, but not limited to, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto, used by Spectrum to provide the Service (collectively “Spectrum Materials”) shall remain the sole and exclusive property of Spectrum or its suppliers and shall not become a fixture to the Service Location. Customer shall acquire no title to, interest or right (including intellectual property rights) in the Spectrum Materials by virtue of the payments provided for herein other than the limited, non-exclusive, and non-transferable license to use the Spectrum Materials solely for Customer's use of the Service. Customer may not disassemble, decompile, reverse engineer, reproduce, modify, or distribute the Spectrum Materials, in whole or in part, or use them for the benefit of any third party.

Customer shall not cause or permit the disabling or circumvention of any security mechanism contained in or associated with the Services. All rights in the Spectrum Materials not expressly granted to Customer herein are reserved to Spectrum or its suppliers. Customer shall not open, alter, misuse, tamper with, or remove the Spectrum Equipment or Spectrum Materials as and where installed by Spectrum, and shall not remove any markings or labels from the Spectrum Equipment or Spectrum Materials indicating Spectrum (or its suppliers) ownership or serial numbers. (b) Confidentiality. Customer agrees to maintain in confidence, and not to disclose to third parties or use, except for such use as is expressly permitted herein, the Spectrum Materials and any other information and materials provided by Spectrum in connection with this Service Agreement, including but not limited to the contents of this Service Agreement and any Service Orders. Customer may not issue a press release, public announcement or other public statements regarding the Service Agreement without Spectrum’s prior consent.

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Enterprise Terms of Service v 230818 CONFIDENTIAL Page 11 of 40 © 2016-2023 Charter Communications, all rights reserved (c) Software. If Software is provided to Customer hereunder, Spectrum grants Customer a limited, non-exclusive, and non-transferable license to use such Software, in object code form only, for the sole and limited purpose of using the Services for Customer’s internal business purposes during the Term. Customer shall not copy, reverse engineer, decompile, disassemble, translate, or attempt to learn the source code of any Software. Upon termination of a Service Order, the license to use any Software provided by Spectrum to Customer in connection with the Services provided under the Service Order shall terminate and Customer shall destroy any copies of the Software provided to Customer.

20. PRIVACY. Spectrum maintains a Privacy Policy that provides consumers with notice of Spectrum’s collection, use, maintenance, and disclosure of information, and their rights and choices with respect to such practices under applicable U.S. state and/or federal laws and regulations. The Privacy Policy may be found on Spectrum’s website at https://enterprise.spectrum.com/. The Privacy Policy may be updated or modified from time-to-time by Spectrum, with or without notice to Customer. Customer’s privacy interests, including Customer’s ability to limit disclosure of certain information to third parties, may be addressed by, among other laws, the Federal Telecommunications Act, the Federal Cable Communications Act, the Electronic Communications Privacy Act, and, to the extent applicable, state laws and regulations. Customer proprietary network information and personally identifiable information that may be collected, used or disclosed in accordance with applicable laws is described in an Attachment, the Privacy Policy, and, if applicable, in Spectrum’s tariff, which are incorporated into, and made a part of, this Service Agreement by this reference. In addition to the foregoing, Customer hereby acknowledges and agrees that Spectrum may disclose Customer's and its employees' personally identifiable information as required by law or regulation, or the American Registry for Internet Numbers or any similar agency, or in accordance with the Privacy Policy or, if applicable, tariff(s). In addition, Spectrum shall have the right (except where prohibited by law), but not the obligation, to disclose any information to protect its rights, property or operations, or where circumstances suggest that individual or public safety is in peril.

21. NOTICES.
(a) Except for notice to terminate the Service Agreement or to disconnect any Services as set forth in Section 21(b) below, all other notices to be given under this Service Agreement shall be validly given or served only if in writing and sent by nationally recognized overnight delivery service or certified mail, return receipt requested, to the following addresses If to Spectrum:

Charter Communications Operating, LLC
ATTN: Commercial Customer Agreements
Corporate - Legal Operations
12405 Powerscourt Drive
St. Louis, MO 63131
Notices to Customer shall be sent to the Customer billing address or as set forth in the Service Agreement. Each Party may change its respective address(es) for legal notice by providing notice to the other Party. Upon Spectrum’s request, Customer will also provide Spectrum with a current email address that Customer regularly checks so that Spectrum may provide copies of notices and other communications to Customer by email. (b) Disconnect Notice. Customer may disconnect a Service or all Services under the Services Agreement by following the instructions available at this link: https://enterprise.spectrum.com/support/faq/account/how-to-cancel-service.html (such instructions in the link may be updated from time to time).

22. MISCELLANEOUS.
(a) Entire Agreement. This Service Agreement, including without limitation all Attachments, incorporated documents and any executed Service Orders constitute the entire agreement and understanding between the Parties with respect to the subject matter hereof. This Service Agreement supersedes all prior understandings, promises, and undertakings, if any, made orally or in writing by or on behalf of the Parties with respect to the subject matter of this Service Agreement, including without limitation any prior confidentiality or non-disclosure agreement between the Parties regarding the purchase and sale of the Services.

If after notice Spectrum is able to verify such material adverse effect but is unable to reasonably mitigate the impact on such Services, then Customer may terminate the impacted Services and Service Order(s) without further obligation to Spectrum beyond the termination date, including Termination Charges, if any, as its sole and exclusive remedy.

Customer should also consult Spectrum’s website https://enterprise.spectrum.com/ to be sure Customer is aware of Spectrum’s Acceptable Use Policies, Network Management Practices, applicable tariffs, online product descriptions, and other policies or practices that are applicable to Customer’s use of the Services (collectively “Policies”). Customer’s use of the Services shall be deemed acknowledgment that Customer has read and agreed to Spectrum’s Policies as a part of this Service Agreement.

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Enterprise Terms of Service v 230818 CONFIDENTIAL Page 12 of 40 © 2016-2023 Charter Communications, all rights reserved (b) Signatures; Electronic Transactions. This Service Agreement may be executed in one or more counterparts, each of which is an original, but together constituting one and the same instrument. Execution of a facsimile or other electronic copy will have the same force and effect as execution of an original, and a facsimile or electronic signature will be deemed an original and valid signature. The Parties agree to conduct business using electronic means including using electronic records and electronic signatures, except as provided with respect to notices in Section 21. (c) Order of Precedence. Each Service shall be provisioned pursuant to the terms and conditions of this Service Agreement. In the event that Spectrum permits Customer to use its own standard purchase order form to order the Service, the Parties hereby acknowledge and agree that the terms and conditions hereof shall prevail notwithstanding any variance with the terms and conditions of any purchase order submitted by Customer, and any different or additional terms contained in such purchase order shall have no force or effect. To the extent that the terms of the Service Agreement or any Service Order are inconsistent with the terms of any applicable tariff, the tariff shall control.

To the extent that the terms of any Service Order are inconsistent with the terms of these Terms of Service, the Terms of Service shall control, excluding pricing discounts, nonrecurring fees, or order fulfillment timing terms to the extent permissible under applicable law set forth in the Service Order that shall control. (d) No Assignment or Transfer. Customer may not assign or transfer (directly or indirectly by any means, including by operation of law or otherwise) this Service Agreement and the associated Service Order(s), or their rights or obligations hereunder to any other entity without first obtaining consent from Spectrum, and any assignment or transfer in violation of this Section shall be null and void. Spectrum may assign its rights and obligations under this Service Agreement, in whole or in part, and any Service Order(s) to affiliates controlling, controlled by or under common control with Spectrum, or to its successor-in-interest if Spectrum sells some or all of the underlying communications system(s) without the prior approval of or notice to Customer. Customer understands and agrees that, regardless of any such assignment, the rights and obligations of Spectrum in the Service Agreement may accrue to, or be fulfilled by, any affiliate, as well as by Spectrum or its subcontractors.
(e) Severability. To the extent any term, covenant, condition or portion of this Service Agreement is held to be invalid or unenforceable, the remainder of this Service Agreement shall not be affected and each remaining term, covenant or condition shall be valid and enforceable to the fullest extent permitted by law as nearly as possible to reflect the original intentions of the Parties.
(f) Force Majeure. Notwithstanding anything to the contrary in the Service Agreement, neither Party shall be liable to the other for any delay, inconvenience, loss, liability or damage resulting from any failure or interruption of Services, directly or indirectly caused by circumstances beyond such Party’s control, including but not limited to denial of use of poles or other facilities of a utility company, labor disputes, acts of war or terrorism, criminal, illegal or unlawful acts, weather, fire, flood, natural causes, mechanical or power failures, fiber cuts, governmental acts or any order, law or ordinance in any way restricting the operation of the Services (each a “Force Majeure Event”). Changes in economic, business, or competitive conditions shall not be considered a Force Majeure Event. (g) Governing Law; Claims Limitation; Waiver of Jury Trial. The law of the State of California shall govern the construction, interpretation, and performance of this Service Agreement, except that any conflicts-of-law principles of such state that would result in the application of the law of another jurisdiction shall be disregarded. Any legal action brought under or in connection with the subject matter of the Service Agreement shall be brought only in the United States District Court for the Central District of California or, if such court would not have jurisdiction over the matter, then only in a California court sitting in Orange County, California.

Each party submits to the exclusive jurisdiction of these courts and agrees not to commence any legal action under or in connection with the subject matter of the Service Agreement in any other court or forum. Each Party waives any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of the Service Agreement in the Federal or state courts sitting in the State of California and agrees not to plead or claim in such courts that any such action has been brought in an inconvenient forum.

Except as otherwise specified in Section 7(e), any claim that Customer wishes to assert under the Service Agreement must be initiated not later than one (1) year after the claim arose. IN ANY AND ALL CONTROVERSIES OR CLAIMS ARISING

OUT OF OR RELATING TO THIS SERVICE AGREEMENT, ITS NEGOTIATION, ENFORCEABILITY OR VALIDITY, OR

THE PERFORMANCE OR BREACH THEREOF OR THE RELATIONSHIPS ESTABLISHED HEREUNDER, CUSTOMER AND SPECTRUM EACH HEREBY WAIVES ITS RIGHT, IF ANY, TO TRIAL BY JURY. (h) No Third-Party Beneficiaries. The terms of this Service Agreement and the Parties’ respective performance of obligations as described are not intended to benefit any person or entity not a Party to this Service Agreement, and the consideration provided by each Party hereunder only runs to the respective Parties, and no person or entity not a Party to this Service Agreement shall have any rights hereunder nor the right to require performance of obligations by either of the Parties.

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Enterprise Terms of Service v 230818 CONFIDENTIAL Page 13 of 40 © 2016-2023 Charter Communications, all rights reserved (i) Waiver. Except as otherwise provided herein, the failure of Spectrum to enforce any provision of this Service Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. To be legally binding on Spectrum, any waiver must be in writing. (j) Remedies Cumulative and Nonexclusive. Unless stated otherwise herein, all rights and remedies of the Parties under this Service Agreement shall be cumulative, nonexclusive and in addition to, but not in lieu of, any other rights or remedies available to the Parties whether provided by law, in equity, by statute or otherwise. The exercise of any right or remedy does not preclude the exercise of any other rights or remedies.

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Enterprise Terms of Service v 230818 CONFIDENTIAL Page 14 of 40 © 2016-2023 Charter Communications, all rights reserved Attachment A
Spectrum Business TV and Enterprise TV Service
(collectively, “TV Service”)
Spectrum Business TV Service. Spectrum Business TV Service includes television programming services, including the package of channels and music programming as designated in a Service Order. Customer must notify Spectrum if Customer’s use of the Service will be for private or public viewing. If specified in the Service Order, Spectrum will provide to private-view Customers premium programming such as HBO, Showtime, TMC, Cinemax, STARZ, Encore, or MGM+, or Customer premise equipment such as DVRs (collectively, “Premium Services”).

Spectrum Enterprise TV Service. Spectrum Enterprise shall provide the customized multi-channel video programming service (“Enterprise TV Service”) to Customer’s Service Location(s) identified in a Service Order. Enterprise TV Service includes Government TV, Healthcare TV, Hospitality TV, and Education/University TV. Enterprise TV Service includes the channel line-up and those premium and other pay-per-view, video-on-demand, or any visual content as mutually agreed upon in the Service Order. If specified in the Service Order, Spectrum will provide Premium Services to Customer.

1. Music Programming. Customer is responsible for and must secure any music rights and/or pay applicable fees required by the American Society of Composers, Authors & Publishers, Broadcast Music, Inc., and SESAC, Inc. or their respective successors, and any other entity, person or governmental authority from which a license is necessary or appropriate relating to Customer's transmission, retransmission, communication, distribution, performance or other use of the Services. Customer shall not, and shall not authorize or permit any other person to, do any of the following unless Customer has obtained a then-current music license permitting such activity: (i) charge a cover charge or admission fee to any Service Location(s) at the time the TV Service is being displayed or are to be displayed; or (ii) permit dancing, skating or other similar forms of entertainment or physical activity in conjunction with the performance of the TV Service.

2. Spectrum Equipment. Spectrum owns and shall at all times have the exclusive right to access, control, maintain, upgrade, use and operate its TV Service, Network, and Spectrum Equipment, except for (i) any video display terminals (“Connections”) or inside wiring owned and maintained by Customer or a third party, and (ii) any conduit, risers, raceways or other spaces where the Network or Spectrum Equipment is located that are owned by Customer or a third party, in which case (as between Customer and Spectrum) Customer shall own such items and Customer hereby grants to Spectrum the non-exclusive right to access and use such space during the Order Term as provided in the Service Agreement. The inside wiring and Connections shall be provided and installed by Customer, at its sole expense, in consultation with Spectrum and any specifications provided by Spectrum to Customer in writing. Spectrum shall not be responsible for an outage that may be due to a fault or failure with respect to any inside wiring, Connections or any systems, equipment or facilities of Customer or any third party, including but not limited to, instances where such outage is due to the Customer’s failure to promptly provide Spectrum with access to the Service Location to inspect, monitor, repair, and/or replace the TV Service or Spectrum Equipment. If changes in technology require the use of specialized equipment to continue to receive Spectrum Business TV Service, Spectrum shall provide such Spectrum Equipment, and Customer shall pay for such Spectrum Equipment at the same rate charged by Spectrum to commercial customers in the same service area as the Service Location.

3. Provision of Service. Spectrum may, in its discretion, preempt, rearrange, delete, add, discontinue, modify or otherwise change any or all of its advertised programming including, without limitation, packaging of, channel line-ups applicable to, and/or distribution of its TV Service. Spectrum may make certain TV Service available via mobile applications or third party hardware to Customer and its End Users, which may be subject to additional terms and conditions.

