Agenda
Regular Meeting
Redding City Council
Council Chambers
777 Cypress Avenue
Redding, CA
February 18, 2025
6:00 PM
This meeting will include teleconference participation by Mayor Pro Tempore Erin Resner (Government Code Section 549 53). In addition to the meeting location above, members of the public may participate in the meeting from the following teleconference location:
Tamarack Lodge
311 Village Drive
Donnelly, Idaho 83615
1. CALL TO ORDER - MAYOR JACK MUNNS
A. Pledge of Allegiance
B. Invocation - Pastor Glenn Gibson, Palo Cedro Seventh-day Adventist Church C. Roll Call
3. PUBLIC COMMENT - for non-agendized matters within the city’s jurisdiction.
PURSUANT TO THE BROWN ACT, CITY COUNCIL CANNOT TAKE ACTION ON PUBLIC
COMMENT ITEMS
The City Council will allocate up to a maximum of three minutes per speaker for 30 minutes total, at the beginning of the meeting for Public Comment for non -agendized matters within the City’s jurisdiction.
The Mayor will determine the order of the speakers. If 30 minutes is not adequate to accommodate all of the individuals who have submitted a Speaker Request Form to the City Clerk, the Council will trail this item to the end of the open session agenda. The remaining speakers will address the City Council at that time.
If anyone wishes to address the City Council on any item considered at this meeting before or during Council’s consideration of that item, plea se fill out a blue Speaker Request Form, located in the lighted alcoves at the back of the Council Chambers, and submit it to the City Clerk. The City Council will allocate up to a maximum of three minutes per speaker for each agenda item. Staff reports are available on-line at the City’s web site at www.cityofredding.gov or in the Public View binder located on the podium at the north side of the Chambers.
PLEASE SILENCE YOUR CELL PHONES. THANK YOU.
Redding City Council February 18, 2025
4. CONSENT CALENDAR
The Consent Calendar contains items considered routine and/or which have been individually scrutinized by City Council Members and are anticipated to require no further deliberation. If a member of the public wishes to address an item on the Consent Calend ar, please fill out a Speaker Request Form and submit it to the City Clerk before the Consent Calendar is considered . It shall be the prerogative of any Council Member, before the Consent Calendar is acted upon, to: (1) comment on an item; (2) respond to any public comment on an item; (3) request the record reflect an abstention or nay vote on an item; or (4) remove an item and place it on the Regular portion of the agenda for delivery of a staff report and/or an extended discussion or deliberation.
4(a). Approve City Council Minutes: Special Meeting – Closed Session of February 4, 2025; and Regular Meeting of February 4, 2025.
4.1(a). Authorize the City Manager to sign a City of Redding (City) Planning Application for a tentative subdivision map for The Peaks Subdivision proposed on City-owned land, adjacent to Quartz Hill Road.
4.2(b). Authorize and approve the following actions:
(1) Authorize the City Manager, or designee, to submit a grant applicati on for the State of California’s Department of Housing and Community Development CalHome Program for an amount not to exceed $5,000,000; and
(2) Find that applying for grant funding is not considered a project under the California Environmental Quality Act.
4.3(a). Authorize the City Manager, or designee, to approve the acquisition of additional Voice over Internet Protocol licenses, as needed, to ensure appropriate license counts for staff, ensuring prompt and ongoing access to the City’s phone system.
4.8(a). Authorize the City of Redding Fire Department to submit an application to the United States Department of Agriculture for the Community Wildfire Defense Grant in the amount of $4,600,000, to mitigate wildfire dangers and implement recommendations in the Community Wildfire Protection Plan.
4.9(a). Approve and ratify submission of a California Office of Traffic Safety Selective Traffic Enforcement Program grant application in the amount of $ 433,741; and authorize the City Manager, or designee, to execu te the grant agreement and all subsequent documents including administratively appropriating the funds, if the grant is awarded.
4.9(b). Adopt Resolution authorizing the City Manager, or designee, to execute all documents necessary for the acceptance of Homeland Security Grant funds received through Shasta County Health and Human Services.
Redding City Council February 18, 2025
4.11(a). Authorize and a pprove increases to the project budget in the amount of $18,356.92 for the completion of Bid Schedule No. 5302 (Job No. 5424 -98), City Cou ncil Chambers Audio Visual Upgrade Project as outlined below for additional improvements:
(1) Increase of $13,666.33 to the construction management budget, bringing the construction management total to $69,666.33; and
(2) Increase of $4,690.59 to the constructio n contingency budget, bringing the construction contingency budget to $56,690.59.
4.11(b). Authorize and approve the following actions relative to Request for Proposals No. 5517, to provide engineering and environmental services for the Butte Street Boogie Network Project:
(1) Award the Consultant and Professional Services Contract to GHD Inc., in an amount not to exceed $1,134,848.61;
(2) Authorize the Mayor to sign the contract with GHD Inc.; and (3) Authorize the City Manager , or designee, to approve contract amendments in an amount not to exceed $70,000 in total.
4.11(c). Authorize and approve the following actions relative to Bid Negotiation No. 5555 (Job No. 2725), Buckeye Water Treatment Plant Filters 5 through 8 Repairs:
(1) Award to RTA Construction, Inc. in the amount of $576,500; (2) Approve an additional $182,000 to cover the cost of administration and inspection fees;
(3) Approve $30,000 for project development costs;
(4) Approve $60,000 to provide construction contingency funding; (5) Authorize the City Manager to approve additional increases in either the construction management or construction contingency amounts up to a total of $50,000; and
(6) Find that the Project is categorically exempt from review under the California Environmental Quality A ct, pursuant to Section 15301 - Existing Facilities.
4.11(d). Authorize and approve the following actions relative to the Summary Vacation of River Mist Lane and Lagoon Drive (A-2025-00888):
(1) Adopt Resolution summarily vacating River Mist Lane and Lagoon Drive within the Riverstone Subdivision (S -2023-00582/AMND-2024- 00503) and reserving Public Service Easements as described in Exhibit A and depicted in Exhibit B;
(2) Adopt Resolution approving Street Renaming Application (STRT -2024- 01600) for the renaming o f River Mist Lane and a portion of Lagoon Drive to River Mist Walk;
(3) Find the action consistent with the General Plan; and (4) Find the Summary Vacation categorically exempt from environmental review under the California Environmental Quality Act Guidelines, p er Section 15035 - Minor Alterations in Land Use Limitations and the Street Renaming exempt per Section 15061(b)(3) – Common Sense Exemption.
Redding City Council February 18, 2025
4.11(e). Accept update regarding the emergency work for the South Street Water Main at Railroad Emergency Replac ement Projec t and, in accordance with Public Contract Code Section 22050(c)(1), make a determination by a four -fifths vote that there is a need to continue the emergency work.
4.15(a). Approve Resolution, effective March 2, 2025, updating the City of Re dding Master Employee Salary Schedule classification titles and pay rates/ranges to comply with the California Public Employees’ Retirement System requirement that all information be consolidated in one master document.
RECOMMENDATION: ACCEPT, ACKNOWLEDG E, ADOPT, APPROVE,
AND/OR AUTHORIZE ALL ITEMS ON THE CONSENT CALENDAR.
5. APPOINTMENTS
Mayor Jack Munns
5.1. Consider reappointment to the Shasta Public Library Citizens Advisory Committee.
Recommendation:
Accept Mayor’s recommendation to rea ppoint Jennifer Powell to the Shasta Public Library Citizens Advisory Committee to serve a four -year term expiring on November 30, 2028.
9. REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENTS,
BOARDS, COMMISSIONS AND COMMITTEES
City Manager
9.1(b). Consider Resolution to confirm and ratify the City of Redding Proclamation declaring a local emergency due to flooding.
Recommendation:
Adopt Resolution by a four-fifths vote to confirm and ratify the Proclamation of the Director of Emergency Services declaring a local emergency and authorizing the City Manager to repair or replace public facilities and procure the necessary equipment, services, and supplies for those purposes without solicitation of competitive bids in accordance with Public Contract Code 20168 and 22050.
9.1(c). Consider actions regarding the AT HOME Shasta Ad Hoc Committee.
Recommendation:
Accept presentation regarding the AT HOME Shasta Ad Hoc Committee (Committee); and, if the City Council wishes to continue partic ipation, consider appointing two City Council Members to serve on the Committee for Calendar Year 2025. Mayor Jack Munns and Council Member Tenessa Audette currently serve on the Committee.
Redding City Council February 18, 2025
Personnel
9.15(b).
Consider Resolution of Intention and introduc tion of Uncodified Ordinance amending the City of Redding's contract with California Public Employees' Retirement System (CalPERS) to allow Unrepresented Safety and Non -Safety Employees and Elected Officials to share additional costs of the retirement benefit.
Recommendation:
Authorize and approve the following:
(1) Adopt Resolution of Intention giving notice of the City of Redding’s intent to amend the contract with California Public Employees’ Retirement System (CalPERS) pursuant to Public Employees’ Ret irement Law, Section 20516 – Cost Sharing, for Unrepresented Employees and Elected Officials; and (2) Introduce an uncodified Ordinance by title only, and waive the full reading of the proposed Ordinance, regarding implementation of changes to the City of Redding’s contract with CalPERS as referenced above.
11. COUNCIL TRAVEL REPORT(S)
City Council Member attendance at conference/meetings reimbursed at City expense. {Requirement of Assembly Bill 1234}
[A-050-060]
Information Only
12. SUGGESTIONS FROM COUNCIL MEMBERS RELATIVE TO POTENTIAL TOPICS
FOR FUTURE CITY COUNCIL MEETINGS
13. ADJOURNMENT
Redding City Council February 18, 2025
Pursuant to the Brown Act, non -confidential materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for inspection during normal business hours at the Office of the City Clerk, 3 rd Floor, City Hall, 777 Cypress Avenue, Redding, California.
City Council Meetings will be televised live on Shasta Co mmunity Access Channels via Charter/Spectrum Cable channel 181 , and will be rerun on Thursday at 12:30 p.m. during the week in which the meeting is held. Additionally, the meeting can be viewed online at the following: https://www.shastaartscouncil.org/scactv. Video of the City Council meetings can also be viewed on the City’s web site at http://www.cityofredding.gov/. Open the Services tab, and select City Council Videos.
In compliance with Title II of the Americans with Disabilities Act, the City of Redding will make available to persons with disabilities modifications or accommodations including auxiliary aids or services necessary to participate in public meetings. A person needi ng assistance should contact the Redding City Clerk by telephone at (530) 225 -4447 or in person, or by mail at 777 Cypress Avenue, 3 rd Floor, Redding, California 96001 at least three (3) working days in advance.
The City of Redding will ensure that no person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination under any of its projects, activities, services, or business opportunities on the basis of race, color, national origin, age, sex, or disability, as afforded by Title VI of the Civil Rights Act of 1964 and related statutes as amended. All persons, regardless of their citizenship status, are covered under this regulation.
Questions, complaints, or requests for accommodations or additional info rmation may be forwarded to the ADA & Title VI Coordinator at 777 Cypress Avenue, Attn: Personnel Dept., Redding, California 96001, Phone (530) 225-4065.
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Approve City Council Minutes: Special M eeting – Closed Session of February 4, 2025; and Regular Meeting of February 4, 2025.
Attachments
^ Unofficial Minutes - Special Meeting - Closed Session of February 4, 2025 ^Unofficial Minutes - Regular Meeting of February 4, 2025 MEETING DATE: February 18, 2025
ITEM NO. 4(a)
FROM:
***APPROVED BY***
[email protected]
[email protected]
SUBJECT: 4(a)--Approve City Council Minutes.
Sharlene Tipton, City Clerk
Packet Pg. 7
2/4/2025
Unofficial Minutes Redding City Council, Special Meeting Civic Center Council Chambers
777 Cypress Avenue
Redding, CA 96001
February 4, 2025, 5:15 P.M.
The meeting was called to order by Mayor Jack Munns with the following Council Members present: Tenessa Audette , Mike Littau and Erin Resner . Council Member Dr. Paul Dhanuka arrived at 5:23 p.m.
Also present: City Attorney Christian M. Curtis, City Manager Barry Tippin, Assistant City Manager Steve Bade, City Clerk Sharlene Tipton, and Executive Assistant Erin Barnhart.
PUBLIC COMMENT
Mayor Munns determined that no one present wished to address the items agendized for Closed Session.
CLOSED SESSION
At the hour of 5: 15 p.m., Mayor Munns opened the Special Meeting and announced that the Council would adjourn to Closed Session.
Council Member Dr. Dhanuka arrived at 5:23 p.m.
At the hour of 6:03 p.m., Mayor Munns reconvened the Special Meeting to Open Session and reported that in reference to:
3A. Closed Session pursuant to California Government Code Section 54956.9(d)(1):
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Wynhoff v. City of Redding; Shasta County Superior Court Case No. 24CV-0204924
Pursuant to Government Code Section 54957.1(a), the City Council took no reportable action on this item.
3B. Closed Session pursuant to California Government Code Section 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property Location: 7251 Eastside Road; Assessor’s Parcel No. 050-050-010 Agency Negotiator: City Manager Tippin
Negotiating Parties: City of Redding and County of Shasta Under Negotiation: Price and Terms
Pursuant to Government Code Section 54957.1(a), the City Council took no reportable action on this item.
ADJOURNMENT
There being no further business at the hour of 6:04 p.m., Mayor Munns declared the m eeting adjourned.
APPROVED:
_______________________________
Jack Munns, Mayor
ATTEST:
_______________________________
Sharlene Tipton, City Clerk
Packet Pg. 8
Attachment: ^ Unofficial Minutes - Special Meeting - Closed Session of February 4, 2025 (4(a)--Approve City Council Minutes) 02/04/2025
Unofficial Minutes Redding City Council, Regular Meeting Civic Center Council Chambers
777 Cypress Avenue
Redding, CA 96001
February 4, 2025, 6:00 PM
The meeting was called to order at 6:05 p.m. by Mayor Jack Munns with the following Council Members present: Tenessa Audette, Dr. Paul Dhanuka, Mike Littau, and Erin Resner.
Also present: City Attorney Christian M. Curtis, City Manager Barry Tippin, Assistant City Manager Steve Bade, City Clerk Sharlene Tipton, and Executive Assistant Erin Barnhart.
Pledge of Allegiance was led by Mayor Munns.
The Invocation was provided by Redding Police and Fire Chaplain Dan Conklin.
PUBLIC COMMENT
Mayor Munns determined that no one present wished to address any non-agendized matters.
CONSENT CALENDAR
The following matters were considered inclusively under the Consent Calendar and each Report to City Council (staff report) is incorporated herein by reference:
4(a). Approve City Council Minutes: Regular Meeting of January 21, 2025; Special Meeting of January 22, 2025, Open House regarding The Peaks Subdivision; and Special Meeting of January 23, 2025, Budget Workshop No. 1.
4.1(a). Authorize the City Manager to sign a City of Redding utility “will serve” letter to the Redding Rancheria for utility services to its planned Health Village adjacent to the current Redding Rancheria Tribal offices along Clear Creek.
Vice Mayor Littau, and Council Member Dr. Dhanuka recused themselves from voting on this item due to their involvement with the project.
The Vote:
AYES: Council Members – Audette, Resner, Munns
NOES: Council Members – None
ABSTAIN: Council Members – Dr. Dhanuka and Littau
ABSENT: Council Members – None
4.4(a). Adopt Resolution No. 2025-002, a resolution of the City Council of the City of Redding, approving Street Renaming Application (STRT -2024-00121) for the renaming of Squaw Creek Court to Mem Court.
4.8(a). Authorize and approve the following for the City of Redding Fire Department:
(1) authorize donation of One 2000 Boise Mobile Equipment Type III Wildland Engine to the Happy Valley Fire Protection District; (2) find that the donation serves a p ublic purpose; and (3) authorize One 1994 Freightliner Type III Wildland Engine to be sold at auction through JJ Kane Auctions.
4.9(a). Authorize the City Manager to execute a three -year lease agreement with Sheila D. Hurst for space located at 1784 California Street within Foundry Square in downtown Redding for use by the Redding Police Department as a substation at a cost of one dollar per year.
4.11(a).Approve and a uthorize the following actions: (1) adopt Resolution No. 2025 -003, a resolution of the City Council of the City of Redding, terminating the Emergency Repair and Replacement of Substandard Sewer Pipe and Failing Asphalt Concrete Pavement on Placer Street Project ; and (2) find, in accordance with Public Contract Code Section 22050(c)(1), by a four -fifths vote of the City Council, that the emergency conditions necessitating waiver of competitive bidding in order to procure immediate repair of the storm drain system has concluded.
Packet Pg. 9
Attachment: ^Unofficial Minutes - Regular Meeting of February 4, 2025 (4(a)--Approve City Council Minutes) 02/04/2025
4.11(b).Accept the improvements in Riverstone Subdivision , (S -2023-00582), as satisfactorily complete; and adopt Resolution No. 2025-004, a resolution of the City Council of the City of Redding, accepting the Riverstone Subdivision, (S-2023-00582) streets for maintenance and operation.
4.11(c).Accept the impro vements in Shastina Ranch Subdivision, Unit 7 (S -7-03/PD-5-04), as satisfactorily complete; and adopt Resolution No. 2025 -005, a resolution of the City Council of the City of Redding, accepting the Shastina Ranch Subdivision, Unit 7 (S -7- 03/PD-5-04) streets for maintenance and operation.
4.11(d).Award Bid Schedule No. 5561 for bulk fuel delivery to Ed Staub & Sons for the period of March 1, 2025, through February 28, 2028; and authorize the Purchasing Officer to extend the contract annually for two additional one-year periods through February 28, 2030.
4.11(e).Authorize and approve the following: (1) approve the purchase of a 348 square-foot portion of a parcel at 6823 Eastside Road (Assessor’s Parcel Number 050-440-028), in the amount of $1,200 to facil itate the expansion of security fencing and installation of crash rated bollards; (2) authorize the Mayor to execute all legal documents necessary to complete the acquisition; and (3) find this action to be categorically exempt from environmental review under the California Environmental Quality Act Guidelines, pursuant to Section 15305 – Minor Alterations to Land Use Limitations.
4.11(f).Authorize and approve the following: (1) approve the purchase of a 300 square-foot Public Services Easement at 5065 Caterpillar Road, (Assessor’s Parcel Number 073-540-023), in the amount of $1,200 for proposed electric transformers; (2) authorize the Mayor to execute all legal documents necessary to complete the acquisition; and (3) find this action to be categorically exempt from environmental review under the California Environmental Quality Act Guidelines, pursuant to Section 15305 – Minor Alterations to Land Use Limitations.
A MOTION WAS MADE by Council Member Resner, seconded by Council Member Audette, that the foregoing items on the Consent Calendar be accepted, acknowledged, adopted, approved, and or authorized as recommended with the exception of those item(s) voted on separately above.
The Vote:
AYES: Council Members – Audette, Dhanuka, Littau, Resner, and Munns NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – None
Resolution Nos. 2025-002 through 2025-005 are on file in the Office of the City Clerk.
REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENT S,
BOARDS, COMMISSIONS AND COMMITTEES
9.6(a). Long-term options for Redding Sports Park operations.
Community Services Director Travis Menne summarized the Report to City Council (staff report), and provided a PowerPoint presentation, both incorporated herein by reference.
Mr. Menne advised that the fields at the Redding Sports Park are currently playa ble, however, the facility will require between five to ten million dollars to complete necessary infrastructure upgrades. He noted that if funding is not available through grants, or other alternative sources, the park will face closure.
City Manager Tippin relayed that the current recommendation allows for the park to remain open with limited operation by City staff while continuing to seek a long -term solution.
However, if there is no plan to replace the artificial turf in the next one to two years, t he facility faces loss of its fields due to unsafe conditions.
The following spoke in favor of a long -term option for the Redding Sports Park: Tawney Cowell, Jessica Santos, and Christian Santos.
A discussion amongst the Council ensued , and several motions were made. Ultimately, the following Motion was the final voted upon.
Packet Pg. 10
Attachment: ^Unofficial Minutes - Regular Meeting of February 4, 2025 (4(a)--Approve City Council Minutes) 02/04/2025
A MOTION WAS MADE by Council Member Dhanuka, seconded by Mayor Munns, to direct staff to: (1) develop a City of Redding-staffed model for operations and maintenance of the Redding Sports Park to be presented for consideration by the City Council at its March 4, 2025, Council meeting; and (2) issue a press release calling for ideas and proposals from the community, sports organizations, and other interested parties on how to move forward. The Vote: Unanimous Ayes
9.11(g).Declare an emergency for the South Street Water Main at Railroad Emergency Replacement Project.
Public Works Director Michael Webb highlighted the Report to City Council (staff report), and provided a PowerPoint presentation, both incorporated herein by reference.
A discussion amongst the Council ensued.
A MOTION WAS MADE by Council Member Erin Resner , seconded by Council Member Tenessa Audette, to authorize the following actions relative to the South Street Water Main at Railroad Emergency Replacement Project (Project): (1) adopt Resolution No. 2025-006, by not less than four -fifths affirmative vote, authorizing the City Manager to negotiate and award an emergency public works contract for the project in an amount not to exceed $630,000; (2) authorize the City Manager, or designee, to approve construction contingency amounts up to a total of $180,000; (3) approve $95,000 to cover costs for project development costs; (4) approve $135,000 to cover costs for construction management and inspection fees; and (5) find that the Project is exempt from review under the California Environmental Quality Act Guidel ines, pursuant to Section 15269(b) – Emergency Projects.
The Vote:
AYES: Council Members – Audette, Dhanuka, Littau, Resner, and Munns NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – None
Resolution No. 2025-006 is on file in the Office of the City Clerk.
COUNCIL TRAVEL REPORT(S)
City Council Member attendance at conference/meetings reimbursed at City expense. {Requirement of Assembly Bill 1234}
Mayor Jack Munns, Vice Mayor Mike Litta u, and Council Member Dr. Paul Dhanuka attended the League of California Cities Mayor and Council Member Academy in Garden Grove, California, January 29-31, 2025.
SUGGESTIONS FROM COU NCIL MEMBERS RELATIV E TO POTENTIAL TOPIC S FOR
FUTURE CITY COUNCIL MEETINGS
At Vice Mayor Mike Littau’s suggestion, a consensus of the Council directed staff to return to Council with a presentation regarding the City of Redding’s Oregon Gulch Open Space at a future Council Meeting.
ADJOURNMENT
There being no further business at the hour of 8:06 p.m., Mayor Munns declared the m eeting adjourned.
APPROVED:
_______________________________
Jack Munns, Mayor
ATTEST:
_______________________________
Sharlene Tipton, City Clerk
Packet Pg. 11
Attachment: ^Unofficial Minutes - Regular Meeting of February 4, 2025 (4(a)--Approve City Council Minutes)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the City Manager to sign a City of Redding (City) Planning Application for a tentative subdivision map for The Peaks Subdivision proposed on City -owned land, adjacent to Quartz Hill Road.
Fiscal Impact
There is no fiscal impact with this action. Funding for the subdivision development and infrastructure construction was received through the Federal Community Development Block Grant – Disaster Relief Program (CDBG-DR).
Alternative Action
The City Coun cil (Council) could decide not to approve the recommended action and provide alternative direction to staff.
Background/Analysis
In August 2022, the City of Redding (City) was awarded $22,563,043 in CDBG-DR funding and in October 2022, Council adopted a resolution authorizing the City Manager to execute the CDBG-DR-INF Master Standard Agreement which was fully executed by the California Department of Housing and Community Development in August 2023.
A Request for Proposals (RFP) was published October 2023 seeking a develo per with the requisite qualifications with the RFP being awarded December 2023.
Additional information regarding this project is available on the City of Redding’s website, by entering The Peaks Subdivision in the search bar.
MEETING DATE: February 18, 2025
ITEM NO. 4.1(a)
FROM:
***APPROVED BY***
[email protected]
[email protected]
SUBJECT: 4.1(a)--Authorize the City Manager to Sign the Tentative Subdivision Map Application for The Peaks Subdivision
Barry Tippin, City Manager
Packet Pg. 12
Report to Redding City Council February 10, 2025
Re: 4.1(a)--Authorize the City Manager to Sign a Tentative Subdivision Map Application for The Peaks Page 2
It is recommended that Council move forward with staff’s recommendation authorizing the City Manager to execute the tentative subdivision map application for The Peaks Subdivision.
Environmental Review
This item is not a project as defined under the Calif ornia Environmental Quality Act, and no further action is required.
Council Priority/City Manager Goals
• Communication and Transparency – “Improve the quality of communication with the public and City employees to enhance knowledge and increase transpar ency to improve public trust.”
Attachments
102822 Staff Report - Authorizing Execution of CDBG-DR Infrastructre Grant Agreement 121923 Staff Report Awarding RFP for Development of Single Family Housing at 850 Quartz Hill Road
Packet Pg. 13
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Approve the following relative to the State of California’s Housing and Community Development (HCD) Community Development Block Grant (CDBG) Disaster Recovery (DR) Infrastructure Program:
(1) Adopt Resolution authorizing the execution of a CDBG-DR Infrastructure Program Master Standard Agre ement (Agreement) to receive a funding allocation in an amount not to exceed $22,563,043.51;
(2) Authorize the City Manager to execute the Agreement, any amendments and associated documents to complete the due diligence process, and allocate funding; (3) Find that a resolution authorizing execution of a grant agreement is not a Project and therefore, not subject to an environmental review under the California Environmental Quality Act Section 21065; and
(4) Find that a re solution authorizing execution of a grant agreement is considered an Exempt Activity under 24 Code of Federal Regulations (CFR) 58.34 (a)(3) Administration and Management Activities and not subject to the National Environmental Policy Act review.
Fiscal Impact
The City will receive up to a maximum of $ 22,563,043.51 in CDBG-DR Infrastructure Program funds. Up to 20 percent of the funding may be utilized for activity delivery costs incurred for implementing and carrying out the CDBG-DR Infrastructure activities. Activity delivery costs include staff costs directly related to carrying out the grant requirements , in addition to engineering, design, architecture , and environmental services that are necessary for successful completion of the project. There is no impact to the General Fund for this project.
MEETING DATE: October 18, 2022
ITEM NO. 4.2(a)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 4.2(a)--Adopt Resolution authorizing execution of CDBG -DR Infrastructure Grant agreement.
Steve Bade, Assistant City
Manager
Packet Pg. 14
Attachment: 102822 Staff Report - Authorizing Execution of CDBG-DR Infrastructre Grant Agreement (4.1(a)--Authorize the City Manager to Report to Redding City Council October 12, 2022
Re: 4.2(a)--Adopt Resolution authorizing execution of CDBG-DR Infrastructure Grant agreement Page 2
Alternative Action
The City Council (Council) could choose n ot to authorize execution of the CDBG -DR Infrastructure grant agreement . This choice would preclude development of the necessary infrastructure for single-family income-eligible housing in the City of Redding (City) community on City-owned property located at 850 Quartz Hill Road.
Background/Analysis
As a result of the wildfires that affected Northern California in 2018, the Federal Emergency Management Agency (FEMA) announced a presidentially declared disaster, DR -4382, covering Shasta and Lake Counties. Other counties that year were also declared under a separate disaster, DR 4407, this declaration included Butte, Los Angeles, and Ventura coun ties. In recognition of the unmet recovery needs, a federal allocation of CDBG funds was granted to the State of California through 85 -FR4681, under Public Laws 115 -254 and 116 -20 which cover DR -4382 and DR -4407. CDBG funds are administered by the U.S. Dep artment of Housing and Urban Development (HUD) and are intended primarily to assist housi ng recovery and to benefit low- and moderate-income households impacted by the fires.
HCD is the lead and responsible agency for administering the CDBG -DR funds. HCD undertook an extensive needs assessment to determine the specific priorities of the affected counties. The majority of funds are allocated to housing, infrastructure, and economic revitalization. On May 13, 2021, the City signed the CDBG-DR Multifamily Program master standard agreement in the amount of $16,660,145.58. The Housing Division is on track and will expend all funds by the December 2022 deadline that will result in the production of approximately 300 income-eligible rental units within the City limits.
For the next tranche of funding , the CDBG-DR Infrastructure program funds, in the amount of $22,563,043.51, will assist with the unmet infrastructure needs in the Redding community. The grant funding will be used to develop infrastructure that suppo rts an income-qualifying housing development on City -owned property located at 850 Quartz Hill Road. This 112 -acre undeveloped parcel is located within the Carr Fire burn scar area. Staff anticipates utilizing the funds to develop the infrastructure that supports a single-family development wherein 51 percent of the resulting buildable lots are eligible to families whose household incomes are below 80 percent of area median income (AMI). To provide context, th e AMI for a family of four in Shasta County is $64,500. When the infrastructure project is completed, it is estimated that the development would result in 128 lots.
To receive the CDBG -DR I nfrastructure funding allocation, staff must submit due diligence documents to HCD. Due diligence items may inclu de written policies regarding environmental review, Davis -Bacon labor compliance, procurement and timekeeping. The City must also execute the attached resolution, providing the City Manager signature authority and authorization to deliver all project appli cations and information , notices to proceed, and fund requests in connection with this grant.
Once HCD receives the authorizing resolution, an agreement will be prepared and forwarded to the City Manager’s office for signature . Once the agreement is executed, staff will produce a project plan, provide HCD any necessary documentation and return to the City Council with the proposed infrastructure project for further review and approval.
Packet Pg. 15
Attachment: 102822 Staff Report - Authorizing Execution of CDBG-DR Infrastructre Grant Agreement (4.1(a)--Authorize the City Manager to Report to Redding City Council October 12, 2022
Re: 4.2(a)--Adopt Resolution authorizing execution of CDBG-DR Infrastructure Grant agreement Page 3
Environmental Review
A resolution authorizing execution of a grant agreement is not a project as defined under California Environmental Quality Act; therefore, no further action is required at this time.
Council Priority/City Manager Goals
• Government of the 21 st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
• Economic Development- “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.”
Attachments
^Resolution
Packet Pg. 16
Attachment: 102822 Staff Report - Authorizing Execution of CDBG-DR Infrastructre Grant Agreement (4.1(a)--Authorize the City Manager to
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Award Request for Proposals - Schedule No. 5419 for the development of infrastructure to create a single-family subdivision located at 850 Quartz Hill Road (Assessor’s Parcel Number 115-170- 001) to K2 Development Companies and approve the following:
(1) Authorize the City Manager, or designee, to negotiate a Development Funding Agreement with K2 Development Companies that includes Community Development Block Gran t Disaster Recovery Infrastructure funds for predevelopment costs ; and Authorize the Mayor to execute the Development Funding Agreement; (2) Adopt Resolution approving and adopting the 24 th Amendment to the City Budget No. 2023-060 appropriating $22,563,040 for the Quartz Hill Infrastructure project; (3) Find that entering into a Development Funding Agreement for predevelopment costs is not considered a project under the California Environmental Quality Act and a separate review will be completed for the resulting project; and (4) Find that entering into a Development Funding Agreement for predevelopment costs is considered exempt under the National Environmental Policy Act under Title 24 CFR
58.34(a)(1), and a separate review will be completed for the resulting project.
Fiscal Impact
The City of Redding (City) has executed a Master Standard Agreement with the California Department of Housing and Community Development (HCD) for $22,563,043.51 in Community Development Block Grant Disaster Recovery (CDBG-DR) Infrastructure Program (CDBG-DR- INF) funds for the Quartz Hill Infrastructure Project (Project).
Up to 15 percent of the funding or $3,384,457 may be utilized for activity delivery costs incurred by City staff carrying out the CDBG-DR-INF activities. Costs for predevelopment activities such as project engineering, design and environmental reviews are eligible project costs. Staff estimates that predevelopment costs should not exceed $2,500,000 for the project. There is no impact to the General Fund for this project.
MEETING DATE: December 19, 2023
ITEM NO. 9.2(f)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 9.2(f)--Award Request for Proposals, Schedule No. 5419, for the Development of Infrastructure that Supports a Single-Family Housing Development at 850 Quartz Hill Road Steve Bade, Assistant City
Manager
Packet Pg. 17
Attachment: 121923 Staff Report Awarding RFP for Development of Single Family Housing at 850 Quartz Hill Road (4.1(a)--Authorize the City Report to Redding City Council December 14, 2023
Re: 9.2(f)--Award Request for Proposals Schedule 5419 Page 2
Alternative Action
The City Council (Council) may choose not to award the Request for Proposals and provide staff with alternate direction.
Background/Analysis
On August 4, 2018, the Federal Emergency Management Agency (FEMA) published D R-4382, the Presidential Declaration of a major disaster for the State of California (State) in response to the devastating wildfires that damaged Shasta and Lake Counties. During that same year, a separate disaster, DR-4407, was published for Butte, Los A ngeles and Ventura Counties. As part of the ongoing effort to assist the State with recovery from these disasters, the federal government, through the U.S. Department of Housing and Urban Development (HUD) awarded CDBG-DR funds to the State. These funds ar e administered through HCD to assist grant recipients covered by DR-4382 and DR-4407.
In November 2018, HCD allocated $317,428,266 of the federally allocated CDBG-DR funds to its CDBG-DR-INF Program. The purpose of the program is to fund projects that assist with the unmet infrastructure needs of communities affected by the disasters . On August 17, 2021, Council authorized the City ’s Housing Division (Housing) to submit a Notice of Intent to apply to HCD for CDBG-DR-INF funds for the development of infra structure that would support a single-family, housing development on City -owned property located at 850 Quartz Hill Road (Property) – a 112-acre parcel that was directly affected by the Carr Fire and is considered a burn scar area.
On August 9, 2022, the City was notified of its CDBG -DR-INF allocation of $22,563,043.51.
Subsequently, on October 18, 2022, Council adopted a resolution authorizing the City Manager to execute the CDBG-DR-INF Master Standard Agreement (MSA) - the MSA was fully executed by HCD on August 17, 2023.
On October 12, 2023, the Housing Division published a Request for Proposals (RFP) - Schedule No. 5419 seeking a developer with the capacity, creativity and commitment to transform the property into a single-family subdivision under an accelerated timeline. Pursuant to the RFP, t he developer w ould provide their development expertise to ensure that street alignments, storm drainage, sewer and water facilities, location and size of easements and rights -of-way, trees, traffic access, grading, and numerous other features conform to City standards and regulations.
The RFPs Scope of Services included: preliminary (30%, 60%, and 90% plans) and final design plan services, permitting and environmental compliance, right-of-way acquisition, preparation of bid procurement and contract documents, as well as project management services during the planned development, subdivision infrastructure development and construction periods for the Project. The end product of the Project will be shovel -ready lots complete with City - infrastructure and a final subdivision map that includes as -built, civil engineering plans completed and approved by the City.
The resulting subdivision is anticipated to include a minimum of 120 single-family parcels. Once the Pro ject is completed, 51 percent of the finished lots will contain covenants restricting the future homes for sale to income -qualifying, workforce buyers earning at or below 80 percent of Packet Pg. 18
Attachment: 121923 Staff Report Awarding RFP for Development of Single Family Housing at 850 Quartz Hill Road (4.1(a)--Authorize the City Report to Redding City Council December 14, 2023
Re: 9.2(f)--Award Request for Proposals Schedule 5419 Page 3
the Area Median Income (AMI). It is expected that the remaining lots ma y be developed and sold at market value.
Each p roposal was to i nclude a creative plan and budget for the design, project management, construction, and marketing and sale of the single-family residential structures.
The RFP was sent to 30 firms, advertise d in the Record Searchlight and posted on the City’s Purchasing Division website. By the close of the RFP on November 2 2, 2023, the City received three proposals from qualified Developers ; Jaxon Enterprises, K2 Development Companies and Ridgeline Builders. On December 6, 2023, City staff members from the City Manager’s Office, Housing, and the Planning Division formed a review and selection panel. The panel members evaluated and scored each proposal based on each developer’s project approach, understanding of the Project, the ability to complete the Project on time and within budget, experience, financial viability, plan for the subdivision build out and any other unique additions that provide s additional benefits to the community. The panel ranked K2 Develo pment Companies’ “The Peaks” proposal with the highest score based on the RFP criteria.
