City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov
VICTORVILLE CITY COUNCIL
VICTORVILLE LIBRARY BOARD OF TRUSTEES
SOUTHERN CALIFORNIA LOGISTICS RAIL AUTHORITY
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
THE CITY AS HOUSING ASSETS SUCCESSOR
JOINT POWERS FINANCING AUTHORITY
VICTORVILLE WATER DISTRICT
Regular Meeting Agenda
Tuesday, November 1, 2022
5:00 p.m. Closed Session
6:00 p.m. Regular Session
The
City
Council
holds
its
business
meetings
in
public
in
accordance
with
the
requirements
of
the
Ralph
M.
Brown
Act,
its
established
policies
and
procedures,
and
its
adopted
parliamentary
authority.
The
Council
strives
to
carry
out
its
meetings
in
an
atmosphere
of
professionalism
with
full
participation
by
members
of
the
body
and
the
public.
As
such,
the
Presiding
Officer
is
empowered
to
govern
City
Council
Meetings
to
foster
the
efficient
and
fair
administration
of
City
business
and
reserves
the
right
to
enforce
(or
cause
to
be
enforced)
the
Meeting
Rules
of
Conduct
and
Decorum
as
set
forth
in
Chapter
5 of
the
City
Council Policy and Procedures Manual.
The
City
Council
welcomes
and
encourages
public
participation
and
invites
the
community
to
attend
in
person. If you cannot attend in person, the meeting will also be available via Zoom and YouTube.
To join via Computer, Laptop, or Smart Device:
Click
the
blue
Zoom
icon
located
on
the
City’s
website
at
victorvilleca.gov/government/agendas
or
enter
the following:
Meeting ID: 828 2124 5005
Passcode: VV123
*To provide comment, click the “Raise Hand” button and the Clerk will unmute you.
To join via Audio only (cell phone or landline):
Dial: (669) 900-9128
Meeting ID: 828 2124 5005
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Public
Comments:
Members
of
the
public
may
submit
comments
electronically
to
by
4 p.m.
the
day
of
the
meeting
to
be
distributed
to
City
Council.
Participants
are
invited
to
address
the
Council
on
agendized
and
non-agendized
topics
at
the
beginning
of
the
meeting.
Public
comments
will
be
no
longer
than
three
(3)
minutes
per
community
member.
Should
a
speaker
conclude
their
comments
prior
to
the
expiration
of
three
(3)
minutes,
the
speaker
waives
the
right
to
speak
for
any
remaining
amount
of
time.
For
further
information
about
how
to
address
the
Council,
please refer to the City’s website at
victorvilleca.gov/government/agendas
.
In
compliance
with
the
Americans
with
Disabilities
Act,
if
you
need
special
assistance
to
participate
in
this
meeting,
please
contact
the
City
Clerk’s
office
at
(760)
955-5188
no
later
than
72 hours
prior
to
the
meeting.
5:00 p.m. Closed Session
Call to Order
Roll Call
Introduction to Public Comments
Public Comments for Closed Session Items
Declaration of Closed Session Item(s) by City Attorney
CITY COUNCIL
A.
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case
name
unspecified:
(Disclosure
would
jeopardize
existing
settlement
negotiations)
B.
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case
name
unspecified:
(Disclosure
would
jeopardize
existing
settlement
negotiations)
C.
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case
name
unspecified:
(Disclosure
would
jeopardize
existing
settlement
negotiations)
D.
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case
name
unspecified:
(Disclosure
would
jeopardize
existing
settlement
negotiations)
Recess to Closed Session
6:00 p.m. Regular Session
Call to Order
Roll Call
Closed Session Announcements by the City Attorney
Invocation: Pastor Dane Davis of Impact Christian Church
Pledge of Allegiance: Police Captain John Wickum
City Clerk Presents Agenda/Revisions to Agenda
Conflict of Interest Declarations
Any
items
on
this
agenda
that
might
be
a
conflict
of
interest
to
any
Council
Members/Board Members should be identified at this time.
Introduction to Public Comments
Public Comments
CONSENT CALENDAR
1. Public Works Quarterly O&M Statistics – Quarter 1 of Fiscal Year 2022-2023
Recommendation:
That the Honorable City Council review and file.
2. Commercial Demand Schedule No. 8
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Commercial
Demand
Schedule
No.
8 in
the
amount
of
$8,676,767.68,
covering
Electronic
Fund
Transfers
No.
332019
through
332155
and
Warrant
No.
787583
through
787769
for
10/05/2022
through
10/12/2022
and
Wire
Transfer
dated
10/12/2022,
per
the
adopted
budget
for
Fiscal
Year
2022-2023
for
the
period
covering
July
1,
2022
through
June
30,
2023.
3. Payroll Warrant List
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Payroll
Demand
Schedule
No.
3B
for
Payroll
Period
September
02,
2022,
through
September
16,
2022,
in
the
amount
of
$1,859,418.32
covering
Check
Nos.
33084
through
33099,
including
Vendor
checks.
Please
note
employee
Check
Nos.
33086
&
33089
have
a
live
Check
and
an
EFT
Advice.
Also
included
are
Advice
Nos.
292343
through
292815,
per
adopted
budget
for
Fiscal
Year
2022-2023
(period
covering
July
1,
2022,
through June 30, 2023).
4. CalRecycle Local Government Waste Tire Cleanup Grant – Budget Amendment
Recommendation:
That
the
Honorable
City
Council
adopt
Resolution
No.
22-116,
approving
a
budget
amendment
for
Fiscal
Year
2022-2023
to
appropriate
$61,340.00
in
both
revenue
and
expenditures
related
to
the
Cycle
22-23
Local
Government
Waste
Tire
Cleanup
Grant as awarded by CalRecycle.
5. Full Release of Labor and Materials Securities for Case No. ESUB19-00003
Recommendation:
That
the
City
Council
approve
the
full
release
of
the
Labor
and
Materials
securities
for case ESUB19-00003.
WRITTEN COMMUNICATIONS
6. Doris Davies Recreation Center Roof Restoration Project, Change Order No. 1
Recommendation:
That the Honorable City Council:
(1)
Adopt
Resolution
No.
22-120
approving
an
additional
appropriation
of
$32,749.30
for
the
Doris
Davies
Recreation
Center
Roof
Restoration
Project
in
the
Fiscal Year 2022/2023 annual budget; and
(2)
Approve
Change
Order
No.
1 to
the
Construction
Agreement
with
4 Seasons
Roofing,
Inc.
for
the
Doris
Davies
Recreation
Center
Roof
Restoration
Project
in
the
amount of $89,960.00.
7. CalRecycle SB 1383 Organic Waste Recycling Grant Payment Program
Recommendation:
That the Honorable City Council adopt Resolution No. 22-117 to:
(1)
Authorize
acceptance
of
the
CalRecycle
SB
1383
Organic
Waste
Recycling
Grant;
(2)
Authorize
the
City
Manager
or
his
designee
to
process
all
documents
required
for program administration;
(3) Ratify the associated expenditure plan; and
(4)
Approve
a
budget
amendment
for
Fiscal
Year
2022-2023
to
appropriate
$167,748.00
in
both
revenue
and
expenditures
related
to
the
SB
1383
Organic
Waste Recycling Grant as awarded by CalRecycle.
8. Inclusion of Part-time Employees in the Sick Leave Yearly Payoff Program
Recommendation:
That
the
Honorable
City
Council
Adopt
Resolution
No.
22-119
to
Re-establish
Part-
Time Employees to Participate in the Sick Leave Yearly Payoff Program
9. General Services Provider Agreement for a Library Kiosk
Recommendation:
That
the
Honorable
City
Council
approve
the
General
Services
Provider
Agreement
with
EnvisionWare,
Inc.
in
the
amount
of
$221,585.41
to
furnish,
deliver,
install
and
maintain a remote library kiosk and canopy at Sunset Ridge Park.
10. Consultant/Professional
Services
Provider
Agreement
with
Community
Works
Design Group
Recommendation:
That
the
Honorable
City
Council
approve
the
Consultant/Professional
Services
Provider
Agreement
with
Community
Works
Design
Group
in
the
amount
of
$219,572.50
for
the
landscape
and
civil
design
work
for
the
Eva
Dell
Park
renovation project.
11. City Manager Reports
12. Discussion and Possible Action Regarding Upcoming Agenda Items
13. Reports from Council Members
Adjournment
Item Number: 1
City Council / Board of Directors
Consent Calendar
Meeting of: November 1, 2022
Submitted By:
Doug Mathews, Director of Public Works and Water
Subject:
Public Works Quarterly O&M Statistics – Quarter 1 of Fiscal Year 2022-2023 Recommendation:
That the Honorable City Council review and file.
Fiscal Impact:
There is no fiscal impact associated with this action.
Discussion:
The Public Works Department serves both residential and commercial customers with a staff of 114 personnel. Department staff will be providing quarterly updates to present key departmental activities, pertinent highlights, and operational performance indicators.
Staff remains available for any questions the Council may have.
Attachments: A. Public Works Quarterly O&M Statistics – Q1 FY 22/23 Attachment A
Q1 FY 22/23: July 1, 2022 to September 30, 2022
QUARTERLY O&M STATISTICS
CITY OF VICTORVILLE – PUBLIC WORKS
Asphalt
1,795 - Potholes repaired
41,520 - Cracks sealed (linear feet)
Concrete
163 - Cubic yards poured
54 - Locations repaired
Graffiti
98,732 - Graffiti sq ft covered
792 - # of Graffiti locations
71 - Gallons of paint used
Right-of-Way
261 - Catch basins cleaned
29 - Drainage channels cleaned
10 - Shoulders graded (miles)
Fleet System Inspections
14 - Emissions System
37 - Safety Inspection
198 - Oil/Filter Change
79 - CAL “BIT” Compliance
21 - Transmission Service
358 - Work Orders completed
Fleet Vehicle Repair
105 - AC/Heater repairs
298 - Brakes and Tires replaced
155 - Electrical Systems repaired
920 - Work Orders completed
Assessment Districts
(City crews)
169 - Irrigation leak repairs
3 - Miles trimmed
15 - Service requests Sewer Mains
61 - Cleaned (miles)
13 - Camera inspected (miles)
24 - Sewer lateral repair projects
Street Sweeping
417 - Debris collected (tons)
220 - Debris recycled (tons)
4,419 - Miles swept
Signals & Street
Lighting
27 - Signals repaired
152 - Signals maintained
16 - Street lights repaired
Signage & Striping
7,419 - Gallons of paint used
314 - Miles of striping
346 - Signs maintained
108 - Signs fabricated
Q1 FY 22/23
It is the mission of the Public Works Department to be an in tegral part of our community by improving the quality of life by maintaining the City’s infrastructure. This is accomplished through a team of 114 dedicated public works professionals who provide superior customer assistance w ith timely, efficient, and effective delivery of public services. These core elements reflect the Department' s ongoing commitment to preserving and enhancing the quality of life in the City of Victorvill e. This professional staff is led by the Director of Public Works and Water, two Assistant Directors, four Managers, and an administrative staff to organize the delivery of these services. Below are brief descriptions of each division to help you understand their functions.