4. Restrictions. Customer shall take all necessary precautions to ensure that the TV Service is received only by authorized parties, and that no part of the TV Service is received at any other location, including but not limited to locations where an admission fee, cover charge, minimum or like sum is charged. Customer shall not and shall not authorize or permit any other person to (i) copy, record, dub, duplicate, alter, make or manufacture any recordings or other reproductions of the TV Service (or any part thereof); (ii) transmit the TV Service by any television or radio broadcast or by any other means or use the TV Service outside the Service Location; (iii) move the TV Service to another location after installation; or (iv) insert any commercial announcements into the TV Service or interrupt any performance of the TV Service for the making of any commercial announcements. Customer acknowledges that such duplication, reproduction or transmission may subject Customer to criminal penalties and/or civil liability and damages under applicable copyright and/or trademark laws. TV Service is available for use at commercial establishments and other non-residential buildings (such as a bar, restaurant, hospital, or commercial building). In commercial establishments with public viewing, only the TV Service lineup(s) that is approved for public viewing may be used. Customer may not order or request pay-per-view (PPV) programming for receipt, exhibition or taping in a commercial establishment; or exhibit nor assist in the exhibition of PPV programming in a commercial establishment unless explicitly authorized to do so by agreement with an authorized program provider and subject to Spectrum’s prior written consent.

5. Service Inspection. Customer shall permit Spectrum reasonable access to the Service Locations to inspect the Service Location at periodic intervals as needed to ascertain, among other things, the number of television outlets receiving the TV Service, or verify the estimated viewing occupancy. If any Spectrum inspection reveals that Customer's usage of the TV Service exceeds Customer's rights under the Service Agreement or Service Order and without abrogating or otherwise affecting Spectrum’s right to consider such activity a breach of the Service Agreement, Customer shall pay Spectrum an amount equal to one and a half times the MRCs that would have been due for such excessive usage as liquidated damages and not as a penalty. In addition, Customer shall either discontinue any excess usage or thereafter continue to pay the applicable MRCs for such additional usage or Spectrum may, in its discretion, suspend or disconnect a TV Service.

6. Noninterference. Customer shall not interfere with, alter or substitute any of the programs, information or content offered as part of the TV Service, which are transmitted over any of the channels provided hereunder without the prior written consent of Spectrum. Under no circumstances shall Customer have any right to encode, alter, reformat, delete or otherwise modify the TV Service, including without limitation delivery method and any programming contained within the TV Service, without the express written consent of Spectrum. The limitations of this paragraph shall not apply to formatting of programming for Enterprise TV Service as agreed by Spectrum and Customer.

7. Charges. Notwithstanding anything to the contrary in the Service Agreement, the MRCs set forth in a Service Order for TV Service: (i) do not include applicable taxes, regulatory fees, franchise fees or public access fees; and (ii) are subject to change in accordance with commercial rate increases applied to commercial customers.

8. End User Support. Customer shall provide all first level contact and support to its authorized users relating to the Network, Spectrum Equipment, Connections, Customer-provided equipment, and Enterprise TV Service. In the event of any disruption, failure, or degradation of the Enterprise TV Service lasting for twenty-four (24) consecutive hours or more, Customer shall use all reasonable efforts to diagnose the cause of the Enterprise TV Service impacting event. If the Enterprise TV Service impacting event is reasonably determined to be caused by the signal delivered by Spectrum, Customer shall contact the designated Spectrum technical support contact for resolution.

9. Set Back Box. Customer’s use of the Set Back Box Product (“SBB”) available as part of the Enterprise TV Service (the “SBB Offering”) is subject to the following additional terms and conditions:
(a) Notwithstanding Section 2 above, Spectrum shall install and program all Connections for the SBB Offering.

Customer shall ensure the availability of Connections that are compatible with the SBB Offering including, without limitation, the provision and use of appropriate tuners and Connections having HDTV compatibility. (b) If Customer desires for the front desk portal and the TV user interface associated with the SBB Offering to be cobranded (with Spectrum’s and Customer’s brands), then Customer shall provide Spectrum Enterprise a copy of Customer’s logo in accordance with Spectrum’s technical specifications and hereby grants Spectrum a right and license to use such logo for purposes of such co-branding.

10. SpectrumU and Spectrum Enterprise TV Streaming Access (TVSA). SpectrumU and Spectrum Enterprise TV Streaming Access (available through an app named “Spectrum Enterprise TV” and the website spectrumenterpriseTV.com) are online video services (which are collectively referred to herein as the “Apps”) that are accessible via a compatible browser or supported digital media streaming device that permits authorized users to stream video content while connected to Customer’s network. Spectrum Apps may not be available through all application stores. (a) Many factors outside of Spectrum’s control affect the quality of service experienced by Customer and its authorized users, including without limitation, the quality and utilization of Customer’s network, service attacks, and the authorized user’s device.
(b) Customer acknowledges that Spectrum requires Customer’s authorized users to accept separate end user license terms prior to using or downloading either of the Apps. (c) Spectrum may require that authorized users update the Apps from time-to-time in order to continue use of the Apps.

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Enterprise Terms of Service v 230818 CONFIDENTIAL Page 16 of 40 © 2016-2023 Charter Communications, all rights reserved Attachment B
Spectrum Business Voice Service, PRI/SIP Trunking Service (collectively “Voice Services”)
Spectrum Hosted Voice, Hosted Voice for Hospitality, Hosted Call Center, and Unified Communications (collectively, “Hosted Communications Services”) DESCRIPTION OF SERVICES:

1. Voice Services.
(a) Spectrum Business Voice Service. If Customer selects to receive Spectrum Business Voice Service, Customer will receive voice service consisting of one or more lines or connections and a variety of features, as described more fully below and in the applicable Service Order.
(b) SIP Trunking Service: If Customer selects to receive the SIP Trunking Service, Customer will receive voice and call processing services via eight or more concurrent call paths using a Session Initiation Protocol (“SIP”) connection to the Customer’s private branch exchange (including any non-Spectrum switch, collectively, “PBX”) or other Customer Equipment, and a variety of features, as described more fully below and in the applicable Service Order.
(c) PRI Trunking Service. If Customer selects to receive PRI Trunking Service, Customer will receive voice and call processing services via a full (23B+1D channel) or fractional (12B+1D channel) Primary Rate Interface (“PRI”) connection to Customer’s PBX or other Customer Equipment, and a variety of features, as described more fully below and in the applicable Service Order.
(d) Trunking Service. Trunking Service shall mean SIP Trunking Service and/or PRI Trunking Service, as applicable. (e) Analog Lines Over Fiber Service. If Customer selects to receive Analog Lines over Fiber Service, Customer will receive voice and call processing services via an analog connection to the Customer’s PBX that is equipped with an analog line card interface or other analog line based Customer Equipment like a fax machine. A variety of features, including line hunting, are offered, as described more fully below and in the applicable Service Order. (f) Toll-Free Service for Spectrum Trunking. If Customer selects Spectrum Toll-Free Service for use with Trunking Service, Customer will receive voice service consisting of one or more toll-free numbers and access to a variety of optional screening and routing features including:
• Origination Screening: Allows or disallows an originating call made to a single toll-free number based on the originating Number Plan Area (NPA) and/or prefix (NXX) of the caller. • Origination Routing: Routes an originating call made to a single toll-free number to a pre-determined Direct Inward Dialing (DID) number location based on the originating NPA and/or NXX of the caller. • Schedule-Based Routing: Routes an originating call made to a single toll-free number to a pre-determined DID number location based on the time of day, day of week or day of year. •Percentage Call Allocation: Routes an originating call made to a single toll-free number to any of two or more predetermined DID number locations based on the Customer’s allocated traffic percentage between the DID number locations. • Toll-Free Dialed Number Identification Service (DNIS): Provides the original called toll-free number to the terminating location, if the toll-free number/call is terminated to the Spectrum Trunking Service.

Note: Spectrum Toll-Free Service must terminate to a Spectrum Trunking Service. Not all Toll-Free Service features may be available in all areas.
(g) E911 Location Plus. If Customer selects Spectrum E911 Location Plus for use with Trunking Service, Customer may add or manage station level address information (for example, floor, suite, or office number) for telephone numbers at a Service Location for Customer’s E911 address records through use of the E911 Location Plus self-service web portal.

E911 Location Plus may be used by a Customer operating its own multi-line telephone system in an office or apartment building, or other similar building environment that wishes to provide location information for its station level telephone numbers.

2. Spectrum Hosted Communications Services.
(a) Spectrum Hosted Voice Service. If Customer selects Hosted Voice Service delivered over fiber or coax, Customer will receive a combination of (i) voice service consisting of one or more telephone lines, (ii) a variety of features, and (iii) voice service technical assistance described more fully below and in the applicable Service Order. (b) Spectrum Hosted Voice for Hospitality Service. If Customer selects Hosted Voice for Hospitality Service delivered over fiber or coax, Customer will receive a combination of (i) voice service consisting of one or more telephone lines, (ii) a variety of features, and (iii) voice service technical assistance. Customer may also receive Property Management System integration and other services, including a variety of features, as described more fully below and in the applicable Service Order.
(c) Spectrum Hosted Call Center. If Customer selects to receive Spectrum Hosted Call Center Service; Customer will receive a combination of (i) voice service consisting of one or more telephone lines, (ii) a variety of features, and (iii) voice service technical assistance, as described more fully below and in the applicable Service Order. (d) Unified Communications Service. If Customer selects Unified Communications Service, Customer will receive a combination of (i) instant messaging and presence service, (ii) video calling service, (iii) desktop sharing service, (iv) conferencing, and (v) web collaboration service, or other features as described more fully below and in the applicable Service Order. Unified Communications Services may also be available in personal computer, mobile phone, and tablet application formats where features, functionalities, and capabilities will di ffer based on the device used to access the Unified Communications Service (i.e., “soft phone service”). If Customer or an End User accesses the Hosted Communications Services through use of an application, certain features, functionalities, or capabilit ies, such as two-way calling, may not be available. When using such an application, Customer and End Users are subject to the terms of such application and the terms of this Service Agreement (including this Attachment). Changes made to the features, functionalities, capabilities of the Unified Communications Service, or to an application accessing Spectrum Hosted Communications Service, shall be in Spectrum’s sole discretion.

BEGINNING ON JANUARY 6, 2022: If Customer ordered soft phone service on or after February 16, 2020, Customer will have 911 calling capability with its soft phone service beginning on January 6, 2022 if Customer’s software and service is properly installed, configured and updated. Customer understands that such soft phone service, including 911 calling capability, will not function properly unless correct and valid address information has been entered into the soft phone service or application that reflects the application and/or associated device location. Failure of Customer to enter correct and valid address information, prior to initiation of such Service and anytime Customer’s location of the soft phone changes, will likely result in a delay or inability in dispatching 911 emergency service to the proper location. CUSTOMERS THAT ORDERED ANYWHERE CONNECT SOFT PHONE SERVICE PRIOR TO FEBRUARY 16, 2020WILL NOT HAVE 911 CALLING CAPABILITY. EACH

CUSTOMER OF SUCH ANYWHERE CONNECT SERVICE UNDERSTANDS THAT IT MUST USE AN ALTERNATE MEANS, OTHER THAN SOFT PHONE SERVICE, TO CONTACT 911 EMERGENCY SERVICES.

Additional important 911 use of service terms are located in paragraph 7(g) below. (e) Unified Communications over Wireless Internet Backup. If Customer selects Unified Communications over Wireless Internet Backup Service, Customer will receive Wireless Internet Backup Service as described in Attachment G for Unified Communications Service provided at Customer’s location(s) specified in an applicable Service Order.

Unified Communications over Wireless Internet Backup Service is subject to availability and the terms and conditions in Attachment G and the applicable Service Order.
(f) Webex Meetings from Spectrum Enterprise. If Customer selects Webex Meetings from Spectrum Enterprise, Customer will receive a combination of (i) Cisco’s Webex Meetings cloud-based service, (ii) a variety of features, and (iii) technical assistance, including optional professional services, as described below and in the applicable Service Order.

Webex Meetings is a conferencing solution and only supports calls connecting End Users to a Webex Meetings event. (g) Unified Communications with RingCentral. If Customer selects Unified Communications with RingCentral, Customer will receive a combination of (i) instant messaging and presence service, (ii) communication services (phone and/or video calling service with optional add-on features), (iii) desktop sharing service, (iv) conferencing, and (v) web collaboration service, as described in the Spectrum Enterprise Unified Communications with RingCentral Terms of Service and in the applicable Service Order. Unified Communications with RingCentral is subject to availability and to the terms and conditions referenced in Section 22 of this Attachment.

Item 1BB - Page 21
Enterprise Terms of Service v 230818 CONFIDENTIAL Page 18 of 40 © 2016-2023 Charter Communications, all rights reserved (h) Service Descriptions. Spectrum’s Voice Services and Hosted Communications Services listed above are described in Customer’s Service Order, and/or in Spectrum’s usage pricing plans, online product descriptions, or other documents identified herein, as applicable, on Spectrum’s website at https://enterprise.spectrum.com/services/voice.html.

COMMUNICATIONS SERVICES TERMS AND CONDITIONS:

Customer’s use of the Voice Services and Hosted Communications Services (collectively, “Communications Service”) is subject to the following additional terms and conditions:

3. Availability of Facilities and Service Modifications. (a) Services and associated products, facilities, equipment, features and functions will be available in accordance with the terms of this Attachment, where technically and operationally feasible. The quantity of business lines for each Service Location is dependent on the technical feasibility at that specific location. Additional construction and facilities may be required to provide requested Communications Services at Customer's expense. Customer must pay for any special construction prior to the activation of service and/or cancellation of contract. (b) Spectrum is not obligated to provide Communications Services if Customer intends to or uses the Communications Services (i) to interfere with or impair any service over any facilities and associated Spectrum Equipment or impair the privacy of any communications over such facilities and associated Spectrum Equipment; (ii) to sell, resell, sublease, assign, license, sublicense, share, provide, or otherwise utilize in conjunction with a third party (including, without limitation, in any joint venture or as part of any outsourcing activity) the Communications Services or any component or combination thereof; or (iii) in any manner that results in non-standard calling patterns or practices, including but not limited to, use of the Communications Service for high-volume auto-dialing, continuous or extensive call forwarding, high-volume telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting for services with unlimited local and long distance calling plans, and PBX hacking or modem hijacking resulting in excessive usage of long distance service (collectively, “Prohibited Use”). In addition, Prohibited Use shall include augmentation of the Communications Service or Communications Service features, in any way as to change the functionality of the Communications Service or its component features in any manner that is inconsistent with standard commercial calling patterns and practices or the terms of this Service Agreement. Such nonstandard calling patterns and practices include, but are not limited to, use of three-way calling, or call forwarding, that results in unusually high traffic volumes or excessive long distance usage. A non-standard calling pattern may also include, when Customer’s long distance calling minutes from (i) calls terminating to Alaska, (ii) calls terminating to Guam, (iii) calls terminating to a conference calling service operating in areas with high carrier access rates (e.g., rates that carriers pay one another for network use), or (iv) calls terminating to a chat line service, in the aggregate exceed ten percent (10%) of Customer’s total long distance minutes in any one-month billing cycle. (c) Spectrum may, from time to time, offer additional Communications Service features or functionality, or discontinue certain Communications Service features or functionality. Information about these features or functions will be available at https://enterprise.spectrum.com/services/voice.html. These additional Communications Services, features, or functions may be subject to additional specific terms and conditions, and may be subject to change at any time by Spectrum.