K2 Development Companies proposal was found superior in several areas including subdivision design quality inclusive of the individual housing units, approach to the a ccelerated timeline (especially environmental), dedication to housing completion through additional grant receipt, thoroughness of approach, concern with the site and adjacent neighborhoods, and overall expertise of team members.
In order to meet the gra nt funding deadlines, staff recommends entering into a development funding agreement with K2 Development Companies for predevelopment activities associated with the Project. Predevelopment costs include but are not limited to environmental studies, surveying, engineering and civil design , Development Services entitlement and mapping costs/fees, and bid procurement . Once the predevelopment and environmental review processes are completed, it is anticipated that staff will present a second development funding agreement for the construction of the infrastructure to Council for consideration, approval and award.
If the City is satisfied with the timeliness and the Developer’s performance and completion of the infrastructure, the City may negotiate a disposit ion and development agreement with the selected Developer to acquire the parcels and construct and sell the homes to income -qualifying and market-rate homebuyers.
Environmental Review
Entering into a D FA for predevelopment costs is not considered a pr oject under the California Environmental Quality Act ( CEQA). The construction project itself will be reviewed for CEQA requirements once the details are known.
Under the National Environmental Policy Act (NEPA), administrative and management activities su ch as entering into agreements for predevelopment costs are considered exempt activities and no further action is required. The construction project itself will be reviewed for NEPA compliance once the project details are known.
Council Priority/City Manager Goals
Packet Pg. 19
Attachment: 121923 Staff Report Awarding RFP for Development of Single Family Housing at 850 Quartz Hill Road (4.1(a)--Authorize the City Report to Redding City Council December 14, 2023
Re: 9.2(f)--Award Request for Proposals Schedule 5419 Page 4
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
• Economic Development – “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.”
Attachments
^Resolution No 24
Ridgeline Builders Proposal - Copper Heights
Jaxon Enterprises Proposal - RRA Subdivision
K2 Proposal - The Peaks
5419 - Development of Infrastructure that Supports a Single-Family Housing Development Packet Pg. 20
Attachment: 121923 Staff Report Awarding RFP for Development of Single Family Housing at 850 Quartz Hill Road (4.1(a)--Authorize the City
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize and approve the following actions:
(1) Authorize the City Manager, or designee, to submit a grant application for the State of California’s Department of Housing and Community Development CalHome Program for an amount not to exceed $5,000,000; and
(2) Find that applyi ng for grant funding is not considered a project under the California Environmental Quality Act.
Fiscal Impact
The City of Redding (City) could receive up to a maximum of $5 million in grant funds from the CalHome Program. There is no match requirement for CalHome funds. Any grant funds received from the State will increase funding available to assist income-qualifying, first-time homebuyers in the City . A portion of these funds would be allocated to the City to pay for staff time and homebuyer education course costs. There is no impact to the General Fund.
Alternative Action
The City Council may choose not to authorize submission of the grant application and provide alternate direction to staff . Not authorizing staff to submit the application may inhibit income- qualified households from participating in the City’s Homebuyer Program.
Background/Analysis
The California Department of Housing and Community Development (HCD) recently released a Notice of Funding Availability for the CalHome Program . The intent of this program is to make funds available to local public agencies to support the following activities: first -time homebuyer mortgage assistance; owner-occupied rehabilitation assistance; construction, repair, or rehab of accessory and junior acce ssory dwelling unit s; technical assistance for Shared Housing MEETING DATE: February 18, 2025
ITEM NO. 4.2(b)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 4.2(b)--Authorization to Apply for CalHome Program Funding Steve Bade, Assistant City
Manager
Packet Pg. 21
Report to Redding City Council February 10, 2025
Re: 4.2(b)--Authorization to Apply for CalHome Program Funding Page 2
Programs; and/or homeownership project development financing. The Housing Division would like to focus these funds on homeownership opportunities utilizing first -time homebuyer mortgage assistance.
Should HCD approve the City’s grant application for $5 million, the maximum amount for mortgage assistance is up to $200,000 per household, at a minimum, 24 first-time homebuyer loans could be completed . The CalHome application must be submitted to HCD by March 13, 2025.
Environmental Review
Applying for grant funding is not considered a project under the California Environmental Quality Act. Any funds committed to a home purchase will be exempt under the common-sense exemption of 15061(b)(3).
Council Priority/City Manager Goals
• Government of the 21 st Century - “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
• Economic Development- “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.”
Packet Pg. 22
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the Ci ty Manager , or designee , to approve the acqui sition of additional Voice over Internet Protocol licenses , as needed, to ensure appropriate license counts for staff , ensuring prompt and ongoing access to the City’s phone system.
Fiscal Impact
There will be no budgetary fiscal impact as the increased license counts will cost approximately $7,200 this fiscal year; these costs will be absorbed by current Information Technology funds.
Alternative Action
The City Council could (Council) choose to not approve this request and provide alternative direction to staff.
Background/Analysis
On July 18, 2023 , Council authorized and approved the procurement and scope of work for the implementation of the new Voice over Internet Protocol (VoIP) phone system.
Since implementation of the new VoIP system, it has been determined that additional licenses are needed to provide phone access to new , City of Redding staff . Additionally, there are a selected few that have been determined to need a different license type to ensure access to proper reporting statistics, license features, and contact center access.
Environmental Review
This is not a project defined under the California Environmental Quality Act, and no further action is required.
MEETING DATE: February 18, 2025
ITEM NO. 4.3(a)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 4.3(a)--Request to increase Vertical License Counts Tony Van Boekel, Chief
Information Officer/IT
Director
Packet Pg. 23
Report to Redding City Council February 11, 2025
Re: 4.3(a)--Request to Increase Vertical License Counts Page 2
Council Priority/City Manager Goals
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
Attachments
2023-07-18 Redding City Council - Full Minutes-2963
^C-9961 - Change Order No. 2 - 2024 - Vertical Communications, Inc. ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 ^July 18, 2023 Staff Report
Packet Pg. 24
246
07/18/2023
Redding City Council, Regular Meeting
Civic Center Council Chambers
777 Cypress Avenue
Redding, CA 96001
July 18, 2023, 6:00 PM
The meeting was called to order by Mayor Michael Dacquisto with the following Council Members present: Tenessa Audette, Mark Mezzano, Jack Munns, and Julie Winter.
Also present were: City Manager Barry Tippin, Assistant City Manager Steve Bade, City Attorney Barry E. DeWalt, City Clerk Sharlene Tipton, and Executive Assistant Erin Barnhart.
The Pledge of Allegiance to the Flag was led by Mayor Dacquisto.
The Invocation was provided by Reverend Minister Ken Ficklin, Unity Church in Redding.
PUBLIC COMMENT
Kim Moore praised Northern V alley Catholic Social Services, the manager of the Woodlands Apartment complex located on Polk and Ellis streets in Redding, and Vice Mayor Mezzano, for their dedication to the Woodlands Project and expressed her appreciation for their rapid response to her electrical issues.
Susan Weiss voiced her issues with homelessness in the City of Redding and wanted to know what actions the City Council are taking to assist.
Alex Bielecki opined that the cause of all the hate crimes occurring are the news media outlets.
CONSENT CALENDAR
The following matters were considered inclusively under the Consent Calendar and each Report to City Council (staff report) is incorporated herein by reference:
4(a). Approve Minutes: Regular Meeting of April 4, 2023; Special Meeting – Closed Session of June 6, 2023; Special Meeting – Closed Session of June 20, 2023; and Regular Meeting of June 20, 2023.
4(b). A ccept the following City of Redding Accounts Payable and Payroll Registers:
(1) Accounts Payable Register No. 23 for the period of June 1, 2023, through June 16, 2023, for a total of $13,451,216.43 for check numbers 180618 through 181108, inclusive, ACH Transfer numbers 19862 through 19921, inclusive, Wire Transfer numbers 12269 through 12363 inclusive; (2) Accounts Payable Register No. 24 for the period of June 17, 2023, through June 30, 2023, for a total of $11,146,759.98 for check numbers 181109 through 181417, inclusive, ACH Transfer numbers 19922 through 19968, inclusive, Wire Transfer numbers 12364 through 12480, inclusive; (3) Payroll Register No. 25 for the period of May 28, 2023, through June 10, 2023, in the amount of $4,145,723.31 for electronic deposit transaction numbers 586681 through 587753 and check numbers 609194 through 609225; and (4) Payroll Register No. 26 for the period of June 11, 2023, through June 24, 2023, in the amount of $4,317,699.36 for electronic deposit transaction numbers 587247 through 588835, and check numbers 609226 through 609275, inclusive.
SUMMARY TOTAL: $33,061,399.08.
4(c). Accept the City of Redding Treasurer’s Report for May 2023.
4(d). Accept City of Redding Proof of Cash reconciliation and ACR133 report for the month of May 2023.
4(e). Adopt Ordinance No. 2661, an uncodified ordinance of the City Council of the City of Redding, adopting Redding Police Department Policy No. 707 to provide guidelines for the approval, acquisition, and reporting requirements for military equipment.
Packet Pg. 25
Attachment: 2023-07-18 Redding City Council - Full Minutes-2963 (4.3(a)--Request to Increase Vertical License Counts) 247
07/18/2023
4.2(a). Authorize and approve the following actions: (1) approve the Consent to Assignment and Assumption of Sublease (C -3078) between Chiang Ping, also known as Peter Chu, (Lessee/Assignor) and Yangda Pan (Assignee) for the remainder of the lease term ending September 30, 2027; (2) authorize the Mayor to execute the Consent to Assignment and Assumption of Sublease with the respective parties; and (3) find the action categorically exempt from review under the California Environmental Quality Act, pursuant to Section 15301 – Existing Facilities.
4.2(b). Authorize and approve the following actions: (1) authorize the Mayor to execute a Development Agreement with Piper Way Senior Housing LP, providing a City of Redding Loan in an amount not -to-exceed $2,000,000 financed by the Community Development Block Grant Disaster R ecovery Multifamily Housing Program fund for the development of the Piper Way Senior Housing located at 3294 Piper Way; (2) authorize the City Manager, or designee, to allocate funds and execute the necessary documents to complete the project transaction; (3) find that entering into a Development Agreement is not considered a project under the California Environmental Quality Act; and (4) find that entering into a Development Agreement is exempt from review under the National Environmental Policy Act under Title 24 CFR 58.34(a)(3).
4.2(c). Authorize and approve the following relative to the City of Redding City Manager’s Office - Economic Development staffing for the Redding Area Bus Authority: (1) approve the addition of one Executive Assistant I full -time position and one Account Clerk full -time position; and (2) adopt Resolution No. 2023- 063, a resolution of the City Council of the City of Redding , approving and adopting the 5
th Amendment to City Budget Resolution
No. 2023-060 appropriating $0 for the additional positions.
4.3(a). Authorize and approve the following actions relative to the scope of work for implementation of the new Voice over Internet Protocol phone system: (1) a pprove contract with Vertical Communications to design, configure, and implement a new Voice over Internet Protocol phone system for the City of Redding; and (2) adopt Resolution No. 2023-064, a resolution of the City Council of the City of Redding, approving and adopting the 4th Amendment to Budget Resolution No. 2023-060 appropriating $291,160 from the Information Technology Department’s reserves for costs associated with the system.
4.4(a). Authorize and approve the following relative to the City of Redding Development Services Department - Planning Division: (1) approve the addition of a full-time Assistant Planner; and (2) adopt Resolution No. 2023-065, a resolution of the City Council of the City of Redding, approving and adopting the 1st Amendment to City Budget Resolution No. 2023- 060 appropriating $105,830 to the Development Service Department - Planning Division for the addition of a full-time Assistant Planner.
4.4(b). Authorize and approve the City of Redding Development Services Department to resume charging the Permit Issuance Fee for mechanical, plumbing, and electrical building permits in the total amount of $55.00 with 50 percent of the fee to be collected effective August 2023, and the remaining 50 percent (for a total of 100 percent) to be collected August 2024.
4.5(a). Authorize and approve the following related to the purchase of two bucket trucks and one- line digger derrick flatbed for the City of Redding Electric Utility: (1) a uthorize the purchase to Altec Industries, Inc. using Sourcewell contract pricing, with a net delivered cost of $1,132,009.11, including all applicable taxes and fees; and (2) authorize the City Manager to approve future pricing adjustments, terms, and policy changes as needed up to a total of $30,000.00.
4.5(b). Approve the Third Amendment to the Master Services Agreement ( C-5860) with Orcom Solutions LLC dba VertexOne Business Services, the current provider of the hosted Customer Information System billing system for all City of Redding utilities, in the amount of $50,000 for a one-time implementation fee and variable monthly fees; and authorize the City Manager, or designee, to execute any necessary documents and amendments to the Master Services Agreements with Orcom Solutions, LLC.
4.6(a). Authorize and approve the following: (1) award Bid Schedule No. 5370 in the annual base rate of $234,540 to North State Security, Inc.; and (2) authorize the City Manager, or designee, to execute an agreement with North State Security to provide security services at various City of Redding locations for the term of August 1, 2023, to July 31, 2025, with the option of up to three consecutive one-year renewals.
Packet Pg. 26
Attachment: 2023-07-18 Redding City Council - Full Minutes-2963 (4.3(a)--Request to Increase Vertical License Counts) 248
07/18/2023
4.6(b). Adopt Resolution No. 2023-066, a resolution of the City Council of the City of Redding , declaring July 2023 as Parks and Recreation Month in the City of Redding.
4.9(a). This item was moved to the Regular Calendar as item number 9.6(a) at the request of Council Member Mezzano.
4.11(a).Authorize and approve the purchase of residential carts, commercial containers, lids and roll off boxes, on an as needed basis, utilizing the Sourcewell and HGACBuy Cooperative contract pricing in a total amount not-to-exceed $1,284,150 for the City of Redding Soli d Waste Utility for Fiscal Year 2023-2024 and Fiscal Year 2024-2025.
4.11(b).Accept Bid Schedule No. 5186 (Job No. 4908), Ball Field Lighting Upgrades at Alta Mesa Park, Softball Park, South City Park Kiwanis No. 1, and Tiger Field, awarded to Builder Solutions, Inc., as satisfactorily complete, with a final cost of $865,691.03.
4.11(c).Authorize and approve the following: (1) purchase of three Bioforcetech Biodryers and associated equipment for biosolids processing at the Clear Creek Wastewater Treatment Plant in the amount of $2,599,460; (2) authorize an additional $200,000 for taxes and fees associated with the purchase; and (3) find the project categorically exempt from review under the California Environmental Quality Act Guidelines, pursuant to Secti ons 15301 - Existing Facilities, and 15303 - New Construction or Conversion of Small Structures.
4.11(d).Authorize and approve the following: (1) make a finding that Aerator Solutions will be the sole-source product for the upcoming Facultative Sludge Lagoon as a two- year pilot project; and (2) aut horize the purchase as proposed by the Trial and Buy Agreement (Aerator Solutions Project Summary and Proposal) with Aerator Solutions to purchase Lagoon Aerators for the City of Redding Stillwater Wastewater Treatment Plant for a total price not to exceed $315,000.
4.11(e).Authorize and approve the following actions regarding allocation of awarded State of California Active Transportation Program (ATP) grant funds and regional non- motorized grant funds for the following projects: (1) accept ATP funds in the amount of $7,993,000 and $1,000,000 in regional non- motorized funds for a total of $8,993,000 for the Victor Improvement Project; (2) accept ATP funds in the amount of $6,437,000, and $806,000 in regional non-motorized funds for a total of $7,243,000, for the Butte Street Improvement Project; and (3) adopt Resolution No. 2023-067, a resolution of the City Council of the City of Redding , approving and adopting the 3
rd Amendment to City Budget Resolution
No. 2023-060 appropriating $16,236,000 for the two projects.
4.12(a).Approve designation of Vice Mayor Mark Mezzano as the Voting Delegate and Mayor Pro Tempore Tenessa Audette as the Voting Delegate - Alternate to represent the City of Redding at the League o f California Cities Annual Conference to be held September 20 - 22, 2023, in Sacramento, California.
4.15(a).Adopt Resolution No. 2023-068, a resolution of the City Council of the City of Redding, effective retroactively to June 25, 2023, rescinding and superseding Resolution No. 2023- 061, to amend the Executive Management Pay -for-Performance Salary Plan in order to:
(a) add an Electric Manager - Operations classification; (b) rename the Electric Manager - Compliance to Compliance Officer; (c) create six n ew Electric Program Supervisor classifications; and (d) increase wages for the Compliance Officer, Electric Program Supervisor - Power Production and Electric Manager - Power Production.
A MOTION WAS MADE by Council Member Audette, seconded by Council Mem ber Mezzano, that the foregoing items on the Consent Calendar be accepted, acknowledged, adopted, approved, and/or authorized as recommended.
The vote:
AYES: Council Members – Audette, Mezzano, Munns, Winter, and Dacquisto NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – None
Resolutions Nos. 2023-063 through 2023-068 are on file in the Office of the City Clerk.
Packet Pg. 27
Attachment: 2023-07-18 Redding City Council - Full Minutes-2963 (4.3(a)--Request to Increase Vertical License Counts) 249
07/18/2023
PUBLIC HEARING
6.1 Publi c Hearing - Resolution regarding Sanitary Sewer Maintenance Districts (SSMDs) 01- 07 Hope Lane and 01-19 Seven Bridges, confirming and approving the annual assessment for Fiscal Year 2023-24.
Public Works Director Chuck Aukland summarized the report to City Council (staff report), incorporated herein by reference.
The hour of 6:19 p.m. having arrived, Mayor Dacquisto opened the Public Hearing.
Mayor Dacquisto determined that no one present wished to address this matter and closed the Public Hearing.
The Affidavit of Publication – Notice of Public Hearing is on file in the Office of the City Clerk.
A MOTION WAS MADE by Council Member Mezzano, seconded by Council Member Audette, to adopt Resolution No. 2023-069, a resolution of the City Council of the City of Redding, c onfirming the map of the assessment district as contained in the Engineer's Reports for SSMD 01- 07 and SSMD 01- 19; and a pproving and confirming the annual assessments and ordering the levy amounts shown for Fiscal Year 2023-24 pursuant to the Improvement Act of 1911, Chapter 26, Maintenance Districts, Streets and Highways Code Section 5820, et seq.
The Vote:
AYES: Council Members – Audette, Mezzano , Munns, Winter, and Dacquisto NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – None
Resolution No. 2023-069 is on file in the Office of the City Clerk.
6.2 Public Hearings - Resolutions regarding Landscape Maintenance Districts (LMDs) Annual Assessments for Fiscal Year 2023-24.
Assistant Community Services Director Joey Forseth-Deshais summarized the report to City Council (staff report), incorporated herein by reference.
The hour of 6:22 p.m. having arrived, Mayor Dacquisto opened the Public Hearing.
Mayor Dacquisto determined that no one present wished to address this matter and closed the Public Hearing.
The Affidavit of Publication – Notice of Public Hearing is on file in the Office of the City Clerk
A MOTION WAS MADE by Council Member Audette, seconded by Counci l Member Mezzano, to: (1) adopt Resolution No. 2023-070, a resolution of the City Council of the City of Redding, relative to LMDs A, B, and C: (a) confirming the maps of the assessment districts as contained in the Engineer’s Report for Fiscal Year 2023- 24 for LMDs A, B, and C; and (b) approving and confirming annual assessments and levy amounts shown for Fiscal Year 2023-24 pursuant to the Landscaping and Lighting Act of 1972; and (2) adopt Resolution No. 2023-071 , a resolution of the City Council of the City o f Redding,: (a) confirming the maps of the assessment districts as contained in the Engineer’s Reports for LMDs D, E, F, G, H, H1, J, K, L, M, N, O, P, Q, R, S, S1, T, U, V, W, 01 -06, 02-06, 03- 06, 04-06, 05-06, 06-06, 07-06, 08-06, 09-06, 11-06, 01-07, 02-07, 02-09, 03-09, 01-11, 02-11, 03-11, 01-13, 02-14, 03-14, 01-15, 02-16, 03-16, 01-17, 01-19, 02-19, 01-20 and 01-22; and (b) approving and confirming annual assessments and levy amounts shown for Fiscal Year 2023-24 pursuant to the Landscaping and Lighting Act of 1972.
The Vote:
AYE
S: Council Members – Audette, Mezzano, Munns, Winter, and Dacquisto NOES: Council Members – None
ABSTAIN: Council Membe rs – None
ABSENT: Council Members – None
Resolution Nos. 2023-070 and 2023-071 are on file in the Office of the City Clerk.
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07/18/2023
REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENTS,
BOARDS, COMMISSIONS AND COMMITTEES
9.1(a). Appointment - Sharlene Tipton as City Clerk for the City of Redding.
City Manager Barry Tippin summarized the Report to City C ouncil (staff report), incorporated herein by reference.
A discussion amongst the Council ensued.
A MOTION WAS MADE by Council Member Winter , seconded by Council Membe r Munns, to appoint Sharlene Tipton as the City Clerk to fill the unexpired term of former City Clerk Pamela Mize to November 2026. The Vote: Unanimous Ayes.
9.1(b). Appointment - two members of the Council to craft a letter to the Shasta County Board of Supervisors regarding increased election costs.
City Manager Tippin highlighted the Report to the City Council (staff report), incorporated herein by reference.
The following spoke in favor : Richard Christoph, Kim Moore, Gary Oxley, Jeff Gorder, Susanne Baremore, Stephanie Taylor, Steve Kohn, and Nick Gardner.
The following spoke in opposition: Patrick Jones, Terry Rapoza, and Laura Hobbs.
A discussion amongst the Council ensued.
A MOTION WAS MADE by Council Member Winter , seconded b y Council Member Munns, to: (1) accept the report regarding the expected increase to the cost of municipal elections; (2) appoint Council Members Mark Mezzano and Julie Winter to work with staff to craft a letter for submission to the Shasta County Board of Supervisors regarding the increased costs for consideration by the Council at a future Council meeting.
The Vote:
AYES: Council Members – Audette, Mezzano, Munns, and Winter, NOES: Council Members – Dac quisto
ABSTAIN: Council Members – None
ABSENT: Council Members – None
9.5(c). Construction Services Contract with Basin Enterprises - electric utility construction services.
Electric Utility Director Nick Zettel provided an overview of the Report to City Council (staff report ) and provided a P owerPoint presentation, both incorporated herein by reference.
A discussion amongst the Council ensued.
A MOTION WAS MADE by Council Member Winter, seconded by Council Member Mezzano, to: (1) approve the Construction Services Contract with Basin Enterprises for a two-year term in the amount of $11,000,000 for Electric Utility Line Construction Services; and (2) authorize the City Manager, or designee, to approve project construction change orders up to, and not to exceed, $2,200,000 (20 percent of the contract amount).
The Vote: Unanimous Ayes.
9.9(a). Item moved to the Regular Calendar from the Consent Calendar Item No. 4.9(a) at the request of Council Member Mezzano.
Financial contributions – Shasta County Attorney’s Office Zogg Fire Civil Prosecution.
Police Chief Bill Schueller provided an overview of the Report to City Council (staff report) incorporated herein by reference.
City Manager Tippin explained the breakdown of the settlement and stated the funds should be received by October pending review of the settlement agreement.
A discussion amongst the Council ensued.
Packet Pg. 29
Attachment: 2023-07-18 Redding City Council - Full Minutes-2963 (4.3(a)--Request to Increase Vertical License Counts) 251
07/18/2023
A MOTION WAS MADE by Council Member Mezzano, seconded by Council Member Munns, to: (1) accept $4,050,000 in financial contributions related to the Shasta County District Attorney's Office Zogg Fire Civil Prosecution - $3,550,000 for the Redding Fire Department and $500,000 for the Redding Police Department; (2) adopt Resolution No. 2023-072, a resolution of the City Council of the City of Redding approving and adopting the 2
nd Amendment to Budget Resolution No. 2023- 060 appropriating $558,930 and approving an additional full-time Fire Inspector for the Redding Fire Department; and (3) authorize the City Manager, or designee, to appropriate the remaining funds as necessary and execute any associated agreement necessary for receipt of the funds.
The Vote:
AYES: Council Members – Audette, Mezzano, Munns, Winter, and Dacquisto NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – None
Resolution No. 2023-072 is on file in the Office of the City Clerk.
9.11(f).Ordinance - update Redding Municipal Code (RMC) Chapter 14.16 (Sewers).
Municipal Utilities – Wastewater Manager Josh Vandiver summarized the Report to City Council (staff report) and provided a PowerPoint presentation, both incorporated herein by reference.
A MOTION WAS MADE by Council Member Mezzano, seconded by Council Member Munns, to: (1) offer Ordinance No. 2662, an ordinance of the City Council of the City of Redding, amending RMC Title 14 (Utilities), Chapter 14.16 (Sewers) amending Section
14.16.246, amending Section 14.16.300, amending Section 14.16.340, amending Section
14.16.350, and amending Section 14.16.560 for first reading by title only, and waive the full reading; (2) direct the City Attorney to prepare, and the City Clerk to publish a summary of the ordinance according to law; and (3) find that the action is exempt from environmental review under the California Environmental Quality Act pursuant to 14 CCR 15601(b)(3) (Common Sense Exemption).
The Vote:
AYES: Council Members – Audette, Mezzano, Munns, Winter, and Dacquisto NOES: Council Members – None
ABSTAIN: Council Members – None
ABSENT: Council Members – None
City Attorney DeWalt read Ordinance No. 2662 by title only and is on file in the Office of the City Clerk.
9.11(g).City of Redding Water Utility Master Plan 2023.
Municipal Utilities – Water Manager Josh Watkins summarized the Report to City Council (staff report) and provided a PowerPoint presentation, both incorporated herein by reference.
A discussion amongst the Council ensued.
A MOTION WAS MADE by Council Member Winter , seconded by Council Member Mezzano, to: (1) accept the Water Utility Master Plan 2023; and (2) find that the action is statutorily exempt from review under the California Environmental Quality Act Guidelines, pursuant to Section 15262 - Feasibility and Planning Studies.
The Vote: Unanimous Ayes
9.15(b).Resolution - Successor Memorandum of Understanding and salary exhibits with International Association of Firefighters (IAFF).
Director of Personnel Kari Kibler summarized the Report to City Council (staff report), incorporated herein by reference.
A discussion amongst the Council ensued.
Packet Pg. 30
Attachment: 2023-07-18 Redding City Council - Full Minutes-2963 (4.3(a)--Request to Increase Vertical License Counts) 252
07/18/2023
A MOTION WAS MADE by Council Member Audette, seconded by Council Member Winter, to adopt Resolution No. 2023-073, a resolution of the City Council of the City of Redding, approving the successor Memorandum of Understanding with IAFF for an 18- month term ending December 31, 2024; and approving amendments to the IAFF Schedule of Wage Rates effective July 9, 2023.
The Vote:
AYES: Council Members – Audet te, Mezzano, Munns, and Winter, NOES: Council Members – Dacquisto
ABSTAIN: Council Members – None
ABSENT: Council Members – None
Resolution No. 2023-073 is on file in the Office of the City Clerk.
SUGGESTIONS FROM COUNCIL MEMBERS RELATIVE TO POTENTIAL TOPIC S FOR
FUTURE CITY COUNCIL MEETINGS
At Council Member Audette’s suggestion, a consensus of the Council directed staff to contact the County of Shasta Sheriff Michael Johnson to: (1) begin the dialogue regarding potential utilization of the Susanville State Prison following its closure as a place to house Shasta and surrounding Counties’ long-term inmates; (2) evaluate the legalities and costs to create a strategy/feasibility study; and (3) return to Council for consideration at a future Council meeting.
ADJOURNMENT
There being no further business, at the hour of 7:59 p.m. Mayor Dacquisto declared the meeting adjourned.
APPROVED:
_______________________________
Michael Dacquisto, Mayor
ATTEST:
_______________________________
Sharlene Tipton, City Clerk
Packet Pg. 31
Attachment: 2023-07-18 Redding City Council - Full Minutes-2963 (4.3(a)--Request to Increase Vertical License Counts) DocuSign Envelope ID: E4A835EB- 1C59- 46AC- 9C51- D797C474E43C ADDS: Add on Order#:
lWhseQua2tit Part Number _ Description Unit Price Ext Price 7 lVbSVCO216- 01 E X1 User ( upgrade to X2s) 9. 90 69. 30
LICENSING ADDS
X1 User ( upgrade to X7) 9. 90 9. 90
1 IVOSVCO216- 04E
202 VOSVCO216- 01 E X1 User 9. 90 1, 999. 80
2 IVOSVCO216- 02E X2 User 18. 90 37. 80
12 IVOS CO216- 07E X7 User 125. 00 1, 500. 00
86 IVOSVCO209 01 B Domestic Dedictated Numbers ( DIDs) 0. 90 77. 40 1 LICENSINd' iUPGRADES
7 VOSVCO216- 02E X2 User ( upgraded from X1s) 18. 90 132. 30 1 VOSVCO216- 07E X7 User ( upgraded from Xi) 125. 00 125. 00 I VOSVCO216- 07E X7 User ( upgraded from X4) 125. 00 125. 00 OF-%, I I%JI' 4 IV[ Will I nL- T I - AT IVICNI ALJIJ01Ull-'% JKAUt: b: '* J' vVf. Ju RETURNS: Oriqinal order closed? No
Whse lQuantity JPart Number Description Unit Price Ext Price
LICENSING UPGRADE CHANGES
7 lVbSVCO216-01E X1 User ( upgradeto X2s) 9. 90 69. 30
1 VOSVCO216- 01 E X1 User ( upgradeto X7) 9. 90 9. 90
1 IVOSVCO216-04E X4 User ( upgrade to X7) 39. 90 39. 90 OC%, I IVN Ii I r1LT VAT fVlrr- 4 I tNANUtb: -$ 119. 1u
TOTAL MONTHLY PAYMENT CHANGE
CURRENT AGREEEMENT MONTHLY PAYMENT
TOTAL NEW MONTHLY PAYMENT AFTER CHANGE
plus applicable taxes & fees
Original Order #
Customer Name: City of Redding
Job Number:
Ship Via: UPS
If Drop Ship, list Customer Address: 777 Cypress Avenue Redding, CA 96001
Description of Change
Change order to modify the license counts from the current configuration.
Date: 1/ 19/ 2024
Customer#:
Cust R04:
I understand there may be additional charges for added product or changes to this order. Upon acceptance of this proposal, Customer agreesto paya 50% deposit. Customeragreesto paythe final 50% balanceupon completion of the project.
Customer Approval — Docuftned by: MAYOR Date:
Sales Representati e:
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Sales Rep/ Tech#:
Packet Pg. 32
Attachment: ^C-9961 - Change Order No. 2 - 2024 - Vertical Communications, Inc. (4.3(a)--Request to Increase Vertical License Counts)
CITY OF CITY OF REDDING
call
777 Cypress Avenue, Redding, CA 96001
PO BOX 496071, Redding, CA 96049- 6071
cityofredding. org
SHARLENE TIPTON. CITY CLERK
530. 225. 4447
530. 225. 4463 FAX
July 25, 2023
Vertical Communications, Inc.
1454 W. 12th Place
Tempe, AZ 85281
RE: Communications Solutions Proposal and Statement of Work— C- 9961 Dear Sir or Madam:
Enclosed please find the above referenced fully executed Communications Solution Proposal and Statement of Work by and between the City of Redding and Vertical Communications and 8x8, Inc. for the purpose of obtaining a new VOIP system service and hardware.
If you have any questions regarding this agreement, or if we can be of assistance, please contact the Office of the City Clerk at (530) 225- 4439.
Sincerely,
Kristen Mcdee
Management Analyst
Enclosure
cc: Vanessa Miller
Eric Bergren
Ellen Grannis
Packet Pg. 33
Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) 14oit
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Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) V
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The Vertical Difference is why you buy from us. It' s the difference between someone selling you a product and Vertical' s commitment as your long- term partner. The Vertical Difference is built on three key pillars:
Exceptional Solution Design
Vertical' s team of expert solution engineers serves as your technical consultant who will understand your business needs and tailor a solution to solve your problems and accelerate your business. Your Vertical SE works hand in hand with your account executive to guide you through the entire process and make sure the solution you were sold is what is delivered.
Worry- Free Planning, Preparation, and Install
Implementing new solutions is stressful. A new Vertical solution will bring many benefits, but it' s also a big change. Vertical ensures that you don' t have to worry with our professional implementation team. Leave the planning to our experience project manager who will work with you every step of the way. The PM works with your technical implementation team who ensures that the solution design is implemented with little effort from you. Whatever issues arise, you don' t need to worry, because Vertical will solve them! World- Class Ongoing Support
Once your solution is in place, you will begin working with Vertical' s award- winning support team. If you have any concerns, then just give us a call, e-mail, or open a ticket on our support portal. The Vertical team has a combined 974 years of experience solving problems quickly so you can focus on your business. 0 vertica
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Packet Pg. 35
Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) I
Proposal and Statement of Work for City of Redding Page- 3 The Vertical Process
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Packet Pg. 36
Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) Proposal and Statement of Work for City of Redding Page- 4 Statement of Work Overview
Outlined in the following pages, hereafter referred to as the Statement of Work( SOW), is a clear description of the services that Vertical will provide to City of Redding according to the implementation guidelines set forth in this SOW.
Within this SOW, clear guidelines are also defined as to what City of Redding' s roles and responsibilities are to ensure a successful implementation. Vertical will work closely with City of Redding to resolve any implementation issues and to accommodate any changes that need to be made to this SOW.
General Implementation Guidelines
To ensure a successful implementation per the Schedule of Equipment and Services attached below, Vertical has defined the following general guidelines.
Roles, Responsibilities and Requirements
Over the years, Vertical has a proven history of implementing communications solutions of all sizes and levels of complexity and has carefully honed its services offerings to ensure our deployments are painless and straight forward. A successful implementation depends on how intimately everyone understands the business' goals, processes and environment. This is especially crucial when executed across multiple sites and networks.
Vertical recognizes that all our customers have their own unique set of practices and technology. The Vertical implementation team will seek to uncover these intricacies and align our solution with them so you can realize the full potential of your investment. Our approach to service delivery works because everyone is functioning as one team.
To strengthen this, we strive to ensure that the same Vertical- caliber of standards, quality and processes are upheld by all team members. Upon project commencement, a Vertical Project Manager will present you with Roles, Responsibility and Requirement agreements to ensure we install your solution properly and efficiently.
Project Schedule
Once City of Redding has signed this SOW, Vertical will proceed with scheduling Vertical resources to begin the single- phase implementation ( unless otherwise specified as multi- phase). Prior to the start of the implementation, Vertical will meet with representatives from City of Redding to develop an Implementation Plan with key milestones for the implementation.
Product Configuration
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Packet Pg. 37
Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) Proposal and Statement of Work for City of Redding Page- 5 Vertical will provide Certified Engineers to perform all work under this SOW to comply with manufacturers recommended implementation procedures and will, prior to cut- over, perform standard test procedures to ensure equipment operates according to manufacturers published specifications.
Completion of Services
Cut- over will occur once Vertical has completed the implementation per the Implementation Plan.
Vertical is not responsible for the removal, disposal and cleanup of all existing cable, telephony and associated equipment. City of Redding Corp can request that Vertical provide this service prior to cut- over at an additional cost to City of Redding.
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Packet Pg. 38
Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) Proposal and Statement of Work for City of Redding Page- 6 Services and Deliverables - Vertical Communications, Inc.
Outlined below is a complete description of all services that will be provided by Vertical. All services are based on the Schedule of Equipment and Services attached below in this SOW. fit# jovertical
Packet Pg. 39
Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) Proposal and Statement of Work for City of Redding Page- 7 8x8 Hosted Quote
Date: 6/ 26/ 2023
Prepared For: Amber Edenburn
Company Name: City of Redding
Phone: 530- 225- 4135
E- mail: aedenburn@ci. redding. ca. us
Quote ID:
Requested Ship: Hold
NOTES:
8x8 Solution Deployment.