Fleet Division (18 Employees)
The Fleet Division is responsible for the maintenance, repair, and replacement of City vehicles and heavy equipment assigned to the City’s Fleet Division, including Fire Depar tment apparatus and equipment, in addition to the Police Department’s vehicles and equipment. Over 900 vehicl es and equipment are maintained using preventative maintenance schedules to extend the life of the vehicles and equipment and to improve performance and safety levels. Additionally, they maintain two Compressed Natur al Gas (CNG) stations, used by City vehicles and available for public use, located at D Street and McArt Road. Ann ually, approximately 5,000 work orders are generated requiring over 15,000 labor hours to complete.
Street Maintenance Division (28 employees)
The Street Maintenance Division provides maintenance and repair of over 400 miles of paved roads with asphalt repairs including pothole repairs and crack sealing; concrete repairs including installing and repairing of sidewalks, curb & gutters, and handicap ramps; and cleaning of bus shelters, weed abatement and graffiti removal throughout the City. Additionally, this Division is responsible for the maintenance and repair of City dedicated open spaces including the Veteran’s Memorial, the Riverwalk, and the Seventh Street islands.
Traffic Maintenance Division (13 employees)
The Traffic Maintenance Division is responsible for the preventative maintenance and repair of 95 signalized intersections, including approximately 1,500 signal heads, throughout the City. In addition, this division also maintains public street markings like directional arrows and STOP bars in the streets, lane striping, crosswalk and curb painting, and the repairing and maintenance of delineators and other traffic control devices.
Right-of-Way Division (11 employees)
The Right of Way (ROW) Division is responsible for the ma intenance and grading of approximately 370 miles of shoulders within the City right of way areas that do not c urrently have curbs and gutters by addressing roughly 65 miles annually, or as needed. Additionally, staff mainta ins the storm drain system with removal of sediment and debris from catch basins and channels across 68 miles of mainline. Daily street sweeping is performed to address approximately 700 miles annually, collecting up to 2,000 tons of debris.
CITY OF VICTORVILLE – PUBLIC WORKS DEPARTMENT
Assessment District Division (3 employees)
The assessment districts consist of 13 unique areas with special benefit improvements pursuant to the Landscape and Lighting Act of 1972 of the Califor nia Streets and Highways Code. These dis tricts are split in 3 sections with the landscaping maintenance assessment (LMAD) responsibl e for 8 districts requiring la ndscape maintenance, the drainage facility assessment (DFAD) responsible for 3 districts requiring storm water management maintenance, and the community-funded parks maintenance assessment (MAD ) responsible for 2 districts providing repairs and maintenance as needed. Maintenance performed within t hese districts include shrub bery and trees, irrigation systems, and perimeter walls and curbing across an area o f over 4 million square feet combined. To address the varying seasonal fluctuations across the district, this division also administers a contract that supplements the needs of all 13 assessment districts.
Sanitary Division (13 employees)
The Sanitary Division is responsible for the maintenance of the sanitary sewer collection system. This system has approximately 430 miles of sewer mainline and over 27,00 0 service connections. Daily tasks include flushing the sanitary sewer mainline and laterals, camera inspection of the sewer system, and responding to sanitary overflows to provide clean up and documentation.
Environment Programs Division (14 Employees)
The Environmental Programs Division provides for solid wa ste and recycling services by administering contracts for solid waste and recycling collection, solid waste dispos al, recycling processing, organic material processing, household hazardous waste center staffing, and household haz ardous waste disposal. Additionally, this division ensures the City’s compliance with State recycling man dates, including AB 939 (50% recycling), AB 341 and AB 1826 (Mandatory Commercial Recycling and Organics Re cycling), and SB 1383 (Mandatory Organics Recycling).
The Division is also responsible for educating the public, businesses, multi-family housing complexes, and schools regarding recycling, organics recycling, backyard comp osting, household hazardo us waste, #DumpItRightVV programs, and other cleanup programs in V ictorville by staffing outreach/education booths at public events including the Fall Festival; Spring Egg Hunt, the Home and Gar den Show at the Fairgrounds and other community events. Division staff assists Billing and Customer Service Divisions with field research, vacancy checks, and property owner verifications while also monitoring and checking all properties to ensure that all occupied premises in the City are signed up for solid waste/recycling service. The Illegal Dump Cleanup crew responds to reports of illegal dumping and proactively patrols areas known for illeg al dumping while also cleaning up abandoned homeless encampments and boarding up vacant/nuisance build ings in response to requests from Code Enforcement Department. This Division also administers the Adopt-A-Street and Community Clean-Up Day programs.
Revised October 2022
Graffiti Hotline: (760) 261-2222 Service Calls (760) 241-6365 Administration (760) 955-5200 City of Victorville
Public Works Department
VictorvilleCA.gov/PublicWorks
Item Number: 2
City Council / Board of Directors
Consent Calendar
Meeting of: November 1, 2022
Submitted By:
John Mendiola, Finance Director / City Treasurer
Subject:
Commercial Demand Schedule No. 8
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 8 in the amount of $8,676,767.68, covering Electronic Fund Transfers No. 332019 through 332155 and Warrant No. 787583 through 787769 for 10/05/2022 through 10/12/2022 and Wire Transfer dated 10/12/2022, per the adopted budget for Fiscal Year 2022-2023 for the period covering July 1, 2022 through June 30, 2023.
Fiscal Impact:
The total fiscal impact for FY22-23 in the amount of $8,676,767.68 is authorized with this action. The attached report details the total funds paid to vendors.
Background:
Pursuant to the City’s Municipal Code (2.24.080) the attached demands were presented by the departments, audited by the Finance Department and subsequent warrants/wire transfers were issued. All were found to be in conformity to City policies and procedures and funds were budgeted or available to pay said demands. List of commercial warrants and wire transfers are now being presented to Council for approval.
Attachments: A. Commercial Demand Schedule No. 8 Check Register Summary ATTACHMENT A:
Commercial Demand Schedule No. 8 Check Register Summary
CITY OF VICTORVILLE
Report generated: 10/12/2022 13:06 Page 1User:
Program ID:
djustman
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
332019 10/05/2022 EFT 019363 ALL PROPEST CONTROL SERVI 65.00 332020 10/05/2022 EFT 002921 AMERICAN LANDSCAPE AND MA 91,230.74 332021 10/05/2022 EFT 018562 BEST POWER EQUIPMENT, LLC 1,665.77 332022 10/05/2022 EFT 019580 ASTRUM UTILITY SERVICES 16,100.00 332023 10/05/2022 EFT 014614 AUTOMATED GATE SERVICES, 420.38 332024 10/05/2022 EFT 007650 BAKER & TAYLOR, INC. 296.27 332025 10/05/2022 EFT 000297 BECK OIL, INC. 11,177.76
332026 10/05/2022 EFT 003245 CALIFORNIA DEPARTMENT OF 751.00 332027 10/05/2022 EFT 002720 CALIFORNIA TOOL & WELDING 391.99 332028 10/05/2022 EFT 014820 CAL-STATE AUTO PARTS 153.70 332029 10/05/2022 EFT 017738 CONSOLIDATED FIRE AGENCIE 2,800.00 332030 10/05/2022 EFT 015486 CONSOLIDATED ELECTRICAL D 3,211.76 332031 10/05/2022 EFT 012875 J W D'ANGELO CO INC 24,186.99 332032 10/05/2022 EFT 010282 DELTA DENTAL INSURANCE CO 3,957.62 332033 10/05/2022 EFT 009492 DELTA DENTAL OF CALIFORNI 29,514.98 332034 10/05/2022 EFT 012505 DESERT ENVIRONMENTAL SERV 160.00 332035 10/05/2022 EFT 005295 DOKKEN ENGINEERING 4,611.46 332036 10/05/2022 EFT 000875 ENDURA STEEL, INC. 126.07
332037 10/05/2022 EFT 015760 FASTENAL COMPANY 956.21