4. Communications Service Limitations.
(a) Unavailable Services; Call Blocking, Fraud, and N11. Spectrum does not offer or provide certain operatorassisted services such as dial around services (10-10-XXX), pay services, and third-party billing. Spectrum may use network management practices to block calls that have unassigned, invalid, or fraudulent numbers, that are identified as spam or malicious, that have suspicious calling patterns, or as otherwise permitted by applicable law. Calls blocked using these network management practices will not be delivered to Customer. Spectrum also blocks access to calls with 900 and 976 area codes and to international chat lines. Spectrum will initiate toll blocking if Customer’s excessive use of any toll has surpassed the threshold set by Spectrum and/or Customer’s account is delinquent. Notwithstanding any other provision of the Service Agreement or this Attachment, Spectrum may block calls which (i) are made to certain countries, cities, or central office exchanges, or (ii) use certain authorization codes, as Spectrum, in its sole discretion, deems reasonably necessary to prevent unlawful or fraudulent use of Communications Services. In addition, certain “N11” services (three-digit dial codes such as 211) may not be available in all serving areas. (b) Service Outages. Communications Service modems are electrically powered and will not work in a power outage or if the required broadband connection is disrupted or not operating. In the event of power outages, the modem, including all phones and Services connected to or powered by it, will not work. Power outages will disrupt Enhanced 911 (“E911”) service and the use of Communications Service as the connection between a security system and central monitoring services. COMMUNICATIONS SERVICE DOES NOT HAVE ITS OWN POWER SUPPLY. IF Item 1BB - Page 22
Enterprise Terms of Service v 230818 CONFIDENTIAL Page 19 of 40 © 2016-2023 Charter Communications, all rights reserved

THERE IS A POWER OUTAGE, OR IF THERE IS A DISRUPTION TO THE SPECTRUM NETWORK OR FACILITIES, COMMUNICATIONS SERVICE WILL NOT WORK. CUSTOMER ACKNOWLEDGES THAT IN SUCH CASES IT WILL NOT BE POSSIBLE TO PLACE OR RECEIVE CALLS INCLUDING CALLS TO ACCESS EMERGENCY 911 SERVICES.
(c) Security Systems and Alarm Systems. Although Spectrum will supply a connection (such as an analog line connection), that may allow the operation of Customer's existing security system, alarm system or other non -voice system (such as an elevator alarm line), Spectrum does not guarantee that any such system will be in complete operational order following the installation of Communications Service. As such, it is Customer’s obligation to contact its security, alarm or other system provider to inform them of the Communications Services installation, and any change in phone number, and to request a complete operational test of their system immediately following installation of the Communications Services. Spectrum does not provide power back up and is not responsible for the operation of any Customer security, alarm, or any other system in connection with Customer Equipment and, specifically, where the Customer Equipment does not have power backup (e.g., battery backup). In addition, it is Customer's responsibility to test its system on a regular basis. Spectrum does not represent that the Service is fail-safe.

Customer is solely responsible for obtaining such testing, ensuring that such testing is completed in a timely manner, and confirming that the security system and any related Customer Equipment at the Service Location connected to the Communications Service operate properly. Customer is solely responsible for any and all costs associated with this activity. In all cases, it is Customer's responsibility to ensure that use of the Communications Service meets all applicable regulations.
(d) Prohibited Use. Spectrum prohibits the use of Communications Service as the connection between medical alert systems and a central monitoring station or a fire alarm, and Spectrum will neither connect to such services nor provide technical support for the connection.

5. Use of Services. Customer is solely responsible for: (i) prevention of Prohibited Use and unauthorized, unlawful, or fraudulent use of, or access to, Communications Services, which use or access is expressly prohibited; and (ii) administration and non-disclosure of any authorization codes provided by Spectrum to Customer. Spectrum may require Customer to immediately shut down its transmission of signals if Spectrum concludes, in its sole discretion, that such transmission is a Prohibited Use or causing interference to other customers or with other transmissions generally.
(a) Spectrum reserves the right (I) to refuse to provide, discontinue, or temporarily suspend Communications Services to or from a Service Location where the necessary facilities or equipment are not available under terms and conditions reasonably acceptable to Spectrum, or (ii) to limit or block Communications Services to and from any Service Location or the use of any authorization code, without any liability whatsoever, in the event that Spectrum detects or reasonably suspects either (a) Prohibited Use or fraudulent, or unlawful use of the Communications Services, or use of the Communications Service in violation of the Service Agreement or this Attachment, or (b) consumption of Communications Services in excess of the credit limit (if any). (b) Customer’s outgoing calls must use an active, valid telephone number assigned to Customer. Use of invalid or unassigned telephone numbers are prohibited for outgoing calls. Customer is responsible for (i) securing its Customer Equipment against placement of fraudulent calls, and (ii) ensuring that Customer Equipment is not being used for any Prohibited Use or fraudulent use or access with Communications Services. Customer shall be responsible for payment of all applicable charges for Communications Services and charged to Customer’s accounts, even where those calls are originated by fraudulent means either from Customer’s Service Location or from remote locations. Spectrum is not liable for any damages, including toll usage charges, Customer may incur as a result of the unauthorized use of its telephone facilities. This unauthorized use of Customer’s facilities includes, but is not limited to, the placement of calls from the Service Location, and the placement of calls through Customer Equipment that are transmitted or carried on Spectrum’s Network. Customer shall ensure that all uses by Customer, whether authorized by Customer or not, of the Spectrum Equipment or the Communications Services installed at the Service Location comply with all applicable laws, rules, regulations, and the Service Agreement (including this Attachment). (c) Spectrum has the right to limit the Communications Service to reasonable quantities of minutes and messages used or consumed by Customer to prevent Prohibited Use and to maintain a high level of service for other Spectrum customers.

6. Access to Telecommunications Relay Communications Service. Telecommunications Relay Service (“TRS”) enables deaf, hard-of-hearing or speech-impaired persons who use a Text Telephone (“TT”) or Caption Telephone (collectively, “TDD”) or similar devices to communicate with the hearing population not using TDD. It also Item 1BB - Page 23
Enterprise Terms of Service v 230818 CONFIDENTIAL Page 20 of 40 © 2016-2023 Charter Communications, all rights reserved allows the hearing population not using a TT to communicate with deaf, hard-of-hearing, or speech-impaired persons who do use a TDD. Customer will be able to access the state provider to complete such calls by either dialing the applicable telephone number directly or by dialing the number 711, where available. Spectrum may bill Customer a monthly surcharge in order to fund the TRS system.

If Customer activates Custom Caller ID for Trunks or Customer utilizes its own Customer-defined dialing scheme or PBX configuration, Customer must configure its PBX to out-pulse an active, valid telephone number that is assigned to the Customer and that accurately identifies the Service Location for each outbound call handled by that PBX so that 711/TRS calls complete to the appropriate 711/TRS center.

7. 911 Services.
(a) CUSTOMER ACKNOWLEDGES THAT THE VOICE-ENABLED FIBER CONNECTION, CABLE MODEM, INTEGRATED ACCESS DEVICE (“IAD”) OR OTHER SPECTRUM EQUIPMENT USED TO PROVIDE

COMMUNICATIONS SERVICE ARE ELECTRICALLY POWERED AND THAT COMMUNICATIONS SERVICE, INCLUDING THE ABILITY TO ACCESS 911 AND E911 SERVICES AND ALARM, SECURITY, AND OTHER

MONITORING SERVICES, MAY NOT OPERATE IN THE EVENT OF AN ELECTRICAL POWER OUTAGE, A

SPECTRUM NETWORK SERVICE INTERRUPTION, OR A THIRD-PARTY NETWORK SERVICE INTERRUPTION IF

THE COMMUNICATIONS SERVICE IS PROVIDED AS AN OVER-THE-TOP OR OFF-NET (TYPE II) SERVICE USING A THIRD PARTY’S NETWORK. CUSTOMER ALSO ACKNOWLEDGES THAT, IN THE EVENT OF A POWER OUTAGE AT A SERVICE LOCATION, ANY BACK-UP POWER SUPPLY PROVIDED WITH A SPECTRUM-PROVIDED VOICEENABLED CABLE MODEM, IAD, OR OTHER SPECTRUM EQUIPMENT USED IN DELIVERING THE

COMMUNICATIONS SERVICE MAY ENABLE SERVICE FOR A LIMITED PERIOD OF TIME OR NOT AT ALL,

DEPENDING ON THE CIRCUMSTANCES, AND THAT THE USE OF A BACK-UP POWER SUPPLY DOES NOT ENSURE THAT COMMUNICATIONS SERVICE WILL BE AVAILABLE IN ALL CIRCUMSTANCES. CUSTOMER SHALL

ADVISE EVERY END USER OF COMMUNICATIONS SERVICE THAT SPECTRUM VOICE-ENABLED CUSTOMER

EQUIPMENT IS ELECTRICALLY POWERED AND, IN THE EVENT OF A POWER OUTAGE OR SPECTRUM NETWORK SERVICE INTERRUPTION, COMMUNICATIONS SERVICE AND 911 OR E911 MAY NOT BE AVAILABLE. CUSTOMER SHALL DISTRIBUTE TO ALL END USERS OF COMMUNICATIONS SERVICE

LABELS/STICKERS (TO BE SUPPLIED BY SPECTRUM) AND INSTRUCT ALL END USERS OF COMMUNICATIONS

SERVICE TO PLACE THEM ON OR NEAR THE EQUIPMENT USED IN CONJUNCTION WITH THE COMMUNICATIONS SERVICE.
(b) Customer is not permitted to move Spectrum Equipment from the Service Location in which it has been installed. If Customer moves any of the voice-enabled cable modem, IAD, or other Spectrum Equipment to an address other than the Service Location identified on the Service Order, calls from the modem, IAD, or other Spectrum Equipment to E911 will appear to E911 emergency service operators to be coming from the Service Location identified on the Service Order and not the new address. Customer shall be solely responsible for directing emergency personnel at the customer premises at each Service Location. ADDITIONALLY, COMMUNICATIONS SERVICE, INCLUDING SOFT PHONE SERVICE, DOES NOT SUPPORT 911 CALLING FROM ANY LOCATION OUTSIDE THE UNITED STATES, AND CUSTOMER AND END USERS WILL BE UNABLE TO USE OR ACCESS 911 OR E911 EMERGENCY CALLING SERVICE FROM SUCH LOCATIONS.
(c) Customer will be notified by Spectrum as to whether the Communications Service to which Customer subscribes includes the capability to support E911 service from multiple locations or from a location other than the Service Location. Customer agrees that Spectrum will not be responsible for any losses or damages arising as a result of the unavailability of Communications Service, including the inability to reach 911 or other emergency services, the inability to contact a security system or other monitoring service provider or any failure or fault relating to Customer Equipment, facilities or services, the use of third-party enterprise 911 solutions, or Customer’s attempt to access Communications Service from a remote location.
(d) In some geographic areas, Communications Service does not provide the capability to support E911 service from any location other than the Service Location. In those areas, if Customer intends to assign telephone numbers to one or more locations other than the Service Location, Customer shall obtain from the incumbent LEC, a competitive LEC, or Spectrum a local telephone line or lines and ensure that (i) the address(es) associated with the additional location(s) are loaded into the 911 database by the provider of the local telephone line(s) such that 911 calls will deliver to the 911 answering point the actual location and address of the 911 caller and (ii) all 911 calls originated from the additional location(s) are transported and delivered over those local telephone lines.

IN SUCH AREAS, CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS SPECTRUM, ITS

AFFILIATES, ITS SERVICE PROVIDERS AND SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS,

EMPLOYEES AND AGENTS, FROM AND AGAINST THIRD PARTY CLAIMS, LIABILITIES, DAMAGES AND Item 1BB - Page 24
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Enterprise Terms of Service v 230818 CONFIDENTIAL Page 21 of 40 © 2016-2023 Charter Communications, all rights reserved EXPENSES, INCLUDING REASONABLE ATTORNEYS’ AND OTHER PROFESSIONALS’ FEES, ARISING OUT OF OR RELATING TO 911 CALLS MADE BY END USERS OF THE COMMUNICATIONS SERVICE FROM LOCATIONS OTHER THAN THE SERVICE LOCATION.
(e) If Customer orders E911 Location Plus, (i) Customer may add and/or manage station level address information for telephone numbers at the Service Location through use of the E911 Location Plus self-service web portal; (ii) Customer shall be solely responsible for complying with all applicable local, state, and federal laws, rules, regulations and requirements for operation and use of a multi-line telephone system and for providing accurate station level address information (i.e., the applicable characters for display at a 911 operator) for Customer’s telephone numbers; (iii) Customer will transmit the telephone number to Spectrum that is associated with the station that placed a 911 call; and (iv) Customer will ensure the initial and continuing accuracy of the station level address information for each Customer telephone number in the E911 Location Plus self-service web portal.

Updates or modifications to station level address information in the E911 Location Plus self-service web portal may require up to 24 hours for implementation and/or updating. Non-Spectrum telephone numbers are not supported and may not be entered into the E911 Location Plus self-service web portal. Notwithstanding Customer’s use of E911 Location Plus, Customer is solely responsible for directing emergency personnel at the Service Location. (f) Customer shall not use the Communications Services, or allow the Communications Services to be used, (i) to provide 911 or E911 services; (ii) route 911 or E911 traffic to any public safety answering point, statewide default answering point, or appropriate local emergency authority or emergency responders; or (iii) for any automatic location information services related to E911 or in any other manner that would cause, or be likely to cause, Spectrum to qualify as a “Covered Service Provider” as defined in 47 C.F.R. §9.19 or any successor provision of the rules of the Federal Communication Commission. Any breach of this provision shall constitute a material breach of the Service Agreement.
(g) CUSTOMER ACKNOWLEDGES THAT SPECTRUM’S “ANYWHERE CONNECT” OR OTHER SOFTPHONE SOFTWARE OR APPLICATIONS (COLLECTIVELY “SOFTPHONE APPLICATIONS”) ARE NOT A REPLACEMENT FOR MOBILE OR FIXED LINE VOICE SERVICES. SOFTPHONE APPLICATIONS DO NOT PERMIT END USERS TO MAKE 911 OR OTHER EMERGENCY CALLS. CUSTOMER SHALL PROVIDE ALTERNATIVE COMMUNICATION OPTIONS TO ENABLE END USERS TO MAKE 911 AND OTHER EMERGENCY CALLS WHEN USING SPECTRUM’S SOFTPHONE APPLICATIONS.