Sales Rep: Solution Engineer:
Kevin R McCloud Eric Caughenbaugh
602- 638- 5602 614) 408- 1381
kmccloud@vertical. com ecaughenbaugh@vertical. com
By signing below, City of Redding agrees to the 60 months term and to the 8x8 Master Service Agreement( 1. https:// info. vertical. com/ vertical- 8x8- terms 2. https:// www. 8x8. com/ reseller- order- terms/ vo- vcc- service- terms) and agrees that your sales agent will be acting on your behalf on all aspects of moving your services to Vertical Communications and account maintenance. Further, City of Redding certifies they have read the Customer Critical Notification Concerning Emergency Services( E911) at the bottom of this document.
Signature
Name MICHAEL DACQUISTO
Title MAYOR
Company Name City of Redding
Date 6/ 26/ 2023
Service Address 777 Cypress Avenue
City, State, Zipcode Redding, CA 96001
ATTEST:
TO-
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SHARLENE TIPTON, CITY verticalti
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Packet Pg. 40
Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) Proposal and Statement of Work for City of Redding Page- 8 City of Redding - Bill of Materials / Itemized Equipment List with Pricing
MONTHLY RECURRING COSTS
City of Redding CA City of Redding CA:
Quantity Description Part# Price( Unit) Price( Extended) 8X8 UCaaS SOLUTION USER LICENSES- RECURRING CHARGES
689 X1 User( Desk/ Soft/ Mobile Phone) includes DID VOSVCO216- 01E 9. 90 6, 821. 10 49 X2 User( Desk/ Soft/ Mobile Phone+ E- Fax) includes DID VOSVCO216- 02E 18. 90 926. 10 4 X4 User( All Features in X1& X2+ Reporting) includes DID VOSVCO216- 04E 39. 90 159. 60 17 X7 User( Contact Center, Multi- Channel) includes DID VOSVCO216- 07E 125. 00 2, 125. 00
42. Call Recording Storage Expansion( X1- X4) to 130 days VOSVCO225- 02 1. 50 63. 00:
280' Additional DIDs VOSVCO209- 01B 0. 90 252. 00
1 Domestic Toll- Free VOSVCO210- 01 5. 00 5. 00
8x8 UCaaS User Licenses Monthly SubTotal 10, 351. 80
plus applicable taxes/ fees
ONE- TIME COSTS
VERTICAL PRO SERVICES- IMPLEMENTATION- INSTALLATION
Description: Includes PMP- certified Project Manager with Turn- key Remote Design, Programming, Porting and Training 748 Implementation- All X- Series Licenses V8UCINS 44. 90 33, 585. 20 1 Toll- Free Porting IMPL_ TF 25. 00 25. 00
1 On- Site Visit Charge( incl: Travel, 3- Day Site Visit) V8TRINS 3, 920. 00 3, 920. 00 Vertical Pro Services SubTotal 37, 530. 20
not taxable
PRICING STATEMENT: The total pricing shown represents the whole of the proposed scope of work and is quoted as" not to exceed". The price( s) submitted include all time, materials, and any other projected costs necessary to fully complete the entire proposal. All ancillary costs, overhead, and profit are included in the Pricing and are incorporated into the cost proposal as" fixed" costs. No additional costs are anticipated unless a mutually- agreed- upon change in the project is signed. tk r6c
Packet Pg. 41
Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) Proposal and Statement of Work for City of Redding Page- 9 UCaaS/ CCaaS SYSTEM HARDWARE
700 Poly Edge E400IP Phone 2200- 87835- 025 215. 00 150, 500. 00 70 Poly Edge E Expansion Module( Sidecar) 2200- 87020- 025 309. 00 21, 630. 00 22, Poly Trio C60 Conference Phone 2200- 86240- 025 995. 00. 21, 890. 00. 20 1- Port ATA( Obihai OBi300) 2200- 49530- 001 75. 00 1, 500. 00 Hardware SubTotal 195, 520. 00
plus applicable tax/ shipping
ANALOG RECORDING SYSTEM
1, Hansen Analog Call Recording System, 16- ports or Less HANSEN- 16 9, 855. 00 9, 855. 00 4 Software Assurance, 4 Additional Years SWAS- 16- 1YR 1, 490. 00 5, 960. 00 1 Pro Services Installation( plus applicable travel) PS- INST 2, 970. 00' 2, 970. 00 Hardware SubTotal 18, 785. 00
plus applicable tax/ shipping/ travel
CRASH PHONE SYSTEM
1 IP6K Communication/ Notification Server with UPS VC- VE6030- 1 14, 580. 00 14, 580. 00 3, VE8004BR- CB Quad IP Audio Port Rack- Mount- CB VC- VAL- MISC 945. 00 2, 835. 00 3 VL- CONF- 4 4 Port Conference Bridge VC- VAL- MISC 1, 195. 00 3, 585. 00 4 VE8011AR- CB Single IP FXS Port, Rack- Mount- CB VC- VAL- MISC 855. 00 3, 420. 00' 3 Networked Input and Relay Module( Rack Mount) VC- VE8048AR 570. 00 1, 710. 00' 2 VE8021AR- CB Single IP FXO Port, Rack- Mount- CB VC- VAL- MISC 765. 00 1, 530. 00 2 VE8001AR- CB Single IP Audio Port, Rack- Mount- CB VC- VAL- MISC 765. 00 1, 530. 00 2 Auxiliary Relay Unit VC- V- 9955 135. 00 270. 00
4. Digital Power Supply VC- VP- 324D 49. 00 196. 00
2' RG- 10A Ring Booster VC- VAL- MISC 540. 00 1, 080. 00 16 Valcom Technical Support Services( Remote) VETSS 300. 00 4, 800. 00 1 Vertical Pro Services Installation( plus applicable travel) PS- INST 3, 785. 00 3, 785. 00, Hardware SubTotal 39, 321. 00
plus applicable tax/ shipping/ travel
AGREEMENT NOTES:
License and Hardware item pricing will be guaranteed for the Term of the agreement.
Hardware can be returned within 60 days of project cutover, within the following parameters:
Unopened items can be returned in any quantity with no fees Opened items can be returned up to 50% of total units delivered but will be charged a restocking fee of 35% of the purchase price each
Monthly Recurring Items will start billing upon usage. A prorated invoice will be sent with pricing beginning upon usage.
Vertical Pro Services will be billed upon completion of project.
Hardware requires 50% up front payment with remaining balance due upon delivery.
Packet Pg. 42
Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) Proposal and Statement of Work for City of Redding Page- 10 CRITICAL CUSTOMER NOTIFICATION (" CCN")
As a user of VoIP Based Services, you may, on occasion, have reason to dial Emergency Services or' 911'. Please be advised.
EMERGENCY SERVICES OR ' 911' MAY NOT BE ACCESSIBLE FROM YOUR VOIP SERVICE UNDER CERTAIN CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO:
A POWER FAILURE OR SOME OTHER TYPE OF FAILURE OF THE VOIP DEVICE OR ASSOCIATED EQUPIMENT.
A FAILURE OR CONGESTION OF THE DATA CONNECTION ( SUCH AS DSL CONNECTIONS) OR ASSOCIATED EQUIPMENT PROVIDED BY YOUR DATA SERVICE PROVIDER.
A FAILURE OR CONGESTION OF THE VOIP NETWORK PROVIDING YOUR VOIP SERVICE, THE PUBLIC SWITHCED TELEPHONE NETWORK( PSTN), THE 911 SERVICE PROVIDER' S NETWORK OR THE EMERGENCY SERVICES NETWORK.
THE USE OF THE SERVICE OUTSIDE THE CONTINENTAL USA
SHOULD YOU HAVE MOVED THE VOIP DEVICE, DELAYED IN PROVIDING OR FAILED TO PROVIDE ACCURATE
LOCATION INFORMATION TO YOUR SERVICE PROVIDER, OR THE INFORMATION YOU HAVE PROVIDED HAS NOT BEEN UPDATED BY YOUR SERVICE PROVIDER, OR IS INACCURATE.
THE SERVICE HAS BEEN DISCONNECTED OR SUSPENDED FOR NON- PAYMENT OR FOR ANY OTHER REASON.
FURTHER, IN SOME INSTANCES YOUR 911 SERVICE MAY BE LIMITED TO TRADITIONAL 911 SERVICE RATHER THAN ENHANCED 911 ( OR ' E- 911'). WITH E- 911 YOUR ADDRESS AND CALLBACK INFORMATION IS AUTOMATICALLY PROVIDED TO THE EMERGENCY SERVICES SYSTEMS. IF E- 911 SERVICE IS NOT AVAILABLE IN YOUR AREA OR AT THE TIME OF YOUR 911 CALL, THEN, THE SYSTEM MAY DEFAULT TO TRADITIONAL 911 SERVICE AND YOU MAY BE REQUIRED TO VERBALLY INFORM THE 911 CALL TAKER OR EMERGENCY RESPONDER OF YOUR ADDRESS AND PHONE NUMBER.
CALLBACK FROM THE EMERGENCY SERVICES MAY ALSO FAIL UNDER CERTAIN CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO:
THE USE OF CALL FORWARDING, CALL REDIRECTION OR BLOCKING SERVICES
SHOULD THE EMERGENCY CALLBACK NUMBER BE CONFIGURED TO RING A PHONE AT A DIFFERENT LOCATION THAN YOUR VOIP DEVICE.
WE HAVE PROVIDED YOU WITH A WARNING LABEL( BELOW). PLEASE PROMINENTLY DISPLAY THIS LABEL ON YOUR VOIP
DEVICE, ANY PHONE THAT MAY BE CONENCTED( EITHER DIRECTY OR INDRIECTLY) TO THE VOIP DEVICE, AND AT OTHER PROMINENT LOCATIONS AT ALL CORPORATE LOCATIONS UTILIZING THIS VOIP SERVICE. BY SIGNING THIS AGREEMENT
YOU ACKNOWLEDGE THAT YOU ACCEPT FULL RESPONSIBILITY FOR THE DISTRIBUTION OF COPIES OF THE WARNING LABELS TO THE APPROPRIATE DEVICES.
FURTHER, AT ALL CORPORATE LOCATIONS UTILIZING THIS VOIP SERVICE, YOU ARE HEREBY ADVISED TO TAKE ALL
MEANS POSSIBLE TO ENSURE THAT EMPLOYEES, GUESTS, AND ANY OTHER PERSONNEL THAT MAY UTILIZE THE VOIP
DEVICE/ SERVICES ARE AWARE OF THE LIMITATIONS OF THE EMERGENCY SERVICES IN ACCORDANCE WITH THIS CUSTOMER NOTIFICATION, AND ARE MADE AWARE OF THE ALTERNATIVE METHODS OF ACCESSING 911 SERVICES IN THE EVENT OF A FAILURE OF THE VOIP SERVICE.
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Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) Proposal and Statement of Work for City of Redding Page- 11 Please print this 911 Warning label for use on any publicly accessible phones— WARMING:911servicemaybelimitedonyourVoIPService.
VoiceService,including 911,will functiondifferently or not at all:
Duringanelectricalpoweror broadbandprovideroutageor otherfailureof theVoIPdeviceor datanetworkconnection,including congestion of the data network.
IfyouhavemovedtheVoIPdevice,orif youareusingtheserviceoutsideofthecontinentalUSA. 911 AND EMERGENCY SERVICES NOTICE
BY SIGNING BELOW, CUSTOMER ACKNOWLEDGES AND INDICATES THAT IT HAS REVIEWED THE NOTICE RELATED TO 911 AND EMERGENCY SERVICES AT https:// www. 8x8. com/ terms- and- conditions/ 911- notice Vertical Communications, Inc. City of Redding
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Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) Proposal and Statement of Work for City of Redding Page- 12 Investment
We propose hereby to furnish labor- complete in accordance with above specifications— based on the investment option selected.
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costswill be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements are contingent upon strikes, accidents, or delays beyond our control. Owner must carry fire, tornado and other necessary insurance. Our workers are fully covered by Workman' s Compensation Insurance.
We will have a security interest in all of the Products and related items ( which shall remain personal property and not become fixtures) sold and installed to secure the payments by Customer to us of the Purchase Price and any extra charges due us.
Acceptance of Proposal. The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above.
CUSTOMER will be provided a manufacturer' s warranty which extends for the life of the initial Cloudservices term contract. This warranty is not extended upon extension of the contract unless explicitly authorized in writing by Vertical Communications or via Support Plan agreement. Reseller and Customers of Reseller shall be required to obtain authorization from Vertical Communications to return any Equipment. Vertical Communications will provide replacement Equipment only if the Equipment is deemed to be defective and covered under the warranty. Vertical Communications will not cover replacement for lost, stolen or modified Equipment. Equipment returned by Reseller and Customers of Reseller that is not covered under warranty may be refused by Vertical Communications, and Reseller and Customers of Reseller will be responsible to pay return shipping charges.
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Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) Proposal and Statement of Work for City of Redding Page- 13 Key Requirements - City of Redding
Vertical has defined below key requirements for City of Redding to ensure successful implementation per the Schedule of Equipment and Services. They are as follows:
Access to City of Redding Site
City of Redding will provide full access to all of City of Redding' s premises as needed by Vertical to perform its responsibilities under this SOW. Any refusal of access shall relieve Vertical of its obligations as outlined in this SOW and the implementation schedule shall be revised to reflect the delay. City of Redding will also provide a suitable work area for Vertical personnel.
Implementation Contact
City of Redding will assign an implementation contact within City of Redding for Vertical to contact during the entire implementation phase. Along with the implementation contact, City of Redding will also provide Vertical with access any Information Technology( IT) professionals within City of Redding who are able to make decisions regarding key LAN/WAN/ Telephony issues.
Building Requirements
In order to ensure the building is suitable for the implementation set forth in this SOW, Vertical requires the following building conditions to be met by City of Redding. If these conditions are not met, Vertical is not responsible for any delays in the implementation schedule and is also not responsible for any additional costs incurred to ensure the building is suitable for installation.
Cable Installation Requirements
City of Redding will ensure all cabling infrastructure( including but not limited to conduits, floor ducts, overhead troughs, floor access, drilling holes, monuments, moving equipment and furniture, etc) is suitable for the installation of cable necessary for the implementation outlined in this SOW. City of Redding is responsible for any additional costs that may be incurred for the supply and installation of any infrastructure that is required for the cable installation. It is assumed that any existing cable ducts, troughs and/ or conduits have sufficient space remaining to install new cabling as required for this implementation.
Asbestos Removal
City of Redding must identify asbestos contaminated areas prior to implementation. Vertical will cease any further work in any areas that Vertical discovers any unknown asbestos while working on the premises. Vertical will not 11,
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Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) Proposal and Statement of Work for City of Redding Page- 14 continue the work until the asbestos is removed and the area is considered environmentally safe to work. Vertical will not be responsible for any impact to the implementation schedule as a result. Changes to the schedule will be made by Vertical and communicated to City of Redding.
Power and Environmental Specifications
Vertical will provide City of Redding with the necessary power and environmental specifications published by the equipment manufacturer. It is assumed by Vertical that City of Redding has adhered to these specifications as well as any local electrical code requirements. City of Redding will provide power to purchased equipment through an adequate number of circuits provisioned according to the equipment manufacturer' s specifications. If City of Redding has not met the above, City of Redding will assume responsibility for the cost to supply and install any infrastructure required to accommodate the published specifications. Vertical recommends the installation of a UPS providing 60 minutes of standby power. Installation of power conditioning/ surge suppression devices for all equipment is highly recommended.
Site Layout
If available, City of Redding will provide Vertical with signed, complete and accurate current floor plans that identify the placement of all desktop devices, voice mailbox users and PCs. If City of Redding requests generation of required floor plans by Vertical, Vertical will provide City of Redding with additional quote for these services.
Cable Plant and Cross Connect Records
City of Redding' s existing cable plant should conform to the EIA-T568B or UL/ CSAstandards and follow accepted wiring practices. Failure of the cable plant to meet the minimum acceptable requirements may result in a delayed cutover and/ or additional expense. City of Redding will provide Vertical with a complete set of up-to- date cable records. Should these cable records be inaccurate or unavailable, Vertical may require the purchase of cable" Tone Testing." Current cable plant and cross connect records will be generated from the tone and testing procedure.
Network Services Verification & Liaison
All network service relating requirements will be assumed by City of Redding to include the ordering and delivery acceptance of any required network services( unless otherwise requested by City of Redding.) A delivery date for any new network services to be performed will be documented in the Project Plan once agreed to by all parties Network Provider, City of Redding and Vertical).
Vertical requires up to date Network Service Provider records to include information regarding existing network services and City of Redding site and any planned services with expected delivery dates. If these records are not accurate and Vertical needs to then verify and document existing network services, Vertical will provide an additional quote to City of Redding for these additional charges prior to proceeding with the implementation. vertical
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Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) Proposal and Statement of Work for City of Redding Page- 15 Receipt Of Equipment
Vertical will coordinate equipment delivery with City of Redding based on a mutually agreed delivery schedule for all equipment, noting that equipment may be scheduled to arrive on various dates. Once the equipment has arrived at City of Redding site, Vertical and City of Redding will do an inspection and inventory of all delivered equipment. Any issues will be documented by Vertical. To confirm receipt of all equipment, Vertical will provide at time of delivery a Notice of Equipment Delivery( NED) form which will be signed by the designated contacts for City of Redding and Vertical provided there are no issues with the delivery.
Any special access requirements needed to accommodate the delivery are to be made by City of Redding. Any costs incurred for required building alterations relating to the equipment installation outlined in this SOW are the responsibility of City of Redding.
Once the equipment arrives on City of Redding site, City of Redding is responsible for all the equipment and for providing secure storage for the equipment.
Training
Training of endpoints will be provided by Vertical as outlined in the Implementation Plan. Vertical and City of Redding will agree on scheduling of these training courses. City of Redding is responsible for communicating the scheduled times to their employees. In order to provide adequate training, City of Redding is to make available on- site training facilities which should have the proper cable installation for the endpoints needed for training. Vertical will record attendance for each training class and provide that information to City of Redding upon completion of training.
City of Redding Supplied Equipment
All City of Redding provided servers and client PC's must meet the hardware and software specifications required for all application software purchased. Vertical will provide City of Redding with these specifications prior to installation. If the equipment does not meet specifications, Vertical will provide City of Redding with the additional charges required to meet specifications. If City of Redding intends to utilize any existing OEM equipment with the proposed equipment outlined in this SOW, City of Redding will provide to Vertical any required information regarding the integration between existing and proposed equipment. Vertical is not responsible for any coordination needed with existing equipment vendors.
Remote System Access and Alarm Reporting
Vertical recommends Remote System Monitoring for better efficiency in performing any diagnostics or database changes. If City of Redding would like to take advantage of Remote System Monitoring, City of Redding must provide remote system monitoring access to Vertical. This service is an additional charge to City of Redding.
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Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) Proposal and Statement of Work for City of Redding Page- 16 Statement of Work Modifications
City of Redding shall communicate to Vertical any changes or modifications requested to this Statement of Work. If Vertical accepts and agrees to the changes, Vertical will modify this SOW or issue a Change Order form with the accepted changes. Vertical will also make modifications to the Schedule of Equipment and Services including pricing to reflect the changes requested for this SOW as well as the Project plan to reflect any changes in the dates and milestones. Vertical will work closely with City of Redding to review the changes to ensure minimal impact to projected milestones and cut- over date.
Vertical is not responsible for any delays in the implementation due to changes made by City of Redding to this Statement of Work.
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Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) Proposal and Statement of Work for City of Redding Page- 17 Acceptance of SOW
By City of Redding signing the below, City of Redding confirms their acceptance of the Terms and Conditions set forth in this Statement of Work and gives Vertical the ability to proceed with the work described in this SOW. In addition, by signing this SOW City of Redding acknowledges that they will undertake site preparations and meet network specifications as detailed in the Key Requirements section of this SOW.
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Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) Proposal and Statement of Work for City of Redding Page- 18 Next Steps
Upon acceptance of this SOW, Vertical will initiate the following next steps:
Contact City of Redding to schedule implementation dates and introduce Vertical' s Project Manager( if applicable).
Assign trained and certified technical resources following confirmation of scheduled implementation dates.
These resources will ensure successful implementation of the product( s) and solutions as detailed in this SOW.
Schedule an initial Kick-off Meeting with City of Redding. During this meeting, Vertical will introduce the implementation team, work with City of Redding to develop a detailed implementation schedule, set project milestones and discuss all aspects of this implementation. The Kick-off will provide an opportunity for Vertical and City of Redding to address any outstanding questions or areas of concern.
Begin implementation according to this statement of work and the agreed implementation schedule.
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Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) Proposal and Statement of Work for City of Redding Page- 19 The Vertical Commitment
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On behalf of all the people at Vertical Communications, I would like to thank you for choosing us to be your partner. We are committed to delivering a world- class solution and implementation that will benefit City of Redding every day. We' ve been doing this for decades and our team has served over 10,000 customers. We know that experience will be apparent in every step of this process.
More than building solutions, here at Vertical, we pride ourselves on building long- lasting relationships with our customers. We are committed to earning your trust one day at a time, first by delivering the solution outlined in this proposal and then by delivering great service every day afterward. Please rely on us whenever you have an issue with your voice, video, chat, contact center, data, network, or other communications solutions.
Here' s my personal commitment to you. If you ever feel that we aren' t delivering the best possible experience, please reach out to me directly and we will make sure it is fixed. We have a clear escalation process for issues that you can find at http:// info.vertical.com/serviceescalation, but my cell number is listed below. If you feel we aren' t giving you world- class service, call me. We want to make sure we are delivering the best possible customer experience.
Thanks for choosing Vertical and we look forward to years being your go-to communications partner. 74 Ben Treadway
President, Vertical Communications
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Direct- ( 770) 864- 8701
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Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) 6/ 26/ 23, 1: 11 PM Vertical 8x8 Terms
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These Terms of Service were last update on: 06/ 15/ 2020 To be notified of future changes to these Terms of Service click here, http:// info. vertical. com/ 8x8- terms- notify.
Terms:
These terms and conditions, along with the Vertical Service Quote( including the Critical Customer Notification concerning Emergency Serices), you executed with Vertical constitutes the Agreement(" Agreement") between Vertical Communications, Inc.(" Vertical"," we", or" us") and the user you,"" user" or" Customer") of Vertical' s business communications services and any related products or services(" Service"). This Agreement governs both the Service and any equipment, such as a Multimedia Terminal Adapter, Analog Telephone Adapter or any other IP connection Equipment, used in conjunction with the Service and it applies to all lines on each Vertical account. Vertical may, at its discretion and without notice, modify, change, add to or omit any terms and conditions in this Agreement without advance notice to you. Your use of this Service after one( 1) full billing cycle constitutes your agreement to such changes. Upon request, Vertical will mail to you a paper copy of this Agreement. This Agreement shall be effective the later of( i) the date it is signed by Vertical or( ii) you first begin to use the Service( the" Effective Date").
BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER
INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY ITS TERMS AND CONDITIONS. YOU WAIVE ANY RIGHT TO TRIAL BY JURY TO RESOLVE ANY DISPUTES THAT MAY ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT.
1. EMERGENCY SERVICES- 911 DIALING
YOU SHOULD BE AWARE THAT THERE ARE SOME CIRCUMSTANCES UNDER WHICH YOUR E911 SERVICE MAY NOT BE AVAILABLE OR MAY BE LIMITED IN SOME WAY. EXAMPLES OF THE LIMITATIONS OF YOUR E911 SERVICE WHEN COMPARED TO A TRADITIONAL TELEPHONE SERVICE ARE LISTED IN THIS SECTION. YOU ARE STRONGLY ADVISED TO FAMILIARIZE YOURSELF WITH THIS
SECTION AND DISCUSS IT WITH YOUR VERTICAL REPRESENTATIVE IF THERE IS ANYTHING YOU FIND CONFUSING OR YOU DO NOT UNDERSTAND. IN ADDITION TO THESE TERMS, THE CUSTOMER ACKNOWLEDGES AND INDICATES REVIEW OF THE FOLLOWING STATEMENT ON 911 EMERGENCY SERVICES:
https:// www. 8x8. com/ termsand- conditions/ 911- notice.
1. 1 911 Dialing. All our customers have access to either basic 911 or Enhanced 911 ( E911) service depending on the local emergency center for the area. With E911 service, when you dial 911, your telephone number and registered address are simultaneously sent to the local emergency center assigned to your location, and emergency operators have access to the information they need to send help and call you back if necessary.
Customers have basic 911 in locations where the emergency center is not equipped to receive your telephone number and address. With basic 911, the local emergency operator( s) answering the call will not have your call back number or your exact location, so you must be prepared to give them this information. Until you give the operator( s) your phone number, he/ she may not be able to call you back or dispatch help if the call is not completed or is not forwarded, is dropped or disconnected, or if you are unable to speak.
You authorize us to disclose your name and address to third- parties involved with providing 911 Dialing to you, including, without limitation, call routers, call centers and local emergency centers.
Users dialing 911 using Microsoft Teams clients or phones as the endpoints for 8x8 service must be aware that 8x8 and Vertical do not control Teams 911 records. This information is controlled in the Teams interface. Vertical and 8x8 cannot be responsible for updating this information or for 911 calls placed through Teams endpoints. Please refer to Microsoft documentation on setting this location information.
1.2 Notify All Users. You should inform any CUSTOMERS, EMPLOYEES, guests OR other third persons who may be present at the physical location where you utilize the Service of the important difference in, and limitations of, 8x8 911 Dialing as compared with TRADITIONAL basic 911 or E911.
1. 3 Location of Service. This Service is provided at specific permanent addresses per site or user, unless configured with Nomadic 911 service.
Nomadic 911 service behaves in the way described by 8x8 in this document, https:// www. 8x8. com/ terms- and- conditions/ 911- notice. Before you move to another location, you must notify Vertical to determine if service can be provided at your new permanent address. The customer may make changes to 911 address information using the 8x8 administration portal. In this case, Vertical will bear no responsibility for 911 service to change users or sites. For best service, users using the mobile UC client will automatically make emergency calls using their device' s telephone service and not the mobile client phone service.
If you attempt to use the Service without notifying Vertical and receiving our confirmation, emergency personnel may not be able to locate you to adequately respond to an emergency. Even with E911, emergency personnel may be dispatched at the address listed with us and not the address where you use the service if you fail to follow the requirements of this paragraph.
1.4 Confirmation of Activation Required. Your 911 Dialing feature will not be activated for any phone line that you are using with the Service, UNLESS AND UNTIL YOU RECEIVE AN EMAIL FROM VERTICAL CONFIRMING THE 911 DIALING FEATURE HAS BEEN ACTIVATED FOR THAT PHONE LINE.
1. 5 Service Outages.
a) Service Outages Due to Power Failure or Disruption. Dependent upon your location, network backup power systems may be in place during the event of a power failure. The equipment provided may also provide limited battery backup. Consult with Vertical to determine whether or not your equipment has battery backup.
i. Equipment with battery backup. Battery backup on qualifying equipment is limited. Excessive use during a power outage will result in shortened life of the internal battery. The equipment may provide indication of low battery voltage. Customer should contact Vertical for https:// info. vertical. com/ vertical- 8x8- terms 1/ 9 Packet Pg. 53
Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) 6/ 26/ 23, 1: 11 PM Vertical 8x8 Terms
instructions or replacement. Failure of network power backup systems or the internal backup system during a power failure or disruption will prevent all Service, including 911 dialing, from functioning. ii. Equipment without battery backup. Equipment that does not have a battery backup cannot support 911 dialing in event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the equipment prior to utilizing the Service, including 911 Dialing. b) Service Outages Due to Internet Outage or Suspension or Disconnection of Broadband Service or ISP Service. Service Outages due to Internet Outage or Suspension or Disconnect of Broadband Service or ISP will prevent all Service, including 911 dialing, from functioning. You understand you must obtain your own Internet connection, or obtain service from us( where available) to use the Service. We may not control your Internet access or the quality of your Internet connection even if the service is purchased from us depending on the type of connection purchased. We are not responsible for problems caused by your Internet connection or for any third- party products or service, nor will we contact any third- party providers on your behalf unless you have a Vertical service contract or authorize Vertical to due billable work to fix the problem. c) Service Outage Due to Disconnection of Your Vertical Account. Service outages due to disconnection of your account will prevent all Service, including 911 Dialing, from functioning.
d) Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. Your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that you alert us to this situation, we will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service, including the 911 Dialing feature, may not function. You acknowledge that Vertical is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of Service, including 911 Dialing, which may result. In the event you lose Service as a result of blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you disconnect the Service in accordance with this Agreement. e) Other Service Outages. If there is a Service outage for any reason, such outage will prevent all Service, including 911 Dialing, from functioning. SUCH OUTAGES MAY OCCUR FOR A VARIETY OF REASONS, INCLUDING, BUT NOT LIMITED TO, THOSE REASONS DESCRIBED ELSEWHERE IN THIS AGREEMENT.
1.6 Network Congestion; Reduced Speed for Routing or Answering 911 Dialing Calls. There may be a greater possibility of network congestion and/ or reduced speed in the routing of a 911 Dialing call made utilizing the Service as compared to traditional 911 dialing over traditional public telephone networks.
1.7 Disclaimer of Liability and Indemnification. We do not have any control over whether, or the manner in which, calls using your 911 Dialing service are answered or addressed by any emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. NEITHER VERTICAL NOR ITS OFFICERS, DIRECTORS, EMPLOYEES,
AFFILIATES, OR AGENTS MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO OUR 911 DIALING SERVICE. You shall defend, indemnify, and hold harmless Vertical, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses( including, without limitation, attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/ or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel.
1.8 Alternate 911 Arrangements. If you are not comfortable with the limitations of the 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or disconnecting the Service.
1.9 Non- exclusive, Non- transferable License; Retention of Rights. The right to use any of the Service granted to the Customer is nonexclusive and nontransferable, and Customer shall prohibit use of the Service by any third party other than Customer for such Customer' s internal business purposes. It is expressly understood that title to the Service, any trade names, trade dress, trademarks, service marks, commercial symbols, copyrightable material, designs, logos and/ or any other intellectual property belong to Vertical or its underlying providers and does not pass to the Customer.
Restrictions: Customer shall not:
a) copy or adapt the Service for any purpose, except as specifically permitted under this Agreement; b) use the Service except in accordance with all applicable laws and regulations, and except as set forth in any documentation or instructions provided by Vertical;
c) reverse engineer, translate, decompile, or disassemble the Service; d) use the Service in any outsourcing, application service provider, time- sharing or service bureau arrangement, including, without limitation, any use to provide Service or process data for the benefit of, or on behalf of, any third party other than the Customer; e) cause or permit the disabling or circumvention of any security mechanism contained in or associated with the Service; or f) delete, alter, cover, or distort any copyright or other proprietary notices or trademarks.
2. SERVICE
2. 1 Terms.
a) Service Terms: Service is offered on a Fixed Term agreement( the Fixed Term is a span of time that is specified in your signed order with Vertical) that begins on the date Vertical activates your Service, unless activation is delayed due to circumstances beyond the customer' s control— then the term starts once the impediment to activation is removed and ends on the day before the same date at the end of fixed term; but in all events, billing will commence within six( 6) months of execution of the Agreement. Should you postpone the date of activation more than one time, you will be charged two- hundred fifty dollars($ 250) per location for each and every postponement after the first postponement. For purpose of clarity, the preceding sentence does not obligate us to grant a postponement of the activation date. Subsequent terms of this Agreement automatically renew for the same length of the original contract unless you give us written notice of non- renewal at least thirty( 30) days before the end of the term in which the notice is given. The Service is offered for the whole period of the Fixed Term and you will be charged a pro- rated https:// info. vertical. com/ vertical- 8x8- terms 2/ 9 Packet Pg. 54
Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) 6/ 26/ 23, 1: 11 PM Vertical 8x8 Terms
cancellation fee if you cancel the service prior to the end of the agreement term. Each month' s service is billed in full monthly increments meaning that if you attempt to disconnect Service prior to the end of a billing month, you will be responsible for the full month' s charges to the end of the then- current month, including, without limitation, unbilled charges, plus the agreement termination fee, if applicable, all of which will immediately become due and payable. You will also be responsible for the next full month' s charges in the event that you do not provide the requisite thirty- day notice of disconnection prior to the expiration of the then current term. Expiration of the term, suspension or disconnection of Service will not excuse you from paying all accrued and unpaid charges due under this Agreement.
2. 2 Fair Use.
a) Usage Review. Vertical reserves the right to review usage of all its plans to ensure you are not abusing them. You agree to use Vertical Services for normal voice or fax calls and will not employ methods or equipment to take advantage of the Services by using the voice or fax services excessively or for means not intended by Vertical. Vertical may terminate Service immediately if it determines, in its sole discretion, you are abusing its plans. We reserve the right to at any time enforce this policy. For subscribers where usage to high cost areas( for example such as calls to rural numbers, Alaska or Hawaii) exceeds 5% of total call traffic, or more than 5% of call volume lasts less than 10 seconds, such usage may be deemed excessive in the sole reasonable discretion of Vertical. For such usage, you agree to pay a per- minute or per page fee surcharge in excess of established levels at the current Vertical rate. The surcharge is currently$ 0. 03 per minute and/ or$ 0. 03 per fax page.
This surcharge applies to all plans, including the unlimited plans. Alternatively, in the sole discretion of Vertical, your Service may be immediately terminated.
b) Small Business Unlimited Usage Definition: Vertical' s definition of" unlimited usage" is based on the combined number of inbound and outbound voice minutes( excluding all Vertical advertising and informational messages). We reserve the right to at any time enforce this policy in accordance with its terms. If the average voice usage exceeds 2, 000 minutes per call path, such usage shall be deemed excessive. In that event, you agree to pay a per minute, which is currently$ 0.03 per minute. This overage fee applies to all plans including the unlimited plans.
Alternatively, in the sole discretion of Vertical, your Service may be immediately terminated.
2. 3 Prohibited Uses.
a) Unlawful. You shall use the Service and the Equipment only for lawful purposes. We reserve the right to immediately disconnect your Service without notice, if, in our sole and absolute discretion, we determine that you have used the Service or the Equipment for an unlawful purpose. In the event of such disconnection, you will be responsible for the full charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon disconnection of your Service. If we believe that you have used the Service or the Equipment for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, Vertical will provide information in response to law enforcement requests, lawful government requests, subpoenas, court orders, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others.
b) Inappropriate Conduct. You shall not use the Service or the Equipment in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another' s privacy, or any similar behavior. We reserve the right to immediately disconnect your Service without notice, if, in our sole and absolute discretion, we determine that you have used the Service or the Equipment in any of the aforementioned ways. In the event of such disconnection, you will be responsible for the full charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon disconnection of your Service. If we believe that you have used the Service or the Equipment in any of the aforementioned ways, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, Vertical will provide information in response to law enforcement requests, subpoenas, court orders, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others. Furthermore, Vertical reserves all of its rights at law and equity to proceed against anyone who uses the Service illegally or improperly.
2. 4 Copyright; Trademark; Unauthorized Usage of Equipment; Firmware or Software. a) Copyright; Trademark. The Service and Equipment and any firmware or software used to provide the Service, or provided to you in conjunction with providing the Service, or embedded in the Equipment, and all Service, information, documents and materials on our websites are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All of our websites, corporate names, service marks, trademarks, trade names, logos and domain names( collectively" marks") are and will at all times remain our exclusive property or the property of our underlying service providers. Nothing in this Agreement grants you the right or license to use any of these marks. b) Unauthorized Usage of Equipment; Firmware or Software. You have not been granted any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Equipment, other than a nontransferable, revocable license to use such firmware or software in object code form( without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. You expressly agree that the Equipment is exclusively for use in connection with the Service and that we will not provide any passwords, codes or other information or assistance that would enable you to use the Equipment for any other purpose. We reserve the right to prohibit the use of any interface equipment that we have not provided to you. You hereby represent and warrant that you possess all required rights, including software and/ or firmware licenses, to use any interface equipment that we have not provided to you. In addition, you shall indemnify and hold us harmless against any and all liability arising out of your use of such interface Equipment with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
2.5 Tampering with the Device or Service. You shall not change the electronic serial number or Equipment identifier of the Equipment to perform a factory reset of the Equipment without our prior written consent. We reserve the right to disconnect your Service if we believe, in our sole and absolute discretion, that you have tampered with the Equipment. In the event of such disconnection, you will remain responsible for the full charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will immediately become due and payable. You shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.