332038 10/05/2022 EFT 017560 FERGUSON ENTERPRISES, LLC 919.92 332039 10/05/2022 EFT 017560 FERGUSON WATERWORKS 1,200.39 332040 10/05/2022 EFT 016767 KALMIKOV ENTERPRISES, INC 73.32 332041 10/05/2022 EFT 016134 FRONTIER COMMUNICATIONS C 513.30 332042 10/05/2022 EFT 001002 G & M AUTOMOTIVE & TOWING 362.00 332043 10/05/2022 EFT 003960 CENGAGE LEARNING, INC. 247.85 332044 10/05/2022 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 1,895.19 332045 10/05/2022 EFT 001063 GOODYEAR TIRE & RUBBER CO 1,271.76 332046 10/05/2022 EFT 001076 GRAINGER 218.87
332047 10/05/2022 EFT 018757 GRANICUS, INC. 29,972.00
332048 10/05/2022 EFT 007081 SGM, INC. 49,983.50
332049 10/05/2022 EFT 018938 HARRIS & ASSOCIATES, INC. 6,013.75 332050 10/05/2022 EFT 028225 HESPERIA OUTDOOR POWER EQ 319.46 332051 10/05/2022 EFT 000278 HI DESERT ALARM 1,993.00
332052 10/05/2022 EFT 007512 IMPERIAL SPRINKLER SUPPLY 2,778.23 332053 10/05/2022 EFT 018048 INDUSTRIAL CLERICAL RECRU 4,373.34 332054 10/05/2022 EFT 024922 INFOSEND, INC 115.48
332055 10/05/2022 EFT 016775 INTERWEST CONSULTING GROU 1,560.00 332056 10/05/2022 EFT 000226 LARRY WALKER ASSOCIATES, 1,565.25 332057 10/05/2022 EFT 004986 LESLIE'S SWIMMING POOL SU 284.72 332058 10/05/2022 EFT 000696 L.N. CURTIS & SONS 2,414.25 332059 10/05/2022 EFT 015804 MISSION AMBULANCE, INC. 106,900.00 332060 10/05/2022 EFT 017743 PULICE, SAMUEL A. 25.16
332061 10/05/2022 EFT 018621 NTTAMERICA SOUTIONS, INC 3,391.83 332062 10/05/2022 EFT 028213 O'REILLY AUTO PARTS 158.00 332063 10/05/2022 EFT 001789 PARKHOUSE TIRE, INC. 1,500.44 332064 10/05/2022 EFT 002992 PUBLIC ENTITY RISK MANAGE 464,784.25 332065 10/05/2022 EFT 013165 PETE'S ROAD SERVICE 798.71 332066 10/05/2022 EFT 017106 POUVARANUKOAH, KRIS 948.38 332067 10/05/2022 EFT 001886 PRUDENTIAL OVERALL SUPPLY 431.93 332068 10/05/2022 EFT 024930 REFRIGERATION SUPPLIES DI 42.48 332069 10/05/2022 EFT 012308 ROADPOST USA ,INC. 119.48
332070 10/05/2022 EFT 001987 ROTARY CLUB - VICTORVILLE 253.67
CITY OF VICTORVILLE
Report generated: 10/12/2022 13:06 Page 2User:
Program ID:
djustman
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
332071 10/05/2022 EFT 002037 SAN BERNARDINO COUNTY 2,689,535.72 332072 10/05/2022 EFT 002123 SHERWIN WILLIAMS COMPANY 1,450.64 332073 10/05/2022 EFT 014499 SOUTHERN CALIFORNIA FLEET 5,938.84 332074 10/05/2022 EFT 018962 THATTE, SUBODH 200.00
332075 10/05/2022 EFT 017269 TOWN & COUNTRY TIRE INC 1,569.53 332076 10/05/2022 EFT 027532 TRL SYSTEMS, INC. 1,100.00 332077 10/05/2022 EFT 002419 UNDERGROUND SERVICE ALERT 915.57 332078 10/05/2022 EFT 014536 UNITED SITE SERVICES OF C 4,548.27 332079 10/05/2022 EFT 015079 VERIZON WIRELESS SERVICES 3,034.76 332081 10/05/2022 EFT 002862 V.V. TOW, INC. 534.00
332082 10/05/2022 EFT 002554 WAXIE SANITARY SUPPLY 4,991.90 332083 10/05/2022 EFT 010274 HD SUPPLY CONSTRUCTION SU 2,891.31 332084 10/05/2022 EFT 018845 Z GLOBAL INC. 46,774.35
332085 10/12/2022 EFT 022084 A-1 ENTERPRISE, INC. 1,075.00 332086 10/12/2022 EFT 002201 AAAE 275.00
332087 10/12/2022 EFT 010537 ACCO ENGINEERED SYSTEMS, 996.00 332088 10/12/2022 EFT 010826 AIR EXPRESSWAY TOWING, IN 75.00 332089 10/12/2022 EFT 000165 ANIMAL EMERGENCY CLINIC 2,881.00 332090 10/12/2022 EFT 014614 AUTOMATED GATE SERVICES, 2,044.44 332091 10/12/2022 EFT 000297 BECK OIL, INC. 8,092.36
332092 10/12/2022 EFT 014954 BRIDGEPAY NETWORK SOLUTIO 1,816.50 332093 10/12/2022 EFT 002720 CALIFORNIA TOOL & WELDING 1,244.40 332094 10/12/2022 EFT 014820 CAL-STATE AUTO PARTS 630.33 332095 10/12/2022 EFT 028287 CASTELLON, STEPHANIE 50.00 332096 10/12/2022 EFT 016335 CHARTER COMMUNICATION HOL 16,928.02 332097 10/12/2022 EFT 015486 CONSOLIDATED ELECTRICAL D 477.05 332098 10/12/2022 EFT 022345 DIAMOND ENVIRONMENTAL SER 109.29 332099 10/12/2022 EFT 005295 DOKKEN ENGINEERING 5,192.13 332100 10/12/2022 EFT 011613 ECORP CONSULTING, INC. 3,046.25 332101 10/12/2022 EFT 014726 HOLT, RODERICK SOLOMON 252.00 332102 10/12/2022 EFT 000875 ENDURA STEEL, INC. 125.99
332103 10/12/2022 EFT 015760 FASTENAL COMPANY 153.57
332104 10/12/2022 EFT 017560 FERGUSON ENTERPRISES, LLC 607.21 332105 10/12/2022 EFT 011206 FLYERS ENERGY LLC 7,749.31 332106 10/12/2022 EFT 016134 FRONTIER COMMUNICATIONS C 8,078.75 332107 10/12/2022 EFT 029217 GALE/JORDAN ASSOCIATES, I 2,295.00 332108 10/12/2022 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 419.26 332109 10/12/2022 EFT 001063 GOODYEAR TIRE & RUBBER CO 2,988.68 332110 10/12/2022 EFT 001076 GRAINGER 629.09
332111 10/12/2022 EFT 006269 GREEN, DE BORTNOWSKY, LLP 6,500.00 332112 10/12/2022 EFT 001104 HAAKER EQUIPMENT CO. 135.04 332113 10/12/2022 EFT 018938 HARRIS & ASSOCIATES, INC. 34,110.00 332114 10/12/2022 EFT 002809 HIGH DESERT HOMELESS SERV 40,068.26 332115 10/12/2022 EFT 000278 HI DESERT ALARM 105.00
332116 10/12/2022 EFT 014969 LOS ANGELES TRUCK, LLC 9,778.04 332117 10/12/2022 EFT 018048 INDUSTRIAL CLERICAL RECRU 2,545.14 332118 10/12/2022 EFT 024922 INFOSEND, INC 14,487.27
332119 10/12/2022 EFT 001282 INLAND KENWORTH, INC. 69.52 332120 10/12/2022 EFT 028462 NINYO & MOORE GEOTECHNICA 17,559.56 332121 10/12/2022 EFT 018621 NTTAMERICA SOUTIONS, INC 3,391.83 332122 10/12/2022 EFT 003523 ODYSSEY POWER CORPORATION 3,881.18 332123 10/12/2022 EFT 028213 O'REILLY AUTO PARTS 592.25
CITY OF VICTORVILLE
Report generated: 10/12/2022 13:06 Page 3User:
Program ID:
djustman
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
332124 10/12/2022 EFT 001789 PARKHOUSE TIRE, INC. 1,196.07 332125 10/12/2022 EFT 017735 PATTERSON, PATRICK 522.91
332126 10/12/2022 EFT 025260 PENWORTHY COMPANY, THE 1,021.46 332127 10/12/2022 EFT 013165 PETE'S ROAD SERVICE 2,205.09 332128 10/12/2022 EFT 001886 PRUDENTIAL OVERALL SUPPLY 1,019.00 332129 10/12/2022 EFT 016281 REA'S AUTOMOTIVE INC. 6,282.05 332130 10/12/2022 EFT 021144 THE DRALA PROJECT, INC. 843,603.50 332131 10/12/2022 EFT 002017 SAFEWAY SIGN CO. 240.02
332132 10/12/2022 EFT 015670 SCORPION FIRE PROTECTION, 4,200.00 332133 10/12/2022 EFT 017252 SDC ENGINEERING, INC 2,193.80 332134 10/12/2022 EFT 005712 SOUTHERN COUNTIES OIL CO. 57,481.62 332135 10/12/2022 EFT 001153 DS SERVICES OF AMERICA, I 360.80 332136 10/12/2022 EFT 019341 MARTIN, ARMANDO JR. 2,000.00 332138 10/12/2022 EFT 002790 TREADWELL, KENNETH R. 4,750.00 332140 10/12/2022 EFT 022839 TRIMARK ASSOCIATES, INC. 12,158.82 332141 10/12/2022 EFT 001169 AUTO PARTS DIRECT LLC 363.15 332142 10/12/2022 EFT 014536 UNITED SITE SERVICES OF C 104.77 332143 10/12/2022 EFT 013356 VALLEYWIDE NEWSPAPERS LLC 1,420.00 332144 10/12/2022 EFT 015079 VERIZON WIRELESS SERVICES 2,573.07 332145 10/12/2022 EFT 020762 OREMOR OF VICTORVILLE, LL 21.95 332146 10/12/2022 EFT 008430 CALMAT COMPANY 1,879.69
332147 10/12/2022 EFT 002481 VICTOR VALLEY ANIMAL PROT 23,863.08 332148 10/12/2022 EFT 002505 VICTORVILLE DISPOSAL, INC 1,022,708.80 332149 10/12/2022 EFT 002498 VICTOR VALLEY WASTEWATER 13,216.85 332150 10/12/2022 EFT 011361 WALTERS WHOLESALE ELECTRI 4,083.23 332151 10/12/2022 EFT 017120 WASHINGTON, DYJUAN 3,000.00 332153 10/12/2022 EFT 002554 WAXIE SANITARY SUPPLY 2,270.41 332154 10/12/2022 EFT 022033 WOODARD & CURRAN, INC. 1,002,511.82 332155 10/12/2022 EFT 018845 Z GLOBAL INC. 29,697.78
787583 09/29/2022 PRINTED 019955 CLIFTONLARSONALLEN LLP 4,285.00 787584 10/01/2022 PRINTED 004933 MCCURRY, PATRICIA M. 1,600.00 787585 10/05/2022 PRINTED 014848 DOMINGUEZ, MIGUEL 517.87 787586 10/05/2022 PRINTED 018004 AFLAC PREMIUM HOLDING 1,816.78 787587 10/05/2022 PRINTED 021410 ALERT-ALL CORPORATION 598.13 787588 10/05/2022 PRINTED 014878 ALLTECH INDUSTRIES, INC 28,754.96 787589 10/05/2022 PRINTED 000174 APEX RENTAL 21.71
787590 10/05/2022 PRINTED 017968 AVCOM SERVICES, INC. 2,581.00 787591 10/05/2022 PRINTED 025164 BANK OF NEW YORK MELLON T 2,498.60 787592 10/05/2022 PRINTED 000290 BATTERY MART OF APPLE VAL 768.06 787593 10/05/2022 PRINTED 019571 MJ AUTO GLASS INC. 393.15 787594 10/05/2022 PRINTED 010670 BLUE SHIELD OF CALIFORNIA 9,420.79 787595 10/05/2022 PRINTED 017353 BOUND TREE MEDICAL, LLC 329.27 787596 10/05/2022 PRINTED 014671 BUREAU OF RECLAMATION 851.53 787597 10/05/2022 PRINTED 000380 BURRTEC WASTE INDUSTRIES 2,143.87 787598 10/05/2022 PRINTED 012732 CALPORTLAND COMPANY 660.57 787599 10/05/2022 PRINTED 020755 MIKE CAPOSIO BUICK GMC, L 196.92 787600 10/05/2022 PRINTED 000618 CDW GOVERNMENT, INC. 25,585.62 787601 10/05/2022 PRINTED 000155 CENTURY LINK 462.96
787602 10/05/2022 PRINTED 020761 CONCORD UTILITY SERVICES 13,395.32 787603 10/05/2022 PRINTED 014721 CORE & MAIN LP 37,152.61 787604 10/05/2022 PRINTED 019686 COUTS HEATING AND COOLING 1,104.63 787605 10/05/2022 PRINTED 010687 HONG, JAMES 161.63
CITY OF VICTORVILLE
Report generated: 10/12/2022 13:06 Page 4User:
Program ID:
djustman
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