BEGINNING ON JANUARY 6, 2022: Notwithstanding the preceding paragraph, if Customer ordered soft phone service and/or a Softphone Application on or after February 16, 2020, Customer will have 911 calling capability with its soft phone service or Softphone Application beginning on January 6, 2022 if Customer’s software and service is properly installed, configured and updated. Customer understands that such soft phone service and Softphone Application, including 911 calling capability, will not function properly unless correct and valid address information has been entered into the soft phone service or Softphone Application that reflects the application and/or associated device location. Customer further understands that such soft phone service and Softphone Application will not function or will not function properly: (i) if a user attempts a 911 call from a location different than the address provided in the soft phone service or Softphone Application; (ii) during any disruption of power or Internet connectivity at the user’s location; (iii) during any period of services or E911 outage or failure beyond Spectrum’s control; (iv) if incorrect or invalid address information is provided or if such information is not updated by user in the event of a change in user’s location; (v) if user’s equipment fails to function, is not properly configured, or is defective; or (vi) if instructions, requirements or obligations for proper operation of the soft phone service or Softphone Application are not executed completely and properly.

8. Custom Caller-ID (Voice Services only). If Customer activates Custom Caller ID for Trunks, which permits a customer to define the telephone number that Spectrum makes available to call recipients for Caller ID purposes, the telephone number chosen must be an active, valid telephone number that is assigned to Customer. Custom Caller ID for Trunks may be used only where Customer employs Customer Equipment that ensures that 911 and other emergency calls placed by an end user are routed to an appropriate public safety answering point or other responding agency based on the caller’s location, in a manner consistent with applicable law. If Customer activates Custom Caller ID, they must configure their PBX to out-pulse an active, valid telephone number that is assigned to the Customer and that accurately identifies the Service Location for each outbound call including TRS, 711, and emergency 911 calls to be handled by that PBX. By activating Custom Caller ID for Trunks, Customer represents and warrants that it employs such a Customer Equipment solution and agrees to continue using such a solution until Customer discontinues its use of Custom Caller ID for Trunks.

Telemarketers or other entities using Custom Caller ID for Trunks must comply with applicable federal and state laws, including obligations requiring identification of: (i) the telemarketer or the party on whose behalf the telemarketing call Item 1BB - Page 25
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Enterprise Terms of Service v 230818 CONFIDENTIAL Page 22 of 40 © 2016-2023 Charter Communications, all rights reserved is made and (ii) the calling party’s number (“CPN”), automatic number identification (“ANI”), or customer service number of the party on whose behalf the telemarketing call is made.

The use of incorrect or fictitious CPN, ANI, or other calling party information on such telemarketing calls is prohibited.

Custom Caller ID for Trunks may not be used by any person or entity in connection with any unlawful purpose.

Customer shall provide proof of telephone number assignment (e.g., by business agreement or evidence the user has access to use the number) upon Spectrum’s request.

9. Cross Rate Center Telephone Numbers. If Customer orders or utilizes telephone number(s) with Spectrum Trunking Service that are associated with a rate center that is different than the rate center where the Spectrum trunking service is located, (i) Customer’s telephone number(s) will be provisioned as Direct Inward Dialing (DID) numbers on the Spectrum Trunking Service (referred to as “Cross Rate Center DIDs”); (ii) all calls originated from the Cross Rate Center DIDs will be rated based upon the rate center associated with the Spectrum Trunking Service location; and (iii) the address information for E911 calls from the Cross Rate Center DIDs shall be the address associated with the Spectrum Trunking Service location. Cross Rate Center DIDs may not be available in all Spectrum service areas, and Customer may purchase Remote Call Forwarding (RCF) or Remote Number Forwarding (RNF) in service areas where Cross Rate Center DIDs are not available.

10. Centralized PBX Support. If Customer orders Centralized PBX Support for a Customer PBX that serves multiple Customer locations (each, referred to as a “Remote Site”), Customer wi ll connect each Remote Site to a single site on the Customer’s network (referred to as a “Hub Site”) and Spectrum Trunking Service will be installed at the Hub Site. The demarcation point for each Remote Site will be the Hub Site location where the Spectru m Trunking Service is installed. Customer is responsible for the quality of the network and connections, including the voice Quality of Service (QOS), on its side of the demarcation point, unless such network and connections are provided by Spectrum. Additionally, the following requirements are applicable to Centralized PBX Support:
(a) Telephone numbers utilized at each Remote Site (i) must be associated with the rate center where the Remote Site is located, and (ii) must be in a Spectrum service area. (b) Cross rate center telephone number assignment is not permitted with Centralized PBX Support. Customer may purchase Remote Call Forwarding (RCF) or Remote Number Forwarding (RNF) if a Remote Site requires telephone numbers that are associated with a rate center that is different than the rate center where the Remote Site is located.
(c) The address information for E911 calls from a Remote Site shall be the address associated with the Remote Site. Customer is solely responsible for providing Spectrum with accurate telephone number and service address information for each Remote Site. Customer must contact Spectrum before moving telephones or telephone numbers to any address other than the Remote Site, otherwise calls from the telephones or telephone numbers will appear to E911 emergency service operators to be coming from the Remote Site and not the new address. (d) Spectrum will calculate and remit 911 fees for each Remote Site based on state and local regulations at the address where telephone(s) and telephone number(s) are located and emergency services are dispatched. (e) All calls from a Remote Site will be rated based upon the rate center associated with telephone number(s) at the Remote Site.

11. Access. Customer agrees to provide Spectrum and its authorized agents with access to Customer’s internal telephone or local area network wiring at the network interface device or at some other minimum point of entry in order to facilitate the installation and operation of Communications Service over existing wiring. Customer hereby authorizes Spectrum to make any requests to Customer’s landlord, building owner and/or building manager, as appropriate, and to make any requests to other or prior communications service providers, as necessary and appropriate, to ensure that Spectrum has all access to inside wiring and cabling necessary and sufficient to efficiently and securely install Communications Service and all related Spectrum Equipment. The agents and employees of Spectrum shall have the right to enter the Service Location at any reasonable hour for the purpose of installing, inspecting, maintaining, or repairing Spectrum Equipment, instruments and/or lines, or upon termination of the Communications Service, for the purpose of removing such Spectrum Equipment, instruments, and/or lines. Communications Services are offered to businesses only and are not available for residential use.

12. Customer Equipment. Spectrum’s obligation is to provide Communications Services to the customeraccessible interface device or equipment installed by Spectrum at the Spectrum Network Demarcation Point at the Service Location. The “Demarcation Point” is the point of interconnection between the Spectrum Equipment or other facilities and the wiring at the Service Location. Customer is responsible for ensuring that all such Customer Equipment Item 1BB - Page 26
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Enterprise Terms of Service v 230818 CONFIDENTIAL Page 23 of 40 © 2016-2023 Charter Communications, all rights reserved conforms to the Federal Communications Commission's requirements set forth in Part 68 of the Code of Federal Regulations (as amended), and Spectrum may discontinue the provision of Communications Services to any location where Customer Equipment fails to conform to such regulations.

Without limiting the foregoing, in the event that Customer-provided fiber, coax, copper wiring, and/or point-to-point wireless, or a segment of the foregoing provided by Customer, (collectively “Customer Facilities”) are used in the delivery of Communications Services, Customer shall be solely responsible for the condition, performance, maintenance, repair, and replacement of such Customer Facilities, at all times. Upon request, Customer shall provide Spectrum with access to the Customer Facilities, for Spectrum to inspect the condition of Customer Facilities prior to Spectrum’s installation of the Communications Service, provided that Spectrum shall not be required to conduct such inspection, and such inspection or statements made by Spectrum in connection therewith shall in no way constitute a representation, warranty or guarantee that the Customer Facilities are fit for use with the Service. Notwithstanding anything in the Service Agreement to the contrary, Spectrum shall not be liable or responsible, nor shall it provide Service Credits under any Service Level Agreements, for any Service delays, disruptions, degradations, repairs, maintenance, failures or any other Service issues caused by or resulting from Customer Facilities.

Customer shall be solely responsible for satisfying all legal requirements for interconnecting Customer-provided terminal equipment or communications systems with other provider’s facilities, including, without limitation, application for all licenses, permits, rights-of-way, and other arrangements necessary for such interconnection. Satisfaction of all legal requirements, any interface equipment or any other facilities necessary to interconnect the facilities of Spectrum and other providers must be provided at Customer's sole expense.

13. CPNI. As a provider of telecommunications and interconnected VoIP services, Spectrum takes seriously its responsibility to protect the confidentiality of its customers’ proprietary network information (“CPNI”). Spectrum is committed to protecting its telecommunications and interconnected VoIP service customers’ CPNI in accordance with applicable regulatory and statutory requirements. CPNI is customer-specific data that is collected by Spectrum in the course of providing telecommunications or interconnected VoIP services to its customers, and includes information relating to the quantity, technical configuration, type, destination, location, and amount of telecommunications and interconnected VoIP service usage by Customer, and information contained in Customer’s bills that is obtained by Spectrum pursuant to its provision of telecommunications or interconnected VoIP service. Customer CPNI will be protected by Spectrum as described herein, in the Spectrum Privacy Policy and in accordance with applicable federal and state requirements.

Notwithstanding anything else in this Service Agreement, the following shall not be CPNI: (i) Customer’s directory listing information (i.e., Customer’s name, address, and telephone number), and (ii) aggregated, deidentified and/or compiled information that does not contain individual customer characteristics, even if CPNI was used as a basis for such information. (a) Spectrum may use and disclose Calling Details and CPNI when required by applicable law. (b) Spectrum may use Calling Details and CPNI and share (including via email) Calling Details and CPNI with its partners and contractors, as well as with Customer’s employees and representatives, without Customer consent: (i) to provide services and bills to Customer; (ii) pursuant to applicable law; (iii) to protect the interests of Spectrum, Customer and related parties in preventing fraud, theft of services, abuse, harassment and misuse of telephone services; (iv) to protect the security and integrity of Spectrum Network systems; and (v) to market additional Spectrum services to Customer that are of the same category as the services that Customer purchases from Spectrum. (c) Spectrum will obtain Customer’s consent before using Calling Details or CPNI to market to Customer Spectrum services that are not within the categories of Services that Customer purchases from Spectrum. Customer agrees that Spectrum will not be liable for any losses or damages arising as a result of disclosure of Calling Details or CPNI in accordance with the terms of this Attachment.
(d) Spectrum will respond to Customer requests for Customer Calling Details only in compliance with Spectrum’s then- current authentication requirements and applicable law. Such authentication requirements may require Customer to obtain a secure password, which may be required for both online and telephone requests for Calling Details. Spectrum will notify Customer of any requests to change account passwords, activate online account access, and change Customer’s account address of record. Spectrum may provide such notice by voicemail, by email or by regular mail to Customer’s prior account address of record. (e) Customer may identify a person or persons who are authorized to request Calling Details by executing an Agency Letter provided by Spectrum upon request. Customer is responsible for: (i) ensuring that Spectrum receives timely notice of any changes to the list of authorized individuals identified in the Agency Letter.

Spectrum will not be liable to Customer for any disclosure of Calling Details (including CPNI) that occurs if Spectrum has complied with the Agency Letter.

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Enterprise Terms of Service v 230818 CONFIDENTIAL Page 24 of 40 © 2016-2023 Charter Communications, all rights reserved (f) Provided that Customer is served by at least one dedicated Spectrum representative under this Attachment B, Spectrum may use any one of the authentication methods specified below to confirm that a person seeking Customer CPNI (including, without restriction, call detail records) is authorized to receive it. (g) Spectrum will not be liable to Customer for any disclosure of CPNI (including call detail records) that occurs if Spectrum has complied with one or more of these authentication methods. • Agency Letter. As provided in paragraph 12.e, Spectrum may provide CPNI to any individual pursuant to the terms of an Agency Letter.
• Circuit ID. Spectrum may provide Customer CPNI to an individual that correctly identifies a Customer Circuit ID— i.e., a Spectrum-specific identifier assigned to a data or voice network connection between two locations. • Premier Code. Spectrum may provide Customer CPNI to an individual that correctly identifies Customer’s Premier Code—i.e., a 4-digit code that Spectrum may provide to Customer. • Security Code (CPNI code) Spectrum may provide Customer CPNI to an individual that correctly identifies the account’s security code – i.e., a 4-digit code that Spectrum may provide to Customer. • Last 4 digits of any MAC addresses listed on account. Spectrum may provide Customer CPNI to an individual that correctly identifies the last 4 digits of the MAC address of any Spectrum-issued device listed on the account – i.e., a cable modem, telephony equipment, set top boxes, etc. • Full serial number of any piece of Spectrum Equipment on Customer’s account. Spectrum may provide Customer CPNI to an individual that correctly identifies the full serial number of any Spectrum-issued equipment listed on the account - i.e., a cable modem, telephony equipment, set top boxes, etc.

Spectrum reserves the right to add, remove, or alter these authentication methods in its sole discretion.

In the event of a conflict or inconsistency between the CPNI terms in this Attachment B and the remainder of the Service Agreement, the CPNI terms in Attachment B shall control.

14. Directory Listings. Spectrum will facilitate the inclusion of its business customers in alphabetical white and yellow pages directories and/or electronic compilations, as requested and available in Spectrum's service area. These listings are intended as a resource for interested parties who can use them to find the telephone numbers of Spectrum customers who subscribe to Communications Services. Spectrum, in its sole discretion, may limit the length of any listing in a directory or electronic compilation by abbreviating the listing. Listings may be subject to additional rules and restrictions. Toll free and private number service may be available to Customer for an additional charge. A listing may be omitted from a directory or electronic compilation upon Customer’s request.

IN THE EVENT THAT A MATERIAL ERROR OR OMISSION IN CUSTOMER’S DIRECTORY LISTING INFORMATION, REGARDLESS OF FORM, IS CAUSED BY SPECTRUM, CUSTOMER’S SOLE AND EXCLUSIVE REMEDY SHALL BE A SERVICE CREDIT IN AN AMOUNT SET BY SPECTRUM’S THEN-CURRENT STANDARD POLICIES OR AS PRESCRIBED BY APPLICABLE REGULATORY REQUIREMENTS, IF ANY. SPECTRUM SHALL HAVE NO OTHER LIABILITY FOR ANY ERROR OR OMISSION IN ANY DIRECTORY LISTING INFORMATION.