2. 6 Theft of Service. You shall not use the Service in a manner calculated to avoid Vertical policies and procedures. You shall not obtain or use the Service in an improper manner. You shall notify us immediately, in writing or by calling our customer support line, if the Equipment is stolen or if you become aware at any time that your Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When you call or write, you must provide your account number and a detailed description of the circumstances of the Equipment theft, fraudulent use or unauthorized use of Service. Failure to do so in a timely manner may result in the disconnection of your Service and additional charges to you.
Until such time as we receive notice of the theft, fraudulent use or unauthorized use, you will be liable for all use of the Service using Equipment https:// info. vertical. com/ vertical- 8x8- terms 3/ 9 Packet Pg. 55
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stolen from you and any and all stolen, fraudulent or unauthorized use of the Service. Vertical reserves all of its rights at law and equity to proceed against anyone who uses the Service illegally or improperly.
2.7 Return of Equipment. Customers may return Equipment to us and we will also waive our termination fee, subject to the following: Service is disconnected within the first thirty( 30) days following the activation of the Service; you return the Equipment to us within fourteen( 14) days of the date you disconnected Service; we receive the Equipment in its original condition; you return original proof of purchase( if applicable) with the Equipment, together with the original packaging, all parts, accessories and documentation; and you pay all costs of returning the Equipment back to us. These terms do not apply to Equipment subject to an Equipment User Agreement( as defined in Section 3.3(d).) Ship to:
3908 E. Broadway Rd Suite 100
Phoenix, AZ 85040
If you receive Equipmentthat is visibly damaged,you must contactour customer care department immediatelyat 877-Vertical,Option 3, or Service@vertical. com.
2.9 Ownership and Risk of Loss. If you purchase Equipment, you bear all risk of loss of, theft of, casualty to or damage to the Equipment, from the time it is shipped to you until the time( if any) when it is returned to us in accordance with this Agreement. This may be modified by the terms of a Vertical support contract if one is purchased.
2. 10 No 0+ or Operator Assisted Calling; May Not Support x11 Calling. The Service does not support 0+ or operator assisted calling including, without limitation, collect calls, third party billing calls, calling cards or 900 calls). The Service may not support 311, 511 and/ or other x11 ( other than certain specified dialing such as 911 and 411, which are provided for elsewhere in this Agreement) Service in one or more( or all) service areas.
2. 11 Incompatibility with Security Systems.
The Service may not be compatible with security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the Service.
2. 12 Fax Or Credit Card Machines. Vertical cannot guarantee that Fax machines or credit card machines connected through an analog telephone adapter( ATA) or similar equipment will operate properly or consistently. Voice Over IP technology is not fully consistent with the method of operation of these devices. Vertical offers a fax service as an optional service for customers needing guarantees of fax delivery. The Customer acknowledges that these devices will work in a best- effort mode and Vertical is not liable for providing service to such systems.
2. 12 Scope of Service.
a) The Service and the Equipment are solely and exclusively for the use of the Customer and shall not be used for any illegal purpose or in any manner inconsistent with the provisions of this Agreement. Customer acknowledges the Service and the Equipment were developed, compiled, prepared, revised, selected and arranged by Vertical and others( including certain information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial, time, effort and money and constitute valuable industrial and intellectual property and trade secrets of Vertical and such others. Customer agrees to protect the proprietary rights of Vertical and all others having rights in the Service and the Equipment during and after the Term. Customer acknowledges and agrees that it has no ownership rights in and to the Service and that no such rights are granted under this Agreement. Customer shall honor and comply with all written requests made by Vertical or its suppliers to protect their and others' contractual, statutory and common law rights in the Service and the Equipment with the same degree of care used to protect its own proprietary rights, which in no event shall be less than reasonable efforts. Customer agrees to notify Vertical in writing promptly upon becoming aware of any unauthorized access or use by any party or of any claim that the Service or the Equipment infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. b) Customer shall not access the Service through any medium or Equipment which Vertical has not authorized in writing, nor may any medium or Equipment by which the Service is provided be shared, moved, modified, interfaced, copied, broadcasted, reproduced, ported or otherwise routed with or to any other equipment without Vertical' s prior written consent. In addition, Customer shall not move, modify, interface, copy, broadcast, reproduce, port or otherwise use or route the Service or any portion thereof with or to any other equipment, network or software that Vertical, in its sole good faith judgment, determines is interacting or interfering or may interact or interfere with the performance of the Service or any portion thereof and, from time to time, upon Vertical' s request therefore, Customer shall promptly notify Vertical in writing of any and all such equipment, network and Service expressly provided by Vertical for operation on Customer' s own equipment shall be furnished without warranty as to compatibility, fitness or performance with such equipment, and Customer shall bear all cost and responsibility for such equipment.
Unauthorized access or use is unlawful and Vertical and its suppliers shall have all rights provided by law to prevent such access or use and to collect damages in such event. Customer agrees to notify Vertical in writing promptly upon becoming aware of any unauthorized access or use.
Customer shall not share, recompile, decompile, disassemble, reverse engineer, or make or distribute any other form of, or any derivative work from, the Services and/ or the equipment. Customer may use the Service solely for its internal business purposes and may not use the Service for any development purposes or to develop any applications, software or otherwise that could in any way interact or interfere with the performance of the Service or any portion thereof, except as Vertical may expressly permit under a separate development license with Customer. c) The analysis and presentation included in the Service shall not be recirculated, redistributed or published by Customer except for internal purposes without the prior written consent of Vertical and where necessary, with certain sources of the information included in the Service. d) Customer shall not use any of Vertical' s or its Affiliated Companies' trademarks, trade names, or service marks in any manner which creates the impression that such names and marks belong to or are identified with Customer, and Customer acknowledges that it has no ownership rights in and to any of these names and marks.
e) Customer acknowledges and agrees that Vertical may delegate certain of its responsibilities, obligations and duties under or in connection with this Agreement to a third party or an Affiliated Company of Vertical, which may discharge those responsibilities, obligations and duties on behalf of Vertical.
f) The service is provided by 8x8. 8x8 requires the customer to agree to pass- through terms of service. The link to these service terms should have been included in the contract the customer signed. The service terms can be found at this link: https:// www. 8x8. com/ reseller- order- terms/ vo- vcc- service- terms. By accepting this agreement( as documented earlier), the customer also agrees to the 8x8 service terms found at that link.
3. CHARGES; PAYMENTS; TAXES; DISCONNECTION
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3. 1 Billing. We will bill all charges, applicable taxes and surcharges monthly in advance( except for usage- based charges, which will be billed monthly in arrears, and any other charges which we decide to bill in arrears), including but not limited to: setup charges; monthly Service fees; equipment rental fees; usage charges; international usage charges; advanced feature charges; advanced features/ add- ons; regulatory recovery fee, universal service fund; 911 fees; federal, state and/ or local taxes; disconnection fees; and shipping and handling charges. The amount of such fees and charges shall be available to our customers upon request. Vertical may introduce new products and services at special introductory pricing. Introductory pricing may change at Vertical' s discretion. Notification of monthly invoices will be sent to you via mail or your email address on file with us. Any usage charges will be billed in increments that are rounded up to the nearest minute unless otherwise puclished.
The above fees are defined as follows:
Setup Charge- This fee covers charges for setting up your account and activating you on our system.
Monthly Service Fee- This is the basic charge associated with your Service. This fee includes the calling charges defined by your plan; the features associated with your plan and basic account Service.
Equipment Rental Fees— This is the charge associated with the rental of equipment for the sole purpose of use in connection with the Service.
Usage Charges- If you exceed the number of calling minutes on your plan, Vertical will bill you for the minutes you use above your allowance.
Vertical also bills for calls to directory assistance and other information services.
International Usage Charges- These are the fees associated with calls to locations outside of the US, and Canada.
Advanced Features, Add- Ons, Premium Services— Vertical charges additional fees for enhanced features and services such as Toll- Free, Fax Service, Conference Bridge, Recording Storage, etc.
Universal Service Fund- The Universal Service Fund( USF) provides support to promote access to telecommunications services at reasonable rates for those living in rural and high- cost areas, income- eligible consumers, rural health care facilities, and schools and libraries All telephone companies that provide service between states and internationally, including wireless companies, must contribute a percentage of their revenues derived from these services to the USF.
Taxes— Vertical is required to bill and collect local, state and federal taxes imposed on Vertical customers by the various taxing authorities.
Vertical passes all taxes it collects on to the appropriate taxing authority. 911 Fees- State and/ or local governments may assess fees on Vertical to pay for emergency services in your community. Vertical bills and collects 911 fees from its customers and remits such fees to the appropriate authority. Depending on where you live, these fees can vary widely.
Vertical is committed to supporting public safety services and resources in your State.
Regulatory Recovery Fees- Federally authorized fees collected to reduce overhead costs involved in including certain services provided for communication and safety.
3.2 Billing Disputes. You must notify us in writing within thirty( 30) days after receiving your statement if you dispute any Vertical charges on that statement or you will be deemed to have waived any right to contest such charges. All notices of disputed charges should be sent to:
VerticalDirectAR@vertical. com
3. 3 Payment and Collection.
a) Payment. We bill in advance, except for usage on a monthly basis. Payment is due upon receipt. If payment is not received by the due date, at late fee of 1.5% of the unpaid balance will apply.
b) Collection. If your Service is disconnected, you will remain fully liable to us for all charges pursuant to this Agreement and any and all costs we incur to collect such amounts, including, without limitation, collection costs and attorney' s fees. c) Notices. Vertical will provide 30 days advance notice prior to disconnection of service. d) Equipment Subject to Equipment Use Agreement. Notwithstanding the foregoing, if Vertical and Customer enter into a separate leasing or finance agreement relating to any Equipment provided by Vertical( an" Equipment Use Agreement"), Customer' s obligations with respect to such Equipment( payment or otherwise) shall be solely governed by the Equipment Use Agreement, and any modification or termination of this Agreement or any Wireless Service or Plan shall not operate to modify or relieve Customer from any of Customer' s obligations under the Equipment Use Agreement. Amounts owed Vertical under any Equipment Use Agreement are not included in the charges for the Hosted Service under this Agreement, though such amounts may be invoiced along with the charges owed by Customer to Vertical under this Agreement for Customers convenience.
3. 4 Disconnection; Discontinuance of Service. " Vertical may terminate the Contract for cause upon thirty( 30) calendar days prior notice to the City of Redding. The City of Redding shall have the opportunity to cure any default in the Contract during the thirty( 30) calendar day notice period." If we discontinue the Service generally, you will only be responsible for charges accrued through the date of disconnection, including a pro- rated portion of the final month' s charges. If your Service is disconnected on account of your breach of any provision of this Agreement, you will be responsible for the full charges to the end of the current term, including, without limitation, unbilled charges, plus the termination fee, if applicable, all of which will immediately become due and payable. Vertical will pursue collection for unpaid amounts on disconnected accounts and may report to credit bureaus.
3.5 Taxes. State and local governments may assess taxes, surcharges and/ or fees on your use of Vertical Service. These charges may be a flat fee or a percentage of your Vertical charges and may change from time to time without notice. These charges are based on the rates applicable to the address you provided to us. You are responsible for all applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value- added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or equipment. Such amounts are in addition to payment for the Service or equipment and will be billed to you as set forth in this Agreement. If you are exempt from payment of such taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax exempt status. Tax exemption will only apply from and after the date we receive such certificate.
3.6 Charges for Directory Calls( 411). We will charge you$ 1.50 for each call made to directory assistance.
4. RENTAL EQUIPMENT
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4. 1 Rental Program Customers who choose to rent phone equipment for use with Vertical Service agree to the following additional terms. These terms cover the usage of Vertical- certified telephony equipment( each a' Rental Device) with the Vertical Services provided to the customer. You will be charged a monthly rental fee for each Rental Device which will be paid using the same payment method and payment period as for your other Vertical Services(' the Rental'). Rental Devices are provided as a courtesy feature for users of the Vertical Services. Each Rental Device rented must have an associated seat of service( for example, a customer with 30 monthly seats may not rent 31 devices). This Rental Program is offered and available to United States Residents only.
4.2 Ownership of the Rental Device Vertical Communications is and will remain the owner of each Rental Device unless title is conveyed to you in writing by Vertical. You will not grant any third party any right to use, possess,or control any RentalDevice, subleaseany Rental Device, attempt to dispose of any Rental Device, grant any interest or right in a Rental Device to any third party, or otherwise do anything that undermines Vertical' s ownership of each Rental Device. Vertical may, without notifying you, assign Vertical' s interest in any Rental Device, and in that event, Vertical' s assignee will have all of Vertical' s rights in the Rental Device under this Agreement, but none of Vertical' s obligations. You agree not to assert against Vertical' s assignee any claims, offsets, or defenses you may have against Vertical. Upon Vertical' s request, you will execute and deliver to Vertical any documents or forms for protecting Vertical' s ownership and interest in each Rental Device, including finance statements under the Uniform Commercial Code.
4. 3 Term of Rental The rental term will begin on the date the Rental Device is recorded as delivered to the customer premise by the designated shipping service( this is the' Rental Start Date'). The term will last a minimum of thirty- six( 36) months. Customers who wish to terminate the rental earlier than thirty-six( 36) months will be subjectto Early Termination Fees( ETFs). If the customerterminates their Vertical Servicesearlier than the 36 months, they can, at Vertical' s discretion, continue to rental term subject to usage limitations. Upon completion of the minimum term, the customer may continue to rent the Rental Device on a month to month basis.
4.4 Termination of Rental Upon any termination of the Rental you agree to return or purchase a Rental Device( including all accessories and materials that were provided with the primary hardware device) subject to the Return of Rental Device section of this agreement. There are two scenarios for Termination of Service:
a) If the Rental is terminated before the thirty- six( 36) month minimum term is completed, then the customer must pay ETFs and return the Rental Device. Returning the Rental Device by itself does not end your obligations in this Rental Program. Any ETFs must be paid. Upon receipt of the Rental Device, the ETFs, any outstanding invoices from Vertical, and certification of the condition of the device in accordance with the Return of Rental Device section of this agreement, Vertical will provide written notification that the customer has no further obligation under this Rental Program.
b) If the Rental is terminated after the thirty- six( 36) month minimum term, then the customer may end the Rental by providing written thirty( 30) day notice to Vertical, paying all outstanding invoicesfrom Vertical, and returning the phone in accordance with the Return of Rental Device section of this agreement. Upon receipt of the Rental Device, any outstanding invoices from Vertical, and certification of the condition of the device in accordance with the Return of Rental Device section of this agreement Vertical will provide written notification that the customer has no further obligation under this Rental Program.
4.5 Receipt of Rental Device Upon receipt of the Rental Device from Vertical, the customer must immediately inform the Vertical Project Manager of the arrival. Rental Devices will be provided from Vertical stock and in good working order and appearance when provided to the customer. The customer will have five( 5) business days to examine the equipment and report any issue. If the customer reports no issues within that time, each Rental Device is deemed to be in good working order at the time of receipt. If a Rental Device is determined to have an issue by the customer or Vertical representative on- site, the customer must contact Vertical, report the specific problem and device to Vertical customer service via Vertical' s published service process( see http:// info. vertical. com/ serviceescalation) and, if Vertical certifies the issue, retum the device in accordance with the Return of Rental Device section of this agreement. If the problem is verified, then Vertical will replace the device with an equivalent device. This requirement applies at initial installation as well as for any subsequent devices. The customer must also label all phones at time of receipt( see Labelling of Rental Devices in this agreement).
4.6 Labeling of Rental Devices All Rental Devices must be labelled as property of Vertical Communications. Vertical will send the customer a physical or electronic copy of the approved label for this purpose and the label must be permanently attached to the main body of the Rental Device.Any Rental Device withoutthis sticker is not eligiblefor Vertical service, replacement,or return at the end of the Rental.Any new Rental Device sent to the customer must also be labelled at time of receipt.
4.7 Return of Rental Device The customer must coordinate any return with Vertical in accordance with the return options listed in this agreement.
Rental Devices that must be retumed will be shipped to:
3908 E. Broadway Rd Suite 100
Phoenix, AZ 85040
Rental Devices should be returned with all original accessories and documentation in the original box. If a Rental Device is returned substantially missing accessories and documentation, then Vertical may charge a Restocking Fee of thirty dollars($ 30. 00) Returned Rental Devices will be subjected to inspection by Vertical.
a) If the Rental Device is returned at the termination of Rental, then it will be inspected for good condition and full operation. If the Rental Device has been damaged( cosmetically or functionally), destroyed, or lost beyond normal wear and tear then Vertical may require payment of repair or replacement cost by the customer. The term" Replacement Cost" shall mean, with reference to any Rental Device, the fair market value of such Rental Device, plus any applicable taxes and fees. Once Vertical has certified the Rental Device is in acceptable condition, then it will be considered retumed( this does not terminate the Rental, see Termination of Rental in this Agreement). The customer agrees to pay all shipping and handling charges related to returning a Rental Device for termination of Rental. b) If the Rental Device is returned due to a defect then it will be inspected to verify the defect. If the unit is found to be fully operational, it will be shipped back to the customer( shipping charges may be billed to the customer in this instance).
4.8 Monthly Charges The Rental is based on a monthly charge( the' Rental Fee') for each Rental Device. The specific Rental Fee for each phone will be listed on the Vertical Quote signed by the customer. The Rental Fees do not include additional services you may select, taxes, fees, international usage, and other additional services. Sales tax varies by jurisdiction of purchase or rental and may be calculated based on full retail price or Vertical cost price, as determined by the tax law in the jurisdiction of purchase or rental. The customer must pay Rental Fees under the same pay schedule as their other Vertical Services. Vertical may require return of the Rental Device and payment of ETFs if the customer does not pay their Rental Fees in a timely manner.
4. 9 Early Termination Fees The minimum term of the Rental is 36 months. The customer agrees to pay the Rental Fees for, at least, this minimum term. If the customer terminates the Rental before this term is up( either by intent or by inaction such as failing to return a device requests or not paying Rental Fees in a timely basis), then Early Termination Fees( ETFs) will become immediately due. ETFs are equal to the https:// info. vertical. com/ vertical- 8x8- terms 6/ 9 Packet Pg. 58
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remaining monthly Rental Fees left until the thirty- six( 36) month minimum is complete. For example, if the customer terminates the Rental at 24 months, the total due for the remaining 12 months will constitute the ETFs and such fees will become immediately due. The customer agrees to pay these fees and authorizes Vertical to take all reasonable action to collect these fees and recover the Rental Devices.
4. 10 Adding Rental Devices Customers may add additional Rental Devices to their account. These Rental Devices will be subject to their own thirty- six( 36) month minimum term starting from the date of delivery to the customer' s premise. This minimum term may extend beyond the customer' s contract term for other Vertical Services. The customer is still expected to either pay out the minimum rental term or return the phones and pay ETFs as previously outlined in this agreement. When the minimum term has been reached, these phones will also become month to month and the customer may return the phones and terminate the agreement.
4. 11 Upgrading Rental Devices The customer may choose to upgrade their Rental Device. The replacement of the current Rental Device shall be deemed a termination of the current Rental with respect to the current Rental Device and be subject to the early termination provisions hereof, including the return and payment of any ETFs and other outstanding Vertical invoices. Vertical will provide a contract specifying the new Rental Fee for the new Rental Device. This new Rental will begin a new minimum term upon date of delivery. The existing Rental Device must be returned and meet all requirements of the Return of Rental Device section in this agreement.
4. 12 Rental Device Replacement During the term of the rental, Vertical will replace a phone that is certified by Vertical as non-operational. This includes partialfailures such as buttonsor a display not working. It does not cover cosmetic damage, loss, or theft of the product.To qualify for replacement the customer must be current on all Vertical invoices, a Vertical service ticket must have been opened, a Vertical tech must have certified that the Rental Device is non- operational, and the customer must ship the non- operational device to Vertical in accordance with the Return of Rental Device section of this agreement. Vertical will provide a functional replacement Rental Device. This may be the repaired Rental Device, or a Rental Device from Vertical' s stock. The same minimum term for the Rental still applies for this replacement Rental Device.
4. 16 Loss or Damage The customer is responsible for any loss or damage of the Rental Device. No such loss or damage will relieve you of your obligations under this Rental. The payment of remaining Rental Fees or ETFs is required to Terminate the Rental, as per Termination of the Rental. If the minimum term has been reached, on a lost or damaged Rental Device, then the customer will be required to pay Vertical the Replacement Cost.
4. 15 Rental Device Usage The customer will ensure that:( a) each Rental Device will only be used in a careful and proper manner and in accordance with the written instructions provided with it by Vertical, as may be updated by Vertical or the manufacturer of the Rental Device from time to time;( b) each Rental Device will be used with due care and will not be defaced, modified, or used or operated in any manner or for any purpose in violation of any federal, state, or local law or regulation;( c) each Rental Device must remain within the United States and may not be exported or re- exported to any country contrary to U.S. export laws;( d) any regulatory or certification markers affixed to a Rental Device may not be removed, defaced, or otherwise obstructed( this include the ownership label provided by Vertical which must be affixed to each Rental Device); and( e) each Rental Device will only be serviced or repaired subject to Vertical' s express written authorization and in accordance with Vertical' s instructions and requirements.
4. 16 Other Remedies If you are obligated to return a Rental Device or terminate the Rental before the minimum term has been reached and you have not paid ETFs and returned the Rental Device in good working order, then Vertical may, in addition to those remedies available at law, in equity, or as otherwise set forth in this Agreement, take possession of any or all Rental Devices without demand, notice, or legal process, wherever each Rental Device may be located, and you hereby waive any and all damages occasioned by that taking of possession.
5. LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTIES
5. 1 Limitation of Liability. We will not be liable for any delay or failure to provide the Service, including 911 Dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
An act or omission of an underlying carrier, service provider, Vertical or other third party Equipment, network or facility failure
Equipment, network or facility upgrade or modification
Force major events such as( but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions Equipment, network or facility shortage
Equipment or facility relocation
Service, equipment, network or facility failure caused by the loss of power to you Outage of, or blocking of ports or other impediment to usage of the Service caused by any third party Any act or omission by you or any person using the Service or Equipment provided to you Any other cause that is beyond our control, including, without limitation, a failure of or defect in any equipment, the failure of an incoming or outgoing communication, the inability of communications including, without limitation, 911 Dialing, to be connected or completed, or forwarded.
Our aggregate liability under this agreement will in no event exceed the Service charges with respect to the affected time period.
5. 2 Disclaimer of Liability for Damages. IN NO EVENT WILL VERTICAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR
AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICE TO YOU IN CONNECTION THE SERVICE BE LIABLE FOR
ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, OR FOR
ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF
DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH
OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES. THE MAXIMUM DAMAGES ALLOWED SHALL BE THE AMOUNT PAID BY CUSTOMER FOR ONE YEAR OF THE SERVICE AGREEMENT.
5. 3 Indemnification and Survival.
a) Indemnification. Except as it relates to breach of contract by Vertical, you shall defend, indemnify, and hold harmless Vertical, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses( including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of the Service, relating to the Service, including, without limitation, 911 Dialing, or the Equipment. b) Survival. The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.
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LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR
EQUIPMENT FOR A PARTICULAR PURPOSE, TITLE OR NON- INFRINGEMENT OR ANY WARRANTY ARISING
BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER' S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE OR EQUIPMENT
WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER VERTICAL NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER
SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICE, EQUIPMENT, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH
THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES
EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER' S DATA FILES,
PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR EQUIPMENT OR ANY OTHER
METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF VERTICAL' S OR ITS SERVICE PROVIDER' S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR EQUIPMENT, IF ANY, BY VERTICAL OR VERTICAL' S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND. WE WILL USE OUR
BEST EFFORTS TO PROVIDE DIRECTORY LISTING INFORMATION TOA DIRECTORY CONTAINING SUBSCRIBER LISTING INFORMATION SLI). WE SHALL NOT BE LIABLE FOR THE CONTENT OR ACCURACY OF ANY SLI( INCLUDING, BUT NOT LIMITED TO, A FAILURE BY ONE OR MORE DIRECTORIES TO" UN- PUBLISH" A NUMBER; ONE OR MORE DIRECTORIES PUBLISHING A WRONG NUMBER OR ONE OR MORE DIRECTORIES FAILING TO PUBLISH A LISTING) PROVIDED UNDER THIS AGREEMENT. YOU SHALL INDEMNIFY, HOLD
HARMLESS AND DEFEND US OR OUR SERVICE PROVIDERS FROM AND AGAINST ANY DAMAGES, LOSSES, LIABILITIES, DEMANDS,
CLAIMS, SUITS, JUDGEMENTS, COSTS AND EXPENSES( INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES AND
EXPENSES) ARISING FROM, OR RELATING TO, DIRECTORY LISTINGS AND/ OR RESULTING FROM OR ARISING OUT OF YOUR OR A THIRD PARTY' S CLAIM OF INACCURATE LISTINGS, FAILURE OF LISTINGS, INACCURATE USE OF THE SLI, OR FAILURE TO" UN- PUBLISH" A LISTING.
5.5 No Hardware Warranty. YOU ACKNOWLEDGE THAT VERTICAL ANY EQUIPMENT PROVIDED DOES NOT INCLUDE A SEPARATE HARDWARE WARRANTY PROVIDED AS PART OF THE CLOUD SERVICE. VERTICAL- BRANDED EQUIPMENT MAY HAVE A SEPARATE WARRANTY NOT COVERED BY THIS AGREEMENT. THIS AGREEMENT DOES NOT CHANGE OR ADD TO THAT WARRANTY IN ANY WAY.
FOR EQUIPMENT PROVIDED BY ALL OTHER MANUFACTURERS YOU AGREE TO LOOK EXCLUSIVELY TO THE ORIGINAL EQUIPMENT
MANUFACTURER OF SUCH HARDWARE AND EQUIPMENTS WITH RESPECT TO ANY WARRANTY OR OTHER CLAIMS RESPECTING SUCH HARDWARE AND EQUIPMENT.
5.6 No Third Party Beneficiaries. No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
5.7 Content. You will be liable for any and all liability that may arise out of the content transmitted by you or to any person, whether authorized or unauthorized, using your Service or equipment( each such person, a" User"). You shall assure that your and your User' s use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. We reserve the right to disconnect or suspend your Service and remove your or your Users' content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform with the requirements set forth in this Agreement or interferes with our ability to provide Service to you or others.
Our action or inaction under this Section will not constitute any review or approval of your or Users' use or content.
6. MISCELLANEOUS
6. 1 Entire Agreement. This Agreement, the Vertical Quote, and the Order Package you execute with Vertical, constitute the entire agreement between you and Vertical and govern your use of the Service, superseding any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. You may also be subject to the terms of Equipment Use Agreement( as defined in Section 3.3(d)) covering any finance agreement for equipment.
6.2 Severability. If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
6. 3 Privacy. Vertical' s Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications.
Vertical is not liable for any lack of privacy, which may be experienced with regard to the Service.
6. 4 Subcontractors. You understand, acknowledge, and agree that from time- to- time during the term of this Agreement, Vertical may, in its sole and absolute discretion, delegate performance of some or all of its rights and obligations hereunder to third parties selected by Vertical. You hereby consent to such subcontracting activity, provided that Vertical shall remain accountable to you for the performance of any such obligations.
6.5 Letter of Authorization. The undersigned Customer hereby appoints Vertical Communications, Inc, Inc.(" Vertical") as agent for Vertical to act as its authorized agent for all matters pertaining to the number( s) populated in the appropriate fields. This agency includes disconnections of service and other requests as deemed necessary by Vertical to implement the services ordered from Vertical, including but not limited to:( 1) securing information for activating, porting, disconnecting, editing and transferring service for Customer,( 2) securing information for the purposes of resolving technical issues for Customer,( 3) securing information for activating, removing, changing and editing Customer' s directory listings.
6.6 ARBITRATION/ CHOICE OF LAW: Any dispute which is in any way related to this agreement, or any action for damages or injunctive relief against Company, regardless of the facts or the legal theories which may be involved, shall be resolved by binding arbitration before the American Arbitration Association(" AAA") by a single arbitrator in accordance with the Commercial rules of AAA in effect at the time the arbitration proceeding is initiated. The arbitration hearing shall be held in Atlanta, Georgia or at such other location as the parties may agree in writing. The arbitrator shall prepare in writing an award which includes the legal and factual reasons for the decision. Any disputes under this Agreement shall be governed by the laws of the State of Delaware.
6. 7 Export Controls: Customer acknowledges that the export, import, and use of certain hardware, software, and technological data provided under this Agreement is regulated by the United States and other governments and agrees to comply with all applicable laws and regulations, including the U.S. Export Administration Act, the regulations promulgated thereunder by the U.S. Department of Commerce, and any other applicable laws or regulations such as those that prohibit certain services from being used in or accessed by a national of Cuba, Iran, North Korea, Sudan, Syria or any other sanctioned or embargoed country.
6.8 Force Majeure: Notwithstanding anything to the contrary herein, neither Party shall be considered in breach of this Agreement as the result of, or shall have any liability under this Agreement for, any failure or delay in the performance of such Party' s obligations under this Agreement that is caused by events beyond such Party' s reasonable control, including without limitation acts of God( including fire, flood, hurricane, earthquake and tsunami), riot, war, terrorism, government actions and intervention, embargoes, strikes, destruction of facilities, late or failed delivery by suppliers, unavailability of power or Internet services, or network or carrier issues,( a" Force Majeure"); provided that( a) the foregoing shall not apply to https:// info. vertical. com/ vertical- 8x8- terms 8/ 9 Packet Pg. 60
Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) 6/ 26/ 23, 1: 11 PM Vertical 8x8 Terms
either Party' s payment obligations under this Agreement and( b) the non- performing Party shall reasonably promptly provide notice to the other Party and keep the other Party updated and apprised on an ongoing basis of the nature and anticipated length of continuance of the Force Majeure and the non- performing Party' s efforts, plans, and ability to rectify such non- performance.
6. 9 Miscellaneous Terms:
i. INTENDED USE. You are purchasing the Service for business purposes. The Service will not be used primarily for personal, family, or household purposes.
ii. 911 SERVICE. If you purchase broadband access as part of the Service, you agree that without limiting the obligations assumed by you under, as well as the other qualifications, limitations, and restrictions imposed by, the General Terms, Vertical subcontractors are not responsible for managing 911 access.
iii. ACCEPTABLE USE POLICY. Vertical' s Acceptable Use Policy, which can be accessed and read on Vertical' s website, is incorporated herein by reference.
iv. EQUIPMENT AND HARDWARE. Under the terms of Vertical' s agreements with its subcontractors, only Equipment provided by the subcontractor has been approved for use with some elements of the Service. If you intend to use any equipment not provided by Vertical, such equipment must be approved by Vertical in advance. Vertical reserves the right to refuse or terminate Service if you are using equipment that has not been approved by Vertical or, if applicable, a Vertical subcontractor.
6. 9 Consent to use Electronic Signatures and Records: For your convenience, Vertical provides access to its Service online. This may require you to enter into agreements or receive notices electronically. As a result, you acknowledge and agree to the notices and agreements when you receive and read these notices. You agree to conduct electronically without limitation the particular transaction into which you entered including entering into this Agreement;
i. You have read and understand the electronic copy of electronic contracts, notices and records, without limitation including this Agreement, and any policies and any amendments;
ii. You agree to, and intend to be bound by, the terms of the particular transaction into which you thereby enter; Hi. You are capable of printing or storing a copy of electronic records of transactions into which you enter including, without limitation, this Agreement and any amendments hereto; and,
iv. You agree to receive electronically information about the Service and other electronic records into which you thereby enter including, without limitation, this Agreement.
6. 10 Interpretation: The parties agree that, before signing the Vertical quote and agreeing to this terms, each has had an opportunity( and is advised) to consult legal representation to assist it in interpreting and understanding the implications, duties, and potential liabilities that arise under this Agreement. Consequently, this Agreement shall not be construed more strongly as against one party versus the other.
Corporate Headquarters
Sales& Service
3140 De La Cruz Blvd Suite 110
1000 Holcomb Woods PKWY
Santa Clara, CA 95054 Bldg. 400, Suite 415v
408) 404- 1600
Roswell, GA 30076
770) 446- 3100
https:// info. vertical. com/ vertical- 8x8- terms 9/ 9 Packet Pg. 61
Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) 8x8 VIRTUAL OFFICE AND VIRTUAL CONTACT CENTER SERVICE TERMS FOR 8x8 RESELLER
CUSTOMERS
Last Updated: November 30, 2018
THESE TERMS SHOULD BE READ CAREFULLY, AS THEY AFFECT THE PARTIES' LEGAL RIGHTS BY, AMONG OTHER THINGS,
LIMITING RESELLER' S LIABILITY UNDER THE AGREEMENT
1. GENERAL
1. 1. Applicability and Scope. These 8x8 Virtual Office and Virtual Contact Center Service Terms for 8x8 Reseller Customers and all content expressly incorporated herein( these" Terms") apply to those customers of a reseller of 8x8, Inc. 8x8") that have agreed to or accepted these 8x8 Virtual Office and Virtual Contact Center Service Terms for 8x8 Reseller Customers in connection with ordering 8x8 Virtual Office and/ or 8x8 Virtual Contact Center services( such services( whether stand- alone, included in 8x8 Editions or 8x8 X Series, or otherwise bundled with other services), including all components thereof, the" 8x8 SaaS Services") from or through such reseller. For such customers, these Terms apply with respect to all 8x8 SaaS Services and Project Services( together, " Services") and Equipment ordered or provided under the Agreement( as defined below)( such Equipment, " Ordered Equipment"; such Services and equipment, together, " Ordered Products"). The 8x8 Virtual Office and Virtual Contact Center Regional Terms for 8x8 Reseller Customers included at the end hereof( the" Regional Terms") are a part of, and incorporated in, these Terms.
1. 2. The Agreement. On the first occasion that the legal entity in whose name Reseller agrees to provide Services Customer") performs any of the following acts, such entity thereby enters into a legally- binding contract with Reseller that shall govern all ordering, acquisition, accessing, and use of Ordered Products( the" Agreement"): ( a) entering into an order or other document that incorporates these 8x8 Virtual Office and Virtual Contact Center Service Terms for 8x8 Reseller Customers or otherwise agreeing to or accepting these 8x8 Virtual Office and Virtual Contact Center Service Terms for 8x8 Reseller Customers or( b) accessing or using any 8x8 SaaSServices after being notified that these 8x8 Virtual Office and Virtual Contact Center Service Terms for 8x8 Reseller Customers apply to such 8x8 SaaSServices or to such accessing or use thereof. The Agreement shall include all terms and conditions between Customer and Reseller( each a" Party" and together as the Parties") related to the ordering, acquisition, accessing, or use of Ordered Products( including without limitation these Terms) and all orders of 8x8 SaaS Services and/ or Equipment entered into or placed by or on behalf of Customer, each of which shall be subject to these Terms. For avoidance of doubt, any transaction, dealing, or relationship between the Parties— and any terms, conditions, documents, materials, or other content agreed to or entered into by, or otherwise applicable to, Customer and Reseller— that are unrelated to the Ordered Products or the ordering, acquisition, accessing, or use thereof( e.g., Customer' s ordering from Reseller goods or services other than the Services or Equipment)( each such transaction, document, etc., an" Extraneous Agreement") shall be outside of the scope of the Agreement, and these Terms shall not govern or apply to any such Extraneous Agreement.
The individual who agrees to or accepts these Terms represents and warrants to Reseller that he or she has the authority to bind Customer to the Agreement and enter into the Agreement on Customer' s behalf. IF SUCH INDIVIDUAL DOES NOT HAVE
SUCH AUTHORITY OR DOES NOT AGREE TO THESE TERMS, THEN HE/ SHE SHOULD NOT ACCEPT THESE TERMS, ENTER INTO ANY ORDER, OR ORDER, ACCESS, OR USE THE 8x8 SaaS SERVICES OR AUTHORIZE OR PERMIT ANY OTHER PERSON TO DO SO.