787606 10/05/2022 PRINTED 014737 DITCH WITCH WEST 549.55 787607 10/05/2022 PRINTED 020623 DIVERSIFIED GLASS, INC. 6,097.00 787608 10/05/2022 PRINTED 018020 DIXON PEST CONTROL, INC. 119.00 787609 10/05/2022 PRINTED 000133 DMC-DOCUMENT & MIRCROFILM 830.79 787610 10/05/2022 PRINTED 004581 FLEETPRIDE 10.43
787611 10/05/2022 PRINTED 000975 FRANKLIN TRUCK PARTS, INC 36.12 787612 10/05/2022 PRINTED 020948 HARPER, JAMES JR 136.00 787613 10/05/2022 PRINTED 025408 THE HARTFORD - PRIORITY A 485.07 787614 10/05/2022 PRINTED 008788 HDL COREN & CONE 1,195.00 787615 10/05/2022 PRINTED 017053 HIGH DESERT LOCK & SAFE, 258.72 787616 10/05/2022 PRINTED 004021 HIGH DESERT LASER GRAPHIC 21.75 787617 10/05/2022 PRINTED 017037 IDS GROUP, INC 3,085.00 787618 10/05/2022 PRINTED 020667 CONDON, JOSEPH 510.00
787619 10/05/2022 PRINTED 018875 KONICA MINOLTA BUSINESS S 810.44 787620 10/05/2022 PRINTED 021163 KOURY ENGINEERING & TESTI 12,477.50 787621 10/05/2022 PRINTED 020477 LIFE-ASSIST, INC. 1,090.44 787622 10/05/2022 PRINTED 015232 LOGICALIS, INC 105,800.67 787623 10/05/2022 PRINTED 010660 LOVELAND'S AUTOMOTIVE SER 929.32 787624 10/05/2022 PRINTED 004292 LU'S LIGHTHOUSE 546.28 787625 10/05/2022 PRINTED 999985 MARTINEZ, AMY 200.00
787626 10/05/2022 PRINTED 000361 MARK BROWN & ASSOCIATES, 320.00 787627 10/05/2022 PRINTED 012515 MASCARO, ANTHONY SR. 48,473.27 787628 10/05/2022 PRINTED 019193 MERRELL ENGINEERING COMPA 6,045.00 787629 10/05/2022 PRINTED 021161 CAR WASH PARTNERS, INC. 24.00 787630 10/05/2022 PRINTED 001592 MOBILE OCCUPATIONAL SERVI 195.00 787631 10/05/2022 PRINTED 011214 MOTION INDUSTRIES, INC. 17.67 787632 10/05/2022 PRINTED 021440 GATEHOUSE MEDIA CALIFORNI 819.88 787633 10/05/2022 PRINTED 021195 MYTHICS, INC. 668.94
787634 10/05/2022 PRINTED 001648 NAPA AUTO PARTS 4,044.68 787635 10/05/2022 PRINTED 020815 NEXTERA ENERGY CAPITAL HO 636,256.00 787636 10/05/2022 PRINTED 021150 ODP BUSINESS SOLUTIONS, L 58.06 787637 10/05/2022 PRINTED 999988 PROLOGIS SCLC INVESTMENTS 17,960.00 787638 10/05/2022 PRINTED 015663 PADILLA & ASSOCIATES, INC 235.00 787639 10/05/2022 PRINTED 021481 VELASCO,JOSEPH 50.00
787640 10/05/2022 PRINTED 005800 PUMP CHECK 15,521.89
787641 10/05/2022 PRINTED 999990 RIVERA, YOLANDA 200.00 787642 10/05/2022 PRINTED 001910 R & R PRODUCTS, INC. 239.80 787643 10/05/2022 PRINTED 016371 RAMIREZ, LAZARO 139.83 787644 10/05/2022 PRINTED 003150 ROBERTSON'S 2,009.27
787645 10/05/2022 PRINTED 002037 SAN BERNARDINO COUNTY 740.00 787646 10/05/2022 PRINTED 002037 SAN BERNARDINO COUNTY 761.32 787647 10/05/2022 PRINTED 020889 SCHROER MANUFACTURING COM 4,671.43 787648 10/05/2022 PRINTED 018370 SITEONE LANDSCAPE SUPPLY 99.70 787649 10/05/2022 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 123,053.14 787650 10/05/2022 PRINTED 024609 STAPLES BUSINESS ADVANTAG 206.81 787651 10/05/2022 PRINTED 002269 SUNLAND FORD 3,483.52
787652 10/05/2022 PRINTED 002204 SOUTHWEST GAS CORPORATION 43,489.31 787653 10/05/2022 PRINTED 020979 TR DESIGN GROUP, INC. 15,852.50 787654 10/05/2022 PRINTED 021499 VISOSKY, TIMOTHY 47.98 787655 10/05/2022 PRINTED 000198 CITY OF VICTORVILLE, CASH 256.31 787656 10/05/2022 PRINTED 013434 VICTORVILLE GLASS CO., IN 337.40 787657 10/05/2022 PRINTED 021491 DO, CHUONG DUC 24.58
CITY OF VICTORVILLE
Report generated: 10/12/2022 13:06 Page 5User:
Program ID:
djustman
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
787658 10/05/2022 PRINTED 021493 FLORES, ALFONSO 211.48 787659 10/05/2022 PRINTED 021494 HILL, DAZSHA M 442.86
787660 10/05/2022 PRINTED 021492 MENDOZA, WENDY 65.19
787661 10/12/2022 PRINTED 006716 AIRGAS USA, LLC 225.97 787662 10/12/2022 PRINTED 017486 ALTEC INDUSTRIES, INC. 65.12 787663 10/12/2022 PRINTED 000191 APPLIED INDUSTRIAL TECH 122.70 787664 10/12/2022 PRINTED 017680 AUTOZONE, INC. 18.84
787665 10/12/2022 PRINTED 000256 BSN SPORTS, INC. 462.13 787666 10/12/2022 PRINTED 999975 CARTER, RENEE 40.00
787667 10/12/2022 PRINTED 016222 CACEO 1,000.00
787668 10/12/2022 PRINTED 002935 CALIFORNIA WATERSHED ENGI 4,967.00 787669 10/12/2022 PRINTED 020755 MIKE CAPOSIO BUICK GMC, L 683.33 787670 10/12/2022 PRINTED 000618 CDW GOVERNMENT, INC. 377.57 787671 10/12/2022 PRINTED 011397 CRESTLINE SPECIALTIES, IN 4,721.84 787672 10/12/2022 PRINTED 009898 CWEA 202.00
787673 10/12/2022 PRINTED 006123 DAN LYMAN CONSTRUCTION, I 898.00 787674 10/12/2022 PRINTED 020623 DIVERSIFIED GLASS, INC. 540.00 787675 10/12/2022 PRINTED 018020 DIXON PEST CONTROL, INC. 45.00 787676 10/12/2022 PRINTED 000910 FAIRVIEW FORD SALES, INC. 338.43 787677 10/12/2022 PRINTED 015258 FITZGERALD-GUTIERREZ, JEN 48.00 787678 10/12/2022 PRINTED 000975 FRANKLIN TRUCK PARTS, INC 249.15 787679 10/12/2022 PRINTED 011371 GARDA CL NORTHWEST, INC. 2,725.25 787680 10/12/2022 PRINTED 019227 GOFORTH, BRENDA 130.00 787681 10/12/2022 PRINTED 001074 GRAHAM EQUIPMENT 2,131.50 787682 10/12/2022 PRINTED 021256 GRIFFITH, CARLENE M. 135.00 787683 10/12/2022 PRINTED 999980 HORWOOD, SHANDEE 58.00 787684 10/12/2022 PRINTED 999980 QUINN-HOLDING, COLEEN 400.00 787685 10/12/2022 PRINTED 020948 HARPER, JAMES JR 169.00 787686 10/12/2022 PRINTED 017053 HIGH DESERT LOCK & SAFE, 98.53 787687 10/12/2022 PRINTED 016178 HENNIGAR, DOUGLAS 424.99 787688 10/12/2022 PRINTED 001155 HESPERIA HOSE SUPPLY 93.19 787689 10/12/2022 PRINTED 001241 HYDRO TEK SYSTEMS, INC. 410.60 787690 10/12/2022 PRINTED 002758 J & R CONCRETE PRODUCTS, 17,943.75 787691 10/12/2022 PRINTED 999983 KING, MASON 50.00
787692 10/12/2022 PRINTED 021490 KIM, JEAN 134.19
787693 10/12/2022 PRINTED 004807 KONE, INC. 350.00
787694 10/12/2022 PRINTED 018875 KONICA MINOLTA BUSINESS S 6,608.17 787695 10/12/2022 PRINTED 018875 KONICA MINOLTA BUSINESS S 4,041.53 787696 10/12/2022 PRINTED 021163 KOURY ENGINEERING & TESTI 11,416.00 787697 10/12/2022 PRINTED 014738 SCHUTZ, TESSA 1,350.00 787698 10/12/2022 PRINTED 020711 KREJCKANT, BRANDON 315.27 787699 10/12/2022 PRINTED 004590 LEGACY HOMES 27,115.00 787700 10/12/2022 PRINTED 010660 LOVELAND'S AUTOMOTIVE SER 1,870.95 787701 10/12/2022 PRINTED 000361 MARK BROWN & ASSOCIATES, 443.31 787702 10/12/2022 PRINTED 017449 MAYO, HARRY 962.93
787703 10/12/2022 PRINTED 018328 MISAC 870.00
787704 10/12/2022 PRINTED 019967 MOJAVE AUTO COLLISION 5,247.10 787705 10/12/2022 PRINTED 027847 MOJAVE DESERT & MTN. WAST 26,155.00 787706 10/12/2022 PRINTED 001611 MOORE, CHRISTOPHER 225.00 787707 10/12/2022 PRINTED 001637 MYERS TIRE SUPPLY 89.41 787708 10/12/2022 PRINTED 001648 NAPA AUTO PARTS 4,302.48 787709 10/12/2022 PRINTED 021023 NEWMAN - HARRISON, SUSAN 917.57
CITY OF VICTORVILLE
Report generated: 10/12/2022 13:06 Page 6User:
Program ID:
djustman
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
787710 10/12/2022 PRINTED 021150 ODP BUSINESS SOLUTIONS, L 57.39 787711 10/12/2022 PRINTED 009123 PATTON SALES CORP. 1,515.97 787712 10/12/2022 PRINTED 020982 DPEP 7 INC. 71,770.21
787713 10/12/2022 PRINTED 020982 DPEP 7 INC. 82,835.53
787714 10/12/2022 PRINTED 021374 PENCCO, INC 6,399.94
787715 10/12/2022 PRINTED 015815 HOPKINS, JESSICA 5,204.33 787716 10/12/2022 PRINTED 021198 PRISTINE UNIFORMS 60.00 787717 10/12/2022 PRINTED 014355 QUINN COMPANY 22.63
787718 10/12/2022 PRINTED 999990 ROJAS, ULISES 400.00
787719 10/12/2022 PRINTED 003150 ROBERTSON'S 1,239.85
787720 10/12/2022 PRINTED 002746 ROTO ROOTER PLUMBERS 732.50 787721 10/12/2022 PRINTED 002037 SAN BERNARDINO COUNTY 1,860.00 787722 10/12/2022 PRINTED 002009 SOUTHERN CALIFORNIA ASSOC 14,484.00 787723 10/12/2022 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 143,100.84 787724 10/12/2022 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 14,780.80 787725 10/12/2022 PRINTED 011303 SPORTSENGINE, INC. 184.50 787726 10/12/2022 PRINTED 024609 STAPLES BUSINESS ADVANTAG 1,597.73 787727 10/12/2022 PRINTED 004812 STERICYCLE INC. 2,346.93 787728 10/12/2022 PRINTED 021332 BUSCH, RICK LEE 326.25 787729 10/12/2022 PRINTED 002269 SUNLAND FORD 1,427.56
787730 10/12/2022 PRINTED 018780 TEAMCALIFORNIA ECONOMIC D 2,500.00 787731 10/12/2022 PRINTED 002357 TOPS N' BARRICADES, INC. 40.96 787732 10/12/2022 PRINTED 006279 TURF STAR, INC. 34,347.29 787733 10/12/2022 PRINTED 014914 ULINE SHIPPING SUPPLY SPE 125.77 787734 10/12/2022 PRINTED 017862 SOARES AUTOMOTIVE INC. 290.32 787735 10/12/2022 PRINTED 005896 VICTOR VALLEY HAND CAR WA 99.00 787736 10/12/2022 PRINTED 029510 WEST END MATERIAL SUPPLY 750.25 787737 10/12/2022 PRINTED 021501 WICKUM, JOHN 335.00