15. Usage Rates/Minute Packages. Communications Services may be subject to usage pricing plans or minutes of use packages that apply charges for certain calls, including international calls and inbound toll-free calls. Unless otherwise specified in Customer’s Service Order or Contract, usage pricing plans or packages are available for (i) Trunking Service at enterprise.spectrum.com/services/voice/enterprise-trunking/rates.html (ii) Unified Communications at enterprise.spectrum.com/services/voice/unified-communications/rates.html and (iii) Unified Communications with RingCentral at https://enterprise.spectrum.com/services/voice/unified-communications/unifiedcommunications-with-ringcentral.html (including SMS/MMS plans and The Campaign Registry (TCR) requirements)..

Spectrum reserves the right to change its usage pricing plans and packages at any time.

16. Number Porting. Upon submission of a Service Order, Customer may port a telephone number within the rate center for its particular Service Location, or a toll-free number from an existing toll-free service provider, to Spectrum for use with Communications Services. Customer represents and warrants that it has all necessary rights and authority for any porting request, will provide copies of letters of authority authorizing the same upon request, AND SHALL

INDEMNIFY, DEFEND AND HOLD HARMLESS SPECTRUM AND ITS AFFILIATES FROM ANY THIRD-PARTY CLAIM RELATED TO OR ARISING OUT OF ANY PORTING REQUEST.

Spectrum shall coordinate telephone number porting with Customer’s former local service provider (“FLSP”) or former toll-free service provider, as appropriate, using the operational process for coordinating telephone number porting as prescribed by the appropriate regulatory authority.

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Enterprise Terms of Service v 230818 CONFIDENTIAL Page 25 of 40 © 2016-2023 Charter Communications, all rights reserved Spectrum may receive requests to port a telephone number currently assigned to Customer to a third -party service provider. Customer agrees that until such time as the porting process has been completed and no further traffic for any ported telephone number traverses the Spectrum Network, Customer shall remain bound by the terms of the Service Agreement and this Attachment (including, without limitation, Customer’s obligation to pay for any applicable Services) for any and all traffic which remains on any Customer telephone numbers.

Notwithstanding the foregoing, Customer shall notify Spectrum at least five (5) business days in advance of Customer requesting more than twenty (20) telephone numbers to be ported from Spectrum to another service provider.

Customer has no property right in telephone number(s) or any other call number designations associated with the Communication Services, and Spectrum may change such numbers as deemed necessary.

17. Call Redirect. If a PRI Service, Analog Lines over Fiber, or Hosted Communication Service Customer elects to redirect calls to an alternate number and if the receiving telephone number is charged as domestic long distance, charges will be applied against Customer’s MOU package on the account or, if exceeded, at the applicable long distance rates.

18. Fiber Internet Access Bundles. If Customer purchases a discounted bundled offering from Spectrum including a SIP Trunking Service or Hosted Communications Services combined with Spectrum Fiber Internet Access, Customer must have the Trunking or Hosted Communications Service installed and billing within four months after the provisioning and turn-up of the bundled data circuit.

The monthly recurring charge will revert to the non-bundled rate for the installed service if Customer fails to accept both Services within this timeframe.

19. Unified Communications Service Data. Spectrum and any third-party service provider Spectrum uses to provide Unified Communications Services may use Customer data provided to such service provider in the course of the performance of the Unified Communications Services, including but not limited to any personal data of Customer’s employees (“ UCS Data”), other than content transmitted by the Unified Communications Services, to (a) communicate with Spectrum or Customer, and (b) administer and/or perform this Service Agreement, any Service Order, and/or any agreement between Spectrum and such third-party service provider. Spectrum and such service provider may access or disclose UCS Data and related information, to: (i) satisfy legal requirements, comply with the law or respond to subpoenas, warrants or court orders, or (ii) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Spectrum’s or such service provider’s employees, customers or the public.

20. Voicemail; Call Recording and HIPAA. This paragraph shall apply if Customer is a Covered Entity or Business Associate under HIPAA. If Customer is a Covered Entity or Business Associate, and intends to create, receive, maintain or transmit protected health information (“PHI”) through the use of the Hosted Communications Services, Customer agrees that with regard to the Voice Services (i.e. telephone service alone), Spectrum is acting solely as a “conduit”. Under HIPAA, a “conduit” is a party that transports information but does not access it other than on a random or infrequent basis necessary for the performance of the transportation service or as required by law.

However, Customer agrees that it shall notify Spectrum, and the parties shall enter into Spectrum’s Business Associate Agreement, if Customer is to receive or store any PHI on the voicemail or call recording features of the Hosted Communications Services, both of which must occur before such receipt or storage of PHI. In such event, Customer further agrees that it shall not enable or otherwise use any “voicemail to e-mail” feature in connection with the Hosted Communications Services. As used herein, “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing rules and regulations, and “Covered Entity,” “Business Associate,” and “protected health information” shall have their respective meanings as defined by HIPAA.

21. Webex End User Terms. In addition to the terms of this Service Agreement, this Attachment, and any applicable Service Order, when using Webex products or services offered through Spectrum, Customer and each End User agrees and accepts Cisco’s applicable Webex terms, including the following:
(i) Cisco Privacy Data Sheets for Webex Meetings and Webex Teams available at:
https://trustportal.cisco.com/c/r/ctp/trust-portal.html#/customer_transparency, and (ii) Cisco End User License Agreement for the Cisco client software installed by Customer or End User and for the cloud services used by Customer or End User available at www.cisco.com/go/eula.

22. Description of RingCentral Services.
(a) Unified Communications with RingCentral (“UC with RingCentral”) is a cloud-based voice service with features provided by RingCentral and offered to Customers by Spectrum Enterprise. If Customer selects UC with RingCentral Service, Customer will receive a combination of (i) instant messaging and presence service, (ii) communication services (phone and/or video calling service with optional add-on features), (iii) desktop sharing service, (iv) conferencing, and (v) Item 1BB - Page 29
Enterprise Terms of Service v 230818 CONFIDENTIAL Page 26 of 40 © 2016-2023 Charter Communications, all rights reserved web collaboration service. UC with RingCentral services may also be available in personal computer, mobile phone, and tablet application formats where features, functionalities, and capabilities will differ based on the device used to access the Unified Communications Service (i.e., soft phone service). If Customer or an End User accesses UC with RingCentral through use of an application, certain features, functionalities, or capabilities, such as two-way calling, may not be available. When using such an application, Customer and End Users are subject to the terms of such application and the terms of Spectrum’s Service Agreement, including the UC with RingCentral Terms of Service. Changes made to the features, functionalities, capabilities of UC with RingCentral, or to an application accessing UC with RingCentral, shall be in Spectrum’s sole discretion.
(b) RingCentral End User Terms. RingCentral, Inc. (“RingCentral”) is the underlying provider of UC with RingCentral Service. In addition to the terms of this Service Agreement, this Attachment, and any applicable Service Order, when using RingCentral products or services offered through Spectrum, (i) Customer and each End User is subject to the Spectrum Enterprise UC with RingCentral Terms of Service, (ii) Customer and each End User agrees and accepts RingCentral’s applicable End User terms, which are contained in the Spectrum Enterprise UC with RingCentral Terms of Service available at https://enterprise.spectrum.com/legal/unified-communications-with-ringcentral-terms-andconditions.html , and (iii) such End User terms shall constitute a binding agreement between RingCentral and Customer and/or each End User.

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Enterprise Terms of Service v 230818 CONFIDENTIAL Page 27 of 40 © 2016-2023 Charter Communications, all rights reserved Attachment C
Spectrum Business High-Speed Internet Service
(“Internet Service”)
Spectrum Business High-Speed Internet Service1. Internet access service implemented using a hybrid fiber/coax (“HFC”) or a fiber access network. Customer interface to the data network is via Ethernet connection. Internet Service enables a variety of upstream and downstream rates. If Customer elects to receive Internet Service, Spectrum shall provide connectivity from Customer site(s) to Customer’s data network.

Certain Internet Services, or features of Internet Services, may not be available in all service areas and may change from time to time, in Spectrum’s sole discretion. In addition, certain non-facilities-based services provided by third parties may be offered to Customer by Spectrum (“Third-Party Services”). Third Party Services may be subject to additional terms and conditions. Except to the limited extent described in this Attachment, Spectrum makes no warranties of any kind (express or implied) regarding Third-Party Services and hereby disclaims any and all warranties pertaining thereto (including implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose). Spectrum does not have title to and is not the manufacturer of any software or hardware components of any Third-Party Services nor is Spectrum the supplier of any components of such software or hardware. IN NO EVENT SHALL SPECTRUM BE LIABLE FOR ANY DAMAGES ARISING FROM THE PERFORMANCE OR NONPERFORMANCE OF ANY THIRD-PARTY SERVICES.

Customer’s use of the Internet Service is subject to the following additional terms and conditions:

1. Minimum Equipment Requirements. Customer shall maintain certain minimum equipment and software to receive the Internet Service (see www.business.spectrum.com for the current specifications). The minimum configuration standards may change, and Spectrum will make reasonable efforts to support previously acceptable configurations; however, Spectrum is not obligated to continue to provide such support. Spectrum may supply Spectrum Equipment such as modems, gateways, routers, or wireless cards, for a fee, to operate the Internet Service. Spectrum reserves the right to provide service only to users with Spectrum-approved equipment. Customer acknowledges that such Spectrum Equipment may require updates and/or changes to the software resident in the Spectrum Equipment and that Customer may be required to perform such updates and/or changes. Customer hereby authorizes Spectrum to perform updates or changes, on-site or remotely from time to time as Spectrum deems necessary, in Spectrum's sole discretion. Customer will not connect any equipment, other than equipment authorized by Spectrum, to the Spectrum Network. When Spectrum installs the Internet Service, Customer will need a network interface card or adapter providing an Ethernet connection.

Alternatively, Customer may connect to a networking device (commonly referred to as a router or gateway).

2. Software. At the time of installation of the Internet Service, Spectrum may provide Customer with common Spectrum or third-party software (e.g., a browser and plug-ins) to enable and enhance the Internet Service, subject to the license terms and restrictions in the Spectrum Service Agreement. Customer hereby represents and warrants to Spectrum that Customer owns the operating system software and associated use/license rights thereto for the computers that are connected to the Spectrum Network.

3. Internet Service Speeds. Spectrum shall use commercially reasonable efforts to achieve the Internet speed attributable to the bandwidth for the Internet Service selected by Customer, however, actual speed, also known as throughput rate, may vary. Many factors affect speed experienced by Customer as outlined in Spectrum’s Network Management Practices.

4. Security. Customer shall take commercially reasonable security measures when using the Internet Service and assumes sole responsibility for use of the Internet Service and for access to and use of Customer Equipment used in connection with the Internet Service and Spectrum Network.

5. Electronic Addresses; Mailboxes. All non-vanity email addresses, email account names, and IP addresses (“Electronic Addresses”) provided by Spectrum (and not through Customer’s domain) are the property of Spectrum.

Customer may not alter, modify, sell, lease, assign, encumber or otherwise tamper with the Electronic Addresses. 1 Customers that purchased Internet services from Time Warner Cable Business Class, Brighthouse Networks, or Charter before June 11, 2017 may continue to receive the same Internet service plan, features, and supplemental services at the same prices offered as of June 11, 2017 (“Legacy Services”) until such time as Spectrum discontinues the Legacy Services by written notice to such Customers. If Customer elects to receive Spectrum Business Internet Services available as of June 11, 2017, then Customer will no longer be eligible to receive any Legacy Services, including, without limitation, any supplemental services or features that may not be available as part of the Spectrum Business Internet Services. Please contact your Spectrum sales representative for further information.

6. Mailboxes. Spectrum owns any and all mailboxes associated with the Internet Service and may reclaim such mailboxes at any time for any reason. Spectrum may also limit the number of new email addresses available per account and the number of email messages that may be sent within a 24-hour time period. Spectrum may lock inactive mailboxes and prohibit the mailbox from receiving new email messages. Customer acknowledges that upon termination of Internet Service, Spectrum will suspend all accounts associated with the Internet Service and delete the contents of all mailboxes, if any. Deleted content cannot be recovered. Email addresses are not permanently retired and become eligible to be reused at Spectrum’s sole discretion.

7. Mail Storage. In no event will Spectrum be responsible for maintaining, and Spectrum will not guarantee storage of, email for any period of time. Spectrum also reserves the right to enforce email storage limits.

8. Cookies. Customer may access their Spectrum email account at https://www.spectrumbusiness.net or by using the Customer’s software application (e.g., Outlook, Outlook Express, Apple Mail). When accessing email at https://www.spectrumbusiness.net. Customer must have its Internet browser configured to accept cookies. Spectrum will notify the End User if the browser is not configured to accept cookies.

9. Changes of Address. Spectrum may change addressing schemes, including email and IP addresses provided by Spectrum.

10. Acceptable Use Policy. Customer shall comply with the terms of Spectrum’s Acceptable Use Policy (“AUP”) found at www.business.spectrum.com and that policy is incorporated by reference into this Service Agreement. Customer represents and warrants that Customer has read the AUP and shall be bound by its terms as they may be amended, revised, replaced, supplemented or otherwise changed from time-to-time by Spectrum with or without notice to Customer. Spectrum may suspend Service immediately for any violation of the AUP.

11. Spectrum Business WiFi. Spectrum Business WiFi supported by a Spectrum-provided wireless router is a service available to certain Customers and provides wireless access to the Internet Service within the Service Location ("WiFi Network"), for which Customer may be charged a fee consistent with Spectrum’s then-current practices. Customer must purchase Spectrum Internet Service in order to receive Spectrum Business WiFi. The Spectrum-provided WiFi router comes programmed with certain default settings and configurations for the WiFi Network. Customer may modify the default settings and configurations on the Spectrum-provided WiFi router although Spectrum recommends maintaining the default configuration and settings. Spectrum does not guarantee the security of the Spectrum-provided WiFi router and Customer's connection to the Internet Service via the WiFi Network. Customer understands and agrees that Customer is solely responsible for the security of its WiFi Network and must enable and use encryption in order to access Spectrum-provided applications. Customer understands that this service is intended to be used by the Customer and its End Users and that Spectrum accepts no liabilities for any third-party usage.