1. 3. Conflict. In respect of the Ordered Products and other matters within the scope of this Agreement, the Agreement shall take precedence and control in the event of any conflict or inconsistency with any Extraneous Agreement. In the event of any conflict between these Terms and any other component of the Agreement, these Terms shall take precedence and control.
1. 4. Relationships. Among Reseller, Customer, and 8x8. As a supplier of Reseller with respect to the 8x8 SaaSServices and Equipment, 8x8 and/ or its Affiliates may make available, provide, maintain, support, administer, and/ or implement the Ordered Products and/ or perform billing, collection, or other functions with respect to the Ordered Products and/ or the Agreement. Consequently, certain components or aspects of the 8x8 SaaSServices( including without limitation certain software applications available for download and/ or for use in connection therewith) and/ or Equipment may include the branding of 8x8 or its Affiliates, and certain provisions of these Terms or other components of the Agreement may refer or relate to 8x8, its Affiliates, or the products or services offered by them. Customer and Reseller acknowledge and agree that notwithstanding the foregoing, ( a) neither 8x8 nor any of its Affiliates are the service provider under the Agreement or otherwise in respect of any Ordered Products; rather, in entering into the Agreement, Customer is entering into a contract VO/ VCC Service Terms for Reseller Customers( SB— 11/ 30/ 2018) 1 Packet Pg. 62
Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) solely and exclusively with the non- 8x8 entity( ies) from/ through which it orders the Ordered Products(" Reseller"), and the Agreement is solely between Customer and Reseller and( b) in no event shall 8x8 or any of its Affiliates, by virtue of these Terms or the Agreement, or Customer' s ordering, acquisition, accessing, or use of Ordered Products, ( i) be or be deemed to be a party to the Agreement or( ii) have any obligation, liability, or responsibility to Customer or any other party( nor shall Customer or any other party have any right or remedy that may be enforced or asserted against 8x8 or any of its Affiliates by virtue of or under these Terms or the Agreement). Accordingly, Customer agrees that it shall look solely to Reseller for the fulfillment of any and all obligations owed to Customer, its Affiliates, and/ or other related parties under the Agreement and shall not seek to enforce the Agreement or assert or enforce their rights or remedies thereunder against 8x8 or its Affiliates.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER HEREBY RELEASES, DISCHARGES, AND HOLDS HARMLESS 8x8, ITS
AFFILIATES, AND THEIR RESPECTIVE PERSONNEL AND PARTNERS( OTHER THAN RESELLER) FROM AND AGAINST ANY AND ALL CLAIMS AND/ OR LIABILITY UNDER OR WITH RESPECT TO THE AGREEMENT AND/ OR THE ORDERED PRODUCTS.
1. 5. Applicability Throughout the Access Period. Customer agrees and acknowledges that the restrictions and requirements applicable to Customer under these Terms are intended to apply throughout the entire Effective Period and all other periods during which the 8x8 SaaSServices ordered under the Agreement(" Ordered 8x8 SaaS Services") are available, even if any such periods are subsequent to termination or expiration of the Agreement( the Effective Period and all such other periods, collectively, the" Access Period"). Accordingly, Customer agrees that it shall comply with such restrictions and requirements for the entire Access Period, and its obligations related to such restrictions and requirements shall survive any termination or expiration of the Agreement and continue to apply during any such periods.
2. 8x8 SaaS SERVICES
2. 1. Ordering 8x8 SaaS Services. Customer may order 8x8 SaaSServices under the Agreement, in each case by entering into a written order prepared by or on behalf of Reseller for the same with Reseller pursuant to the Agreement(" Orders").
Orders shall be:
a) deemed entered into by, and shall become effective and legally binding on, the Parties upon( i) execution by Customer or execution by both Parties if the Parties have agreed in writing that the foregoing shall be required for Orders to be effective) or( ii) completion by Customer of an electronic" click- through" or" click to accept" process of Reseller or its Partner and
b) coterminous with the Agreement( i. e., shall terminate, renew, and/ or expire at the same time as the Agreement, in accordance with Sections 11( Term and Renewal) and 12( Termination)).
Upon placement of an Order, the applicable Ordered 8x8 SaaS Services shall be provisioned, a tenant and account shall be automatically created for Customer, and Customer' s designated administrator shall receive email instructions and credentials necessary to access such Ordered 8x8 SaaSServices, assign lines and/ or seats to individual users, and otherwise enable Customer to access and use such Ordered 8x8 SaaS Services(" Provisioning").
2. 2. Reseller Responsibilities With Respect to 8x8 SaaS Services
2. 2. 1. 8x8 SaaS Services Availability. Reseller shall, itself or through one or more of its vendors, subcontractors, wholesalers, suppliers, or other service- providers( each, a" Partner" of Reseller) or Affiliates, make the Ordered 8x8 SaaS Services( which shall substantially conform to the applicable Documentation) available to Customer during the Effective Period as set forth in, and subject to the terms and conditions of, these Terms).
2.2. 2. Support of 8x8 SaaSServices. Reseller shall provide standard support for Ordered 8x8 SaaS Services during Reseller' s regular business hours( or such other hours agreed to in writing by the Parties) via those particular telephone numbers, email addresses, web chat interfaces, and/ or other support channels expressly specified by Reseller for such purpose the" Approved Support Channels").
2.2.3. 8x8 SaaSServices Pricing Commitment. Except to the extent otherwise expressly agreed in writing by the Parties, a) the Service Fee rates for Ordered 8x8 SaaSServices shall be as set forth in the applicable Order, and, during the Initial Term, Reseller may not increase any such rates,( b) after the Initial Term, Reseller may, at any time, increase such rates up to— but not in excess of— the then- current list price for the applicable Ordered 8x8 SaaS Services,( c) when Customer orders Ordered 8x8 SaaSServices for the first time in a country, such order shall establish the Service Fee rates that Reseller must offer for future Orders of the same Ordered 8x8 SaaSServices in that country, provided that such established rates shall increase in parallel with any rate increases under the immediately preceding clause( b), and( d) the initial Regulatory Fee rates for Ordered 8x8 SaaS Services shall be as set forth in the applicable Order.
VO/ VCC Service Terms for Reseller Customers( SB— 11/ 30/ 2018) 2 Packet Pg. 63
Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts)
2.2.4. Changesto Ordered 8x8 SaaSServices. Resellermay not changeOrdered 8x8 SaaSServicesin any way that materially reduces their overall functionality or security( based on customary usage in the United States(" US"), the United Kingdom, Australia, and Canada( the" Primary Market")), except with Customer' s written approval. Reseller may, however, make other changes or perform upgrades to Ordered 8x8 SaaS Services, provided that Reseller shall provide advance notification to Customer of any such change or upgrade if reasonably practicable or otherwise promptly thereafter.
2.2.5. Content and Data Protection. Reseller shall implement and maintain commercially reasonable administrative, physical, and technical safeguards to protect the content of all communications transmitted, received, and/ or stored through any Ordered 8x8 SaaSServices( Customer' s" Content") from unauthorized access and use. Customer shall remain the owner of its Content. The Parties acknowledge and agree that( a) Reseller' s and its Affiliates' and Partners' role with respect to Customer' s Content, if any, shall be that of a passive conduit and( b) neither Reseller nor any of its Affiliates or Partners shall be responsible for or have any involvement in determining or creating such Content or determining the recipients or destinations of any communications through Ordered 8x8 SaaSServices.
2. 3. Customer Responsibilities With Respect to 8x8 SaaS Services
2. 3. 1. Customer Subscription Commitment. AS A MATERIAL COMMITMENT UPON WHICH PRICING AND OTHER TERMS OF THE AGREEMENT ARE BASED, CUSTOMER SHALL BE OBLIGATED TO PAY( IN ACCORDANCE WITH SECTION 7( BILLING AND PAYMENT)) ALL SERVICE FEES, REGULATORY FEES, AND TAXES RELATED TO ORDERED 8x8 SaaS SERVICES FOR THE ENTIRE
PERIOD BEGINNING ON THE EFFECTIVE DATE OF CUSTOMER' S FIRST ORDER AND CONTINUING FOR THE NUMBER OF MONTHS IDENTIFIED THEREIN AS THE" TERM," " INITIAL TERM," OR SIMILAR PERIOD( OR, WHERE NO SUCH PERIOD IS SO IDENTIFIED, FOR THIRTY- SIX( 36) MONTHS) THEREAFTER)( THE" INITIAL TERM") AND EACH RENEWAL TERM( CUSTOMER' S" SUBSCRIPTION COMMITMENT"), provided that Customer may reduce in quantity or downgrade( e.g., to a tier with a lower Service Fee rate) Ordered 8x8 SaaSServices for the next renewal term by providing notice of the same to Reseller at least sixty( 60) days before the start of such renewal term(" Reduce" or a" Reduction").
2.3.2. Usage. Customer shall be responsible for, and shall pay in accordancewith Section 7( Billing and Payment),any applicable usage charges of the sort set forth at the time of such usage at www. 8x8. com/ terms- and- conditions/ usage.
2.3.3. Utilization of Approved Support Channels. In seeking technical and other support for Ordered Products in connection with the Agreement( or support related to the Agreement or Customer' s relationship with Reseller in connection therewith), Customer agrees to solely and exclusively utilize the Approved Support Channels. Without limiting the generality of the foregoing, Customer agrees not to contact 8x8 or any of its Affiliates directly in connection with seekingsuch support or otherwise in relation to the Agreement or the Ordered Products, except to the extent that a number, address, interface, or other channel of 8x8 or its Affiliate is an Approved Support Channel. Customer acknowledges and agrees that where 8x8 or its Affiliate is involved in providing such support, 8x8 and/ or its Affiliate will not provide support for any services or products other than the Ordered 8x8 SaaS Services or Ordered Equipment.
2.3.4. Use Policy Compliance. Customer accepts and agrees to the 8x8 Virtual Office and Virtual Contact Center Use Policy( available at https:// www. 8x8. com/ terms- and- conditions/ use- policy)( the" Use Policy")( which is incorporated herein) and shall fulfill all of its obligations, representations, warranties, and covenants thereunder. For avoidance of doubt, references in the Use Policy to" 8x8", the" 8x8 Parties"," SaaSServices", and" Ordered SaaSServices" shall respectively be deemed for purposes of these Terms to refer to Reseller, the Reseller Parties, 8x8 SaaS Services, and Ordered 8x8 SaaS Services. Customer shall provide to 8x8( in addition to Reseller) any notice that Customer is obligated to provide to Reseller under the Use Policy.
2.3.5. Registration Information. Customer shall be responsible for the accuracyand legality of all account, Agent, and registration information( including without limitation Customer' s legal name and payment information, Customer/ Agent contact information, and any personal data included therein)(" Registration Information") and the means of its acquisition.
2.3.6. Network Requirements. Customer shall be responsible for ensuring that all aspectsof the applicable network environment( s) adhere to the applicable standards and requirements specified in the Documentation and are configured appropriately to its proposed use of Ordered 8x8 SaaS Services.
2. 4. 8x8 SaaS Services Limitations. Customer acknowledges and agrees that( a) the Ordered 8x8 SaaS Services will not be uninterrupted, error- free, or available one- hundred percent( 100%) of the time( e.g., they may be unavailable during periods of planned or unplanned downtime and communications may not always be delivered to their intended destination or without loss of data),( b) a single log- in is provided for each 8x8 Virtual Office extension, and, except with respect to conference and other extensions specifically designed for conference or multi- party use(" Conference Extensions"), such log- in and extension is provided solely for useby a single Agent,( c) data transmitted or stored through the 8x8 SaaSServicesmay be VO/ VCC Service Terms for Reseller Customers( SB— 11/ 30/ 2018) 3 Packet Pg. 64
Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) exported therefrom by or on behalf of Customer, Agents, or other users in a variety of ways( including without limitation via third- party integrations, other features that interoperate with third- party offerings, or local or external download),( d) the 8x8 SaaSServices are not intended to and should not be used for back- up or long- term storage of data, and( e) Reseller shall not be responsible for any such exported data or any loss of such stored data. Use of 8x8 mobile applications may utilize underlying third- party cellular and/ or data services and thus may use such services' allotted units and/ or result in usage or other charges associated with such third- party services.
2. 5. Third- Party Offerings and Integrations. Customer' s relationship and dealings( including without limitation any collection or use of data) with providers of third- party offerings that interoperate with the 8x8 SaaSServices( e.g., third- party applications for which 8x8 SaaS Services integrations are available) or that are used in connection with the 8x8 SaaS Services e. g., broadband, MPLS, and equipment leasing services)(" Providers") shall in each case be governed by Customer' s agreement with the applicable Provider and shall be outside the scope of the Agreement. In no event shall Reseller be liable or responsible under any such agreement( unless Reseller has agreed in writing to be a party to such agreement). Except to the extent otherwise expressly agreed in writing by the Parties, Reseller shall have no liability or responsibility ( a) for any act or omission of any Provider or any operation of its offering( e.g., any accessing, modification, or deletion of data), regardless of whether Reseller, 8x8, or their Affiliates endorse, refer Customer to, approve of Customer' s use of, or agree to bill and/ or collect on behalf of such Provider or designate any such offering as" certified,"" approved,"" recommended," etc.,( b) for supporting any such third- party offering, or( c)( except as expressly set forth in an SOW) for ensuring the continued availability or operation of any such offering or any 8x8 SaaSServices integrations or other features designed to interoperate therewith, which such integrations or features may be discontinued at any time.
2. 6. Suspension and Restriction. In addition to Reseller' s other rights and remedies under the Agreement, Reseller may a) suspend some or all of the Ordered 8x8 SaaSServices where Reseller or its Partner reasonably determines that such suspension is necessary to avoid actual or likely harm or damages to, or liability for, any party or where Customer has breached the Agreement and/ or( b) place reasonable limitations or restrictions on the use of any Ordered 8x8 SaaSServices that are being used in violation of the Use Policy. Reseller shall notify Customer of any such suspension in advance thereof if reasonably practicable or promptly thereafter if such advance notification is not reasonably practicable. Except to the extent otherwise expressly agreed in writing by the Parties, none of the foregoing actions by Reseller or its Partners shall relieve Customer of any of its obligations under the Agreement, except that( except to the extent otherwise expressly agreed in writing by the Parties) Customer shall not be liable for any fees for any suspended Ordered 8x8 SaaSServices for the period of such suspension if not due to Customer' s breach of the Agreement.
3. EQUIPMENT
The provisions of Sections 3. 2( Equipment Pricing) through 3.4( Customer Responsibilities With Respect to Equipment) shall not apply to the extent otherwise expressly agreed in writing by the Parties.
3. 1. Ordering Equipment. To the extent that Reseller offers to resell to Customer equipment that Reseller has purchased from 8x8 for resale thereof( such resold equipment," Equipment"), Customer may order such Equipment from Reseller, in each case by entering into an Order. The pricing for Ordered Equipment shall be as set forth in the Order under which it was ordered. Customer shall be deemed the importer of Ordered Equipment for all purposes.
3. 2. Equipment Pricing. Equipment- related pricing, discounts, and promotions( e.g., free shipping) provided in an Order shall apply solely to the particular equipment ordered under that Order, and Reseller makes no commitment and shall have no obligation with respect to future pricing for or availability of equipment.
3. 3. Reseller Responsibilities With Respect to Equipment. Reseller shall, itself or through its Affiliates or Partners, provide the Ordered Equipment to Customer and pass through to Customer a twelve-( 12-) month warranty( or an extended warranty if permitted by the manufacturer) therefor. Customer may return any defective Ordered Equipment covered by warranty by obtaining a return authorization number from Reseller and thereafter returning the Ordered Equipment in its original packaging or equivalent to the address specified by Reseller, in which case Reseller shall replace the Ordered Equipment at no charge and pay the reasonable associated shipping costs.
3. 4. Customer Responsibilities With Respect to Equipment. Customer shall, in accordance with Section 7( Billing and Payment), pay for all Ordered Equipment at the pricing set forth in the applicable Order and for all shipping and related charges. All shipments of Ordered Equipment shall be F.C.A.( free carrier), and title and risk of loss or damage shall pass to Customer upon delivery to the carrier. Customer shall be responsible for all lost, stolen, or broken equipment( except to the extent covered by warranty), and for ensuring that any externally- acquired equipment used with Ordered 8x8 SaaSServices is in reasonable working condition and configured in accordance with 8x8' s and Reseller' s technical requirements.
VO/ VCC Service Terms for Reseller Customers( SB— 11/ 30/ 2018) 4 Packet Pg. 65
Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts)
4. PROJECT SERVICES.
The provisions of this Section 4( Project Services) shall not apply to the extent otherwise expressly agreed in writing by the Parties. Reseller may from time to time, in each case in its sole discretion, offer to perform work for Customer related to the configuration or customization of Ordered 8x8 SaaSServices, network assessments, Agent training, or similar work or services Project Services"). Customer may order Project Services under the Agreement(" Ordered Project Services"), in each case by entering into( via execution or completion by Customer of an electronic" click- through" or" click to accept" process of Reseller or its Partner) an Order and/ or a written statement of work or similar document for the same with Reseller( an" SOW").
Reseller shall, itself or through its Affiliates or Partners, perform the Ordered Project Services in a professional and workmanlike manner, with reasonable skill and care, and in accordance with the terms of the applicable SOW( which shall set forth the other terms related to the Ordered Project Services ordered thereunder), provided that Customer' s sole and exclusive remedies for Reseller' s breach of this sentence shall be as set forth in the applicable SOW. Customer shall pay all fees and other amounts set forth in the applicable Order and/ or SOW for Ordered Project Services, in accordance with Section 7( Billing and Payment) and any other terms set forth in such SOW. Customer acknowledges and agrees that Reseller makes no commitment and shall have no obligation with respect to future pricing for or availability of Project Services.
5. ORDERS AND PARTY AFFILIATES; RESELLER SUBCONTRACTING Reseller may, in each case in its sole discretion,( a) permit an Affiliate of Customer to order Ordered Products, in which case, with respect to such orders,( i) references to" Customer" in the Agreement shall be deemed to include such Customer Affiliate as well as Customer) and ( ii) Customer shall remain fully, including jointly and severally, liable under the Agreement, ( b) except to the extent otherwise expressly agreed in writing by the Parties, designate a Reseller Affiliate to enter into one or more Orders or SOWs with Customer, in which case, with respect to such Orders or SOWs,( 1) the Agreement' s references to Reseller" shall include such Reseller Affiliate( as well as Reseller)( provided that the Reseller Affiliate shall be deemed to be the service provider under such Orders or SOWS) and ( 2) Reseller shall remain fully, including jointly and severally, liable under the Agreement, and/ or( c) subcontract for the performance of Reseller' s obligations under the Agreement, provided that Reseller shall remain responsible for performance of such obligations and for such subcontractors' actions or omissions of in performing such obligations.
6. TAXES
The provisions of this Section 6( Taxes) shall not apply to the extent otherwise expressly agreed in writing by the Parties.
Customer shall be liable and responsible for, and shall pay in accordance with Section 7( Billing and Payment), all taxes, levies, imports, exports, customs, duties, charges, fees or similar governmental assessments, including value- added tax, sales, use, withholding, public utility, or universal service taxes or fees, and emergency services surcharges( i.e., 911, E911, 999, etc.) that Reseller or its Partner reasonably believes to be assessed or assessable by any governmental, fiscal, or other authority, or recoverable by Reseller or its Partners, in respect of Ordered Products, other than those assessable against Reseller based solely on its income( collectively," Taxes"). Any Taxes set forth in the Agreement or any quote shall be solely non- binding estimates. Any such estimates set forth in a quote or Order shall be calculated by or on behalf of Reseller in good faith based on the service address( es) provided by Customer. In order to assert an exemption from any Tax, Customer must deliver to Reseller a valid tax exemption certificate authorized by the appropriate taxing authority, in which case Customer shall still be liable for any Taxes assessed prior to such delivery. To the extent required by Law, Customer may deduct amounts from its payment of Billed Amounts for or on account of any Tax and/ or withholding imposed by any governmental or fiscal authority, provided that Customer shall( a) provide notice of such requirement to Reseller at least thirty( 30) days prior to making the deduction,( b) furnish Reseller with receipts evidencing remittance of the deducted amounts, and( c) pay such additional amounts to Reseller, as applicable, as are necessary to ensure receipt by Reseller of the full amount that it would have received but for the deduction. Customer acknowledges and agrees that Reseller may not charge value- added, goods and services, or similar Taxes in certain jurisdictions( such as Australia) that permit reverse charge of such Taxes. Reseller shall account for and remit any such Taxes on Ordered Products in such jurisdictions.
7. BILLING AND PAYMENT
The provisions of this Section 7( Billing and Payment) shall not apply to the extent otherwise expressly agreed in writing by the Parties.
7. 1. Billing of Billed Amounts. Service Fees and other monthly- recurring charges shall start to be billed as of the effective date of the applicable Order. Except to the extent otherwise expressly agreed in writing by the Parties, such amounts VO/ vCC Service Terms for Reseller Customers( SB— 11/ 30/ 2018) 5 Packet Pg. 66
Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) shall be billed monthly, at or near the beginning of the applicable calendar month, provided that when Ordered 8x8 SaaS Services are ordered, Reseller may bill the first thirty( 30) days of such amounts for such Ordered 8x8 SaaS Services at or near the time of order. One- time Services charges, including Project Services fees, shall be incurred on the effective date of the applicable Order. Equipment- related charges shall be incurred upon shipment of the Equipment.
7. 2. Payment of Billed Amounts. Except as set forth in this Section 7. 2( Payment of Billed Amounts) and Section 6 Taxes), Customer shall pay all amounts billed to Customer by or on behalf of Reseller in respect of Ordered Products(" Billed Amounts") without counter- claim, set- off, withholding, or deduction of any sort. If Customer believes in good faith that a Billed Amount was not actually incurred under the Agreement( i.e., was overbilled), then Customer may dispute such Billed Amount by providing notice to Reseller within thirty( 30) days of the date of the first posting of the Billed Amount in the relevant account( where payment is not By Invoice) or the date of the first invoice in which the Billed Amount was invoiced where payment is By Invoice), which such notice must specify the particular Billed Amount( s) in dispute and the basis of the dispute in reasonable detail. Failure to so dispute a Billed Amount within such period shall constitute a complete and irrevocable waiver of Customer' s right to dispute such Billed Amount. If payment of a Billed Amount is By Invoice and Customer disputes such Billed Amount in good faith in accordance with this Section 7. 2( Payment of Billed Amounts), then Customer may, at its option, either( a) pay such Billed Amount expressly under protest or( b) withhold payment of such Billed Amount, in which case such Billed Amount, if( and only if) actually incurred under the Agreement( i.e., not actually overbilled), shall not become due until ten( 10) days after Reseller' s determination of the same( if such due date is later than the original due date for such amount). Delinquent Billed Amounts shall, beginning upon delinquency, accrue interest at the rate of the lesser of one- point- five percent( 1. 5%) per month or the maximum rate permitted by applicable law. All payments to Reseller or its Affiliate shall be non- refundable and non- creditable.
7. 3. Up- Front Payment. At all times during the Effective Period other than those periods for which payment of all Billed Amounts is By Invoice, Customer shall maintain on file with Reseller complete, accurate, and up- to- date information for at least one valid, working credit card or Customer account( sufficient to permit ACH withdrawals). Payment of all Billed Amounts other than those for which Reseller has agreed to payment By Invoice— shall be by charge to such credit card( s) or by ACH withdrawal from such account( s), at or near time of billing, and Customer hereby authorizes Reseller to make such charges or withdrawals. Where payment is by such charge or withdrawal,( a) Reseller shall post a statement of the Billed Amounts in the relevant account at or near the time of the first attempted charge or withdrawal and shall thereafter make commercially reasonable efforts to notify Customer by email and/ or telephone if the charge or withdrawal is not successful and( b) Billed Amounts shall be due within fourteen( 14) days of such posting.
7. 4. Payment by Invoice. To the extent agreed by Reseller, Customer may pay Billed Amounts by invoice, in which case payment of those Billed Amounts shall be( a) made by credit card, check, ACH, or wire transfer and( b) due within thirty( 30) days of invoice date( Net 30) ( payment" By Invoice"). Each such agreement shall be within Reseller' s sole discretion, but, once entered into, may not be revoked by Reseller, except upon the occurrence of event( s) that, in Reseller' s reasonable discretion, put Customer' s creditworthiness or solvency into question( which such events shall include without limitation Customer' s default on any of its financial obligations or a Solvency Event with respect to Customer or any entity that owns or controls it).
8. CHANGE IN TERMS
The provisions of these Terms may not be changed or amended in any way, except as follows:
a) The Parties may amend the provisions of these Terms as they apply to the Agreement by agreeing to do so in a written, legally- binding( on both Parties) amendment or similar document executed by both Parties that specifies the applicable amendments to these Terms and includes an express representation by Reseller that 8x8 has been notified and has expressly approved of such amendments as they apply to the Agreement. Any other attempt by Reseller and/ or Customer to change or amend these Terms shall be deemed null and void, and the purported change( s) or amendment( s) in question shall not apply to the Agreement. For clarity, where the Parties agree to such different or additional terms as expressly permitted by these Terms( e.g., where a provision of these Terms is qualified by" Except to the extent otherwise expressly agreed in writing by the Parties.. ."), such different or additional terms shall not be considered to be amendments" to these Terms for purposes of this clause( a). b) 8x8 may change or update these Terms as follows:
i) 8x8 may not change or update these Terms in any manner that would materially reduce Customer' s rights or benefits, or materially increase Customer' s obligations or liability, under the Agreement( a " Material Change")( i. e., any such change shall not apply to the Agreement), except where Reseller or 8x8 provides Customer with at least VO/ VCC Service Terms for Reseller Customers( S8— 11/ 30/ 2018) 6 Packet Pg. 67
Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) thirty( 30) days' advance notice of, and opportunity to object to, such change by 8x8. During such notice period, Customer shall havethe right to object to suchchangeby providing notice of such objection to both Resellerand 8x8. Where Customer provides a such notice of objection to both Reseller and 8x8 before the end of the applicable notice period, the change shall not take effect( i.e., shall not apply to the Agreement) during the then- current Initial Term or renewal term( each a" Term"), but shall take effect( i.e., shall begin applying to the Agreement) if and when the Agreement renews( i. e., on the first day of the Agreement' s next renewal term, if any). Where Customer fails to object to such a change by providing such a notice of objection to both Reseller and 8x8 before the end of the applicable notice period, the change shall take effect at the end of such notice period. ii) 8x8 may make changes or updates to these Terms that are not Material Changes by posting such changes to www. 8x8. com/ reseller- order- terms or this web page, which changes shall be effective upon such posting. For avoidance of doubt, the mere addition of Regional Terms for a new country or region shall not constitute a Material Change.
9. GENERAL REPRESENTATIONS AND WARRANTIES; WARRANTY DISCLAIMER Each Party represents and warrants that it is a bona fide business, has the power and authority to enter into and perform its obligations under the Agreement, and is not relying upon any statements, commitments, representations, or warranties other than those expressly set forth in the Agreement. Customer represents and warrants that its orders or purchases are not contingent on the delivery of any future functionality or feature. EXCEPTFOR THE WARRANTIES EXPRESSLYPROVIDED BY
RESELLER IN THE AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RESELLER MAKES NO
WARRANTIES AND DISCLAIMS ALL WARRANTIES IN RELATION TO THE SERVICES, EQUIPMENT, AND/ OR THE AGREEMENT,
WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, AND TITLE.
10. RIGHTS IN AND TO THE SERVICES AND FEEDBACK
To the maximum extent permitted by Law, all intellectual property and other rights, title, and interest in or to the Documentation or the Services and related software, applications, functionalities, APIs, tools, and interfaces( the" 8x8 Platform")— and all configuration designs, code, deliverables, and other work product produced or developed by Reseller, 8x8, or their Affiliates or Partners in the course of performing under the Agreement( except to the extent such work product embodies Customer' s pre- existing intellectual property)— shall remain with, and belong exclusively to, Reseller, 8x8, their Affiliates, and/ or their licensors. Customer hereby assigns to Reseller all intellectual property and other rights, title, and interest in or to any improvement, enhancement, recommendation, correction, or other feedback that Customer may provide to Reseller, 8x8, or their Affiliates relating to their operations or the Services or Equipment, and agrees that such parties shall be free to use, license, assign, and exploit any ideas, concepts, know- how, or techniques contained therein for any purpose without restriction or compensation.
11. TERM AND RENEWAL
The Agreement shall become effective on the date that the Parties enter into the Agreement and continue in full force and effect until the earlier of( a) the date terminated in accordance with Section 12. 1( Exclusive Termination Rights) and( b) the date of expiration as set forth in the next sentence( the" Effective Period"). At the end of each Term, the Agreement, if not earlier terminated in accordance with these Terms, shall:
i) expire if either Party has elected not to renew the Agreement via notice to the other Party( and, in the case of Customer' s non- renewal, notice to 8x8) at least thirty( 30) days prior to the end of such Term; ii) continue on a month- to- month basis( i.e., automatically renew for successive one-( 1-) calendar month renewal terms) if Customer has so elected via notice to Reseller and 8x8 at least thirty( 30) days prior to the end of such Term; or iii) automatically renew for a twelve-( 12-) month renewal term if neither of the foregoing applies.
12. TERMINATION
12. 1. Exclusive Termination Rights. The Agreement may be terminated:
a) by either Party with thirty( 30) days' notice to the other Party( and, in the case of termination by Customer, notice to 8x8) in the event of the other Party' s material breach of the Agreement( which shall include without limitation any Customer payment delinquency or Customer breach of the Use Policy) and, if such breach is reasonably capable of cure, failure to VO/ VCC Service Terms for Reseller Customers( SB— 11/ 30/ 2018) 7 Packet Pg. 68
Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) cure such breach within such notice period, provided that such cure requirement shall not apply with respect to a Customer payment delinquency where there has already been such a delinquency; b) immediately by either Party upon notice to the other Party where the other Party experiences a Solvency Event; c) by Reseller with thirty( 30) days' notice to Customer in the event that any 8x8 SaaSServices become subject to an actual or threatened Claim of infringement( an" Infringement Claim") and avoidance of the alleged infringement via procurement of a license or modification or replacement of the applicable 8x8 SaaSServices( either or both of which may be exercised by Reseller, at its sole option and expense, in the event of any Infringement Claim) is not commercially feasible; d) by Reseller with thirty( 30) days' notice to Customer in the event that Customer objects to any change to these Terms proposed or made by 8x8 under Section 8( Change in Terms); or e) by Reseller with thirty( 30) days' notice to Customer in the event that Reseller determines in good faith that such termination is necessary to comply with a law, regulation, or court or administrative order or ruling.
THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS SECTION 12( TERMINATION) STATES THE PARTIES' SOLE AND EXCLUSIVE RIGHTS TO TERMINATE THE AGREEMENT, AND THE AGREEMENT MAY NOT OTHERWISE BE TERMINATED BY EITHER PARTY.
12. 2. Effect of Termination. Upon any termination of the Agreement for any reason, subject to any continuing Customer financial obligations under the Agreement, all Orders and SOWs shall immediately terminate. In the event that the Agreement is terminated by Customer under and in accordance with clause( a) or( b)— or by Reseller under clause( c),( d), or( e)— of Section 12. 1( Exclusive Termination Rights), Customer shall be relieved of its Subscription Commitment for any post- termination period, and, except to the extent otherwise expressly agreed in writing by the Parties, Reseller shall refund any amounts un- used and pre- paid for Ordered 8x8 SaaS Services for any such period. For clarity, ( a) no other termination of the Agreement shall relieve Customer of such commitment( which shall survive any such termination) or entitle Customer to any refund and( b) in no event shall termination or expiration of the Agreement relieve Customer of its obligation to pay any amount incurred thereunder prior to such termination or expiration.
13. INDEMNIFICATION
Except to the extent otherwise expressly agreed in writing by the Parties, Reseller shall( a) defend Customer, its Affiliates, and their personnel( collectively, the" Customer Parties") from and against any Indemnified IP Claim threatened or brought against any of them by any third party and( b) indemnify and hold harmless the Customer Parties against any damages, attorneys' fees, defense costs, and other losses( collectively," Losses") payable by them pursuant to the adjudication or settlement of any Indemnified IP Claim. Customer shall( i) defend Reseller, its Affiliates, their Partners, and their personnel( collectively, the Reseller Parties") from and against any action, claim, demand, suit, investigation, inquiry, or proceeding( each a" Claim") threatened or brought against any of them by any third party that arises out of or results from Customer' s Content or any actual or alleged breach of the Agreement by Customer and( ii) indemnify and hold harmless the Reseller Parties against any Losses payable by any of them pursuant to the adjudication or settlement of any such Claim. An indemnified party shall ( 1) provide the indemnifying Party( and, where the indemnified party is a Customer Party, provide 8x8) prompt notice upon becoming aware of such a Claim,( 2) permit the indemnifying Party to have sole and exclusive control over the defense and settlement of any such Claim, if it elects, and( 3) provide reasonable assistance to the indemnifying Party in connection therewith; provided that the indemnifying Party shall not enter into any settlement agreement that would result in any payment or other obligation, or restriction on the business of, the indemnified party without its prior written consent.
14. EXCLUSIONS AND LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ( a) IN NO EVENT SHALL RESELLER BE LIABLE UNDER THE AGREEMENT FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR COVER DAMAGES; LOSS OF PROFITS, REVENUES, OR GOODWILL; OR LOSS OR INTERRUPTION OF BUSINESS, WHETHER FROM BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE AND( b) THE MAXIMUM LIABILITY
OF RESELLER UNDER THE AGREEMENT, WHETHER ARISING FROM A THEORY OR CLAIM OF BREACH OR REPUDIATION OF
CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, STATUTORY DUTY, OR OTHERWISE, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAYABLE UNDER THE AGREEMENT FOR THE TWELVE-( 12-) MONTH PERIOD PRECEDING THE
FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE, PROVIDED THAT WHERE THE PARTIES HAVE AGREEED TO A LOWER LIMITATION OF LIABILITY, SUCH LOWER LIMITATION WILL APPLY. THE FOREGOING EXCLUSION AND LIMITATION SHALL APPLY
REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND ON A CUMULATIVE( RATHER THAN PER- INCIDENT) BASIS. THE PARTIES AGREE THAT( i) THE FOREGOING EXCLUSION AND LIMITATION ARE INTENDED TO ALLOCATE RISK AMONG THE PARTIES VO/ VCC Service Terms for Reseller Customers( SB— 11/ 30/ 2018) 8 Packet Pg. 69
Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) UNDER THE AGREEMENT AND COMPRISE AN ESSENTIAL PART THEREOF,( ii) THE PARTIES RELIED ON SUCH EXCLUSION AND LIMITATION IN ENTERING INTO THE AGREEMENT, AND( iii) THE PRICING FOR THE ORDERED PRODUCTS WOULD HAVE BEEN SUBSTANTIALLY HIGHER IN THE ABSENCE OF SUCH EXCLUSION OR LIMITATION.
15. MISCELLANEOUS
15.1. Notices. Any notice to be provided under the Agreement shall be provided as follows:
a) to Customer— via any of the following methods: ( i) email to the email address specified by Customer in connection with its initial order of Services,( ii) personal service, overnight courier, or US certified mail( return receipt requested and postage prepaid)( collectively, " Delivery") to any postal address provided by Customer in connection with such order, or( iii) such additional method agreed to in writing by the Parties, b) to Reseller— via ( i) the method and to the address( es) specified for notices to Reseller in the Agreement or( ii) if no such method and address( es) are specified therein, via Delivery to the physical address specified for Reseller in connection with the first Order, and
c) to 8x8— via email to claims@8x8. com( for notices of Claims or termination) or notice@8x8. com ( for all other notices) or via Delivery to" 8x8, Inc., Attn: Customer Service, 2125 O' Nel Drive, San Jose, CA 95131".