787738 10/12/2022 PRINTED 017269 TOWN & COUNTRY TIRE INC 1,211.56 787739 10/12/2022 PRINTED 021297 YHBJ GROUP INC. 466.90 787740 10/12/2022 PRINTED 006861 WATER SYSTEMS CONSULTING, 61,428.75 787741 10/12/2022 PRINTED 021529 CHICAGO TITLE CO 131.90 787742 10/12/2022 PRINTED 015464 DELUNA, OSCAR R 895.99 787743 10/12/2022 PRINTED 021518 DOMA TITLE OF CALIF INC 106.70 787744 10/12/2022 PRINTED 021508 DORADO, PATRICIA 66.64 787745 10/12/2022 PRINTED 021520 FIRST AMERICAN TITLE CO 131.10 787746 10/12/2022 PRINTED 021523 FORBES, SONIA 13.30
787747 10/12/2022 PRINTED 021515 GARCIA, MARIA ESTELA L 73.42 787748 10/12/2022 PRINTED 021506 GARIBAY, ROBERT R 120.82 787749 10/12/2022 PRINTED 021509 JOHNSON, REGINALD 84.14 787750 10/12/2022 PRINTED 021511 KESWICK FINANCIAL GROUP I 135.91 787751 10/12/2022 PRINTED 021526 LAWYERS TITLE CO 142.29 787752 10/12/2022 PRINTED 018741 MARTINEZ, JENNIFER 45.41 787753 10/12/2022 PRINTED 021505 NGUYEN, HAI THI VAN 125.50 787754 10/12/2022 PRINTED 000871 OPTIMUM PROPERTY MGMT 34.41 787755 10/12/2022 PRINTED 021524 ORANGE COAST TITLE CO 43.79 787756 10/12/2022 PRINTED 021525 ORANGE COAST TITLE CO 234.55 787757 10/12/2022 PRINTED 021517 PENG, YONGCHAO 74.78
787758 10/12/2022 PRINTED 021503 PHILLIPPI, DONALD J 355.42 787759 10/12/2022 PRINTED 021507 ROVER, JAHMAL D. 125.66 787760 10/12/2022 PRINTED 021514 SANCHEZ, JULIE MARIELA 67.68 787761 10/12/2022 PRINTED 021519 SFR ACQUISITIONS 3 LLC 12.28
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 10/12/2022 13:06 Page 7User:
Program ID:
djustman
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
787762 10/12/2022 PRINTED 021528 SPRUCE TITLE CO 196.29 787763 10/12/2022 PRINTED 021504 TO, BILL B. 24.10
787764 10/12/2022 PRINTED 003906 VASSETIZADEH, AMIR 76.64 787765 10/12/2022 PRINTED 021510 VICTOR VALLEY SHOPPING CE 101.80 787766 10/12/2022 PRINTED 021530 WFG NATIONAL TITLE CO 103.46 787767 10/12/2022 PRINTED 021513 WILLIAMS, TINA R 91.40 787768 10/12/2022 PRINTED 021521 YU, LINA 120.00
787769 10/12/2022 PRINTED 021512 ZINNERMAN-SHEPPARD, SHARO 40.10 320 CHECKS CASH ACCOUNT TOTAL 8,676,515.88 .00
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 10/12/2022 13:06 Page 8User:
Program ID:
djustman
apchkrcn
320 CHECKS FINAL TOTAL 8,676,515.88 .00
** END OF REPORT - Generated by Debbie Justman **
UNCLEARED CLEARED
DATE OF
WIRE ACCOUNT NAME DESCRIPTION AMOUNT WELLS FARGO BANK CONF # 10/12/22 Vantage Transfer Agents - 401 Vantage Transfer Agents - 401 Payment $ 251.80 Total: $ 251.80
Item Number: 3
City Council / Board of Directors
Consent Calendar
Meeting of: November 1, 2022
Submitted By:
John Mendiola, Finance Director / City Treasurer
Subject:
Payroll Warrant List
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 3B for Payroll Period September 02, 2022, through September 16, 2022, in the amount of $1,859,418.32 covering Check Nos. 33084 through 33099, including Vendor checks.
Please note employee Check Nos. 33086 & 33089 have a live Check and an EFT Advice.
Also included are Advice Nos. 292343 through 292815, per adopted budget for Fiscal Year 2022-2023 (period covering July 1, 2022, through June 30, 2023).
Fiscal Impact:
A total fiscal impact of $1,859,418.32 is authorized with this action. The attached report details the payments by check numbers.
Discussion:
I hereby certify that the claims or demands covered by the attached list of warrants have been audited as to the accuracy and availability of funds for payment thereof and that said claims or demands are accurate and the funds are available for payment thereof.
Attachments: A. Payroll Report PPE 091622
Attachment A
Payroll Report PPE 091622
City of Victorville Council Payroll Report 09/28/2022Page 1 of 13 Checks
Check Number Employee ID Check Date Total Net
33084 3551 09/23/2022 $584.87
33085 3554 09/23/2022 $136.57
33086 2225 09/23/2022 $2,436.59
33087 3614 09/23/2022 $136.57
33088 3556 09/23/2022 $136.57
33089 2705 09/23/2022 $1,170.45
33090 3654 09/23/2022 $1,223.18
33091 3665 09/23/2022 $199.06
33092 240 09/23/2022 $5.00
33093 787 09/23/2022 $50.00
33094 1145 09/23/2022 $323.98
33095 1182 09/23/2022 $100.00
33096 1182 09/23/2022 $100.00
33097 13491 09/23/2022 $422.31
33098 18154 09/23/2022 $175.00
33099 20821 09/23/2022 $423.00
Checks Total 7,623.15
City of Victorville
City Council Payroll Report
Payroll Period Beginning: September 02, 2022 through September 16, 2022 City of Victorville Council Payroll Report 09/28/2022Page 2 of 13 Advices
Check Number Employee ID Check Date Total Net
33086 2225 09/23/2022 $1,000.00
33089 2705 09/23/2022 $2,000.00
292343 3463 09/12/2022 $1,730.44
292344 3608 09/23/2022 $2,346.87
292345 1099 09/23/2022 $657.43
292346 3495 09/23/2022 $2,088.51
292347 3597 09/23/2022 $3,479.56
292348 3243 09/23/2022 $3,739.48
292349 2115 09/23/2022 $5,346.21
292350 3142 09/23/2022 $1,644.56
292351 3640 09/23/2022 $1,758.29
292352 3297 09/23/2022 $630.71
292353 3458 09/23/2022 $357.45
292354 3229 09/23/2022 $4,122.58
292355 3283 09/23/2022 $2,525.70
292356 1064 09/23/2022 $6,989.65
292357 2287 09/23/2022 $2,359.97
292358 3467 09/23/2022 $1,932.19
292359 1706 09/23/2022 $4,502.31
292360 2395 09/23/2022 $3,713.71
292361 3625 09/23/2022 $1,685.99
292362 3684 09/23/2022 $2,079.46
292363 2624 09/23/2022 $2,449.77
292364 3043 09/23/2022 $1,926.85
292365 3031 09/23/2022 $2,755.98
292366 1748 09/23/2022 $2,737.33
292367 2361 09/23/2022 $2,155.31
292368 3328 09/23/2022 $2,271.18
292369 3638 09/23/2022 $3,501.92
292370 3502 09/23/2022 $1,795.98
292371 3561 09/23/2022 $2,332.29
292372 1903 09/23/2022 $1,762.68
292373 3616 09/23/2022 $2,341.21
292374 3630 09/23/2022 $1,727.45
292375 3527 09/23/2022 $1,849.95
292376 2682 09/23/2022 $2,166.80
292377 2627 09/23/2022 $2,107.17
292378 2366 09/23/2022 $4,692.16
292379 3643 09/23/2022 $3,415.79
292380 2594 09/23/2022 $2,819.12
292381 2297 09/23/2022 $1,841.97
City of Victorville Council Payroll Report 09/28/2022Page 3 of 13 292382 3516 09/23/2022 $2,700.94
292383 3695 09/23/2022 $2,003.35
292384 2093 09/23/2022 $1,755.85
292385 3697 09/23/2022 $4,873.76
292386 1973 09/23/2022 $3,290.84
292387 2019 09/23/2022 $2,496.36
292388 3494 09/23/2022 $2,409.93
292389 3538 09/23/2022 $1,757.77
292390 2102 09/23/2022 $2,994.57
292391 2233 09/23/2022 $2,881.99
292392 2606 09/23/2022 $2,256.66
292393 3660 09/23/2022 $1,633.54
292394 3046 09/23/2022 $1,916.26
292395 1635 09/23/2022 $4,805.76
292396 3653 09/23/2022 $2,198.79
292397 3327 09/23/2022 $2,127.17
292398 3624 09/23/2022 $2,013.30
292399 3009 09/23/2022 $3,235.38
292400 2618 09/23/2022 $1,783.98
292401 2619 09/23/2022 $2,325.98
292402 2603 09/23/2022 $1,748.93
292403 2491 09/23/2022 $2,700.46
292404 2235 09/23/2022 $3,113.23
292405 2300 09/23/2022 $3,302.98
292406 2655 09/23/2022 $1,572.82
292407 3088 09/23/2022 $2,751.31
292408 2032 09/23/2022 $3,217.03
292409 2685 09/23/2022 $1,775.57
292410 3521 09/23/2022 $2,283.01
292411 3528 09/23/2022 $1,999.77
292412 3045 09/23/2022 $2,280.70
292413 3499 09/23/2022 $2,028.75
292414 3362 09/23/2022 $2,130.76
292415 2232 09/23/2022 $2,780.56
292416 1957 09/23/2022 $2,544.60
292417 3290 09/23/2022 $1,968.62
292418 3085 09/23/2022 $2,047.31
292419 3246 09/23/2022 $2,995.45
292420 2042 09/23/2022 $4,952.46
292421 3615 09/23/2022 $2,767.74
292422 2323 09/23/2022 $3,289.54
292423 1767 09/23/2022 $2,917.12
292424 3508 09/23/2022 $2,113.54
292425 3682 09/23/2022 $3,193.81
City of Victorville Council Payroll Report 09/28/2022Page 4 of 13 292426 3544 09/23/2022 $1,933.44
292427 3221 09/23/2022 $2,795.97
292428 1855 09/23/2022 $136.57
292429 3627 09/23/2022 $2,085.10
292430 1533 09/23/2022 $2,317.37
292431 2833 09/23/2022 $2,088.74
292432 2211 09/23/2022 $4,673.11
292433 3497 09/23/2022 $1,702.13
292434 1426 09/23/2022 $1,146.70
292435 3105 09/23/2022 $1,781.13
292436 2254 09/23/2022 $2,918.09
292437 3618 09/23/2022 $2,009.28
292438 3482 09/23/2022 $1,680.56
292439 3354 09/23/2022 $3,478.11
292440 3011 09/23/2022 $1,717.82
292441 3623 09/23/2022 $1,191.04
292442 3295 09/23/2022 $1,789.23
292443 3184 09/23/2022 $3,129.84
292444 3400 09/23/2022 $2,640.57
292445 3547 09/23/2022 $1,126.78
292446 3673 09/23/2022 $867.61
292447 2742 09/23/2022 $2,751.24
292448 3089 09/23/2022 $2,901.81
292449 3641 09/23/2022 $1,611.08
292450 2379 09/23/2022 $2,002.32
292451 3672 09/23/2022 $1,126.78
292452 3634 09/23/2022 $2,378.26
292453 2711 09/23/2022 $1,744.62
292454 3639 09/23/2022 $1,715.61
292455 3586 09/23/2022 $1,705.56
292456 3190 09/23/2022 $3,020.02
292457 2249 09/23/2022 $4,875.92
292458 3650 09/23/2022 $1,434.98
292459 3393 09/23/2022 $1,684.53
292460 3250 09/23/2022 $1,606.47
292461 3491 09/23/2022 $1,106.06
292462 3548 09/23/2022 $1,191.04
292463 3511 09/23/2022 $2,715.43
292464 3581 09/23/2022 $2,051.29
292465 3396 09/23/2022 $1,916.16
292466 3663 09/23/2022 $1,483.71