12. The Spectrum-provided WiFi router will collect and maintain certain information regarding access to and use of the WiFi Network, which information shall include but not be limited to device identifiers, device name, device type, applications and protocols, connections, and traffic flows. Such information will be used by Spectrum to provide the Internet Service and support, as well as for Spectrum’s internal business analytics regarding the use of the Internet Service.

Customer acknowledges and agrees that Spectrum shall have access to the network name and password associated with the Spectrum-provided WiFi router in order to provide support and diagnostic services. Spectrum reserves the right to modify the WiFi network name and password for the Spectrum-provided WiFi router in order to safeguard Internet security, the security and privacy of Customer's information, where required by law, or for other good cause to provide, upgrade, and maintain the Internet Service, and protect the network, other users of the Internet, or our customers and subscribers.

Abusive, vulgar, offensive, inappropriate or profane WiFi Network names are prohibited and may be modified in Spectrum’s sole discretion. Customer acknowledges that the Spectrum-provided WiFi router is Spectrum Equipment.

13. Spectrum Business WiFi Hotspot. Spectrum reserves the right to preconfigure the Spectrum-provided WiFi router to distribute a wireless Internet access point (i.e., a Spectrum Business WiFi Hotspot, a “WiFi Hotspot”) separate from the WiFi Network. Any use of bandwidth from such wireless access point by third parties will not be considered to be use by the Customer for any purpose. Customer shall have the right to disable such WiFi Hotspot and shall not be responsible for the security of the WiFi Hotspot.

14. To be eligible to receive the WiFi Hotspot, Customer must be receiving Spectrum Internet Service. Subject to the foregoing, Spectrum will, and Customer grants Spectrum permission to, attach, install, maintain, operate, and upgrade WiFi-related equipment, cables and devices (“WiFi Equipment”) on and within the Service Location. The WiFi Equipment will be operated by Spectrum, at no cost to Customer, in order to provide the WiFi Hotspot at the Service Location(s).

Customer agrees to provide a standard power source for operation of the WiFi Equipment. (a) Customer’s use of the WiFi Hotspot is subject to the following additional terms and conditions:

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Enterprise Terms of Service v 230818 CONFIDENTIAL Page 29 of 40 © 2016-2023 Charter Communications, all rights reserved i. The WiFi Hotspot made available at Service Location(s) may be accessed by Customer and its End Users through their Spectrum accounts for no additional charge. ii. To access the WiFi Hotspot, Customer and its End Users and patrons must have a WiFi-enabled device that meets the technical specifications for the WiFi Hotspot. iii. Customer grants Spectrum the right to advertise, market and otherwise promote Customer’s location(s) as a WiFi Hotspot access point(s), in any and all forms of media now known or hereafter developed, in Spectrum’s sole discretion, and Customer grants Spectrum a license to use Customer’s names, trademarks and logos in connection with such advertising, marketing and promotion. iv. Customer will not be entitled to receive any refunds or credits should the WiFi Hotspot be interrupted or fail, regardless of the length of time during which the WiFi Hotspot is unavailable. v. All WiFi Equipment constitutes Spectrum Equipment. Customer may not relocate or disconnect the WiFi Equipment.

15. Desktop Security Service. Desktop Security Service is made up of software and hardware components.

Spectrum is not the manufacturer or supplier of any software or hardware components of the Desktop Security Service.

Spectrum shall update the Desktop Security Service from time-to-time based on manufacturer-provided updates.

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Enterprise Terms of Service v 230818 CONFIDENTIAL Page 30 of 40 © 2016-2023 Charter Communications, all rights reserved Attachment D
Fiber Internet Access Service (“FIA Service”)
Fiber Internet Access. If Customer elects to receive the FIA Service, Spectrum shall provide Customer with a dedicated, scalable connection over a packet-based infrastructure with Internet service provider (“ISP”) peering between Customer’s data network identified on a Service Order and Spectrum’s facilities.

FIA Service, or features of FIA Service, may not be available in all service areas. Spectrum’s FIA Service is “On-Net” if it is provided by Spectrum to Service Locations through the Spectrum Network. Spectrum may, in its discretion, provide Customer with “Off-Net” services to geographic locations that are outside of Spectrum’s service area or are not currently connected to the Spectrum Network through third party service providers. In addition, certain non-facilities-based services provided by third parties may be offered to Customer by Spectrum (“Third Party Services”). Third Party Services and OffNet Services may be subject to additional terms and conditions.

Customer’s use of the FIA Service is subject to the following additional terms and conditions:

1. FIA Service Speeds. Spectrum shall use commercially reasonable efforts to achieve the Internet speed attributable to the bandwidth for the FIA Service selected by Customer on the Service Order, however, actual speed, also known as throughput rate, may vary. Many factors affect speed experienced by Customer as outlined in Spectrum’s Network Management Practices.

2. Bandwidth Management. Spectrum shall have the right, but not the obligation, to (a) monitor traffic on its Network; and (b) monitor Customer’s bandwidth utilization and to limit excessive use of bandwidth (as determined by Spectrum) as Spectrum deems appropriate to efficiently manage the Spectrum Network. If Customer purchases Multi-Path FIA Service, Customer must ensure that no individual Path or data flow of such Service exceeds 2 Gbps (i.e. the rate of data transmission between any two MAC addresses and IP addresses). If Customer’s Multi-Path FIA Service includes a Path or data flow that exceeds 2 Gbps, Spectrum may limit such Path or data flow to 2 Gbps. For purposes of this Attachment, (i) “Path” shall mean a connection permitting data transmission between a MAC address and IP address and another MAC address and IP address, and (ii) “Multi-Path” shall mean FIA Services permitting data transmission between or among three (3) or more MAC addresses and IP addresses.

3. Acceptable Use Policy. Customer shall comply with the terms of Spectrum’s Acceptable Use Policy (“AUP”) found at https://enterprise.spectrum.com (or the applicable successor URL) and that policy is incorporated by reference into this Service Agreement. Customer represents and warrants that Customer has read the AUP and shall be bound by its terms as they may be amended, revised, replaced, supplemented or otherwise changed from time-to-time by Spectrum with or without notice to Customer. Spectrum may suspend Service immediately for any violation of the Spectrum AUP.

4. DDoS Protection Services.
(a) This Section only applies if Customer elects to purchase DDoS Protection Service to enable detection of distributed denial of service (“DDoS”) attacks, receive notifications of attacks, mitigation services, and post-event reporting of DDoS attack activity. Spectrum monitors Customer Internet traffic as it travels across Spectrum’s Network to detect anomalies that are symptomatic of a volumetric DDoS attack, as reasonably determined by Spectrum (a “DDoS Attack”). Spectrum requires that Customer: (i) provide information regarding Customer’s Internet traffic before Spectrum can provision the DDoS Protection Service and (ii) cooperate with Spectrum to conduct mitigation testing in order to activate the DDoS Protection Service. After DDoS Protection Service activation, Spectrum will monitor Customer’s Fiber Internet Access (FIA) network traffic flow for variations to the baseline traffic patterns. When the DDoS Protection Service detects an anomaly that is symptomatic of a DDoS Attack, the DDoS Protection Service alerts Spectrum. The DDoS Protection Service and associated countermeasures are configured to reduce disruption of Customer’s legitimate traffic, but Customer may experience slower Internet traffic speed during a DDoS Attack. Spectrum will remove the countermeasures and redirect Customer’s inbound network traffic to its normal path if Spectrum determines that the DDoS Attack has ended and there is no activity symptomatic of a DDoS Attack for an additional 4 hours. Customer may obtain status updates and reporting from Spectrum through a customer portal, or other means as determined by Spectrum. During the provisioning process, Customer may designate whether Spectrum is to provide “Proactive” or “Reactive” mitigation services as further described below. If Customer has designated Proactive mitigation, Customer may switch to Reactive mitigation and if Customer designated Reactive mitigation, Customer may switch to Proactive mitigation, at any time during the Initial Order Term. Spectrum will use commercially reasonable efforts to implement Customer’s change request within five (5) business days of receipt of Customer’s request.
(b) DDoS Proactive Mitigation Services. If Customer designates Proactive mitigation services, following service activation, Spectrum will automatically implement countermeasures upon Spectrum’s detection of a DDoS attack.

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Enterprise Terms of Service v 230818 CONFIDENTIAL Page 31 of 40 © 2016-2023 Charter Communications, all rights reserved (c) DDoS Reactive Mitigation Services. If Customer designates Reactive mitigation services, Customer understands that Spectrum will not automatically initiate any DDoS countermeasures unless and until a Customer representative calls Spectrum to notify Spectrum that Customer may be experiencing a DDoS Attack. If Spectrum has an existing ticket indicating detection of a DDoS Attack, Spectrum will use commercially reasonable efforts to initiate countermeasures within 15 minutes.
(d) Customer Requirements. DDoS Protection Services are only available in connection with Spectrum's On-Net FIA Services and are not available in all locations. Spectrum’s DDoS Protection Service is provided on an FIA connection by FIA connection basis. In the event Customer has more than one FIA connection advertising the same IP address(es), Customer is required to purchase DDoS Protection Service for each FIA connection. Spectrum’s ability to provide the DDoS Protection Services is contingent on (i) Customer providing accurate and timely information to Spectrum, including IP addresses and (ii) Customer-provided equipment and software being compatible with the DDoS Protection Service as determined by Spectrum in its sole discretion (e.g., Spectrum will not be able to provide a 3GB DDoS Protection Service if Customer has a 1GB Firewall).
(e) Disclaimers: Customer acknowledges the following additional terms for the DDoS Protection Services:
i. SPECTRUM DOES NOT SUPPORT, AND SHALL HAVE NO OBLIGATION TO PROVIDE, MITIGATION WITH RESPECT TO IPv6.
ii. DDoS mitigation only mitigates the effects of certain types of DDoS attacks and is not designed as a comprehensive security solution. When Customer Internet traffic is traveling over the Spectrum Network, Spectrum makes no guarantees that only DDoS attack traffic will be prevented from reaching the destination or that only legitimate traffic will reach Customer.
iii. Spectrum makes no warranty, express or implied, that: (1) with respect to DDoS Protection Service, all DDoS attacks will be detected; (2) DDoS Protection Service will successfully mitigate the incident, including without limitation if the DDoS attack generates a traffic volume that exceeds the amount of traffic that Spectrum can divert; or (3) the DDoS Protection Services will be uninterrupted or error-free. (f) Termination.

If Customer terminates any FIA Service for which Customer has also subscribed to DDoS Protection Service for any reason other than Spectrum’s material, uncured breach, then Customer shall be deemed to have terminated the corresponding DDoS Protection Service and Customer shall pay any applicable Termination Charges in accordance with the Service Agreement.

5. Data Center Cross Connect. A “Cross Connect” shall mean a connection between two networks within a data center. If Spectrum needs to connect its Network to Customer’s network within a data center or to a third-party’s network within a data center to deliver Spectrum Enterprise FIA Service to Customer, then a Cross Connect will be required where an external network-to-network interface (ENNI) connection is not used/unavailable. In such case, Customer may obtain the Cross Connect from the data center operator to make the connection to Spectrum’s Network or Customer can request that Spectrum purchase and coordinate installation of the Cross Connect, and if Spectrum agrees, Customer must execute a Service Order reflecting the applicable MRC and any OTC.

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Enterprise Terms of Service v 230818 CONFIDENTIAL Page 32 of 40 © 2016-2023 Charter Communications, all rights reserved Attachment E
WIDE AREA NETWORK (“WAN”) SERVICES
Ethernet, Cloud Connect and Wavelengths

1. Ethernet Service. Spectrum will provide Ethernet Services for Customer locations connected over coaxial and/or fiber-optic cable. Connectivity is established between two or more Customer end-points under a unique customer topology.

Spectrum will install the coaxial or fiber-optic cable into each Customer site as listed in the Service Order(s). Spectrum will also supply an edge or network interface device, which is Spectrum Equipment, at each site that will be capable of receiving the Service as specified in the Service Order(s).

Spectrum’s Ethernet Services are “On-Net” if they are provided by Spectrum to Service Locations through the Spectrum Network. Spectrum may, in its discretion, provide Customer with “Off-Net” services to geographic locations that are outside of Spectrum’s service area or are not currently connected to the Spectrum Network through third party service providers.

2. Cloud Connect Service. Spectrum will provide a Cloud Connect Service allowing Customer a private, layer 2 connectivity to cloud service providers (CSPs). Therefore, all terms herein shall apply to the Cloud Connect Service in addition to the Ethernet Service.

3. Wavelengths Service. Spectrum will provide Wavelengths for Customer locations connected over fiber-optic cable. Wavelengths are a high speed (10Gbps and 100Gbps), optical data transport solution that uses dense wave division multiplexing (DWDM) technology, delivering low-latency bandwidth across Spectrum Enterprise’s dense fiber network.

Connectivity is established between two Customer end-points in a point-to-point topology. Spectrum will install the fiberoptic cable into each Customer site as listed in the Service Order(s). Spectrum will also supply an edge device, which is Spectrum Equipment, at each site that will be capable of receiving the Service as specified in the Service Order(s).

Spectrum’s Wavelengths are “On-Net” if they are provided by Spectrum to Service Locations through the Spectrum Network.

Spectrum may, in its discretion, provide Customer with “Off-Net” services to geographic locations that are outside of Spectrum’s service area or are not currently connected to the Spectrum Network through third party service providers. Data Center Cross Connect. A “Cross Connect” shall mean a connection between two networks within a data center. If Spectrum needs to connect its Network to Customer’s network within a data center or to a third-party’s network within a data center to deliver Spectrum Enterprise Ethernet Service to Customer, then a Cross Connect will be required where an external network-to-network interface (ENNI) connection is not used/unavailable. In such case, Customer may obtain the Cross Connect from the data center operator to make the connection to Spectrum’s Network or Customer can request that Spectrum purchase and coordinate installation of the Cross Connect, and if Spectrum agrees, Customer must execute a Service Order reflecting the applicable MRC and any OTC.

4. Public, Education, and Governmental (“PEG”) Video Service. Spectrum will install a video encoder at the Service Location together with a private fiber underlay transport to deliver video and audio signals from a PEG Customer’s Service Location to Spectrum’s hub site or headend facility to enable cablecasting to Spectrum’s cable service subscribers.

5. Broadcaster Video Service. Spectrum will install a video encoder at the Service Location together with a private fiber underlay transport to deliver video and audio signals from a broadcaster Customer’s Service Locat ion to Spectrum’s hub site or headend facility to enable delivery on Spectrum’s video network.