Reseller or 8x8 may change any of its designated notice addresses via notice to Customer, and Customer may change any of its designated notice addresses via notice to both Reseller and 8x8. For avoidance of doubt, only 8x8 may change its designated notice address. Notices shall be deemed effective and received as follows: ( i) via Email— the first business day after the date sent( without any undeliverable notification being returned), ( ii) via Personal Service— the first business day after the date delivered to the noticed party,( iii) via Overnight Courier— the first business day after the date delivered to the overnight courier, and( iv) via US Certified Mail— the fifth( 5th) day after the date sent. Any notice or notification provided to Customer by 8x8 in accordance with this Section 15. 1( Notices) shall satisfy any requirement under these Terms for Reseller to provide that type of notice or notification( as applicable) to Customer.
15.2. Governing Law; Jurisdiction. The Agreement shall be governed by and construed in accordance with the laws of California, without regard to its choice or conflicts of law rules. Except to the extent otherwise expressly agreed in writing by the Parties, the Parties agree to submit to the jurisdiction of the state and federal courts within Santa Clara County, California which jurisdiction shall be exclusive if Customer is domiciled in the US) and waive any objection as to venue or inconvenient forum in such courts.
15.3. Force Majeure. Neither Party shall be considered in breach of, or have any liability under, the Agreement as the result of any failure or delay in such Party' s performance thereunder caused by events beyond such Party' s reasonable control, including without limitation act of God; fire, flood, hurricane, earthquake, tsunami, or other natural disaster; riot; war; terrorism; government action or intervention; embargo; strike; destruction of facilities; late or failed delivery by suppliers; unavailability of power or Internet services; or network or carrier issues, provided that the foregoing shall not apply to either Party' s payment obligations under the Agreement.
15.4. Entire Agreement; Amendment. The documents comprising the Agreement constitute the entire agreement between the Parties in respect of the Ordered Products and expressly supersede and replace any prior or contemporaneous agreements, written or oral, relating to thereto. The Agreement may not be amended, except via both Parties' execution of a written amendment thereto or as otherwise expressly provided in these Terms or the Agreement, provided that, for avoidance of doubt, these Terms may be amended only as set forth in Section 8( Change in Terms). In no event shall the terms of any purchase order or similar document delivered by or on behalf of Customer or its Affiliate to Reseller in connection with the Agreement( to which Reseller hereby objects) become part of, apply to, or modify or supersede the terms of the Agreement.
15.5. Severability. If anyprovision of the Agreement is deemed illegal, invalid, or unenforceable, in whole or in part, under applicable Law, the Agreement shall be deemed amended as and to the extent necessary to render its terms valid, enforceable under applicable Law, and, to the greatest extent possible, consistent with the Parties' original intent.
15.6. Waiver. Except to the extent expressly otherwise provided in these Terms,( a) either Party' s failure to exercise or enforce any right or remedy under the Agreement shall not constitute a waiver of such right or remedy and( b) no waiver of any right or remedy shall be enforceable against a Party unless in writing and otherwise conforming with these Terms.
15. 7. Assignment; Binding Effect. The Agreement shall be binding upon the Parties' heirs, successors, and permitted assigns. Customer may not assign the Agreement or assign its rights or delegate its obligations thereunder, in whole or in part, except( a)( to the extent in connection with a bona fide sale of Customer or substantially all of its assets to a third party) with ten( 10) days' prior notice to Reseller and 8x8 or( b) with Reseller' s prior express written consent. In connection with any such VO/ VCC Service Terms for Reseller Customers( SB— 11/ 30/ 2018) 9 Packet Pg. 70
Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) proposed or actual assignment or delegation by Customer, Customer shall provide such information and documentation concerning the assignee or delegee as Reseller might reasonably request, and Customer shall remain jointly liable for the obligations of such assignee or delegee. For the avoidance of doubt, Reseller may assign its rights and/ or delegate its obligations under the Agreement, in part or in full, to 8x8 or one or more of 8x8' s Affiliates.
15.8. No Third- Party Beneficiaries. Except as expressly stated in the Agreement, the Agreement is intended for the sole benefit of, and shall only be enforceable by, Customer and Reseller and their permitted assigns. Without limiting the foregoing, Reseller shall have no obligation or liability hereunder to any Agent or other end user of the Ordered 8x8 SaaS Services.
15. 9. Document Execution/ Acceptance. Use of DocuSign, or any other widely- used method of verifiable electronic signature and delivery, shall be a valid method of execution and/ or delivery of all documents under the Agreement. Any document or other content related to or proposed for addition to the Agreement that is prepared by Reseller or its Partner and sent to Customer for acceptance via completion of an electronic" click- through,"" click to accept," or similar process shall be deemed accepted and entered into by Customer upon Customer' s completion of such process.
15. 10. Interpretation. The headings in the documents comprising the Agreement are solely for the convenience of reference and shall not be given any effect in the construction or interpretation of thereof. References in the Agreement to a web address( URL) shall be deemed to include( a) any subpages that are accessible through one or a series of clearly- labelled hyperlinks and( b) such successor sites as may be designated by the owner or controller of the web site.
15. 11. Survival. Sections 1. 4( Relationships Among Reseller, Customer, and 8x8), 1. 5( Applicability Throughout the Access Period), 2. 3. 1( Customer Subscription Commitment), 13( Indemnification), and 14( Exclusions and Limitations of Liability) shall survive termination or expiration of the Agreement, as shall any other provision that by its nature is intended to so survive.
15. 12. Definitions. When used in these Terms, the following capitalized terms shall have the following meanings:
Affiliate"— an entity that directly/ indirectly controls or is controlled by or under common control with the applicable person.
Agent"— an individual authorized to use, administer, or perform actions with respect to Ordered 8x8 SaaS Services through Customer' s account( as an agent, administrator, or otherwise), as identified through a unique log- in.
Documentation"— user manuals and technical documentation related to the 8x8 SaaS Services posted to www. 8x8. com or otherwise made available by 8x8 to customers of 8x8 or its Resellers from time to time, but excluding marketing or promotional materials.
Indemnified IP Claim"— a Claim alleging that the 8x8 SaaSServices, as used in accordance with the Agreement and the Documentation, infringe any patent, trademark, or copyright enforceable under the laws of the Primary Market or the European Community, excluding any Claim based upon: ( a) the combination, operation, or use of 8x8 SaaSServices with any non- 8x8 product, device, service, or software; ( b) the alteration or modification of 8x8 SaaSServices other than by 8x8 or its authorized subcontractors; or( c) 8x8' s or its Partner' s alteration or modification of 8x8 SaaS Services at Customer' s request.
Party"— each of Reseller and Customer( together, the" Parties").
Regulatory Fees"— monthly fees( which are not Service Fees, Taxes, or government- imposed charges), including Emergency Services Fees( or E911 Service Fee in the US) and Regulatory Recovery Fees( in the US), charged by Reseller or its Affiliate for each number( including without limitation toll free and virtual numbers) associated with telephony Ordered 8x8 SaaSServices, to offset costs incurred by Reseller or its Affiliates or Partners in complying with inquiries from, and obligations imposed on them by, regulatory bodies and/ or governmental agencies.
Service Fees"— the base recurring fees for Ordered 8x8 SaaSServices.
Solvency Event"— a bankruptcy, reorganization, insolvency, or similar proceeding not dismissed within thirty( 30) days; dissolution; becoming insolvent or bankrupt; or the making of an assignment for the benefit of creditors.
VO/ VCC Service Terms for Reseller Customers( SB— 11/ 30/ 2018) 10 Packet Pg. 71
Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) 8x8 VIRTUAL OFFICE AND VIRTUAL CONTACT CENTER REGIONAL TERMS FOR 8x8 RESELLERCUSTOMERS
A. Applicability and Definitions. These 8x8 Virtual Office and Virtual Contact Center Regional Terms for Reseller Customers these" Regional Terms") shall apply solely with respect to Ordered Products provided to a Customer location( as identified by a physical address specified in the Agreement)( each a" Customer Location") in the US, Australia, or Canada, except to the extent that one or more particular countries or regions are expressly referenced with respect to a provision of these Regional Terms, in which case such provision shall apply solely with respect to Ordered Products, if any, provided to a Customer Location in the referenced country( ies) or region( s)). Capitalized terms used and not defined in these Regional Terms shall have the meanings assigned to them in the 8x8 Virtual Office and Virtual Contact Center Service Terms for 8x8 Reseller Customers into which they are incorporated( the" Terms").
B. Numbers and Porting. Subject to the following requirements and limitations, Reseller shall support number portability under applicable Law for Ordered 8x8 SaaSServices that involve telephone numbers( including codes) that are provided to Customer by Reseller or its Affiliate or Partner in connection with such Ordered 8x8 SaaS Services(" Reseller Numbers") or telephone numbers that are ported into Reseller or its Affiliate or Partner by Customer in connection with such Ordered 8x8 SaaS Services(" Ported- In Numbers"):
Availability of Porting— In the US and Canada, portability is dependent upon the cooperation of third parties not under the control of Reseller and applicable laws and regulations concerning the geographic relevance of local exchange area service, where applicable. Outside of the US and Canada, number portability may be unavailable( and thus Customer may not be able to port numbers into or out of Reseller or its Affiliate or Partner when transferring service to or from Reseller or its Affiliate) under certain circumstances( e.g., the absence of any porting agreement between Reseller or its relevant Partner and the relevant carrier).
Number Port- Ins— Where Customer wishes to port numbers in to Reseller or its Affiliate or Partner from another provider the" Donor Provider"), Customer authorizes Reseller and the relevant Affiliate( s) and Partner( s) to have the numbers routed by Reseller or such Affiliate( s) and Partner( s)( instead of the Donor Provider) and to forward appropriate details of Customer' s porting application.
Reseller Numbers— Reseller shall use commercially reasonable efforts to facilitate Customer' s retention of numbers assigned to the Ordered 8x8 SaaSServices during the Effective Period, provided that Reseller Numbers( a) may be changed with reasonable notice to Customer where Reseller or its Affiliate or Partner is so instructed by a regulator or determines in good faith that a third party has a valid claim to such Reseller Number( s) or that such change is required under applicable law and b) shall belong to Reseller or its Affiliate or Partner( as applicable), and not Customer, and Customer shall have no right to sell, dispose, transfer, or keep Reseller Numbers.
Number Port- Outs— Upon termination of the Agreement or a Reduction, Reseller shall, at Customer' s request, use commercially reasonable efforts to assist Customer to port out the relevant numbers( including both Reseller Numbers and Ported- In Numbers), provided that( a) outside of the US and Canada, Reseller shall have no obligation to port out any Reseller Number where such port out would require the porting out of a larger block of numbers and ( b) to the extent permitted by applicable law, and except to the extent otherwise expressly agreed in writing by the Parties, Reseller may charge, and if charged, Customer shall pay, a reasonable administrative fee for each number ported out or attempted to be ported out. Without limiting the foregoing, in the US,$ 5.00( USD) per number shall be considered a reasonable administrative fee for such actual or attempted port- outs.
Disclosure to Directory Services— Subject to any specific requirements in these Regional Terms, Customer consents to Reseller' s or its Affiliate' s or Partner' s disclosure of details of its and its Agents' numbers to organizations that wish to compile directories or directory enquiry services.
C. Emergency Calling Labels. In the US and Canada, Reseller or its Partner will provide Customer with warning labels regarding the limitations or unavailability of 911 emergency dialing. Customer agreesto place a label on or near each non-mobile telephone or other equipment through which Ordered 8x8 SaaSServices may be utilized or accessed. If additional labels are required, Customer shall request them from Reseller and 8x8.
D. Data Protection in Australia. Subject to the terms of the Agreement and except to the extent otherwise expressly agreed in writing by the Parties, Reseller will handle any" personal information", as defined in the Privacy Act 1988( Cth) as amended from time to time, that Customer submits to Reseller via any Ordered 8x8 SaaSServices provided to a Customer Location in Australia Australia Personal Information") only in accordance with Reseller' s privacy policy that applies to its customers of the 8x8 SaaS Services( the" Privacy Policy"), or as otherwise permitted or required by law. Reseller shall( a) take reasonable steps to protect VO/ VCC Service Terms for Reseller Customers( SB— 11/ 30/ 2018) 11 Packet Pg. 72
Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) Personal Information from misuse, interference, unauthorized access, modification, or disclosure and( b) not use Personal Information, except to provide the Services or Ordered Equipment or otherwise perform its obligations under the Agreement; as set forth in the Privacy Policy; or as otherwise permitted or required by law.
E. Reverse Charge of GST in Australia. Except to the extent otherwise expressly agreed in writing by the Parties, ( a) the prices set forth in the Agreement are exclusive of any goods and services tax( GST) payable by Customer, the Parties agree to account for Australian GST on Ordered Products provided to a Customer Location in Australia in accordance with the reverse charge provisions of Division 83 of the A New Tax System( Goods and Services Tax) Act 1999 and confirm that such Ordered Products are provided to Customer and not to a resident agent, and Reseller confirms that, in providing the Ordered Products, Reseller does not have a permanent establishment, nor does it provide the Ordered Products through an enterprise that it carries on, in Australia.
F. Data Protection in Canada. Except to the extent otherwise expressly agreed in writing by the Parties, to the extent that the Content, if any, that Customer sends, receives, or stores via Ordered 8x8 SaaS Services provided to a Customer Location in Canada includes" personal information" as defined under the Personal Information Protection and Electronic Documents Act 2000, c. 5) ( PIPEDA)(" Canada Personal Information"), Reseller shall use and disclose such Canada Personal Information solely a) for the purpose of fulfilling Reseller' s obligations or exercising Reseller' s rights under the Agreement( which shall, for clarity, include providing, supporting, or enhancing( e. g., performing quality control functions) the 8x8 SaaS Services), ( b) as approved in advance in writing by Customer,( c) in accordance with Customer' s instructions, or( d) for the purpose of complying with Laws, including without limitation in response to legal process. To the extent that Customer otherwise submits Canada Personal Information to Reseller via any Ordered 8x8 SaaS Services provided to a Customer Location in Canada, Reseller shall use and disclose such Canada Personal Information solely as set forth in the Privacy Policy.
VO/ VCC Service Terms for Reseller Customers( SB— 11/ 30/ 2018) 12 Packet Pg. 73
Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) 8x8 VIRTUAL OFFICE AND VIRTUAL CONTACT CENTER USE POLICY Last Updated: May 16, 2018
I. Definitions. Capitalized terms used and not defined herein shall have the meanings assigned to them in the document to which this 8x8 Virtual Office and Virtual Contact Center Use Policy( this" Policy") applies( the" Terms").
II. Scope of Customer Responsibility. Customer shall be responsible for ensuring compliance with this Policy by the parties spec- ified herein, and any violation of this Policy by any such party shall constitute and be considered a breach hereof by Customer itself. Without limiting the foregoing, Customer shall be responsible and liable for all accessing and/ or use of the Ordered SaaS Services or the 8x8 Platform by or on behalf of it, its Agents, or other users of Ordered SaaSServices, other than unauthorized activities resulting from the gross negligence or willful misconduct of 8x8 or its Affiliate or Partner(" Customer Use").
III. Determination of Requirements. Customer shall be solely responsible for determining and familiarizing itself with— and seeking its own legal counsel regarding— all United States, foreign, international, national, state, provincial, territorial, municipal, local, or other laws, regulations, codes, ordinances, treaties, conventions, writs, decrees, resolutions, promulgations, or court or administrative orders or rulings(" Laws"); contractual obligations; Foreign Requirements; network/ wireless carrier requirements; and industry- standard frameworks( such as the Mobile Marketing Association Guidelines in the case of texting) collectively," Requirements") that might apply to Customer Use or the use and/ or transport of Ordered Equipment, which such Requirements might include without limitation domestic and/ or foreign Laws relating to:
i) the import or export of goods, equipment, technologies, data, or other materials; ii) marketing, solicitation, business practices, or telecommunications or electronic communications( collectively," Marketing Laws"), such as the US Telephone Consumer Protection Act of 1991( the TCPA)( which significantly restricts telephone solicitations( i.e., telemarketing) and the use of automatic dialing systems, artificial or pre- recorded voice messages, SMS text messages, and facsimile communications) and Canada' s Anti- Spam Legislation( CASL); iii) privacy, or the security or protection of personal data or other categories of data(" Data Protection Laws"); and iv) surveillance; the monitoring or recording of conversations, communications, or other activities; or wiretapping Monitoring Laws"), which such Laws may require advance notice or consent for such activities and may be implicated by certain uses or features of the SaaSServices, such as Barge- Monitor- Whisper and Quality Management( which allows certain Agents to monitor other Agents' computer activities). 8x8 shall have no obligation to provide legal advice of any kind to the Customer Parties, and the Customer Parties shall not treat or rely on any statements, communications, or materials of the 8x8 Parties as such.
IV. Use Outside of Primary Market. Because the SaaSServices are nomadic, they are potentially accessible from virtually anywhere in the world, including outside of the Primary Market. While the Terms do not prohibit Customer Use outside of the Primary Market, 8x8 makes no representations, warranties, or guarantees regarding the compliance of Customer Use with prohibitions or restrictions imposed by Law, carriers, ISPs, etc. outside of the Primary Market(" Foreign Requirements"), and Customer shall be solely responsible for ensuring compliance therewith, regardless of any consent by 8x8 or its Affiliate to such Customer Use.
V. Policy Requirements. Customer agrees, represents, warrants, and covenants the following:
a) Legal and Other Compliance— All Customer Use, and all use and transport of Ordered Equipment by or on behalf of Customer or its Affiliate in connection with the SaaSServices, shall comply with all applicable Requirements. b) Consents, Etc.— Customer has obtained all consents, licenses, rights, authorizations, and/ or permits and has provided all disclosures and notices/ notifications required ( including without limitation under Marketing, Data Protection, or Monitoring Laws) for or in connection with Customer Use or related to Registration Information or any personal data therein. c) Do- Not- Call List— To the extent that Customer Use might involve telemarketing, solicitation, or substantial outbound activities, Customer shall maintain and enforce an accurate, comprehensive, and up- to- date internal" do not call" list to prevent contacting parties that do not wish to receive further communications. d) No Resale— Ordered SaaS Services shall not be sold/ resold, leased/ subleased, licensed/ sublicensed, or otherwise made available to any other third party( other than an Affiliate of Customer), and all orders under the Agreement and all Customer Use shall be for Customer' s or its Affiliate' s own internal business use. e) Documentation— All Customer Use shall be consistent with the applicable Documentation. f) Order of Equipment— Customer shall order Ordered Equipment solely for use with Ordered SaaSServices.
VO/ VCC Service Terms for Reseller Customers( SB— 11/ 30/ 2018) 13 Packet Pg. 74
Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) g) No Bribery— Neither the Customer Parties nor any Agent or other user has received or been offered any bribe, kickback, or illegal or improper payment, gift, or thing of value from any 8x8 Party in connection with the Agreement or Ordered Products. h) Other Prohibited Uses and Activities— In no event shall Customer Use consist of, involve, promote, or facilitate any:
i) fraudulent, criminal, defamatory, harassing, unlawful, or tortious conduct or activity; ii) transmission of misleading or inaccurate caller ID information with the intent to defraud, cause harm, or wrongfully obtain anything of value;
iii) transmission, storage, or distribution of any virus, time bomb, Trojan horse, worm, malware, spyware, or similar programs, or files, code, or other materials containing any of the foregoing; iv) breach, violation, or infringement of any intellectual property, privacy or other right— or misappropriation of the property— of any party;
v) accessing or use of SaaSServices in or from a US embargoed country; vi) any conduct or activity that might cause 8x8 or any of its Affiliates or Partners to violate any Law. i) Export Control— At no point during the Effective Period or any subsequent period during which Customer, its Affiliates, and/ or the Agents or other users continue to have access to Ordered SaaS Services( the" Access Period") will any of the foregoing parties be named on any US government denied- party list. j) Reasonable Business Use— Ordered SaaSServices shall be used solely for reasonable business use, which, in the case of unlimited,"" Editions," or X Series plans, features, or functionalities, shall be limited to three times( 3X) the average monthly usage of the same SaaSServices by all customers of 8x8, Inc. k) Accurate Registration Information— All Registration Information shall be accurate, current, and complete at all times during the Access Period. Customer shall promptly update Registration Information as needed to ensure its accuracy and shall promptly verify any Registration Information upon reasonable request from 8x8.
I) Use With Supported Devices— All Customer Use( other than via an 8x8 desktop or mobile application) shall be via equipment then- listed as supported by 8x8 at www. 8x8. com/ CommunicationsSolutions/ Equipment(" Supported Devices") or approved in advance in writing by 8x8 for such Customer Use. Regardless of any such approval, 8x8 shall have no liability for or obligation to support such Customer Use with/ through any equipment that is not a Supported Device. m) Security of Ordered Products— Customer shall, during the entire Access Period,( i) implement and maintain reasonable and appropriate measures and safeguards to prevent unauthorized access to and/ or use of the Ordered SaaS Services and/ or the related account( s); data transmitted, received, or stored therein or therethrough; and any equipment used to access any of the foregoing and( ii) promptly provide notice to 8x8 of any such unauthorized access or use or other breach of any of the foregoing( including without limitation any loss or theft of such equipment) and provide such cooperation as 8x8 might reasonably request to address or prevent any such incident. Without limiting the foregoing, Customer shall( 1) instruct, train, and oversee all Agents as necessary to ensure that they( yy) choose robust password combinations, change their passwords regularly, and not disclose their passwords except to authorized 8x8 support agents and( zz) perform a " log off"/ exit from such accounts at the end of each session of access thereto and( 2) not modify the aforementioned equipment in any manner without 8x8' s prior express written consent. n) SaaS Services Updates and Security— Throughout the Access Period, Customer, its Affiliates accessing or using Ordered SaaSServices, and the Agents and other users shall( i) promptly install all upgrades, bug fixes, patches, and other corrections relating to the SaaS Services made available by or on behalf of 8x8 or its Affiliates or Partners and( ii) not take any action or omission that might reasonably be expected to( A) disrupt or compromise the integrity or security of any services, platforms, or networks of 8x8 or its Affiliates or Partners,( 8) cause material damage to 8x8, its Affiliates or Partners, or any customer of 8x8, its Affiliates, or any their Partners, or( C) compromise the privacy of any such customer. o) Emergency Services and High- Risk Applications— THE ORDERED SaaS SERVICES SHALL NOT— AND CUSTOMER UNDERSTANDS THAT THE SaaS SERVICES ARE NOT INTENDED TO— BE USED FOR, ANY APPLICATION( SUCH AS CARRYING AN
ALARM SIGNAL) WHERE FAILURE, INTERRUPTION, OR MALFUNCTION MAY REASONABLY BE ANTICIPATED TO RESULT IN BODILY INJURY, LOSS OF LIFE, OR SUBSTANTIAL DAMAGE TO PROPERTY. Customer shall inform Agents and other users and keep them apprised of any limitations of the SaaS Services with respect to contacting emergency services of which 8x8 or its Affiliates or Partners notify Customer.
p) Prohibited Acts— During the Access Period, neither the Customer Parties nor the Agents or other users shall:
VO/ VCC Service Terms for Reseller Customers( SB— 11/ 30/ 2018) 14 Packet Pg. 75
Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts) i) inspect, possess, use, copy, reverse engineer or attempt to discover the source code of any program or other component of the SaaS Services or 8x8 Platform or any source code used to create any such program or other component, except as expressly permitted by applicable law; ii) attempt to hack or gain unauthorized access to any network, environment, or system of 8x8, its Affiliates or Partners, or any customer of 8x8, its Affiliates, or their Partners; iii) access or use any SaaSServices in order to build a competitive product or for the primary purpose of monitoring its availability, performance, or functionality, or for benchmarking or competitive purposes; or iv) trunk or forward any extensions or numbers associated with the SaaSServices to a private branch exchange or key system or to other numbers that can process multiple calls simultaneously. q) Oversight of Agents— Customer shall( i) ensure that each 8x8 Virtual Office extension( other than Conference Extensions) and each log- in associated therewith is accessed and used solely by the Agent then- assigned to such extension,( ii) not designate as an Agent any individual over whom Customer lacks sufficient control( contractual or otherwise) to ensure compliance with this Policy or allow any such individual to access or use Ordered SaaSServices, and( iii) during the Access Period, instruct, oversee, and train the Agents, other users, and its workforce and Partners as necessary to ensure Customer' s compliance with this Policy.
VO/ VCC Service Terms for Reseller Customers( SB— 11/ 30/ 2018) 15 Packet Pg. 76
Attachment: ^C-9961 - Proposal - 2023 - Vertical Communications and 8x8 (4.3(a)--Request to Increase Vertical License Counts)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the following actions relative to the scope of work for implementation of the new Voice over Internet Protocol phone system:
(1) Approve contract with Vertical Communications to design, configure, and implement a new Voice over Internet Protocol phone system at the City of Redding; and (2) Adopt Resolution approving and adopting the 4th Amendment to Budget Resolution No. 2023-060 appropriating $ 291,160 from the Information Technology Department’s reserves for costs associated with the system.
Fiscal Impact
Initial onetime costs total $291,156.20 – a breakdown of these costs are as follows:
▪ Implementation/Installation cost $37,530.20
▪ Hardware cost $195,520.00
▪ Airport Crash Phone system equipment and install $39,321.00 ▪ Analog recording equipment for Power Plant $18,785.00
The annual costs for the VoIP phone system and the analog recording system total $125,711.60.
The City of Redding’s (City) Information Technology (IT) Department will utilize reserves to fund initial onetime costs. Th e annual costs for these services were budgeted as part of IT’s annual budget for fiscal years 2024-25 and 2025-26 and should not result in any additional fiscal impacts.
Alternative Action
The City Council could choose to not approve this contract wit h Vertical Communications and provide alternative direction to staff.
MEETING DATE: July 18, 2023
ITEM NO. 4.3(a)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 4.3(a)--Award of RFP No. 5363 and approve New VOIP System Contract Tony Van Boekel, Chief
Information Officer/IT
Director
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Attachment: ^July 18, 2023 Staff Report (4.3(a)--Request to Increase Vertical License Counts) Report to Redding City Council July 12, 2023
Re: 4.3(a)--Approve New VOIP System Contract Page 2
Background/Analysis
In 2014, the City completed a large project to update the previous analog phone system to an on - premise Cisco -based Voice over Internet Protocol (VoIP) system. This system provides voice communication services City -wide, covers nearly 1,000 staff members in a multitude of departments and locations, and is critical to day -to-day operations. The last update to the system was done in 2017; however, the equipment and sof tware of the current system are no longer supported and are beginning to show signs of failure.
On March 21, 2023, the City Council approved the issuance of a Request for Proposal (RFP) VoIP telephone software and hardware. A nationwide RFP was posted thr ough the City ’s Purchasing Department on March 22, 2023. Nine vendors responded to the RFP by the closing date of May 1, 2023.
Upon receiving the submittals, independent evaluations were conducted by seven subject matter experts following the required the City Purchasing Policy. Four of the highest-rated respondents were invited to in -person demonstrations and interviews . At the conclusion of the demonstrations, the City determined Vertical Communications and the 8x8 product would be the best solution to meet the City’s needs. This new cloud -based system will provide many new features the City does not currently have, as well as remove the need to continue to buy or upgrade on -premise equipment, outside of physical phones. This new system will allow for softphones as well which over time could reduce the cost of ongoing hardware support for physical phones.
Environmental Review
This is not a project defined under the California Environmental Quality Act, and no further action is required.
Council Priority/City Manager Goals
• This agenda item is a routine operational item.
Attachments
^Resolution
Vertical Communications Solution Proposal and Statement of Work Packet Pg. 367Packet Pg. 78
Attachment: ^July 18, 2023 Staff Report (4.3(a)--Request to Increase Vertical License Counts)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the City of Redding Fire Department to submit an application to the United States Department of Agriculture for the Community Wildfire Defense Grant in the amount of $4,600,000, to mitigate wildfire dangers and implement recommendations in the Community Wildfire Protection Plan.
Fiscal Impact
This Community Wildfire Defense Grant requires matching funds of 25 percent ($1.15 million).
However, the grant offers a “Cost-Share Waiver” for underserved communities and according to Community Wildfi re Defense website, the City of Redding (City) qualifies to have the match waived. If the match is not waived the match funds would be covered by in-kind staff services by City staff. The duration of the grant is five years.
If awarded, the grant would cover the full costs of four current City Parks Division employees, the current Fire Prevention Specialist position, 10 percent of wages for two current RPD Park Rangers and two current Fire Prevention Officers. Currently, considering the five-year term, the City would pay $6,446,747 for these positions. If the City does not receive a cost-share waiver, the 25 percent match of $1 .15 million would be paid “in kind” from the $6,4 46,747 employee costs.
If and when the Community Wildfire Defense grant is appro ved, acceptance of the grant will be presented to City Council (Council) for consideration including any staff impacts.
Alternative Action
The Council could choose not to authorize the Redding Fire Department (RFD) to apply for grant funding for all or part of the request.
MEETING DATE: February 18, 2025
ITEM NO. 4.8(a)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 4.8(a)--Authorize Application for Community Wildfire Defense Grant Jerrod Vanlandingham, Fire
Chief
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Report to Redding City Council February 12, 2025
Re: 4.8(a)--Authorize Application for Community Wildfire Defense Grant Page 2
Background/Analysis
On January 21, 2025 , the Council accepted the Community Wildfire Prevention Plan (CWPP).
By a ccepting the CWPP, R FD staff is now authorized to apply for grants for fuel mitigation projects that were previously una vailable to the Redding community. At this time, RFD has identified the 2025 Community Wildfire Defense Grant as the best potential grant available.
Currently, the Cit y is administering a wildfire grant to mitigate fuels in the Sulphur Creek Hill region. This region has been listed in the CWPP as a high priority fuel mitigation project area.
The current grant covers the cost of mitigating 300 -acres of City property and the wages of several City Parks Division employees.
RFD is requesting the Council’s ap proval to apply for the Community Wildfire Defense Grant.
This grant would augment the first grant’s project by adding an additional 700 -acres of City property, already identified in the CWPP . The scope of the grant is mitigating fuels, providing public education, and facilitating enforcement actions.
Fuel mitigation will follow the prescribed methods as outlined in the CWPP. Actions will include the thinning of understory vegetation and restoring properties to more fire -resilient landscapes. These mitigation efforts will also enhance fire suppression effectiveness by reducing available fuels to burn. Less fuel equals smaller fires and smaller probabilities that a fire would spread into the community.
Public education will cover defensible space, evacua tion procedures, and emergency preparedness. Education will primarily come from face -to-face opportunities at events and neighborhood meetings.
Enforcement actions would include but are not be limited to patrolling undeveloped lands that pose a fire risk to the community for illegal fires during north wind events or red flag conditions as defined on page 23 of the CWPP. Staff would also perform educational outreach to explain the dangers and consequences of illegal fires to those they encounter on their patrols.
Wildfire is a widespread public concern. Working with other departments to manage the City’s undeveloped land will demonstrate proper defensible space as identified in the CWPP.
Environmental Review
This is not a project defined under the Calif ornia Environmental Quality Act, and no further action is required.
Council Priority/City Manager Goals
• Public Safety – "Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding." • Budget and Financial Management – "Achieve balanced and stable10 —year Financial Plans for all funds."
• Government of the 21st Century – "Be relevant and proactive to the opportunities and challenges of today's residents and workforce. Anticipate the fu ture to make better decisions today."
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CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Approve and r atify submission of a California Office of Traffic Safety Selective Traffic Enforcement Program grant application in the amount of $433,741; and authorize the City Manager, or designee, to execute the grant agreement and all subsequent document s including administratively appropriating the funds, if the grant is awarded.
Fiscal Impact
This California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program grant does not require matching funds. There is no negative fiscal impact in accepting this grant.
Alternative Action
The City Council could choose not to ratify the grant application. The Redding Police Department (RPD) would lose the opportunity to focus addition al efforts toward traffic enforcement.
Background/Analysis
On January 30, 2025 , RPD submitted a proposal to the Office of Traffic Safety (OTS) for its 2025 funding year, which begins October 1, 2025. RPD requested funding for the Selective Traffic Enforc ement Program to hire a dedicated Driving Under the Influence ( DUI) Officer, increase traffic safety enforcement and to purchase a DUI trailer, in the amount of $433,741.
The DUI Officer will be dedicated to working DUI enforcement at night and during the weekends. The grant will fund overtime for the following traffic enforcement activities:
enforcing speed limits, deterring aggressive driving, conducting DUI checkpoints, saturation patrols, motorcycle enforcement, bicycle/pedestrian enforcement; and f unding for community outreach and education. Overtime funding has been requested for officers to provide education to MEETING DATE: February 18, 2025
ITEM NO. 4.9(a)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 4.9(a)--Ratify Office of Traffic Safety Grant Application and Authorize City Manager to Sign necessary documents, if grant is awarded Brian Barner, Chief of Police
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Report to Redding City Council February 11, 2025
Re: 4.9(a)--Ratify Office of Traffic Safety Grant Application Page 2
the citizens through RPD’s Citizen’s Academy and to hold “Coffee with a Cop” events. These operations will provide the opportunity for cit izens to interact with RPD and to have a better understanding of how traffic issues impact the community.
In addition, f unds have been requested for training, and checkpoint supplies as well as a new DUI trailer that is used for DUI checkpoints. The curr ent trailer was purchased in 2009 through OTS funding and due to its current condition, it needs to be replaced. This is a one -year grant lasting from October 1, 2025, through September 30, 2026.
Environmental Review
Ratifying the grant application is no t a project as defined by the California Environmental Quality Act, therefore, no further action is required at this time.
Council Priority/City Manager Goals
• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.”
Attachments
OTS 2025-26 Grant Application
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Application :: Page 1 of 25
Application Information
Application No: 26-006421
Application Type: STEP Agency (City or
County): Redding
Department
(Police
Dept, DA
Office, etc):
Redding Police
Department
Authorized
Representative: Brian Barner Additional Contact
Email: DUNS/SAM
Number: XL3JUNNVFLL9
DUNS/SAM
Expiration Date: 3/11/2025
DUNS/SAM
Registered
Address:
777 Cypress
Avenue
DUNS/SAM
City: Redding
DUNS/SAM ZIP+4: 96001-2718
Application Summary
Grants Made Easy Application Titles and Descriptions are pre-populated. For General Grants, provide the Application Title and Application Description.
Application Title:
Selective Traffic Enforcement Program (STEP)
Application Description:
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.
Problem Statement
Describe the problem(s) to be addressed utilizing current data, do not include state or national information.
1. Describe the city, county, or jurisdiction this grant will impact.
Problem Statement:
The City of Redding is not only the largest city in Shasta County, but also the largest city Packet Pg. 83
Attachment: OTS 2025-26 Grant Application (4.9(a)--Ratify Office of Traffic Safety Grant Application) Application :: Page 2 of 25
north of Sacrament. Redding enjoys many natural landscapes and serves as a gateway to outdoor recreation, offering a high quality of life for residents and visitors alike.
Redding is located along the Sacramento River and provides picturesque views of the Cascade and Klamath mountain ranges. Residents of Redding appreciate the four seasons that our climate provides, with hot, dry summers and mild, wet winters.
With a population of approximately 93,000 people, Redding is the primary urban center in Northern California, outside the Sacramento area. Redding serves as a hub for commerce, healthcare, and education, attracting people from smaller towns and rural areas throughout Shasta County and beyond. Despite its growth, the city maintains a strong sense of community and small-town charm, making it a desirable place to live. Its diverse economy is supported by key industries such as healthcare, retail, tourism, and public services, with a growing emphasis on renewable energy and outdoor-focused businesses.
Redding is known for its rich opportunities for recreation and its iconic landmarks. The Sundial Bridge spans the Sacramento River and doubles as a working sundial. Nearby, Turtle Bay Exploration Park offers cultural and educational experiences with its museum, arboretum, and wildlife exhibits. Shasta Dam, the second-largest dam in the United States, is a short drive away, providing breathtaking views and access to water sports and fishing at Shasta Lake. Shasta Lake is not only the largest reservoir in California, covering nearly 30,000 acres and over 365 miles of shoreline, but also one of the largest in the United States. The Whiskeytown National Recreation Area, with its pristine lake, waterfalls, and hiking trails, further adds to Redding's appeal as an outdoor destination.