292467 3541 09/23/2022 $2,627.61
292468 2499 09/23/2022 $2,954.55
292469 3379 09/23/2022 $2,281.00
City of Victorville Council Payroll Report 09/28/2022Page 5 of 13 292470 3694 09/23/2022 $2,095.31
292471 2105 09/23/2022 $4,547.71
292472 3474 09/23/2022 $1,995.80
292473 2515 09/23/2022 $2,246.53
292474 3636 09/23/2022 $2,303.81
292475 2679 09/23/2022 $2,851.50
292476 3490 09/23/2022 $2,297.27
292477 3475 09/23/2022 $2,296.03
292478 3353 09/23/2022 $2,601.59
292479 3542 09/23/2022 $2,515.14
292480 1955 09/23/2022 $2,406.20
292481 3147 09/23/2022 $2,764.85
292482 1632 09/23/2022 $2,312.21
292483 3692 09/23/2022 $2,353.23
292484 3148 09/23/2022 $2,946.43
292485 3195 09/23/2022 $3,217.14
292486 3602 09/23/2022 $2,276.02
292487 1970 09/23/2022 $2,347.92
292488 1520 09/23/2022 $2,690.35
292489 2605 09/23/2022 $2,023.12
292490 3505 09/23/2022 $4,771.52
292491 2540 09/23/2022 $3,999.33
292492 3522 09/23/2022 $1,779.89
292493 2377 09/23/2022 $2,805.09
292494 1079 09/23/2022 $2,590.28
292495 2312 09/23/2022 $2,577.12
292496 3510 09/23/2022 $1,877.22
292497 3637 09/23/2022 $2,610.04
292498 1901 09/23/2022 $5,882.42
292499 3628 09/23/2022 $2,164.39
292500 3068 09/23/2022 $2,063.63
292501 3633 09/23/2022 $2,575.29
292502 3129 09/23/2022 $3,410.64
292503 1998 09/23/2022 $2,820.20
292504 2376 09/23/2022 $4,316.74
292505 2111 09/23/2022 $3,062.87
292506 3303 09/23/2022 $3,394.44
292507 3558 09/23/2022 $2,544.03
292508 1655 09/23/2022 $3,301.74
292509 3285 09/23/2022 $2,505.31
292510 1529 09/23/2022 $597.45
292511 3238 09/23/2022 $3,967.69
292512 3242 09/23/2022 $2,199.95
292513 3346 09/23/2022 $2,074.64
City of Victorville Council Payroll Report 09/28/2022Page 6 of 13 292514 1776 09/23/2022 $3,087.40
292515 3192 09/23/2022 $2,000.92
292516 2798 09/23/2022 $2,122.14
292517 2522 09/23/2022 $2,728.70
292518 3265 09/23/2022 $2,131.28
292519 1503 09/23/2022 $3,052.59
292520 1515 09/23/2022 $2,722.68
292521 2505 09/23/2022 $2,507.81
292522 3299 09/23/2022 $1,942.79
292523 3113 09/23/2022 $2,096.82
292524 1007 09/23/2022 $3,379.73
292525 2343 09/23/2022 $797.68
292526 3273 09/23/2022 $2,324.98
292527 3121 09/23/2022 $1,837.48
292528 3635 09/23/2022 $2,036.24
292529 1497 09/23/2022 $2,553.05
292530 3537 09/23/2022 $2,518.88
292531 2192 09/23/2022 $1,790.84
292532 3685 09/23/2022 $1,126.78
292533 2034 09/23/2022 $2,037.14
292534 2275 09/23/2022 $2,813.82
292535 3380 09/23/2022 $2,232.52
292536 3191 09/23/2022 $2,339.12
292537 2530 09/23/2022 $2,840.07
292538 3496 09/23/2022 $372.83
292539 3051 09/23/2022 $2,031.14
292540 1750 09/23/2022 $2,344.29
292541 2770 09/23/2022 $1,862.97
292542 2228 09/23/2022 $2,217.05
292543 3101 09/23/2022 $2,599.34
292544 3335 09/23/2022 $2,111.02
292545 3611 09/23/2022 $1,278.44
292546 3388 09/23/2022 $1,310.53
292547 1249 09/23/2022 $1,969.76
292548 3284 09/23/2022 $1,911.57
292549 3580 09/23/2022 $1,126.78
292550 3621 09/23/2022 $1,191.04
292551 3270 09/23/2022 $1,770.16
292552 1117 09/23/2022 $3,359.29
292553 2248 09/23/2022 $1,929.78
292554 3263 09/23/2022 $1,585.93
292555 3622 09/23/2022 $1,028.26
292556 1588 09/23/2022 $2,115.76
292557 2189 09/23/2022 $2,492.27
City of Victorville Council Payroll Report 09/28/2022Page 7 of 13 292558 3560 09/23/2022 $1,668.26
292559 3509 09/23/2022 $2,495.67
292560 3226 09/23/2022 $1,732.17
292561 3257 09/23/2022 $1,790.86
292562 1121 09/23/2022 $2,934.55
292563 2689 09/23/2022 $1,088.70
292564 3149 09/23/2022 $2,360.70
292565 2181 09/23/2022 $2,268.77
292566 1865 09/23/2022 $2,114.06
292567 3479 09/23/2022 $1,137.70
292568 3689 09/23/2022 $1,191.04
292569 1723 09/23/2022 $10.61
292570 3288 09/23/2022 $1,176.66
292571 3296 09/23/2022 $2,117.99
292572 3572 09/23/2022 $1,229.21
292573 2531 09/23/2022 $2,614.73
292574 1513 09/23/2022 $2,365.60
292575 2118 09/23/2022 $1,160.76
292576 3387 09/23/2022 $1,088.78
292577 3330 09/23/2022 $1,640.80
292578 2681 09/23/2022 $3,239.25
292579 2119 09/23/2022 $1,815.15
292580 1612 09/23/2022 $2,122.38
292581 1282 09/23/2022 $2,423.36
292582 3610 09/23/2022 $1,062.51
292583 3277 09/23/2022 $1,772.19
292584 3287 09/23/2022 $1,883.42
292585 3037 09/23/2022 $1,691.74
292586 1449 09/23/2022 $2,712.45
292587 3481 09/23/2022 $1,112.39
292588 2677 09/23/2022 $4,991.23
292589 3688 09/23/2022 $1,126.78
292590 3341 09/23/2022 $1,787.17
292591 1137 09/23/2022 $1,766.38
292592 2383 09/23/2022 $1,814.31
292593 3687 09/23/2022 $1,126.78
292594 3130 09/23/2022 $1,852.61
292595 2489 09/23/2022 $1,701.65
292596 3361 09/23/2022 $2,106.86
292597 3139 09/23/2022 $1,628.28
292598 3099 09/23/2022 $2,465.39
292599 2696 09/23/2022 $1,827.28
292600 1287 09/23/2022 $2,843.38
292601 3536 09/23/2022 $2,492.55
City of Victorville Council Payroll Report 09/28/2022Page 8 of 13 292602 1254 09/23/2022 $1,980.84
292603 3187 09/23/2022 $1,092.52
292604 2368 09/23/2022 $1,922.29
292605 3095 09/23/2022 $1,702.48
292606 3532 09/23/2022 $1,909.82
292607 3258 09/23/2022 $1,142.93
292608 3100 09/23/2022 $2,551.97
292609 3259 09/23/2022 $1,142.93
292610 3344 09/23/2022 $1,949.09
292611 1338 09/23/2022 $3,518.24
292612 3507 09/23/2022 $1,209.66
292613 2229 09/23/2022 $1,647.40
292614 1049 09/23/2022 $2,298.24
292615 1506 09/23/2022 $1,894.17
292616 1959 09/23/2022 $3,521.79
292617 3004 09/23/2022 $1,799.71
292618 1893 09/23/2022 $1,966.18
292619 3626 09/23/2022 $1,856.92
292620 1581 09/23/2022 $2,511.11
292621 3279 09/23/2022 $1,943.46
292622 2460 09/23/2022 $1,838.52
292623 3671 09/23/2022 $1,648.49
292624 3112 09/23/2022 $1,921.65
292625 2732 09/23/2022 $1,812.37
292626 3338 09/23/2022 $1,096.71
292627 2552 09/23/2022 $1,936.17
292628 2476 09/23/2022 $3,854.31
292629 2279 09/23/2022 $2,597.26
292630 3515 09/23/2022 $4,847.18
292631 3092 09/23/2022 $2,467.99
292632 3138 09/23/2022 $2,684.19
292633 3146 09/23/2022 $2,790.28
292634 2590 09/23/2022 $3,394.50
292635 2748 09/23/2022 $1,955.82
292636 2669 09/23/2022 $3,065.34
292637 2623 09/23/2022 $1,869.49
292638 2637 09/23/2022 $2,306.84
292639 3079 09/23/2022 $1,784.00
292640 2638 09/23/2022 $2,792.26
292641 3513 09/23/2022 $2,033.14
292642 3109 09/23/2022 $2,974.61
292643 2671 09/23/2022 $3,139.12
292644 3019 09/23/2022 $3,208.60
292645 2593 09/23/2022 $2,422.34
City of Victorville Council Payroll Report 09/28/2022Page 9 of 13 292646 3461 09/23/2022 $1,504.36
292647 2626 09/23/2022 $1,740.56
292648 3038 09/23/2022 $2,492.02
292649 3052 09/23/2022 $2,039.44
292650 2290 09/23/2022 $1,996.21
292651 3110 09/23/2022 $3,169.61
292652 2641 09/23/2022 $2,037.02
292653 2612 09/23/2022 $2,639.03
292654 3698 09/23/2022 $1,336.50
292655 2642 09/23/2022 $2,113.57
292656 3331 09/23/2022 $1,762.53
292657 2674 09/23/2022 $2,462.15
292658 3231 09/23/2022 $2,320.57
292659 3228 09/23/2022 $2,628.88
292660 2628 09/23/2022 $2,782.79
292661 3301 09/23/2022 $1,854.14
292662 2630 09/23/2022 $2,501.56
292663 3182 09/23/2022 $2,538.11
292664 2599 09/23/2022 $2,199.87
292665 2683 09/23/2022 $2,236.95
292666 2753 09/23/2022 $2,159.31
292667 2610 09/23/2022 $3,946.78
292668 3323 09/23/2022 $2,757.13
292669 1389 09/23/2022 $2,379.27
292670 3264 09/23/2022 $2,604.32
292671 2808 09/23/2022 $1,819.21
292672 2646 09/23/2022 $2,771.72
292673 3617 09/23/2022 $2,474.68
292674 2600 09/23/2022 $2,369.94
292675 2524 09/23/2022 $2,603.69
292676 2686 09/23/2022 $1,996.07
292677 2193 09/23/2022 $2,340.29
292678 3322 09/23/2022 $2,294.22
292679 3629 09/23/2022 $2,367.14
292680 3230 09/23/2022 $2,881.79
292681 1931 09/23/2022 $3,293.09
292682 2038 09/23/2022 $1,573.76
292683 2339 09/23/2022 $2,367.83
292684 2678 09/23/2022 $3,684.77
292685 3240 09/23/2022 $2,161.05
292686 3215 09/23/2022 $2,804.98
292687 3140 09/23/2022 $1,949.86
292688 3035 09/23/2022 $1,956.31
292689 3651 09/23/2022 $2,045.30
City of Victorville Council Payroll Report 09/28/2022Page 10 of 13 292690 3185 09/23/2022 $2,203.02
292691 1853 09/23/2022 $2,814.90
292692 3645 09/23/2022 $799.74
292693 3503 09/23/2022 $2,458.68
292694 3589 09/23/2022 $977.00
292695 3676 09/23/2022 $398.12
292696 3579 09/23/2022 $633.62
292697 3376 09/23/2022 $3,464.00
292698 3384 09/23/2022 $962.80
292699 3386 09/23/2022 $1,947.01
292700 2488 09/23/2022 $1,084.61
292701 3120 09/23/2022 $1,027.66
292702 3582 09/23/2022 $1,045.14
292703 3252 09/23/2022 $2,513.41
292704 3070 09/23/2022 $2,226.11
292705 3657 09/23/2022 $915.60
292706 1866 09/23/2022 $2,005.19
292707 3371 09/23/2022 $1,100.87
292708 3674 09/23/2022 $973.05
292709 3655 09/23/2022 $1,401.36
292710 3656 09/23/2022 $915.60
292711 2478 09/23/2022 $1,059.30
292712 3648 09/23/2022 $416.90
292713 3470 09/23/2022 $875.91
292714 3573 09/23/2022 $1,080.03