7. Additional terms of use. Customer’s use of Ethernet Service, Wavelength and, as applicable, Cloud Connect Service, are subject to the following additional terms and conditions:
(a) If Customer purchases Multi-Path Ethernet Service, Customer must ensure that no individual Path or data flow of such Service exceeds 2 Gbps (i.e. the rate of data transmission between any two MAC addresses and IP addresses). If Customer’s Multi-Path Ethernet Service includes a Path or data flow that exceeds 2 Gbps, Spectrum may limit such Path or data flow to 2 Gbps. For purposes of this Attachment, (i) “Path” shall mean a connection permitting data transmission between a MAC address and IP address and another MAC address and IP address, and (ii) “Multi-Path” shall mean Ethernet Services permitting data transmission between or among three (3) or more MAC addresses and IP addresses. (b) Spectrum shall have the right, but not the obligation, to (a) monitor traffic on the Spectrum network, in its sole discretion; and (b) monitor Customer’s bandwidth utilization as Spectrum deems appropriate to efficiently manage its Network.

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Enterprise Terms of Service v 230818 CONFIDENTIAL Page 33 of 40 © 2016-2023 Charter Communications, all rights reserved (c) Customer’s use of Ethernet and/or Wavelengths Services is presumed by Spectrum to be jurisdictionally interstate, pursuant to the Federal Communications Commission’s mixed use “10% Rule” (47 C.F. R. 36.154, 4 FCC Rcd. 1352). It is Customer’s sole responsibility to notify Spectrum if Customer’s use of the Service is not jurisdictionally interstate pursuant to the 10% Rule and, so long as Customer’s use of the Service remains not jurisdictionally interstate, at Supplier’s request Customer will recertify that this condition remains in effect.

If Customer fails to provide such certification or if the Customer’s certification is inaccurate or invalid, Customer shall be liable for any resulting fees, fines, penalties and/or costs imposed on Spectrum by the Federal Communications Commission or the state regulatory agency in charge of telecommunications services.

In addition, if Spectrum determines that Customer’s use of the Ethernet Services is likely to be deemed not to be jurisdictionally interstate, and therefore that Spectrum’s provision of the Ethernet Services is likely to put Spectrum or its licenses, permits or business at risk, or otherwise cause financial, regulatory or operational problems for Spectrum, then Spectrum may immediately suspend the provision of any or all Ethernet Service under any or all affected Service Orders until such time as either (a) Customer provides Spectrum with satisfactory assurances that Customer’s use of Ethernet Services shall be deemed to be jurisdictionally interstate or (b) Customer is otherwise brought into full compliance with any applicable laws and regulations. Unless prohibited under applicable law, Customer at its own expense, shall indemnify, defend, and hold harmless Indemnified Parties against any and all third party claims, liabilities, lawsuits, damages, losses, judgments, costs, fees and expenses incurred by any Indemnified Parties, including reasonable attorney and other professional fees and court costs incurred by Spectrum Indemnified Parties, to the full extent that such arise from or relate to any fees, fines or penalties incurred by Spectrum as a result of Customer’s violation of the 10% Rule.

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Enterprise Terms of Service v 230818 CONFIDENTIAL Page 34 of 40 © 2016-2023 Charter Communications, all rights reserved Attachment F
Managed Services
Managed Network Edge Service (“MNE”), Enterprise Network Edge Service (“ENE”), Managed WiFi Service, Secure Access with Cisco Duo (“Cisco Duo”), Cloud Security with Cisco+ Secure Connect (“Cisco+ Secure Connect”), Managed Router Service (“MRS”), and Managed Security Service (“MSS”) (collectively, “Managed Services,” and each individually, a “Managed Service”) If Customer elects to purchase a Managed Service, Spectrum shall provide Customer with any required customer premises equipment (“CPE”) through which Customer can receive the purchased Managed Service(s) at Customer’s Service Location(s) across Customer’s network, as may be more particularly described and set forth in the applicable Service Order.

Customer’s use of any of the Managed Services, as applicable, is subject to the following additional terms and conditions:

The Managed Services may include software, firmware, and hardware components supplied by Spectrum or third parties. Spectrum is not the manufacturer or supplier of any software, firmware or hardware components of the Managed Services. Spectrum may update a Managed Service from time to time based on manufacturer-provided updates.

Technical Configuration Questionnaire.

Spectrum may request that Customer complete a “Technical Configuration Questionnaire” to obtain necessary information in order to provide a Managed Service. Incomplete or incorrect configuration information may adversely affect the Managed Service.

Security Limitations.

In accordance with the Disclaimer of Warranty and Limitation of Liability section of Spectrum’s Terms of Service, Customer assumes sole responsibility for use of the Managed Service and for access to and use of Customer Equipment used in connection with the Managed Service.

1. MANAGED NETWORK EDGE SERVICE. This section applies only if the Customer purchases one or more of the MNE Services below. Spectrum shall provide Customer with one or more CPE, as applicable, providing various network functions at Customer’s Service Location(s) across Customer’s network, as may be more particularly described and set forth herein and in the applicable Service Order. Customer and End Users are responsible for Internet connectivity and the provision of power (including any back-up power) at all Service Locations and End User locations (as applicable) in order for Customer and its End Users to utilize the MNE Service. If Internet connectivity or power at a Service Location, End User location, or for CPE suffers degradation or is unavailable for any reason, then the MNE Service at such location, or with respect to such CPE, may be degraded or inoperable. SPECTRUM

SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES ARISING AS A RESULT OF THE

UNAVAILABILITY OF ANY MNE SERVICE, OR PART THEREOF, FOR ANY REASON, INCLUDING, WITHOUT

LIMITATION, ANY CAMERA RECORDING, STORAGE OR ARCHIVING FUNCTIONS, EVEN IF THE FOREGOING IS RELATED TO A SECURITY OR SAFETY RELATED EVENT.
(a) Managed Network Edge. MNE Service provides routing, security, VPN capabilities, and security features at Customer’s Service Locations.
(b) Managed Network Edge WiFi. MNE WiFi Service provides Customer with wireless networking connectivity at Customer’s Service Locations. Spectrum will provide Customer with wireless access plan with MNE WiFi to identify recommended placement locations and coverage areas (based on square footage) consistent with quantity of devices ordered. As with any wireless service, actual coverage may vary from design and is limited based on varying factors such as, but not limited to, the number of devices deployed, distance from power source, structural impediments, and other interference factors. It is Customer’s responsibility to purchase additional MNE WiFi Service to augment coverage as may be needed.
(c) Managed Network Edge Switch. MNE Switch Service provides Customer with Layer 2/3 switching at Customer’s Service Locations.

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Enterprise Terms of Service v 230818 CONFIDENTIAL Page 35 of 40 © 2016-2023 Charter Communications, all rights reserved (d) Managed Network Edge Camera. MNE Camera Service provides Customer with CPE for capturing video data at Customer’s Service Locations. Upon request, Spectrum will coordinate with Customer to help identify camera placement locations and coverage areas (based on square footage), consistent with quantity of devices ordered. Actual camera coverage may vary from design and is limited based on various factors, including, but not limited to, the number of devices deployed, distance from power source, structural impediments, and other interference factors. It is Customer’s responsibly to purchase additional Camera Services to augment coverage as may be needed.
(e) Managed Network Edge Camera Cloud Storage: MNE Camera Cloud Storage Service provides camera cloud archiving to individual cameras as an add-on service to the MNE Camera Service (a separate cloud storage license is required for each camera). The Camera Cloud Storage Service is offered in 90, 180, and 365 day archiving options. (f) Managed Network Edge Teleworker. MNE Teleworker Service provides Customer with router and VPN capabilities for remote work locations (e.g., home or small office). MNE Teleworker Service devices will be shipped to the Customer’s designated contact who will be responsible for forwarding the devices to End Users. Customer shall also be responsible for retrieving MNE Teleworker Service devices from End Users upon termination of the MNE Teleworker Service. Installation of the MNE Teleworker Service devices will be performed on a self-install basis. Individual End Users shall contact Customer for support regarding the MNE Teleworker Service, and not contact Spectrum directly .

Notwithstanding anything in the Terms of Service to the contrary, the MNE Teleworker Service Initial Order Term and Billing Start Date will begin upon delivery of the MNE Teleworker Service equipment to Customer, as indicated by Spectrum's designated courier. Customer must purchase MNE Service from Spectrum in order to purchase MNE Teleworker Service.
(g) Managed Network Edge Virtual Edge (vMX): MNE Virtual Edge (vMX) Service provides a virtualized network edge connecting Customer’s network to one of the following cloud environments: Amazon Web Services, Google Cloud Platform, or Microsoft Azure. Customer must establish its own account with Amazon, Google or Microsoft, as applicable, and purchase a cloud instance to host the Virtual Edge software. Customer must purchase MNE Service from Spectrum in order to purchase MNE Virtual Edge (vMX) Service.
(h) Managed Network Edge AnyConnect: MNE AnyConnect Service consists of a VPN server configured on Customer’s MNE edge device and accessed by AnyConnect Plus VPN client software installed on Customer’s End Users’ device. When using AnyConnect products or services offered through Spectrum, Customer and each End User agrees and accepts Cisco’s applicable AnyConnect terms, including the following: (i) Cisco End User License Agreement for AnyConnect Secure Mobility Client available at https://www.cisco.com/c/dam/en_us/about/doing_business/legal/seula/DOC-1.pdf, and (ii) Supplemental End User License Agreement available at
https://www.cisco.com/c/dam/en_us/about/doing_business/legal/seula/anyconnect-SEULA-v4x.pdf. Notwithstanding anything in the Terms of Service to the contrary, the MNE AnyConnect Service Initial Order Term and Billing Start Date will begin upon the date that Spectrum provides AnyConnect license information to Customer. Customer must purchase MNE Service from Spectrum in order to purchase MNE AnyConnect Service. (i) Managed Network Edge Sensors: MNE Sensors provide insights into Customer’s workspace. The sensors provide Customer with near real-time visibility and the ability to avoid disruptions by setting alerts and notifications to Customer to changes in conditions in their environments via a portal. Examples of MNE Sensor types include:

Temperature and Humidity. Open/Close, Water Detection, Temperature Probe, Air Quality, Smart Button. (j) Managed Network Edge for Hospitality: MNE for Hospitality Service provides the Customer with a WiFi network solution with wireless access points (“WAPs”) deployed at the Service Location to enable designated users of the Customer’s choice to wirelessly access the Internet.

MNE Hospitality Service or certain features (guest support, property management system (PMS) integration, site management portal, and conference manager), may not be available in all service areas and may change from time to time.

2. ENTERPRISE NETWORK EDGE SERVICE. This section applies only if the Customer purchases one or more of the ENE Services below. Spectrum shall provide Customer with one or more CPE, as applicable, providing various network functions at Customer’s Service Location(s) across Customer’s network, as may be more particularly described and set forth herein and in the applicable Service Order. Customer is responsible for Internet connectivity and the provision of power (including any back-up power) at all Service Locations in order for Customer to utilize the ENE Service.

If Internet connectivity or power at a Service Location, or if CPE suffers degradation or is unavailable for any reason, then the ENE Service at such location may be degraded or inoperable.

SPECTRUM SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES ARISING AS A RESULT OF THE UNAVAILABILITY OF ANY ENE SERVICE, OR PART THEREOF, FOR ANY REASON.

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Enterprise Terms of Service v 230818 CONFIDENTIAL Page 36 of 40 © 2016-2023 Charter Communications, all rights reserved (a) Enterprise Network Edge. ENE Service provides routing, VPN capabilities, and security features at Customer’s Service Locations.
(b) Enterprise Network Edge Switch. ENE Switch Service provides Customer with Layer 2/3 switching at Customer’s Service Locations.
(c) Enterprise Network Edge Virtual Machine. ENE Virtual Machine Service provides a virtualized network edge connecting Customer’s network to one of the following cloud environments: Amazon Web Services, Microsoft Azure.

Customer must establish its own account with Amazon or Microsoft, as applicable, and purchase a cloud instance to host the Virtual Machine software. Customer must purchase ENE Service from Spectrum in order to purchase ENE Virtual Machine Service.
(d) Enterprise Network Edge WiFi. ENE WiFi Service provides Customer with wireless Networking connectivity at Customer’s Service Locations. Spectrum will provide Customer with a wireless access plan with ENE WiFi to identify recommended placement locations and coverage areas (based on square footage) consistent with quantity of devices ordered. As with any wireless service, actual coverage may vary from design and is limited based on varying factors such as, but not limited to, the number of devices deployed, distance from power source, structural impediments, and other interference factors. It is Customer’s responsibly to purchase additional ENE WiFi Service to augment coverage as may be needed.

3. MANAGED WIFI SERVICE. This section applies only if Customer purchases the Managed WiFi Service. (a) Spectrum will provide Managed WiFi solution with wireless access points (“WAPs”) deployed at the designated Service Location to enable designated users of the Customer’s choice to wirelessly access the Internet as more specifically set forth in a Service Order. Managed WiFi Service or certain features, may not be available in all service areas and may change from time to time, in Spectrum’s sole discretion. (b) Internet Access. Spectrum may provide Managed WiFi Service to locations where Spectrum will not be the primary Internet access provider, provided that Customer purchases an Internet access Service from Spectrum for the sole purpose of providing Spectrum direct internet connectivity to the Managed WiFi Service equipment (e.g. switches and controllers) for the purpose of administration and monitoring. (c) Connectivity to Local Area Networks. Configuration of the Managed WiFi Service will be as agreed in the Spectrum WiFi questionnaire completed by the Parties. Customer will need to train and engage Customer’s staff for all ongoing support issues. The Managed WiFi Service does not include support for connectivity to any device (printers, laptops, computers, routers, etc.).

4. SECURE ACCESS WITH CISCO DUO.

This section applies only if the Customer purchases Cisco Duo Service. Cisco Duo Service is a subscription-based service that delivers multi-factor authentication (MFA), device trust, policy based access, and/or single sign on, as purchased by Customer. Cisco Duo Service adds protection to applications on Customer’s network, and enables a second source of validation, such as via a smartphone or token, to verify user identity before granting access. Customer must purchase the number of subscriptions/seats that corresponds to the number of individual End Users of the Cisco Duo Service. The Cisco Duo Service includes an initial allotment of telephony credits for text message charges related to the transmission of a token/passcode to the End User. Once the initial allotment of telephony credits is used, Customer is responsible for purchasing additional telephony credits.

When using Cisco Duo Service offered through Spectrum, Customer and each End User agrees to and accepts Cisco’s applicable Duo Service Terms and Conditions available at: https://duo.com/legal/pass-through-terms (or the applicable successor URL).

5. CLOUD SECURITY WITH CISCO+ SECURE CONNECT.

This section applies only if the Customer purchases Cisco+ Secure Connect Service. Cisco+ Secure Connect Service is a subscription-based service designed with security features to connect End Users to various resources, including, without limitation, applications hosted in common public cloud platforms and private data centers.