The Lassen National Forrest offers residents and visitors alike the year-round opportunity to hike, backpack, camp, fish, and hunt in some of the area’s most notable locations, such as the Thousand Lakes Wilderness and the Caribou Wilderness. North of Redding is Mount Shasta, one of the most iconic and revered mountains in the United States. Rising over 14,000 feet into the clear sky, Mount Shasta is a destination location for climbing, hiking, skiing and snowboarding.
Transportation in Redding is convenient and accessible. The city is well-connected by Interstate 5, a major north-south highway, and Highway 44 and Highway 299, both of which are substantial east-west arteries. Redding offers additional travel options through its Amtrak station and Redding Municipal Airport. These transportation networks make Redding a key access point to Northern California's many attractions.
Community life in Redding is vibrant, with numerous events and activities that bring residents together. Annual traditions such as Kool April Nites, the Redding Rodeo, the Freedom Festival, Big Bike Weekend, the Lighted Christmas Parade and local festivals, and outdoor concerts celebrate the city's culture and heritage. The parks and trails throughout Redding provide countless opportunities for outdoor enthusiasts to explore its natural beauty.
Demographics
The median age in Redding is 39 years, which is slightly higher than the national average, reflecting the higher number of retirees who reside here. The population is fairly balanced in terms of gender, with slightly more females than males. Approximately 75% of the residents are white, with several other ethnic groups comprising the remaining approximate 25%.
Redding is relatively educated, with many residents holding high school diplomas.
Approximately 25% of the residents have earned bachelor degrees or higher, thanks to institutions like Shasta College and Simpson University. The world-renowned Bethel School of Ministry also calls Redding home and attracts visitors from around the world to study.
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Attachment: OTS 2025-26 Grant Application (4.9(a)--Ratify Office of Traffic Safety Grant Application) Application :: Page 3 of 25
The median household income in Redding is approximately $60,000, which is lower than the state average, but reflective of a much lower cost of living and home ownership, which is common among residents. Redding has a mix of long-time residents and newcomers, including retirees drawn by the city's natural beauty, outdoor recreation, and more relaxed pace of life. The community also includes younger families and professionals contributing to the city's evolving demographics. These demographics highlight Redding's diverse and dynamic population, which plays a vital role in shaping the city's culture and economy.
Redding Police Department
The Redding Police Department (RPD) is a full-service police department and serves as the primary law enforcement agency in Redding. Committed to community-oriented policing, the department works diligently to ensure the safety and security of its residents and visitors, while fostering strong relationships within the community. RPD provides a wide range of services, including patrol operations, traffic enforcement, criminal investigations, and community outreach programs. RPD is also involved in regional efforts, partnering with neighboring agencies for collaborative enforcement and emergency responses.
RPD is comprised of 114 sworn officers and 56 support staff. The traffic unit, which is responsible for carrying out the majority of OTS grant operations, is comprised of a sergeant, five motor officers, a DUI officer, and two Community Service Officers. The Traffic Sergeant and Management Analyst are responsible for managing the OTS grant.
RPD utilizes modern technology to enhance its operations, including body worn cameras, automated license plater readers, red-light cameras, and crime analysis software. This adds to RPD’s commitment to transparency and accountability.
RPD places a high priority on training its officers. This includes firearms, defensive tactics, crisis interventions, cultural competency, leadership development and SFST / ARIDE. The Department also participates in regional training exercises to ensure readiness in an emergency.
RPD is widely regarded as a professional and dedicated agency. Its officers are not only law enforcement professionals, but also active members of the community. RPD participates heavily in several events to educated the community. These events include Coffee with a Cop, Bicycle Rodeos, Car Seat Safety Presentations, and a Citizen Academy. The Department worked alongside community members and city leaders to develop the Department’s Strategic Plan which outlines several areas that need attention and set goals to positively affect these areas in our community.
2. Describe the problem(s) to be addressed, supported by current and relevant crash data. (most recent calendar year data/stats)
Problem Statement:
Redding's unique combination of natural beauty, outdoor recreation, and cultural attractions draws countless tourists and visitors to the community each year, making it a premier destination in Northern California. With world-renowned landmarks such as the Sundial Bridge, Lassen Volcanic National Park, Shasta Lake, and Mount Shasta nearby, Redding offers unparalleled opportunities for hiking, boating, fishing, and sightseeing.
Events such as the Redding Rodeo and, local music festivals, and Kool April Nites also contribute to the city’s vibrant appeal. This influx of visitors causes Redding’s population to swell significantly during all seasons, putting additional demand on local Packet Pg. 85
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infrastructure, roads, and public safety services. Many visitors and tourists contribute to the dangerous roadway conditions in Redding, whether it be unsafe driving practices or driving while impaired.
Traffic-related issues are a significant concern for the City of Redding, impacting public safety, mobility and overall quality of life. Like many cities experiencing growth, Redding faces challenges in managing traffic volumes, ensuring roadway safety, and addressing infrastructure needs.
A major traffic-related issue in this community is the incidents of driving under the influence (DUI). DUI contributes significantly to traffic collisions, injuries and fatalities.
While Redding is still seeing predominantly alcohol-related DUI incidents, drug-impaired driving incidents are on the rise. Some contributing factors are many individuals underestimate not only the risks of driving after consuming alcohol, but also underestimate their impairment. Redding also suffers from a lack of transportation alternatives, such as ridesharing options. This poses a challenge for individuals to find safe alternatives to driving after drinking. This year, RPD made 405 DUI arrests, opposed to 2023, where 345 arrests were made.
RPD has seen success with DUI / Driver’s License checkpoints and have had success with arresting drivers who are under the influence. More than that, checkpoints serve as an opportunity to educate the community on the dangers of driving under the influence, and also let the community know this is a priority. However, the equipment used is in disrepair. The DUI trailer is leaking in several locations, ruining the interior of the trailer.
The decals and badging on the trailer are outdated and does not grab the attention of the community, serving as a reminder to avoid driving after drinking. The on-board generator is constantly needing service to stay functioning.
With the growing homeless population in Redding, there has been an increase in the number of pedestrians and bicyclists involved in collisions with vehicles. Many individuals experiencing homelessness frequently travel on foot or by bicycle, often along busy streets or in areas with limited infrastructure for non-motorized traffic. This has led to safety concerns, as these vulnerable road users are at higher risk of being struck by vehicles.
Distracted driving, particularly due to the use of wireless devices, remains a pressing concern in Redding. Despite years of public education and awareness campaigns, many drivers continue to engage in distracting behaviors while operating a vehicle, significantly increasing the risk to public safety. Beyond wireless devices, drivers are often distracted by other activities such as eating, grooming, or adjusting in-car technologies, further compounding the issue. These distractions diminish reaction times and attention to the road, leading to preventable collisions and near-misses.
Community outreach is essential for RPD in fostering strong relationships with both young people and adults in the community. Education plays a significant role in preventing future traffic-related issues and promoting public safety. The department understands that addressing these concerns early is crucial for instilling lifelong safe habits in individuals. Events like and the Coffee with a Cop, ,bicycle rodeos Citizen are pivotal in engaging the community and spreading awareness aboutAcademy safety. These outreach initiatives are not only valuable for building trust and cooperation but also for shaping a culture of responsibility and safety, ensuring that Redding remains a safer place for everyone. Such efforts are integral to the department’s mission of fostering a well-informed, proactive community that values safety at every level.
By and large, many individuals arrested for DUI in Redding continue to pose a significant risk to public safety by driving while intoxicated, even after their initial arrest. These offenders often refuse to comply with court-mandated requirements and fail to appear for court proceedings. In many cases, they disregard judicial advisements, continuing to Packet Pg. 86
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drive despite having their driver’s license suspended. This persistent disregard for legal consequences highlights the challenges law enforcement faces in deterring repeat DUI offenses and underscores the need for enhanced monitoring, stricter penalties, and community education to address this ongoing threat to road safety.
Speed remains a significant contributing factor in traffic collisions throughout the City of Redding, leading to increased injury and fatality rates in a variety of incidents. Excessive speed not only escalates the severity of collisions but also compromises the safety of vulnerable road users, such as pedestrians and bicyclists. Particularly concerning are areas near schools, where speeding poses a heightened risk to children walking to and from school. These zones are critical for focused traffic enforcement and public awareness efforts to protect the youngest members of the community.
RPD currently utilizes seven Lidar units as the primary tool for enforcing speed-related violations across the community. These devices play a critical role in identifying and addressing speeding, helping to enhance road safety. However, six of these units are assigned exclusively to motor officers, limiting their availability to other officers who may also wish to assist in reducing speeding and improving safety throughout the city.
RPD has made progress in several crucial areas, but there are still several areas of concern that require focused attention and resources.
From grant cycle 2022-2023 to grant cycle 2023-2024, traffic fatalities in Redding decreased by 42.9%, dropping from 7 to 4. Notably, there was a 100% decrease in pedestrian fatalities (4 to 0), and there were no bicycle, motorcycle, or hit-and-run fatalities during this period. Nighttime fatalities also saw a significant reduction, decreasing by 50% (2 to 1). However, fatalities from alcohol, drug, and combined alcohol/drug-involved collisions remained unchanged at 2 each, indicating the need for continued efforts to combat impaired driving.
Despite the progress in reducing fatalities, traffic injuries increased overall by 10.4% (470 to 519). Of particular concern is the sharp rise in injuries from alcohol-involved collisions (up 207.1%, from 14 to 43), drug-involved collisions (up 283.3%, from 6 to 23), and combined alcohol/drug collisions (up 207.1%, from 14 to 43). Hit-and-run injury collisions also saw a significant increase of 109.5% (21 to 44), while nighttime injury collisions rose by 40.7% (27 to 38). Pedestrian injuries remained unchanged at 25, while Packet Pg. 87
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bicycle injuries increased by 12.5% (24 to 27). On a positive note, motorcycle collision injuries decreased significantly by 40.5% (37 to 22).
3. Define the target population the grant intends to serve and how they are affected by the problem(s).
Problem Statement:
The target population that the grant intends to serve is the City of Redding which serves as a regional hub for Northern California with a population of approximately 94,000 residents. As the largest city between Sacramento and the Oregon border, Redding experiences significant commuter traffic, a high volume of travelers along Interstate 5 and State Routes 44, 273, and 299, and increased roadway congestion due to tourism, recreation, and local economic activity.
Traffic safety remains a top priority for the Redding Police Department due to rising vehicle collisions, impaired driving incidents, excessive speed violations, and pedestrian-involved crashes. These issues pose a serious threat to public safety, particularly affecting families, commuters, pedestrians, cyclists, and school-aged children who navigate the city's roadways daily. Data trends indicate higher-than-average crash rates compared to similar-sized jurisdictions, underscoring the urgent need for targeted enforcement and educational initiatives to reduce traffic-related injuries and fatalities.
The STEP grant will provide the Redding Police Department with the resources necessary to enhance traffic enforcement, DUI enforcement and deterrence, distracted driving awareness, and pedestrian safety measures. By implementing proactive enforcement operations and public education campaigns, this funding will directly reduce dangerous driving behaviors, mitigate collision risks, and improve overall roadway safety for residents and visitors alike. The grant will also support collaboration with neighboring agencies to address traffic concerns regionally, ensuring a comprehensive and effective approach to traffic safety in Northern California.
Traffic Data Summary:
City Applicants: Complete the table below using the most current local data and update the 20XX years in the table (do not use the OTS Rankings or SWITRS).
County or State Applicants: Complete the table below using SWITRS data and update the 20XX years in the table.
Crash
Type 2022 2023 2024
Crashes Victims Crashes Victims Crashes Victims
Fatal 7 7 7 7 5 5
Injury 377 484 354 489 379 531
Fatal Injury Killed Injured Fatal Injury Killed Injured Fatal Injury Killed Injured Alcohol -
Involved 1 29 1 34 2 14 2 21 3 35 3 47
Hit & Run 0 24 0 26 0 23 0 25 2 36 2 45
Nighttime
(2100-0259
hours)
2 36 2 42 2 26 2 31 2 23 2 32
Top 3 Primary Crash Factors Fatal Injury Killed Injured #1 - 22350 VC Unsafe speed` 1 81 1 117
#2 - 21801(a)VC Failure to yield 0 30 0 49
#3 - 21804(a) VC Failure to yield traffic/highway ent. 0 24 0 37 Packet Pg. 88
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Proposed Solution
Equity:
RPD is deeply committed to promoting equity within the agency and throughout the community. Redding Police Officers are held to the highest standards, ensuring that they carry out their duties equitably and fairly. To support this commitment, officers are required to complete mandated training through California Peace Officer Standards and Training (POST). Additionally, RPD implemented a specific policy addressing Bias-Based Policing, reinforcing the importance of impartiality and fairness in all enforcement and policing efforts.
Accountability is a cornerstone of the department’s operations, and officers are expected to uphold these principles in every aspect of their work. This commitment extends to grant-funded operations, where officers are reminded of the Redding Police Department’s Bias-Based Policing policy and the critical importance of equitable enforcement. Through these measures, the Redding Police Department strives to build and maintain trust within the community while ensuring public safety for all.
Strategies:
General Traffic Enforcement Operations
Traffic safety remains a top priority as the Department works to reduce collisions, injuries, and fatalities on our roadways. While RPD recognizes the importance of focusing on specific issues, such as impaired and distracted driving, a broader approach to general traffic enforcement is essential to address the full spectrum of dangerous driving behaviors that contribute to traffic incidents. To support these efforts, we are requesting funding through the OTS grant to expand our general traffic enforcement operations.
Speeding, red-light violations, unsafe lane changes, and failure to yield are among the most common factors contributing to collisions. General traffic enforcement targets these behaviors, ensuring that all drivers adhere to the rules of the road and fostering safer conditions for motorists, cyclists, and pedestrians. Funding from Office of Traffic Safety would enable RPD to deploy additional resources, such as focused patrols and high-visibility enforcement, to address these issues more effectively.
General enforcements provide an opportunity to address the issue of speeding.
Speeding is one of the most significant contributing factors to traffic collisions, injuries, and fatalities in the community. RPD is dedicated to addressing this issue as part of our ongoing commitment to traffic safety. Despite current enforcement efforts, speed-related collisions continue to present a persistent challenge, particularly in areas with high traffic volume, school zones, and residential neighborhoods.
Enhanced speed enforcement will address community concerns about speeding in residential neighborhoods and near schools, where vulnerable populations such as children and pedestrians are most at risk. By increasing patrols in these areas, a safer Packet Pg. 89
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environment can be provided for residents while reinforcing public confidence in our commitment to their safety.
In addition to enforcement, general traffic operations provide opportunities for education.
By interacting with drivers during stops, officers can inform the public about safe driving practices and the consequences of dangerous behaviors, further encouraging voluntary compliance with traffic laws.
By addressing the full range of unsafe driving behaviors, these efforts contribute to a comprehensive traffic safety strategy. Moreover, data from previous enforcement initiatives shows that increased patrols and visibility lead to a measurable reduction in collisions and injuries, underscoring the importance of sustained general enforcement operations.
With STEP grant funding, RPD can expand its general traffic enforcement efforts, enhance public safety, and work toward achieving a safer roadway environment for everyone. This investment will allow us to address the diverse challenges of traffic safety while continuing to build a strong partnership with the community.
Full-time DUI Officer
RPD has seen substantial progress in addressing impaired driving through the deployment of a dedicated DUI officer funded by the STEP grant. Impaired driving remains one of the leading causes of traffic collisions, injuries, and fatalities in our community. With the addition of a dedicated officer, there has been significant increase in DUI arrests and enforcement activities, which have directly contributed to enhanced roadway safety. To sustain this momentum, we are requesting funding for an additional year to retain this vital position.
In the current grant year, the DUI officer has demonstrated exceptional results, including being on track to achieve 300 DUI arrests during this grant cycle. This represents a significant increase in enforcement productivity and has contributed to the removal of dangerous drivers from our roadways before they could cause harm.
Expanding this position for another year will allow the department to build on these successes. The DUI officer’s work has not only increased enforcement but has also enabled the department to focus on targeted education campaigns, outreach efforts, and high-visibility operations, all of which align with the goals of the STEP grant in reducing DUI-related collisions and fatalities. Retaining this dedicated officer for another year will allow the department to maintain its proactive stance against impaired driving and continue achieving measurable outcomes in traffic safety.
DUI Saturation Patrols
RPD is committed to combating impaired driving, which continues to be a significant public safety concern in our community. DUI-related collisions remain a leading cause of traffic injuries and fatalities, and despite ongoing enforcement efforts, the prevalence of impaired driving underscores the need for additional resources. To address this, RPD is requesting to maintain the current 25 operations.
The enforcement efforts have yielded measurable results, with 60 more DUI arrests made last year compared to the previous year. Additionally, the dedicated DUI officer is on track to achieve 300 DUI arrests this year alone, highlighting both the success of the current strategy and the persistent challenge of impaired driving in the area. With the maintenance or even expansion of these operations, RPD can build on this momentum by conducting more frequent and strategically deployed saturation patrols. These operations would focus on high-risk areas and times, such as weekends, holidays, and special events when DUI activity is statistically higher, ensuring a targeted and impactful approach to enforcement.
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Additional DUI saturation patrols will provide a highly visible police presence, serving as both a deterrent to impaired driving and a proactive means of removing impaired drivers from roadways. These expanded efforts would not only enhance enforcement efficiency but also demonstrate RPD’s commitment to traffic safety. Furthermore, this initiative aligns directly with RPD’s strategic goal of reducing traffic collisions and fatalities and supports the broader mission of OTS to improve roadway safety across California.
Given the success of the current efforts, including the remarkable performance of the DUI officer, RPD is well-positioned to maximize the impact of additional funding for saturation patrols. By investing in these operations, the number of impaired drivers on the roads will be further reduced and save lives.
DUI Checkpoints
DUI checkpoints are a proven and highly effective tool for reducing impaired driving and improving roadway safety. As part of RPD’s comprehensive traffic enforcement strategy, these operations serve both as a deterrent and a proactive measure to identify and remove impaired drivers before they can cause harm. To support and expand these efforts, funding is requested through the STEP grant to maintain the current number of DUI checkpoint operations.
Impaired driving remains one of the leading causes of traffic collisions, injuries, and fatalities in our community. DUI checkpoints play a critical role in addressing this issue by increasing public awareness, enhancing enforcement visibility, and reinforcing the consequences of impaired driving. These highly publicized and strategically placed operations deter potential offenders and educate the community on the dangers of driving under the influence.
Checkpoints are uniquely effective in reaching a broad audience. Unlike saturation patrols, which target impaired drivers on the road, checkpoints allow officers to engage with a higher volume of drivers, screening for signs of impairment and educating motorists about traffic safety laws. Additionally, these operations often result in the identification of other dangerous violations, such as driving without a license, further contributing to overall public safety.
RPD has seen success with previous checkpoint operations, with several impaired drivers being arrested and removed from the roadway. DUI checkpoints align directly with Office of Traffic Safety’s mission to reduce impaired driving and improve roadway safety. These operations not only reduce DUI-related collisions but also foster public trust by demonstrating the department’s commitment to proactive enforcement and community safety. By maintaining the current number of DUI checkpoint operations, we can continue to implement effective traffic safety initiatives that make a measurable difference in reducing DUI-related incidents in our community.
ARIDE, SFST, and DRE Training, as well as DRE and SFST Instructor Training.
RPD is committed to reducing impaired driving, which continues to be a leading cause of traffic collisions, injuries, and fatalities in our community. To further enhance our efforts in identifying and apprehending impaired drivers, it is imperative that RPD’s continues to train its young department in ARIDE (Advanced Roadside Impaired Driving Enforcement), SFST (Standardized Field Sobriety Testing), as well as DRE Instructor (Drug Recognition Expert Instructor) and SFST Instructor training.
SFST training is the foundation of DUI enforcement, providing officers with a scientifically validated method for assessing impairment at roadside stops. By mastering SFST, officers can accurately assess alcohol impairment and administer field sobriety tests in a standardized manner, leading to more reliable and legally sound DUI investigations. ARIDE training further complements this by equipping officers with Packet Pg. 91
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advanced skills to detect drug impairment, a growing concern in impaired driving. With drug impairment on the rise, officers trained in ARIDE can accurately differentiate between alcohol and drug-related impairment, enhancing the department’s ability to make comprehensive DUI arrests.
RPD is requesting to maintain the amount of officer requirements to train in SFST (8), ARIDE (8), and DRE (2). By training officers to become instructors in both DRE and SFST, RPD can build internal capacity to sustain and expand the impaired driving enforcement program and create buy-in among the ranks. These instructors will not only provide training to new recruits and current officers but also serve as mentors to ensure that all officers maintain high standards of proficiency in DUI enforcement. Having in-house instructors will significantly enhance the department’s ability to continuously improve its DUI enforcement capabilities while reducing the reliance on external training programs.
With the growing complexity of impaired driving, these skills are more critical than ever.
ARIDE, SFST, DRE Instructor, and SFST Instructor training will not only improve the detection and apprehension of impaired drivers but also ensure the long-term sustainability and effectiveness of our DUI enforcement efforts. This crucial training will help maintain high standards of enforcement and support long-term reductions in impaired driving-related crashes, injuries, and fatalities.
Bicycle and Pedestrian Operations
Bicycle and pedestrian safety continue to be a critical concern in the City of Redding.
With the growing number of individuals walking and bicycling, particularly in areas with heavy traffic, collisions involving these vulnerable road users are on the rise. In particular, areas near schools, major intersections, and commercial corridors experience a high volume of pedestrian and bicycle activity, increasing the likelihood of accidents caused by speeding, distracted driving, or failure to yield to pedestrians and bicyclists.
These incidents often result in severe injuries or fatalities due to the lack of physical protection for pedestrians and cyclists.
Additional operations through the STEP Grant would enable the RPD to dedicate resources to targeted enforcement operations aimed at reducing these collisions. The grant would allow officers to focus on areas with a history of pedestrian and bicycle collisions, enforcing traffic laws that protect these road users, such as yielding at crosswalks, obeying speed limits, and prohibiting distracted driving. Additionally, the grant would support public awareness campaigns to educate both drivers and pedestrians about safe practices, fostering a culture of mutual respect on the road.
By funding operations that address these critical issues, the STEP Grant would directly contribute to reducing injuries and fatalities, promoting safer mobility for all community members. Enhanced enforcement combined with education creates a deterrent effect, encouraging compliance with traffic laws and ultimately saving lives. This initiative aligns with the department’s mission to improve public safety and supports statewide goals to reduce traffic-related injuries and deaths.
Distracted Driving Operations
Distracted driving has become a pervasive threat to roadway safety, contributing to a significant number of traffic collisions, injuries, and fatalities each year. RPD is committed to addressing this issue as part of our broader traffic safety strategy. Despite existing enforcement efforts, the rise in distracted driving incidents—particularly those involving mobile device use—demonstrates a pressing need for additional resources. To combat this issue effectively, RPD is requesting an increase in this operation through the STEP Grant.
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Distracted driving poses a unique challenge due to its widespread nature and the difficulty of detection. With the prevalence of smartphones and other in-car distractions, drivers are increasingly engaging in behaviors that divert their attention from the road.
These behaviors significantly increase the likelihood of collisions, sometimes resulting in serious injuries or fatalities. Additional operations would allow the Redding Police Department to focus on high-risk areas and peak times where distracted driving is most prevalent, utilizing high-visibility enforcement and targeted strategies to reduce this dangerous behavior.
Funding to increase operations to address distracted driving would enable the department to increase public awareness through enforcement campaigns that highlight the dangers and consequences of distracted driving. High-profile operations, coupled with educational outreach, serve as both a deterrent and a tool for fostering long-term behavioral change among drivers. By incorporating these efforts into our broader traffic safety initiatives, we aim to reduce collisions and improve compliance with California’s hands-free driving laws.
With OTS funding, RPD can significantly enhance its efforts to combat distracted driving, increase public awareness, and create safer roadways for everyone. This investment will directly support the mission to reduce preventable collisions and save lives.
Court Stings and Warrant Sweeps
RPD seeks to address ongoing safety concerns associated with individuals who continue to drive unlawfully despite having outstanding warrants or suspended driver’s licenses. These offenders often pose a significant risk to public safety, as their willingness to disregard legal requirements suggests a propensity for other unsafe or illegal driving behaviors. Addressing this issue is critical to reducing traffic-related injuries and fatalities in the community.
The maintenance of the current number of operations through the STEP Grant would enable RPD to conduct targeted warrant sweeps and suspended driver’s license court stings, focusing on individuals with a history of DUI, habitual traffic offenses, or other dangerous driving-related violations. These operations are essential in holding offenders accountable, deterring repeat offenses, and ensuring that high-risk drivers are removed from the roads. By dedicating resources to these enforcement efforts, the department can proactively prevent potential collisions and enhance overall traffic safety.
The grant funding would also support public awareness initiatives to educate the community on the consequences of driving with a suspended license or failing to appear in court for traffic-related offenses. These educational efforts, combined with enforcement, create a strong deterrent effect, encouraging compliance with court orders and traffic laws.
Through these warrant sweeps and court stings, RPD aims to reduce repeat offenses, improve accountability, and promote a safer driving environment for all residents. This initiative aligns with statewide goals to reduce traffic injuries and fatalities and directly supports the department’s mission to enhance public safety through strategic and proactive enforcement.
Collaborative DUI Enforcement and General Traffic Enforcement The City of Redding serves as the central hub of Shasta County, with significant traffic volume flowing through its streets daily. This makes it a critical focal point for addressing regional traffic safety concerns. Collaborative DUI checkpoints, DUI enforcement, and general traffic enforcement efforts between the Redding Police Department, Anderson Police Department, Shasta County Sheriff's Department, and California Highway Patrol (CHP) are vital for tackling these issues effectively. Driving under the influence (DUI) Packet Pg. 93
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continues to be a leading cause of traffic-related injuries and fatalities, and a unified, collaborative approach allows law enforcement to amplify its impact by sharing resources and expertise.
With funding from the STEP Grant, these partnerships would support high-visibility DUI checkpoints and roving patrols, proven strategies for deterring impaired driving. A collaborative approach means enforcement efforts are not confined by jurisdictional boundaries, allowing agencies to address traffic issues across the region, including those impacting Redding’s neighboring communities. This regional strategy ensures that no area is overlooked, ultimately benefiting everyone as it reduces collisions and enhances public safety throughout Shasta County.
The grant would also support joint enforcement efforts targeting primary collision factors such as speeding, distracted driving, and failure to yield in high-collision areas shared between jurisdictions. By working together, the involved agencies maximize their resources and broaden their coverage, making the roadways safer for all. As the hub of the county, Redding plays a critical role in these efforts, and the collaborative approach ensures that safety improvements extend beyond individual cities and into the broader region.
Through these coordinated operations, the STEP Grant would enable the Redding Police Department and its partner agencies to address traffic safety concerns comprehensively. This approach not only saves lives but also reinforces public trust, demonstrating that regional cooperation leads to safer streets for all residents of Shasta County. A collaborative effort means everyone wins, as it allows agencies to tackle issues that impact the community as a whole, regardless of geographical boundaries.
New DUI Checkpoint Trailer
RPD is committed to enhancing impaired driving enforcement and ensuring the safety of the community by reducing DUI-related collisions, injuries, and fatalities. A critical component of the DUI enforcement strategy involves the use of mobile DUI checkpoints. To increase operational efficiency and improve the safety and effectiveness of these efforts, funding in the amount of $46,580 is requested through the Office of Traffic Safety to acquire a new DUI trailer.
The existing DUI checkpoint trailer was purchased in 2009 with funds provided by OTS. The current trailer is outdated and in disrepair, with several issues including leaks and mechanical damage. A new DUI trailer would provide a fully functional, mobile platform for DUI enforcement.
The trailer would hold all of the necessary equipment and signage required to successfully execute a DUI checkpoint and provide for more efficiently and safely.
In addition to enhancing DUI enforcement, the new trailer will also serve as a valuable resource for community education. It can be used at public events, school programs, and outreach campaigns to engage the community in conversations about the dangers of impaired driving.
The trailer will be wrapped and standout as a reminder to the community of the dangers of impaired driving. It will also provide an ideal space to distribute educational materials, host demonstrations, and offer hands-on learning opportunities to raise awareness and encourage responsible driving. These educational initiatives will help reinforce the importance of safe driving habits and create a positive impact on public safety through proactive prevention efforts.
RPD, the largest law enforcement agency in Shasta County, plays a vital role in regional traffic safety efforts. Through collaborative partnerships, RPD regularly assists neighboring agencies with DUI checkpoints, enhancing enforcement and deterrence countywide. With the addition of a new DUI trailer, the department will further strengthen these operations by providing advanced equipment and logistical support, ensuring safer roadways and more effective impaired driving enforcement.
The trailer’s dual purpose—as both a tool for enforcement and community education—aligns directly with the department’s strategic goals of reducing impaired driving, increasing public Packet Pg. 94
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safety, and enhancing community engagement. By investing in a modern, fully equipped DUI trailer, the department will be better positioned to conduct more frequent and effective DUI operations, while also providing an avenue for continuous education and awareness outreach.
Additionally, the new trailer will improve our ability to collaborate with other agencies and departments, providing a versatile and portable solution for joint DUI enforcement operations and public safety outreach. It will ensure that we can continue to support the objectives of OTS and contribute to safer roadways in California.
Additional Lidar Devices
RPD is committed to reducing speed-related collisions, which remain a leading cause of traffic injuries and fatalities in our community. To enhance our ability to enforce speed limits and improve roadway safety, we are requesting funding through the OTS grant to purchase additional Lidar (Light Detection and Ranging) units.
Lidar technology provides officers with precise, single-vehicle speed detection capabilities, even in high-traffic areas where traditional radar systems may be less effective. The accuracy and reliability of Lidar units are critical for enforcing speed violations, particularly in areas where speeding is a significant contributing factor to collisions, such as school zones, residential neighborhoods, and high-speed roadways.
RPD currently has a limited number of Lidar units, which constrains our ability to deploy officers effectively for speed enforcement across the city. By acquiring additional Lidar units, RPD can expand the scope of speed enforcement operations, allowing for simultaneous deployments in multiple areas with high traffic volume or frequent speeding complaints. This will not only increase the visibility of enforcement efforts but also act as a deterrent to drivers engaging in dangerous speeding behaviors.
Speeding is often a contributing factor in severe or fatal collisions, and the department’s recent traffic statistics highlight the importance of addressing speed-related incidents proactively.
Additional Lidar units will enable officers to better target problem areas, identify repeat offenders, and enforce speed limits more effectively, ultimately reducing the risk of speed-related collisions.
By securing funding for additional Lidar units through the STEP Grant, RPD will be better equipped to address speed-related traffic violations, improve roadway safety, and reduce collisions, injuries, and fatalities.
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Agency Qualifications:
Moving into the 2025-2026 grant cycle, the Redding Police Department is eager to continue its strong partnership with the California Office of Traffic Safety (OTS). This partnership has been instrumental in enhancing traffic safety within the community by funding critical enforcement operations, public education initiatives, and necessary equipment purchases. The department utilizes a dedicated Management Analyst and Traffic Sergeant to oversee and monitor the STEP Grant, ensuring that grant goals are met while efficiently managing grant funds. These resources allow the department to fund traffic enforcement overtime and acquire tools essential for effective traffic safety operations.
The commitment of Redding Police Department personnel, both sworn and non-sworn, has been a cornerstone of the department’s success in meeting, and often exceeding, grant objectives. This is accomplished alongside their regular duties and other overtime responsibilities, demonstrating the team’s dedication to improving roadway safety. The Traffic Sergeant plays a pivotal role in managing the grant, overseeing day-to-day operations, press releases, social media posts, and grant-related activities. Additionally, the sergeant coordinates with allied agencies, such as the Anderson Police Department, Shasta County Sheriff’s Office, California Highway Patrol, and nonprofit organizations, ensuring alignment with OTS goals. As the sergeant enters a second year managing the OTS grant, their experience, combined with targeted training, ensures the effective execution of grant initiatives.
The department’s Management Analyst brings over 25 years of experience working for the City of Redding, including extensive work managing various grants. Currently overseeing the 2024-2025 OTS STEP Grant, the analyst has attended multiple OTS grant meetings and is highly familiar with the expectations and requirements for grant management. This expertise ensures compliance and maximizes the impact of grant funding.
The Redding Police Department maintains a high standard of professionalism by conducting comprehensive background checks on all personnel and volunteers before they participate in any department activities. This rigorous process ensures that everyone involved in grant-related operations aligns with the department’s commitment to integrity and public trust.
The department looks forward to continuing its impactful collaboration with OTS in the upcoming grant cycle, furthering its mission to improve traffic safety and reduce collisions in the Redding community.
Community Collaboration and Engagement
Provide a description of the community collaboration and engagement activities that will be conducted and/or participated in by your department and addresses traffic safety. Community collaboration and engagement allows for the appropriate department personnel to engage in conversations to both share information and receive input from the community members regarding traffic safety.
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Attachment: OTS 2025-26 Grant Application (4.9(a)--Ratify Office of Traffic Safety Grant Application) Application :: Page 15 of 25
Community Collaboration and Engagement:
Community outreach and education are critical components of RPD’s efforts to reduce traffic-related injuries and fatalities. Educating the public about safe driving practices, the dangers of impaired and distracted driving, and the importance of obeying traffic laws is essential for fostering a culture of safety and accountability on Redding’s roadways.
Proactive education and outreach efforts allow law enforcement to engage directly with the community, creating trust and encouraging voluntary compliance with traffic laws before violations occur.
With STEP Grant funding, RPD would be able to provide the resources necessary to enhance outreach and education initiatives. These efforts include programs such as bicycle rodeos to teach children safe cycling habits, school presentations to address pedestrian safety, and community events like Coffee with a Cop that foster open communication between law enforcement and residents. Additionally, the funding would support educational campaigns targeting distracted driving, speeding, and DUI prevention, using social media, public service announcements, and direct community engagement to raise awareness about these critical issues.
By funding outreach and education, the STEP Grant would enable the department to address traffic safety issues at their root, influencing behavior and reducing the likelihood of future violations and collisions. These initiatives complement enforcement efforts, creating a well-rounded approach to public safety. Engaging the community through education not only saves lives but also strengthens the partnership between the Redding Police Department and the residents it serves, ensuring a safer, more informed community for everyone.
Packet Pg. 97
Attachment: OTS 2025-26 Grant Application (4.9(a)--Ratify Office of Traffic Safety Grant Application) Application :: Page 16 of 25
Goals
Description
Reduce the number of persons killed in traffic crashes.
Reduce the number of persons injured in traffic crashes.
Reduce the number of pedestrians killed in traffic crashes.
Reduce the number of pedestrians injured in traffic crashes.
Reduce the number of bicyclists killed in traffic crashes.
Reduce the number of bicyclists injured in traffic crashes.
Reduce the number of persons killed in alcohol-involved crashes.
Reduce the number of persons injured in alcohol-involved crashes.
Reduce the number of persons killed in drug-involved crashes.
Reduce the number of persons injured in drug-involved crashes.
Reduce the number of persons killed in alcohol/drug combo-involved crashes.
Reduce the number of persons injured in alcohol/drug combo-involved crashes.
Reduce the number of motorcyclists killed in traffic crashes.
Reduce the number of motorcyclists injured in traffic crashes.
Reduce hit & run fatal crashes.
Reduce hit & run injury crashes.
Reduce nighttime (2100 - 0259 hours) fatal crashes.
Reduce nighttime (2100 - 0259 hours) injury crashes.
Custom Description
Objectives
Included Target
Number Description
Yes 1
Issue a news release announcing the kick-off of the grant by December 31st. The kick-off news releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at , and copied to your OTS Coordinator, for approval 7 [email protected] prior to the issuance date of the release.
Yes 12
Participate and report data (as required) in the following campaigns; Quarter 1: National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
Packet Pg. 98
Attachment: OTS 2025-26 Grant Application (4.9(a)--Ratify Office of Traffic Safety Grant Application) Application :: Page 17 of 25
Yes 12
Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly.
Yes 8 Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training.
Yes 8 Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training.
Yes 1 Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed).
Yes 1 Send law enforcement personnel to the DRE Recertification training.