292715 3471 09/23/2022 $1,040.34
292716 3531 09/23/2022 $3,831.37
292717 3587 09/23/2022 $810.20
292718 3669 09/23/2022 $30.04
292719 3029 09/23/2022 $1,778.04
292720 3326 09/23/2022 $3,131.74
292721 3649 09/23/2022 $559.32
292722 3609 09/23/2022 $915.60
292723 3492 09/23/2022 $157.97
292724 3691 09/23/2022 $810.20
292725 3576 09/23/2022 $334.28
292726 3647 09/23/2022 $150.23
292727 3566 09/23/2022 $446.94
292728 2006 09/23/2022 $1,370.13
292729 2684 09/23/2022 $1,405.55
292730 1966 09/23/2022 $2,119.56
292731 2204 09/23/2022 $3,084.12
292732 2355 09/23/2022 $2,029.24
292733 3696 09/23/2022 $2,740.04
City of Victorville Council Payroll Report 09/28/2022Page 11 of 13 292734 3500 09/23/2022 $2,256.89
292735 2039 09/23/2022 $1,840.67
292736 3281 09/23/2022 $1,651.24
292737 1990 09/23/2022 $2,200.97
292738 3550 09/23/2022 $2,085.45
292739 2629 09/23/2022 $2,050.60
292740 3348 09/23/2022 $1,636.79
292741 1544 09/23/2022 $2,337.98
292742 3543 09/23/2022 $1,879.37
292743 3107 09/23/2022 $2,138.68
292744 3081 09/23/2022 $2,035.21
292745 3523 09/23/2022 $3,618.22
292746 3271 09/23/2022 $1,831.23
292747 3017 09/23/2022 $4,630.47
292748 3512 09/23/2022 $3,023.01
292749 2027 09/23/2022 $1,840.35
292750 2330 09/23/2022 $2,461.62
292751 2795 09/23/2022 $436.97
292752 1932 09/23/2022 $1,799.13
292753 3437 09/23/2022 $5,339.65
292754 3652 09/23/2022 $2,197.34
292755 3421 09/23/2022 $7,523.27
292756 3439 09/23/2022 $4,579.26
292757 3440 09/23/2022 $7,015.77
292758 3441 09/23/2022 $2,872.07
292759 3473 09/23/2022 $9,871.40
292760 3406 09/23/2022 $10,019.33
292761 3422 09/23/2022 $2,529.97
292762 3407 09/23/2022 $3,949.84
292763 3442 09/23/2022 $4,464.83
292764 3368 09/23/2022 $1,426.24
292765 3433 09/23/2022 $3,078.15
292766 3469 09/23/2022 $3,622.87
292767 3424 09/23/2022 $3,439.43
292768 3414 09/23/2022 $5,767.59
292769 3443 09/23/2022 $3,727.47
292770 3600 09/23/2022 $10,253.96
292771 3598 09/23/2022 $4,711.80
292772 3418 09/23/2022 $3,761.84
292773 3444 09/23/2022 $4,655.07
292774 3583 09/23/2022 $4,674.10
292775 3585 09/23/2022 $3,471.53
292776 3594 09/23/2022 $4,465.32
292777 1718 09/23/2022 $3,987.55
City of Victorville Council Payroll Report 09/28/2022Page 12 of 13 292778 3409 09/23/2022 $4,888.88
292779 3426 09/23/2022 $9,059.34
292780 3642 09/23/2022 $3,886.15
292781 3584 09/23/2022 $4,381.23
292782 3410 09/23/2022 $5,030.88
292783 3447 09/23/2022 $5,693.55
292784 3427 09/23/2022 $5,954.51
292785 3607 09/23/2022 $3,537.26
292786 3411 09/23/2022 $6,138.22
292787 3448 09/23/2022 $5,355.22
292788 3571 09/23/2022 $2,142.31
292789 3518 09/23/2022 $1,871.48
292790 3449 09/23/2022 $11,665.69
292791 3428 09/23/2022 $9,529.75
292792 3429 09/23/2022 $5,156.43
292793 3455 09/23/2022 $4,664.70
292794 3451 09/23/2022 $6,094.20
292795 3595 09/23/2022 $2,965.95
292796 3430 09/23/2022 $5,081.02
292797 3452 09/23/2022 $5,924.76
292798 3417 09/23/2022 $2,771.77
292799 3431 09/23/2022 $5,211.09
292800 3419 09/23/2022 $2,942.82
292801 3524 09/23/2022 $2,770.72
292802 3412 09/23/2022 $5,682.78
292803 3420 09/23/2022 $3,564.89
292804 3378 09/23/2022 $5,392.82
292805 3435 09/23/2022 $3,572.22
292806 3432 09/23/2022 $8,178.59
292807 3408 09/23/2022 $3,703.30
292808 3445 09/23/2022 $3,877.48
292809 3456 09/23/2022 $3,291.72
292810 3591 09/23/2022 $4,451.76
292811 3392 09/23/2022 $4,576.24
292812 2210 09/23/2022 $2,616.34
292813 3434 09/23/2022 $4,338.55
292814 3581 09/23/2022 $165.10
292815 3452 09/23/2022 $39.08
Advices Total 1,210,873.48
City of Victorville Council Payroll Report 09/28/2022Page 13 of 13 Electronic Vendor Payments
Vendor Check Date Total Gross
IRS 9/12/2022 54.60
IRS 9/23/2022 216,552.80
State Taxes 9/23/2022 62,587.00
CASDU 9/23/2022 4,392.35
Deferred Comp (457) 9/26/2022 75,352.30
Deferred Comp (457) 10/7/2022 1,150.00
Deferred Comp (401a) 9/23/2022 251.80
PERS 9/27/2022 277,640.84
VV Professional Firefighters 9/22/2022 2,940.00
Total Electronic P Payments 640,921.69
Item Number: 4
City Council / Board of Directors
Consent Calendar
Meeting of: November 1, 2022
Submitted By:
Doug Mathews, Director of Public Works and Water
Subject:
CalRecycle Local Government Waste Tire Cleanup Grant – Budget Amendment Recommendation:
That the Honorable City Council adopt Resolution No. 22-116, approving a budget amendment for Fiscal Year 2022-2023 to appropriate $61,340.00 in both revenue and expenditures related to the Cycle 22-23 Local Government Waste Tire Cleanup Grant as awarded by CalRecycle.
Fiscal Impact:
Adopting Resolution No. 22-116 for the Cycle 22-23 Local Government Waste Tire Cleanup Grant will increase the City’s Fiscal Year (FY) 2022-2023 revenue budget by $61,340.00 (2704006-43110-21376) and increase expense appropriations by an equal amount in the following account numbers:
2704006-51100-21376 - $35,567 for Personnel
2704006-52300-21376 - $22,500 for Contract Services
2704006-52110-21376 - $3,273 for Supplies
There is no requirement for the City to provide matching funds. The City will expend the approved funding amount and then submit for reimbursement. Funds are tracked through City budget Org 2704006 (Tire Cleanup Grant) and Project 21376 (Cycle 22-23).
Background:
Since 2003, the City of Victorville has regularly applied for and received grant funding from the California Department of Resources Recycling and Recovery (CalRecycle) for programs related to tire cleanup and enforcement.
CalRecycle offers these grants as per California Public Code Sections 42860-42895 (California Tire Recycling Act). Specifically, Public Resources Code Section 42885 directs 2 8
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that a fee of $1.75 be charged for every new tire purchased in the state. Retailers are permitted to keep 1.5% of the fee, but the remainder of the fee is directed to the California Tire Recycling Management Fund, within the State Treasury. Public Resources Code Section 42889 (b) designates a portion of the Tire Recycling Management Fund to be used for programs to recycle tires as well as programs to cleanup, abate, and remove waste tire stockpiles. For FY 2022-2023, the amount delegated to CalRecycle to administer this program to eligible cities/counties was $1,250,000.
Previously offered together as one grant program, the Waste Tire Cleanup Grant and the Waste Tire Amnesty Grant were separated in 2012. Each grant has a 2-year grant term.
The Waste Tire Cleanup Grant Program is offered in even years and the Waste Tire Amnesty Grant is offered in odd years.
On March 20, 2018, the City Council adopted Resolution No. 18-014 which authorized the submittal of the application for the CalRecycle Local Government Waste Tire Cleanup Grant and authorized the City Manager or his designee as the signature authority. This authorization was utilized to submit the Local Government Waste Tire Cleanup Grant Cycle 22-23 application on April 5, 2022.
CalRecycle notified the City on October 5, 2022, that the grant had been approved. Grant funds for Cycle 22-23 must be fully expended by October 31, 2024.
Discussion:
The City will use the CalRecycle Cycle 22-23 Local Government Waste Tire Cleanup Grant funding in the amount of $61,340.00 to continue to identify waste tire piles throughout the City, then transport the tires to permitted tire recycling facilities. It is estimated that the City will collect approximately 6,000 tires. Grant funds will also be used for signage and other supplies such as gloves for workers.
The grant expenditure plan is used to supplement other resources available under the Solid Waste and Landfill Mitigation budgets. The grant expenditure plan calls for $35,567 in personnel related costs, $22,500 for contract services to pay for tire hauling and disposal, and $3,273 for supplies related to the needs of staff addressing the illegal dumping.
The City Manager authorized the acceptance of the grant in accordance with VMC Section 2.28.060(e)(10) – authority for grant applications, grant agreements, or grant acceptance that may result in revenue of one-hundred twenty-five thousand dollars or less. However, a budget amendment is required to formally appropriate the associated grant revenue and expenses.
Staff recommends that the City Council adopt Resolution No. 22-116, approving the budget amendment for FY 2022-2023 to appropriate $61,340.00 in both revenue and expenditures related to the Cycle 22-23 Local Government Waste Tire Cleanup Grant awarded by CalRecycle.
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Staff remains available for any questions the Council may have.