Customer must purchase the number of subscriptions/seats that corresponds to the number of individual End Users of the Cisco+ Secure Connect Service.

When using Cisco+ Secure Connect Service offered through Spectrum, Customer and each End User agrees to and accepts the Cisco End User License Agreement and Product Specific Terms for Cisco+ Secure Connect, both available at www.cisco.com/go/eula (or the applicable successor URL).

6. DESIGN, INTEGRATION AND SUPPORT SERVICES ANCILLARY TO CISCO DUO SERVICE AND/OR CISCO+ SECURE CONNECT SERVICE. If Customer purchases Cisco Duo Service and/or Cisco+ Secure Connect Service, Customer may also purchas one or more of the following ancillary services, as applicable:
(a) Integration and Design Service.
i.Application Integration Service (Applicable only to Cisco Duo Service) Customers who purchase Application Integration Service will receive assistance from Spectrum with configuring a client application (e.g., GoogleDocs, Salesforce, etc.) for Cisco Duo Service multi-factor authentication. Customer will be required to complete a Questionnaire that identifies applications to be configured. ii.Design Service (Applicable to Cisco Duo Service and Cisco+ Secure Connect Service) Design Service helps Customer plan, design, and execute the deployment of Cisco Duo Service and/or Cisco+ Secure Connect Service. Design Service is customized for each Customer on an individual case basis. (b) Support Service.
i.QuickStart Service (Applicable to Cisco Duo Service and Cisco+ Secure Connect Service) QuickStart Service includes 12 hours of technical support by Spectrum to assist Customer with onboarding, user profiles, change management, and security profile tuning. The 12 hours of technical support are scheduled between Customer and Spectrum, as needed, to assist with initial deployment. The 12 support hours must be used within the first 12 months following the Billing Start Date, and any unused hours expire at the end thereof. ii.Advanced Support Service (Applicable to Cisco Duo Service and Cisco+ Secure Connect Service) Advanced Support Service includes 4 hours per month of advanced technical support by Spectrum. Customer is responsible for scheduling Advanced Support Service working sessions with Spectrum personnel to assist with technical support services, including, without limitation, service configurations, user onboarding, application testing, change management, and security profile tuning. Unused hours in one month do not roll over to the following month.

7. MANAGED ROUTER SERVICE. This section only applies if Customer purchases MRS. (a) Spectrum will provide a managed router solution with a router deployed at the designated Service Location configured according to the Questionnaire. MRS or certain features, may not be available in all service areas and may change from time to time.
(b) Connectivity. MRS is only available when connected via Spectrum FIA, Spectrum Business High-Speed Internet Service, or Spectrum Ethernet Services. A third party connection can be used as a secondary connection where Spectrum is providing the primary connection.
(c) Termination. If Customer terminates the Spectrum Service to which Customer has connected the MRS, then Customer shall be deemed to have terminated the corresponding MRS and may be subject to Termination Charges in accordance with the Terms of Service.

8. MANAGED SECURITY SERVICE. This section only applies if Customer purchases MSS. (a) Spectrum will provide a managed firewall solution with a firewall deployed at the designated Service Location configured according to the Questionnaire. MSS or certain features, may not be available in all service areas and may change from time to time.
(b) Standard and Advanced. MSS has two service levels with different features. MSS Standard provides firewall functions such as port forwarding and NAT. MSS Advanced provides the features from MSS Standard plus additional features such as anti-virus/anti-malware, URL and web filtering, content filtering, intrusion prevention system (IPS) and deep packet inspection.
(c) Connectivity. MSS is only available when connected via Spectrum FIA or Spectrum Business High-Speed Internet Services. A third party connection can be used as a secondary connection where Spectrum is providing the primary connection.
(d) Termination. If Customer terminates the Spectrum Service to which Customer has connected MSS, then Customer shall be deemed to have terminated the MSS and may be subject to Termination Charges in accordance with the Terms of Service.

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Enterprise Terms of Service v 230818 CONFIDENTIAL Page 38 of 40 © 2016-2023 Charter Communications, all rights reserved Attachment G
Wireless Internet Access Service
Spectrum Wireless Internet Access Service. Wireless Internet access service is a fixed-location data service, not a voice service that is implemented using 4G LTE Internet access technology (“WIA Service”). The network used to transmit the data services that support WIA Service is owned and operated by a licensed commercial mobile network operator(s) and not Spectrum (the “Third-Party Network”). WIA Service may not be available in all Spectrum service areas.

Spectrum offers two types of WIA Service: Wireless Internet and Wireless Internet Backup. Customer’s use of Wireless Internet and/or Wireless Internet Backup Service is subject to the following additional terms and conditions:

1. Wireless Internet.
(a) Plan Terms. Wireless Internet is available in multiple service plans with either unlimited data usage per month or with a data allowance limit per month. For Wireless Internet ordered with unlimited data usage, Spectrum reserves the right to revise the wireless data rate of such service plan to 600Kbps when Customer has used 150GB of data within a single monthly billing cycle. At the start of the next billing cycle, the data usage and data speed will reset. For Wireless Internet ordered with a data allowance, once the data allowance is reached in a given monthly billing cycle, excess data charges may apply as outlined in Section 4 below.
(b) Data Sharing; Excess Data Charges. If Customer purchases more than one of the same Wireless Internet service plans (excluding unlimited plans), all such same service plans will participate within the same data pool (“Data Pool”). For example, if Customer purchases 3-1GB Wireless Internet service plans and 2-5GB Wireless Internet service plans, then Customer will have two separate Data Pools, a 1GB service plan Data Pool and a 5GB service plan Data Pool. The maximum Data Allowance for a Data Pool is calculated as the Wireless Internet service plan data allowance multiplied by the number of service plans. Any unused data in the maximum Data Allowance for a single service plan within the Data Pool is first applied to the overages for the service plan with the lowest overage need and then to the next lowest overage service plan until the maximum Data Allowance has been applied. If the total data usage is less than the maximum Data Allowance for the Data Pool, there is no excess usage charge. If, however, all of the service plans within the Data Pool collectively exceed the maximum Data Allowance, then Customer shall be subject to additional Service Charges with respect to the excess usage as stated on the applicable Service Order. Unused Data Allowance in a given billing cycle does not “roll over” to future billing cycles. Wireless Internet service unlimited service plans and Wireless Internet Backup services are not eligible for participation within a Data Pool.

2. Wireless Internet Backup. Wireless Internet Backup is a secondary Internet service and may have limited functionality during failover of the primary Internet service. Customer may only order Wireless Internet Backup with and for the same Order Term as a new or existing FIA Service (up to a maximum of 200 Mbps) provided by Spectrum, and not a third party provider, for the same Service Location, which service shall be cancelled if the FIA Service is terminated for any reason. The wireless data rate will not exceed 10 Mbps. Spectrum may terminate the Wireless Internet Backup Service if Spectrum determines, in its sole discretion, that: (a) Spectrum is unable to provide the Wireless Internet Backup at the requested Service Location; or (b) Customer is using the Wireless Internet Backup as a primary Internet service. Spectrum’s termination of the Wireless Internet Backup Service shall have no effect on the FIA Service, which Service Order will remain in effect.

3. WIA Billing and Data Usage. The Service Charges will be billed in the amounts stated on the applicable Service Order. Spectrum invoices for monthly recurring Service Charges, plus applicable taxes, fees, and surcharges, in advance on a monthly basis. All usage-based charges will be invoiced monthly in arrears.

Except as set forth below with respect to data sharing, if a Service Order for Wireless Internet sets forth a maximum “Data Allowance” (defined below), then Customer shall be subject to the additional Service Charges with respect to such excess usage (“Overage Rates”). Overage Rates for Wireless Internet Service are available at https://enterprise.spectrum.com/services/internet-networking/internet/wireless-internet/overage-rates.html (or successor URL). Spectrum reserves the right to change its WIA plans and Overage Rates at any time.

4. Service Quality. Spectrum selects the Third-Party Network from multiple network operators for each Service Location. Customer acknowledges that (i) WIA Service may be unavailable if the wireless device used in providing WIA Service is not in range of a transmission site; and (ii) there are many factors that may impact availability and quality of WIA Service, including without limitation, network capacity, signal strength, terrain, trees, placement of buildings, environmental conditions, the characteristics of the physical wireless device and any device to which it is attached, government regulations, maintenance, or other activities affecting service operations; Item 1BB - Page 42
Enterprise Terms of Service v 230818 CONFIDENTIAL Page 39 of 40 © 2016-2023 Charter Communications, all rights reserved (iii) service interruptions may occur as a result of acts of third parties that damage or impair the Third-Party Network or in connection with modifications, upgrades, relocations, repairs or other similar activities conducted by the Third-Party Network operator; and (iv) data delays and omissions may occur. Spectrum does not guarantee any bandwidth specifications and actual Internet upload and download speed, also known as throughput rate, may vary. The Third-Party Network operators may also suspend services from time-to-time. Customer waives all rights and claims against Spectrum and the Third-Party Network operators related to, or as a result of, the unavailability or quality of WIA Service and/or the Third-Party Network.

5. Power Disruptions. The WIA Service equipment is electrically powered and will not work in a power outage.

Spectrum may supply Customer with a battery backup for use in the event of a power outage in connection with the Wireless Internet Backup service. WIA SERVICE DOES NOT HAVE ITS OWN POWER SUPPLY. IF THERE IS A POWER OUTAGE, WIA SERVICES WILL NOT WORK.

6. Acceptable Use Policy; Third Party Network Terms.
(a) Customer shall comply with the terms of Spectrum’s Acceptable Use Policy (“AUP”), found at www.enterprise.spectrum.com (or the applicable successor URL) and that policy is incorporated by reference into this Service Agreement. Customer represents and warrants that Customer has read the AUP and shall be bound by its terms as they may be amended, revised, replaced, supplemented or otherwise changed from time-to-time by Spectrum with or without notice to Customer. Spectrum may suspend Service immediately for any violation of the AUP. The AUP shall apply even though the traffic is delivered over a Third-Party Network. (b) Customer shall not resell the WIA Service, either alone or as part of a solution, to end users. Customer must also comply with the applicable service terms and conditions and acceptable use and other policies of the Third-Party Network operators (“Third-Party Terms”) found at:

AT&T Internet of Things Wireless Communications Service Guide:
https://www.att.com/legal/terms.aup.html (or successor URL).

Verizon ThingSpace Terms and Conditions:
https://thingspace.verizon.com/legal/terms-of-service.html (or successor URL).

The Third-Party Terms may be amended, revised, or supplemented from time to time in the Third-Party Network operator’s sole discretion. Customer is solely responsible to verify the applicable Third-Party Terms, including any changes to such Third-Party Terms.
(c) To the extent that the Third-Party Terms or any acceptable use policy are inconsistent with the Spectrum Terms of Service or AUP, the Spectrum Terms of Service and AUP shall control.

7. Security; Use Restrictions. Customer shall take commercially reasonable security measures when using the WIA Service, and Customer assumes sole responsibility for use of the WIA Service and for access to and use of Customer Equipment used in connection with the WIA Service. If Customer Equipment is lost or stolen, Customer shall immediately notify Spectrum in writing so that Spectrum can suspend the WIA Service with respect to such Customer Equipment in order to prevent unauthorized use of the WIA Service. Until Spectrum receives Customer’s notification, in a manner directed by Spectrum, of lost or stolen Customer Equipment, Spectrum is entitled to assume that any use of the WIA Service in connection with such device is authorized by Customer and Customer shall be responsible for any such use and associated charges. Customer shall not use WIA Services for any remote medical monitoring or any other activity that is subject to the Health Insurance Portability and Accountability Act. Due to regulatory requirements, Customer must obtain Spectrum’s approval before installing, deploying or using any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate WIA Services.

8. Termination.
(a) If Customer cancels a WIA Service, in addition to any applicable Termination Charges, Customer shall pay all Service Charges for the WIA Service through the end of the monthly billing period during which the WIA Service was cancelled, including charges for exceeding any data usage limitations that applied to a Wireless Internet Service plan, and applicable taxes and fees.
(b) When a line of service is terminated, Customer shall ensure that the Equipment that was activated on that line (“Terminated Equipment”) does not register or attempt to register after such termination on the Third-Party Network on which the WIA Service had been provided.

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Enterprise Terms of Service v 230818 CONFIDENTIAL Page 40 of 40 © 2016-2023 Charter Communications, all rights reserved Spectrum shall have the right to use over-the-air means to access Terminated Equipment for the purpose of downloading software or the Third-Party Network operator’s then-current preferred roaming list designed to disable Terminated Equipment to prevent attempts to contact the Third-Party Network. (c) Spectrum may terminate WIA Service immediately upon notice to Customer if Spectrum is no longer permitted by the Third-Party Network operator to provide WIA Service to its customers for any reason.

NO THIRD-PARTY LIABILITY. CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT IT HAS NO

CONTRACTUAL RELATIONSHIP WHATSOEVER WITH THE THIRD-PARTY NETWORK OPERATORS OR THEIR

AFFILIATES OR CONTRACTORS AND THAT CUSTOMER IS NOT A THIRD-PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN SPECTRUM OR ITS LICENSORS AND THE THIRD-PARTY NETWORK OPERATORS. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT : (A) THE THIRD-PARTY NETWORK OPERATORS

AND THEIR AFFILIATES AND CONTRACTORS SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO CUSTOMER AND CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS OR DEMANDS THEREFOR; (B)

DATA TRANSMISSIONS AND MESSAGES MAY BE DELAYED, DELETED OR NOT DELIVERED, (C) THE SERVICE IS A FIXED-LOCATION DATA SERVICE, NOT A VOICE SERVICE, AND 911 OR SIMILAR EMERGENCY CALLS MAY NOT

BE COMPLETED, AND (D) THE THIRD-PARTY NETWORK OPERATORS CANNOT GUARANTEE THE SECURITY OF

WIRELESS TRANSMISSIONS AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY RELATING TO THE USE OF THE CONNECTIVITY SERVICES.

Item 1BB - Page 44
Revised 4.13.23 Page 11 of 17
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1BB - Page 45

ATTACHMENT B
Item 1BB - Page 46
Item 1BB - Page 47 PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 1. Name of Entity Charter Communications Operating, LLC 2. Address of Entity (Principle Place of Business)

3. 4.
12405 Powerscourt Dr., St. Louis, MO 63131
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State California
If other than California, is the Entity also registered in California? F Yes F No

5. Type of Entity -We are a publicly traded company - https://ir.charter.com/financialinformation/quarterly-results

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

Palm Springs City CouncilNovember 9, 2023

Palm Springs City Council
November 9, 2023