Yes 2 Send law enforcement personnel to SFST Instructor training.
No 0 Send law enforcement personnel to DRE Instructor training.
Yes 6
Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
Yes 30 Conduct DUI Saturation Patrol operation(s).
Yes 4 Conduct Court Sting operation(s) to cite individuals driving to and from the court after having their driver's license suspended or revoked.
Yes 2 Conduct Warrant Service operation(s) targeting multiple DUI offenders who fail to appear in court.
No 0 Conduct Stakeout operation(s) that employ law enforcement officers to observe repeat DUI offender probationers with suspended or revoked driver licenses.
Yes 30 Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
Yes 6 Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
No 0
Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers.
No 0 Conduct Nighttime (1800-0559) Click It or Ticket enforcement operation(s).
Yes 10
Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers.
Yes 2
Conduct Traffic Safety educational presentation(s) with an effort to reach community members.
Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
No 0 Conduct Know Your Limit campaigns with an effort to reach members of the community.
Yes 3 Participate in highly visible collaborative DUI Enforcement operations.
Yes 2 Participate in highly visible collaborative Traffic Enforcement operations.
Yes 2 Send law enforcement personnel to DUI Checkpoint Planning and Management training.
No 0 Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities.
No 0 Conduct Illegal Street Racing and Modified Vehicle training classes for law enforcement personnel.
Yes 1 Identify grant funded, straight time personnel. Include any vacancies or staff changes that have occurred. For any vacancies, include the status of filling the vacancy.
Packet Pg. 99
Attachment: OTS 2025-26 Grant Application (4.9(a)--Ratify Office of Traffic Safety Grant Application) Application :: Page 18 of 25
Yes 5
Participate in community collaboration and engagement activities to engage in conversations regarding traffic safety to both share information and receive input from the community members.
No 0
Utilize the oral fluid drug screening device at roadside to assist with identifying drug use during DUI investigations. Report on the use, accomplishments, or challenges associated with the use of the oral fluid drug screening device.
Yes 2 Send law enforcement personnel to a POST certified implicit bias training, such as; Implicit Bias and Community Policing, Principles Policing, or Beyond Bias.
Included Target Number Custom Description
Method of Procedure
Phase 1 - Program Preparation:
The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
Conduct all training needed to implement the program, in the first quarter.
Purchase all grant related supplies and materials to implement the program, in the first quarter.
Items with a unit cost of $5,000 more (including tax and shipping) must comply with Buy America.
In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.
Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.
Media Requirements
Issue a news release approved by the OTS PIO announcing the kick-off of the grant by December 31 and after the grant is signed and executed, but no sooner than October 1, the start of the grant year. The kick-off release must be approved by the OTS PIO. If you are unable to meet the December 31 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.
Phase 1 - Program Preparation Addendum:
Phase 2 - Program Operations:
Packet Pg. 100
Attachment: OTS 2025-26 Grant Application (4.9(a)--Ratify Office of Traffic Safety Grant Application) Application :: Page 19 of 25
Media Requirements
The following requirements are for all grant-related activities:
Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
Send all PowerPoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator.
Pre-approval is not required when using any OTS-supplied template for media advisories, news releases, social media graphics, videos or posts, or any other OTS-supplied educational material. However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a news release, educational material, or link to social media post.
If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator.
News releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are EXEMPT from the OTS PIO approval process. The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are EXEMPT from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with the embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.
Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval.
Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication.
Use the following standard language in all press, media, and printed materials, space permitting: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.
Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult the OTS PIO and copy your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.
Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event. If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant-related event or program. Media and program highlights are to be reflected in QPRs.
Any news releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website.
Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.
Packet Pg. 101
Attachment: OTS 2025-26 Grant Application (4.9(a)--Ratify Office of Traffic Safety Grant Application) Application :: Page 20 of 25
Phase 2 - Program Operations Addendum:
Phase 3 - Data Collection:
1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives.
Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
Collect, analyze and report statistical data relating to the grant goals and objectives.
Phase 3 - Data Collection Addendum:
Budget
Personnel Costs
Hourly Rates - When requesting hours for personnel, enter them as straight time or overtime (for Enforcement Overtime, please use section below) and include the amount of hours that they will spend on grant operations.
Example: Personnel getting paid 100% by the grant working a full year at $41.00 per hour would be entered as Straight time, 2080 Units, $41.00 Unit cost or Rate, and 100% Percent Paid by Grant. This gives a total of $85,280.00 for the year.
– If requesting benefits for personnel, enter all benefits as a separate line item for each. Start the Item NameBenefits with the word 'Benefits', enter the corresponding straight time or overtime total amount in the Unit Cost or Rate, and enter the Benefits Rate to have the system calculate Benefit Costs. (Unit Cost) X (Benefits Rate) = Benefit Costs. To properly relate benefits to the correct personnel line item use the Display Order field, for example use 100.0 for Display Order for the personnel line item and 100.1 for Display Order for the associated Benefits.
Display
Order
Cost
Category
Item
Name
Position
Type
Benefit
Rate
Unit Cost or
Rate Units Percent Paid
by Grant
Calculated Cost
to Grant
100.0 A. Personnel
Costs
DUI
Officer
Straight
time $54.65 2,080 100.00% $113,672.00
100.1 A. Personnel
Costs Benefits Straight
time 94.00% $113,676.00 1 100.00% $106,855.44
Packet Pg. 102
Attachment: OTS 2025-26 Grant Application (4.9(a)--Ratify Office of Traffic Safety Grant Application) Application :: Page 21 of 25
Display
Order
Cost
Category Enforcement Activity Item Name Unit Cost or
Rate Units
Calculated
Cost to
Grant
110.0
A.
Personnel
Costs
DUI/DL Checkpoints DUI/DL Checkpoints $7,584.00 6 $45,504.00 111.0
A.
Personnel
Costs
DUI Saturation Patrols DUI Saturation Patrols $1,440.00 30 $43,200.00 112.0
A.
Personnel
Costs
Collaborative DUI
Enforcement
Collaborative DUI
Enforcement $5,056.00 3 $15,168.00
113.0
A.
Personnel
Costs
Warrant Service
Operations
Warrant Service
Operations $640.00 2 $1,280.00
114.0
A.
Personnel
Costs
Court Stings Court Stings $640.00 4 $2,560.00
115.0
A.
Personnel
Costs
Traffic Enforcement Traffic Enforcement $640.00 30 $19,200.00 116.0
A.
Personnel
Costs
Distracted Driving
Enforcement
Distracted Driving
Enforcement $640.00 6 $3,840.00
117.0
A.
Personnel
Costs
Pedestrian and Bicycle
Enforcement
Pedestrian and Bicycle
Enforcement $640.00 10 $6,400.00
118.0
A.
Personnel
Costs
Collaborative Traffic
Enforcement
Collaborative Traffic
Enforcement $640.00 2 $1,280.00
119.0
A.
Personnel
Costs
Traffic Safety Educational
Presentations
Traffic Safety Educational
Presentations $960.00 2 $1,920.00
120.0
A.
Personnel
Costs
Community Collaboration
Engagement
Community Collaboration
Engagement $700.00 5 $3,500.00
125.0
A.
Personnel
Costs
Other Benefits $143,852.00 1 $2,085.85
Personnel Costs: $366,465.29
Travel Expenses
Display Order Cost Category Item Name Unit Cost or Rate Units Calculated Cost to Grant 200.0 B. Travel Expenses In State Travel $7,500.00 1 $7,500.00 Travel Expenses: $7,500.00
Contractual Services
Do not include brand names or names of specific organizations.
Display Order Cost Category Item Name Unit Cost or Rate Units Calculated Cost to Grant Packet Pg. 103
Attachment: OTS 2025-26 Grant Application (4.9(a)--Ratify Office of Traffic Safety Grant Application) Application :: Page 22 of 25
Contractual Services: $0.00
Equipment (must have Unit Cost of at least $10,000 including tax and shipping) Do not include brand names or names of specific organizations.
Please include an equipment quote in the Upload Documents Tab.
NOTE : When creating a new "Equipment" budget item, the Standard Language Item drop down list may not be available. When this is the case, complete only the required fields and save the budget item. Once saved, select the Edit button (pencil icon); the Standard Language Item drop down list will be available for selection. Alternatively, if not requesting a Standard Language Item, please utilize the Custom Narrative field to enter an appropriate narrative.
Display Order Cost Category Item Name Unit Cost or Rate Units Calculated Cost to Grant 400.0 D. Equipment DUI Trailer $46,580.00 1 $46,580.00
Equipment: $46,580.00
Other Direct Costs (must have Unit Cost of less than $10,000, including tax and shipping) Do not include brand names or names of specific organizations.
NOTE : When creating a new "Other Direct Cost" budget item, the Standard Language Item drop down list may not be available. When this is the case, complete only the required fields and save the budget item. Once saved, select the Edit button (pencil icon); the Standard Language Item drop down list will be available for selection. Alternatively, if not requesting a Standard Language Item, please utilize the Custom Narrative field to enter an appropriate narrative.
Display
Order Cost Category Item Name Unit Cost or
Rate Units Calculated Cost to
Grant
500.0 E. Other Direct
Costs Lidar Device $1,539.04 5 $7,695.20
500.1 E. Other Direct
Costs DUI Checkpoint Supplies $5,000.00 1 $5,000.00
500.2 E. Other Direct
Costs
PAS Device/Calibration
Supplies $500.00 1 $500.00
Other Direct Costs: $13,195.20
Indirect Costs
NOTE - Entry for Indirect Cost is different than prior years. Please read instructions carefully.
Item Name should indicate the % and the types of costs subject to the Indirect Cost Rate e.g. 15% of Salaries and Benefits. Enter one Unit Cost equal to the estimated Indirect Costs.
Indirect Cost Rate must be supported by a federally approved indirect cost rate letter and uploaded to the application.
Display Order Cost Category Item Name Units Unit Cost or Rate Calculated Cost to Grant Indirect Costs: $0.00
Packet Pg. 104
Attachment: OTS 2025-26 Grant Application (4.9(a)--Ratify Office of Traffic Safety Grant Application) Application :: Page 23 of 25
Total Requested Funding: $433,740.49
Narrative Review
Review and update Narrative for Budget Items
Cost
Category Item Narrative Custom
Narrative
A.
Personnel
Costs
DUI Officer
Hours for officer dedicated strictly to DUI Enforcement. Hours may include wages or authorized absences, such as annual leave and sick leave, provided they are accrued during the grant term.
A.
Personnel
Costs
Benefits
Benefits
Rates:
Workers'
Comp
10.00%
Group
Health
19.00%
PERS
63.00%
Medicare
1.45%
A.
Personnel
Costs
DUI/DL
Checkpoints
Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
A.
Personnel
Costs
DUI Saturation
Patrols
Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
A.
Personnel
Costs
Collaborative DUI
Enforcement
Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
A.
Personnel
Costs
Warrant Service
Operations
Overtime for grant funded Warrant Service Operations conducted by appropriate department personnel.
A.
Personnel
Costs
Court Stings Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
A.
Personnel
Costs
Traffic
Enforcement
Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
A.
Personnel
Costs
Distracted Driving
Enforcement
Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
A.
Personnel
Costs
Pedestrian and
Bicycle
Enforcement
Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Packet Pg. 105
Attachment: OTS 2025-26 Grant Application (4.9(a)--Ratify Office of Traffic Safety Grant Application) Application :: Page 24 of 25
A.
Personnel
Costs
Collaborative
Traffic
Enforcement
Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
A.
Personnel
Costs
Traffic Safety
Educational
Presentations
Overtime for grant funded traffic safety educational presentations conducted by appropriate department personnel.
A.
Personnel
Costs
Community
Collaboration
Engagement
Overtime for grant funded community collaborative engagement conducted by appropriate department personnel.
A.
Personnel
Costs
Benefits
Medicare
for
overtime
B. Travel
Expenses In State Travel
Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.
D.
Equipment DUI Trailer
Fully equipped trailer to transport DUI checkpoint supplies and to serve as a communication and command post during OTS operations. Costs may include the trailer, sales tax, delivery, installation costs, and other modifications and accessories or other items necessary to make the trailer usable for grant purposes, such as a generator, lighting, paint and graphics. The trailer cannot include any furniture or fixtures not affixed to the trailer.
E. Other
Direct
Costs
Lidar Device
Light detection and ranging device used to measure the speed of motor vehicles. This device will be used for speed enforcement. Costs may include lidar devices, batteries, tax, and shipping.
E. Other
Direct
Costs
DUI Checkpoint
Supplies
On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device Supplies, PAS Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed.
E. Other
Direct
Costs
PAS
Device/Calibration
Supplies
Preliminary alcohol screening device to detect the presence of alcohol in a person's breath and calibration supplies to ensure accuracy. Costs may include mouth pieces, gas and accessories.
Upload Documents (Optional)
Please try to include all information in the application itself, but if necessary, upload additional documents here
Document Name Update Date/Time
Application Report 2025-01-30 22:17:08.pdf 1/30/2025 2:17 PM Packet Pg. 106
Attachment: OTS 2025-26 Grant Application (4.9(a)--Ratify Office of Traffic Safety Grant Application) Application :: Page 25 of 25
Evaluation, Support, and Submittal
Evaluation, Support, and Submittal
Method of Evaluation:
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
Administrative Support:
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
Total Requested Funding:
$433,740.49
Packet Pg. 107
Attachment: OTS 2025-26 Grant Application (4.9(a)--Ratify Office of Traffic Safety Grant Application)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Adopt Resolution authorizing the City Manager, or designee, to execute all documents necessary for the acceptance of Homeland Security Grant funds received through Shasta County Health and Human Services.
Fiscal Impact
There is no negative fiscal impact in approving the resolution. The current grant is for $96,525 and there is no match required. Accepting the Department of Homeland Security Grant funds will allow the City of Redding Police and Fire Departments to purchase equipment to support and build capabilities to protect against, prevent, respond to, and recover from terrorists acts and other types of emergencies or disasters.
Alternative Action
The City Council could choose not to approve the resolution a nd provide staff with alternate direction.
Background/Analysis
Each year, the Federal Department of Homeland Security awards grant funding to enhance state and local agencies’ abilities to prevent, respond, and recover from terrorist threats and other catastrophic events. Funding is awarded to the State of California Office of Emergency Services (CalOES) and then awarded to counties that in turn grant funds to local agencies. Shasta County Health and Human Services administers funds for this region.
MEETING DATE: February 18, 2025
ITEM NO. 4.9(b)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 4.9(b)--Resolution for Homeland Security Grant funds administered through Shasta County Health and Human Services
Brian Barner, Chief of Police
Packet Pg. 108
Report to Redding City Council February 12, 2025
Re: 4.9(b)--Resolution for Homeland Security Grant Page 2
Over the last several years, the City of Redding (City) has received funding for hand held radios, a bomb suit, a command vehicle, security cameras for election security, a tactical drone for the Redding Police Department , ballistic vest and helmet sets, Community Emergency Response Team vehicle and trailer, a fire simulator, and laptop computers for the Redding Fire Department.
In order to accept funding, CalOES requires a resolution approved by the governing board of the agency that provides authority to enter into a grant agreement. This resolution authorizes the City Manager or his designee to enter into grant agreements with Shasta County Health and Human Services for Homeland Security funding during FY 2024-25.
The Homeland Security grants have provided significant funding to the City’s Police and Fire Departments that have enhanced the ability to keep the region safe.
Environmental Review
The grant is not a project as defined by the California Environmental Quality Act, therefore, no further action is required at this time.
Council Priority/City Manager Goals
• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.”
Attachments
^Resolution
Packet Pg. 109
RESOLUTION NO. 2025-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
AUTHORIZING THE ACCEPTANCE OF GRANTS THROUGH THE
HOMELAND SECURITY GRANT PROGRAM
WHEREAS, the City of Redding obtains grant funding related to Homeland Security as a subrecipient through Shasta County Health and Human Services Agency; and
WHEREAS, grant funding is provided to the Redding Police Department and Redding Fire Department to purchase equipment to support and build capabilities to protect against, prevent, respond to, and recover from terrorists acts and other types of emergencies or disasters; and
WHEREAS, the Office of Homeland Security requires a resolution authorizing authority to enter into a grant agreement and that the City of Redding agrees to the following:
1. To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
2. Any liability arising out of the performance of this agreement shall be the responsibility of the City of Redding;
3. Grant funds shall not be used to supplant expenditures controlled the City Council;
4. The City of Redding is authorized by the City Council to apply for federal assistance, and the institutional, managerial and financial capability to ensure proper planning, management and completion of the approved project;
NOW, THEREFORE, BE IT RESOLVED that the City Manager, or his designee, of the City of Redding is authorized by the City Council to execute on behalf o f the City Council any documents or take any actions necessary, including retroactive, for the purpose of obtaining federal financial assistance provid ed by the federal Department of Homeland Security and sub -granted through the State of California and Shasta County for Fiscal Year 2024-25.
I HEREBY CERTIFY that the foregoing resolution was introduced and adopted by the City Council of the City of Reddi ng at a regular meeting held on the 18th day of February, 2025, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_________________________________
JACK MUNNS, Mayor
ATTEST: FORM APPROVED:
________________________________ __________________________________ SHARLENE TIPTON, City Clerk CHRISTIAN M. CURTIS, City Attorney Packet Pg. 110 Attachment: ^Resolution (4.9(b)--Resolution for Homeland Security Grant)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize and a pprove increases to the project budget in the amount of $18,356.92 for the completion of Bid Schedule No. 5302 (Job No. 5424 -98), City Council Chambers Audio Visual Upgrade Project as outlined below for additional improvements:
(1) Increase of $13,666.33 to the construction management budget, bringing the construction management total to $69,666.33; and
(2) Increase of $4,690.59 to the construction contingency budget, bringing the construction contingency budget to $56,690.59.
Fiscal Impact
The City Council Chambers A udio Visual (AV) Upgrade Project (Project) is being funded by Public, Education, and Government Access (PEG) fee revenues. The current revenues from PEG fall short of the total project budget and the General F und is covering the current expense. It is estimated that the General Fund will be fully reimbursed by spring of 2026. The $18,356.92 cost increase to the project is covered by budgeted funds. The total project cost, including the proposed increase, is expected to be $643,689.92.
Alternative Action
The City Council (Council) may choose not to approve the request and provide alternative direction to staff.
Background/Analysis
On December 6, 2022, the Council awarded the construction contract for the project to Conti, LLC. The project consists of upgrading the existing system with a complete and adequate operating system. The project includes: a wireless mic system, individual monitors, video upgrades – to include an upgraded video panel and presentation management technology, a touch panel/control system, a broadcast system, features to enhance virtual meeting capabilities, Community Room upgrades, and a lobby kiosk.
MEETING DATE: February 18, 2025
ITEM NO. 4.11(a)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 4.11(a)--Approve Increase to Project Budget for Council Chambers Audio Visual Upgrades Project
Michael Webb, Public Works
Director
Packet Pg. 111
Report to Redding City Council February 11, 2025
Re: 4.11(a)--Approve Increase to Project Budget for Council Chambers Audio Visual Upgrades Project Page 2
During the course of construction, conditions in the field warranted changes to meet the project intent and functionality needs. These changes include additional wireless connectivity to the video system in both the Council Chambers and the Community Room, additional control and video conferencing capabilities in the Community Room, a s wel l as , work performed by the Building Maintenance Division to facilitate the new video wall. These changes and others have exhausted much of the contingency funds and construction management funds originally awarded for the project. The City Manager funds were allocated to the construction management and contingency funds on May 8, 2024.
The additional work will cause the project budget to exceed the awarded amount. An additional $18,356.92 i s requested to cover the construction contingency ($4,690.59) and construction management ($13,666.33) project components.
COST SUMMARY
Item Awarded Amount Projected Amount Increase
Contract Administration,
Inspection, Testing
$56,000 $69,666.33 $13,666.33
Construction Contingency $52,000 $56,690.59 $4,690.59
Environmental Review
On December 6, 2022, the Council determined that the project is c ategorically exempt from review under the California Environmental Quality Act, pursuant to Section 15301(a) - Existing Facilities. No further action is required.
Council Priority/City Manager Goals
This agenda item is a routine operational item.
Attachments
Previous Staff Report 120622
Transfer of Project Funds - May 8, 2024, Internal Communication Packet Pg. 112
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize the following actions relative to Bid Schedule No. 5 302 (Job No. 5424-98) City Council Chambers Audio Visual (AV) Upgrade Project:
(1) Award to Conti, LLC, in the amount of $456,333;
(2) Approve an additional $52,000 to cover the cost of administration and inspection fees and $61,000 for project development costs;
(3) Approve $46,000 to provide construction contingency funding; (4) Authorize the City Manager to approve addition al increases in either the construction management or construction contingency amounts up to a total of $10,000; (5) Adopt Resolution approving and adopting the 74th Amendment to City Budget Resolution No. 2021-078 appropriating $105,340 in funds for the project; and (6) Find that the project is categorically exempt from review under the California Environmental Quality Act Guidelines, per Section 15301(a) - Existing Facilities.
Fiscal Impact
The City Council Chambers AV Upgrade Project (Project) is being funded by Public, Education, and Government Access (PEG) fee revenues. There is no impact to the General Fund, as any costs absorbed now will be reimbursed by current and future PEG fee revenues.
Cost Summary
Item Amount
Project Development Costs $61,000
Construction Contract + Contingency $502,333
Contract Administration, Inspection, and Testing $52,000 Additional City Manager Authority $10,000
Total Project Costs $625,333
MEETING DATE: December 6, 2022
ITEM NO. 4.11(b)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 4.11(b)--Award Bid Schedule No. 5302, Job Order No. 5424 -98, City Council Chambers Audio Visual Upgrade Project and Adopt Budget Resolution Chuck Aukland, Public
Works Director
Packet Pg. 113
Attachment: Previous Staff Report 120622 (4.11(a)--Approve Increase to Project Budget for Council Chambers Audio Visual Upgrades Project) Report to Redding City Council November 22, 2022
Re: 4.11(b)--Award Bid Schedule No. 5302 City Council Chambers AV Upgrade Project Page 2
Project cost components are estimates and some shifting of the proje ct development and construction contingency funds may be necessary to balance the project within the approved budget.
Alternative Action
The City Council may choose to not award the bid for the Project and provide staff with alternative direction
Background/Analysis
The Project will upgrade the existing system with a complete and adequate operating system.
The following items are included in the scope of this project: a wireless mi c system, individualized monitors, video upgrades – to include an upgraded video panel and presentation management technology, a touch panel/control system, a broadcast system, features to enhance virtual meeting capabilities, Community Room upgrades, and a lobby kiosk.
Attached is a tabulation of bids received and opened on October 25, 2022, for the Project. The one bid in the amount of $ 456,333 was received from Conti, LLC, of Sacramento, California.
The engineer's estimate was $ 332,000. Total project development costs for this project are estimated to be $61,000 including staff, engineering, and consultant services costs. Construction contract administration and inspection costs for this project are estimated to be $52,000.
Environmental Review
Staff has reviewed the project and determined that the p roject is Categoricall y Exempt from review under the California Environmental Quality Act Guidelines, per Section 15301(a) - Existing Facilities. Class 1 exemptions include minor alteration of existing public facilities and equipment. The project will require modification of th e existing system and installation of new equipment. The upgraded audiovisual system will enhance communication, and make meetings more accessible for public meeting attendees. The updated equipment will be installed within the existing public facilit y and the project will not result in expansion of use. The action area does not have significant values for wildlife habitat or other environmental resources and the project has no potential to have a significant effect on the environment.
Council Priority/City Manager Goals
• This agenda item is a routine operational item.
Attachments
^Resolution
^Bid Tabulation
^Location Map
^Notice of Exemption
Packet Pg. 114
Attachment: Previous Staff Report 120622 (4.11(a)--Approve Increase to Project Budget for Council Chambers Audio Visual Upgrades Project) RESOLUTION NO. 2022-___
A RESOLUTION OF THE CITY OF REDDING APPROVING AND ADOPTING THE 74TH AMENDMENT TO CITY BUDGET RESOLUTION NO. 2021-078
APPROPRIATING $105,340 TO INCREASE FUNDING FOR THE COUNCIL CHAMBER UPGRADES PROJECT FOR FISCAL YEAR 2022-23
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDDING
THAT Budget Resolution No. 2021-078 be and is hereby amended as follows:
FUND DIVISION DESCRIPTION INCREASE DECREASE
111
427 Non-Departmental
$105,340
THAT account titles and numbers requiring adjustments by this Resolution are as follows:
USE SOURCE
OF FUNDS OF FUNDS
Decrease (Increase) Beginning Balance
111-427-01-0001-01 Beginning Balance 105,340$
Increase Expenditures
111-427-4663-07 Council Chamber Upgrades $105,340
Total 105,340$ 105,340$
THAT the purpose is to appropriate $105,340 to increase funding for the council chambers upgrade project for fiscal year 2022-23.
I HEREBY CERTIFY that the foregoing resolution was introduced at a regular meeting of the City Council of the City of Redding on the 6th day of December, 2022, and was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
, Mayor
ATTEST: FORM APPROVAL:
PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
Packet Pg. 115
Attachment: Previous Staff Report 120622 (4.11(a)--Approve Increase to Project Budget for Council Chambers Audio Visual Upgrades Project) BID TABULATION FOR:
CITY COUNCIL CHAMBERS AV UPGRADE PROJECT
ENGINEER'S EST Conti LLC
10/25/2022 UNIT UNIT UNIT UNIT
ITEM DESCRIPTION UNIT QTY PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 Audiovisual System
Upgrade LS 1 $332,000.00 $332,000.00 $456,333.00 $456,333.00 TOTAL - CONTRACT ITEMS $332,000.00 $456,333.00
Bid Schedule No.: 5302
Packet Pg. 116
Attachment: Previous Staff Report 120622 (4.11(a)--Approve Increase to Project Budget for Council Packet Pg. 117
Attachment: Previous Staff Report 120622 (4.11(a)--Approve Increase to Project Budget for Council Chambers Audio Visual Upgrades Project) Packet Pg. 118
Attachment: Previous Staff Report 120622 (4.11(a)--Approve Increase to Project Budget for Council Chambers Audio Visual Upgrades Project) Packet Pg. 119
Attachment: Transfer of Project Funds - May 8, 2024, Internal Communication (4.11(a)--Approve Increase to Project Budget for Council
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize and approve the following actions relative to Request for Proposals No. 5 517, to provide engineering and environmental services for the Butte Street Boogie Network Project:
(1) Award the Consultant and Professional Services Contract to GHD Inc., in an amount not to exceed $1,134,848.61;
(2) Authorize the Mayor to sign the contract with GHD Inc.; and (3) Authorize the City Ma nager, or designee, to approve contract amendments in an amount not to exceed $70,000 in total.
Fiscal Impact
The City of Redding (City) was awarded an Active Transportation Program (ATP) grant in the amount of $6,437,000 with an additional $806,000 in Shasta Regional Transportation Agency (SRTA) funds and $805,000 in City match funds for a Butte Street Boogie Network Project (Project) total budget of $8,048,000. There are adequate project funds to award the consultant and professional services contract (Contract) to GHD Inc. (GHD) for a not to exceed total amount of $1,134,848.61.
Alternative Action
The City Council (Council) may choose not to award the contract for this project to GHD . If Council chooses not to award the contract , the City’s Engineering Division does not have the staffing resources to complete this project within the grant approved timeline . Engineering would have to reprioritize staffing, project delivery and delay other City projects. Or, Council could provide staff alternate direction.
MEETING DATE: February 18, 2025
ITEM NO. 4.11(b)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 4.11(b)--Award Request for Proposal No. 5517 and Authorize the Signing of a Consulting and Professional Services Contract for Engineering and Environmental Services for the Butte Street Boogie Network Project
Michael Webb, Public Works
Director
Packet Pg. 120
Report to Redding City Council February 11, 2025
Re: 4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie Page 2
Background/Analysis
The project is on the west side of downtown Redding and includes a variety of improvements:
▪ Beginning at the corner of Shasta Street and California Street, the project will construct a new cycle track (protected two -way bike facility) on Shasta Street from the new Shasta Bike Depot, west to West Street;
▪ A number of neighborhood streets along Butte Street between Placer Street on the south, Eureka Way on the north, and Pleasant Street on the west side; ▪ Enhances Butte Stre et into a neighborhood “greenway” bike facility that will facilitate bikes through the neighborhood as an alternative to Placer Street and Eureka Way. Butte Street will feature curb extensions for pedestrian safety, slow neighborhood streets with traffic calming devices and enhanced bicycle crossings of the side streets. It will add an off-street extension west on Butte Street through the open space and will connect to Manzanita Elementary School; and
▪ On Placer Street, along the Benton Airpark gap , bicycle and pedestrian facilities will be added along the north side of Placer Street.
Overall, the project will complete bicycle connections on the west side of downtown Redding from California Street through the neighborhoods to Pleasant Street.
Consultant Selection Process
On August 12, 2024, a formal Request for Proposals ( RFP) (No. 5517), outlining the specific scope of work for the railroad crossing was advertised. Requests were sent to 13 engineering firms; a legal notice was in the Record Searchlight a nd the RFP was posted on the City’s Purchasing Division webpage. Proposal s were due on September 10, 2024 - unfortunately, no proposals were received.
After consulting with Caltrans, City staff received authorization to solicit a proposal from a qualified firm. Based on their availability, expertise and experience with City ATP projects City staff selected GHD, a local firm. A scope of work and fee was negotiated that is acceptable to GHD and the City. The proposed total not to exceed fee is in the amount of $1,134,848.61 for the required scope of work.
The consultant fee is estimated and based on actual work performed. However, because this is a complex project, staff recommends the approval of an additional $70,000 in contingency reserve.
If this reserve needs to be utilized, an amendment will be negotiated with the consultant and the contract will be modified with City Manager approval.
The attached contract with GHD, has been approved as to form by the City Attorney.
Environmental Review
Consultant selection is not a project defined under California Environmental Quality Act, and no further action is required. The consultant will provide design and technical study information necessary to ensure environmental compliance as the project progresses.
Packet Pg. 121
Report to Redding City Council February 11, 2025
Re: 4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie Page 3
Council Priority/City Manager Goals
• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.”
Attachments
^Location Map
^Contract
Packet Pg. 122
Packet Pg. 123
Attachment: ^Location Map (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 124
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 125
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 126
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 127
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 128
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 129
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 130
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 131
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 132
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 133
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 134
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 135
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 136
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 137
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 138
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 139
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 140
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 141
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 142
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 143
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 144
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 145
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 146
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 147
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 148
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 149
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 150
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 151
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 152
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 153
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 154
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 155
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 156
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie) Packet Pg. 157
Attachment: ^Contract (4.11(b)--Award Request for Proposal No. 5517 Butte St Boogie)
CITY OF REDDING
REPORT TO THE CITY COUNCIL
Recommendation
Authorize and approve the following actions relative to Bid Negotiation No. 5555 (Job No. 2725), Buckeye Water Treatment Plant Filters 5 through 8 Repairs:
(1) Award to RTA Construction, Inc. in the amount of $576,500; (2) Approve an additional $182,000 to cover the cost of administration and inspection fees; (3) Approve $30,000 for project development costs;
(4) Approve $60,000 to provide construction contingency funding; (5) Authorize the City Manager to a pprove additional increases in either the construction management or construction contingency amounts up to a total of $50,000; and (6) Find that the Project is categorically exempt from review under the California Environmental Quality Act, pursuant to Section 15301 - Existing Facilities.
Fiscal Impact
The Buckeye Water Treatment Plant Filters 5 Through 8 Repairs Project (Project) is being funded by the City of Redding’s (City) Water Utility Division. The Water Utility ’ budget is sufficient for this project and funding it will not impact other activities or projects.
Cost Summary
Item Estimated
Project Development Costs $30,000
Construction Contract + Contingency $636,500
Contract Administration, Inspection, Testing $182,000
Additional City Manager Authority $50,000
Total Project Costs $898,500
Project cost components are estimates and some shifting of the project development, construction management, and construction contingency funds may be necessary to balance the project within the approved budget.
MEETING DATE: February 18, 2025
ITEM NO. 4.11(c)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 4.11(c)--Award Bid Negotiation No. 5555 (Job Order No. 2725) Buckeye Water Treatment Plant Filters 5 Through 8 Repairs
Michael Webb, Public Works
Director
Packet Pg. 158
Report to Redding City Council February 12, 2025
Re: 4.11(c)--Award BN No. 5555 Buckeye Water Treatment Plant Filters 5-8 Repairs Page 2
Alternative Action
City Council (Council) may choose not to award the bid for t he project and provide staff with alternate direction. Without this project, there is greater potential for increased maintenance costs, a decrease in reliability, and an increased risk of failure of the filters at the Buckeye Water Treatment Plant that could impact the City’s customers.
Background/Analysis
The Water Utility treats raw drinking water through a filtration and disinfection process at its two water treatment plants (WTP) – Foothill and Buckeye. The Buckeye WTP treats raw water from Whiskeytown Lake and is located on Benson Drive, northwest of the City boundary. It was built in 1993 and a major expansion was completed in 2008.
The Buckeye WTP includes eight filters, four of which were added in the 2008 expansion . The underdrains in the four original filters (filters 1 through 4) were replaced in 2005. In 2019 , the underdrains in filters 1 through 4 were already failing , so the City replaced the existing plastic filter underdrain systems with new stainless-steel underdrain and air-scour systems manufactured by AWI. Staff has been pleased with the durability and operation of the stainless-steel underdrain and air-scour system and on June 4, 2024 , Council approved a sole source designation for the AWI filter underdrain systems at the WTP’s.
The four filters that were added in the 2008 WTP expansion (filters 5 through 8) still utilize the plastic underdrain systems and staff is concerned about their reliability and longevity. Of those, filters 5 recently failed and is currently out of service. This project will replace the plastic underdrain systems in filters 5 through 8 with new AWI stainless steel underdrain and air -scour systems to match the installations in filters 1 through 4.
Attached is a tabulation of bids received and opened on January 23, 2025, for construction of the project. The low bid in the amount of $ 576,500 was received from RTA Construction, Inc., of Redding, California. The engineer's estimate was $845,000. Total project development costs for this project are estimated to be $ 30,000. Project development costs include engineerin g and environmental for the project.
Environmental Review
Staff has determined that the project is categorically exempt from environmental review under California Environmental Qual ity Act Guidelines , pursuant to Sections 15301 - Existing Facilities. Class 1 exemptions include the minor alteration of existing public structures and facilities. The project will repair or replace existing infrastructure in the same location and serving the same purpose and capacity. Therefore, the project has no potential to have a significant effect on the environment and further environmental review is not required.
Council Priority/City Manager Goals
• This agenda item is a routine operational item.
Attachments
^Location Map
^Bid Tabulation
^Notice of Exemption
Previous Staff Report 06-04-2024
Packet Pg. 159
Packet Pg. 160
Attachment: ^Location Map (4.11(c)--Award BN No. 5555 Buckeye Water Treatment Plant Filters 5-8 Repairs) BID TABULATION FOR:
BUCKEYE WATER TREATMENT PLANT FILTERS 5-8 REPAIRS
ERS Industrial Services Inc
1/23/2025 UNIT UNIT UNIT
ITEM DESCRIPTION UNIT QTY PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 Water Pollution Control LS 1 $5,000.00 $5,000.00 $4,500.00 $4,500.00 $1,500.00 $1,500.00 2 Repair Gravity Water Filter EA 4 $210,000.00 $840,000.00 $143,000.00 $572,000.00 $194,240.00 $776,960.00 TOTAL - CONTRACT ITEMS $845,000.00 $576,500.00 $778,460.00
AVERAGE
UNIT UNIT
ITEM DESCRIPTION UNIT QTY PRICE TOTAL PRICE
1 Water Pollution Control LS 1 $57,500.00 $57,500.00 $21,166.67 2 Repair Gravity Water Filter EA 4 $209,800.00 $839,200.00 $182,346.67 Average Bid
TOTAL - CONTRACT ITEMS $896,700.00 $750,553.33
Bid Schedule No.: 5555
ENGINEER'S EST RTA Construction, Inc
Resource Development
Company LLC