Attachments: A. Resolution No. 22-116
B. CalRecycle - Procedures and Requirements Local Government Waste Tire Cleanup Grant Program
C. Notice to Proceed
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ATTACHMENT A
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RESOLUTION NO. 22-116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2022-2023; APPROVING
ADDITIONAL APPROPRIATIONS AND ADDITIONAL REVENUE AND EXPENDITURES
FOR THE LOCAL GOVERNMENT WASTE TIRE CLEANUP GRANT
WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expenditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2022-2023; and WHEREAS, copies of said budget were prepared and distributed to the City Council, approved by the City Council prior to June 30, 2022 and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and WHEREAS, after preparation of the budget, a need to amend the budget is being recommended to the Council for approval; and
WHEREAS, the City Manager or his designee will provide all necessary justification for the budget amendment as an attachment to this resolution or in the associated City Council agenda report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the annual budget for the fiscal year 2022-2023 for the City of Victorville be hereby amended to reflect a change in the amounts and associated accounts listed below and as described in the corresponding Agenda Item.
Account Amount Adjusted
2704006-43110-21376 (Revenue) $61,340.00
2704006-51100-21376 (Expenditure) $35,567.00
2704006-52300-21376 (Expenditure) $22,500.00
2704006-52110-21376 (Expenditure) $3,273.00
SECTION 2. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by City departments, offices and subsidiary districts of the City.
SECTION 3. This Resolution shall take effect immediately upon its adoption.
Attachment B
Procedures and Requirements
Local Government Waste Tire Cleanup Grant Program (FY 2022–23) 1
March 2022
Department of Resources Recycling and Recovery
Exhibit B Procedures and Requirements
Local Government Waste Tire Cleanup
Grant Program
19th Cycle Fiscal Year 2022–23
Copies of these Procedures and Requirements must be shared with both the Finance Department and the staff responsible for implementing the grant activities.
Procedures and Requirements
Local Government Waste Tire Cleanup Grant Program (FY 2022–23) 2 Table of Contents
Introduction ................................................................................................................... 3 Milestones ...................................................................................................................... 3 Grants Management System (GMS) ............................................................................. 3 Accessing the Grant .................................................................................................... 3 Contact Updates .......................................................................................................... 3 Prior to Commencing Work .......................................................................................... 5
Reliable Contractor Declaration ................................................................................... 5 Property Access Authorization and Non-Responsibility Affidavit for Private Property (Affidavit) (CalRecycle 741) ......................................................................................... 5 Grant Term ..................................................................................................................... 6
Waste and Used Tire Hauler and End-Use and Disposal Facilities ............................. 6 Waste Tire Generator - Tire Program ID Number (TPID) ............................................ 6 Daily Log ...................................................................................................................... 6 Eligible Costs ............................................................................................................... 7 Ineligible Costs ............................................................................................................ 8
Modifications ................................................................................................................ 9 Acknowledgements ..................................................................................................... 9 Reporting Requirements .............................................................................................. 9 Electronic and Original Signatures ............................................................................ 10 Progress Report ........................................................................................................ 10
Final Report ............................................................................................................... 10
Grant Payment Information ........................................................................................ 10 Payment Request and Documentation ................................................................... 11 Supporting Documentation ................................................................................. 12 Electronic and Original Signatures ............................................................................ 13 Audit Considerations .................................................................................................. 13
Procedures and Requirements
Local Government Waste Tire Cleanup Grant Program (FY 2022–23) 3 Introduction
The Department of Resources Recycling and Recovery (CalRecycle) administers the Local Government Tire Cleanup Grant Program. These Procedures and Requirements describe project and reporting requirements, report due dates, report contents, grant payment conditions, eligible and ineligible project costs, project completion and closeout procedures, and records and audit requirements.
This document is attached to, and incorporated by reference, into the Grant Agreement.
Milestones
Notice to Proceed: Grant Term Begins on the date that CalRecycle emails the Notice to Proceed.
Progress Reports are due with each Payment Request
October 31, 2024: Final Report and Final Payment Request Due October 31, 2024: Grant Term End
Grants Management System (GMS)
GMS is CalRecycle’s web-based grant application and Grants Management System.
Access to GMS is secure; grantees must log in using a WebPass. WebPass accounts are tied to a specific email address. If an email address changes, or if it becomes inactive, the grantee must create a new WebPass account to continue accessing GMS.
Establish or manage a WebPass at CalRecycle’s WebPass page (https://secure.calrecycle.ca.gov/WebPass/).
Accessing the Grant
Grantees must log in to GMS (https://secure.calrecycle.ca.gov/Grants) using their web pass. After logging in, locate the grant in the My Awarded/Open Grants table and select the Grant Management link. The Grant Management Module includes the following sections:
Summary tab: Shows approved budget, paid and remaining amounts. (This section is available to the grantee in read-only mode.) Payment Request tab: Grantee requests reimbursement.
Reports tab: Grantee uploads required reports.
Documents tab: Grantee uploads all other grant documents that are not supporting documents to a payment request or a report. This section also provides access to documents that were uploaded within other sections of GMS.
Follow the instructions in GMS to work in the system. The following sections describe the reports, transactions, and supporting documents CalRecycle requires.
Contact Updates
Access to the grant is limited to those listed in the Contacts tab of the Application Module with the “Allow Access” check box marked. A contact may be listed but not
Procedures and Requirements
Local Government Waste Tire Cleanup Grant Program (FY 2022–23) 4 granted access by not checking the box. Please note, if a contact is granted access to a grant, they will be able to edit contacts, submit payment requests, upload reports, and view all documents. Those with access may update contact information for all contact types except Signature Authority. Email the assigned Grant Manager regarding any changes to Signature Authority information.
Procedures and Requirements
Local Government Waste Tire Cleanup Grant Program (FY 2022–23) 5 Prior to Commencing Work
Prior to commencing work under this grant, the grantee’s Grant Manager or primary contact and authorized grant Signature Authority should review the Terms and Conditions (Exhibit A) and the Procedures and Requirements (Exhibit B) to identify key grant administrative requirements. Evaluation of the grantee’s compliance with these requirements is a major focus of grant audits.
Reliable Contractor Declaration
Prior to authorizing a contractor or subcontractor to commence work under this grant, the grantee shall submit to the Grant Manager a declaration from the contractor or subcontractor, signed under penalty of perjury, stating that within the preceding three (3) years, none of the events listed in section 17050 of Title 14 (https://www.calrecycle.ca.gov/Laws/Regulations/Title14/), California Code of Regulations, Natural Resources, Division 7, has occurred with respect to the contractor or subcontractor. The grantee must submit this form for each contractor and subcontractor working under the grant.
If a contractor or subcontractor is placed on the CalRecycle Unreliable Contractor List (https://www.calrecycle.ca.gov/Funding/Unreliability/) after award of this grant, the grantee may be required to terminate the contract. Obtain the Reliable Contractor Declaration form (CalRecycle 168) from CalRecycle's Grant Forms web page (https://www.calrecycle.ca.gov/Funding/Forms/).
The grantee must upload a scanned copy of each signed Reliable Contractor Declaration form in GMS. To upload the form:
1. Go to the Reports tab.
2. Click on Reliable Contractor Declaration under Report Type.
3. Click the Add Document button.
4. Select Reliable Contractor Declaration in the Document Type drop down box, enter a document title, click the Browse button to search and upload the document, and then Save.
5. Click on the Submit Report button.
For further instructions regarding GMS, including login directions, see the “Grants Management System” section (above).
Property Access Authorization and Non-Responsibility
Affidavit for Private Property (Affidavit) (CalRecycle 741) If a site is on private property and there are 500 tires or more (up to 4,999 tires), an Affidavit must be submitted and approved by the CalRecycle Grant Manager prior to site remediation. The Affidavit authorizes the grantee and other applicable persons access to the property for purposes of site cleanup and attests to the property owner’s innocence in causing the waste tires to be deposited on the property. If the site was remediated prior to the approval of an Affidavit by the grantee to the Grant Manager, all costs incurred are ineligible for reimbursement. Obtain the Affidavit (CalRecycle 741) from CalRecycle's Grant Forms web page
(https://www.calrecycle.ca.gov/Funding/Forms/) and submit the completed form to the CalRecycle Grant Manager.
Procedures and Requirements
Local Government Waste Tire Cleanup Grant Program (FY 2022–23) 6 Grant Term
The Grant Term begins on the date of the Notice to Proceed (NTP) email, which is the formal notification from CalRecycle authorizing the grantee to begin the grant project, and ends on October 31, 2024. The grantee must make all grant-eligible program expenditures and incur all grant-eligible costs within this period. Expenditures made or costs incurred prior to the NTP date or after the end date are not eligible for reimbursement.
The Final Report and final Payment Request are due on October 31, 2024. CalRecycle recommends reserving the period from August 30, 2024 to October 31, 2024 exclusively for the preparation of the Final Report and final Payment Request, though they may be completed earlier. Costs incurred to prepare the Final Report and final Payment Request are only eligible for reimbursement during the Grant Term.
Waste and Used Tire Hauler and End-Use and Disposal
Facilities
CalRecycle has specific requirements for the tracking of used and waste tires remediated with grant funds. In order to be reimbursed for the costs of tire remediation, grantees and their contractors must use a waste and used tire hauler that is registered with CalRecycle, unless exempt pursuant to Public Resources Code section 42954.
Furthermore, the tires must be transported to a facility that is permitted, excluded, exempted, or otherwise authorized by CalRecycle, by statue, or by regulation, to accept waste and used tires, or to a facility that lawfully accepts waste and used tires for reuse or disposal.
The grantee should contact the CalRecycle Tire Management Program Hotline (Hotline) toll free at (866) 896-0600 to verify that the used tire hauler and end-use facility it intends to use are following applicable laws and regulations. The name and address of the tire hauler and the end-use facility are necessary for verification.
A Tire Program Identification (TPID) Number will need to be obtained, by calling the Hotline number listed above.
Waste Tire Generator - Tire Program ID Number (TPID)
To comply with CalRecycle’s waste tire manifest requirements, grantees conducting roadside (i.e., public right-of-way) cleanups need to obtain a TPID number (for that jurisdiction’s roadways) which will be used as the generator TPID number. Grantee shall obtain a separate TPID number for each site (single location) at which the grantee cleans up more than 500 waste tires. For information on how to obtain a TPID, visit CalRecycle’s website Waste Tire Generator Requirements
(https://www.calrecycle.ca.gov/Tires/manifest/Participants/Generator/).
Daily Log
Grantees shall maintain a written daily log of the amounts and locations where waste tires are picked up. The purpose of the daily log is for CalRecycle and, if applicable, Local Waste Tire Enforcement grantees to initiate surveillance and pursue enforcement against individuals or businesses that are illegally hauling and disposing of waste tires.
Procedures and Requirements
Local Government Waste Tire Cleanup Grant Program (FY 2022–23) 7 The following are minimum requirements for the daily log:
Total daily pickups of less than 10 waste tires. Grantee shall record the number as “<10 tires” and include the general location, including roads, alleys or addresses surveyed.
Total daily pickups of 10 or more waste tires. Grantee shall record the total number of tires according to the daily waste tire manifest(s) and include the general locations including roads, alleys, or addresses surveyed. Ten or more tires at a single location. Grantee shall record the number of tires picked up separately for that location, provide notation if the pickup is on private property and not from the right-of-way, and record the specific location using global positioning satellite coordinates, a street address, latitude and longitude, odometer reading from reference point, milepost marker, or other method approved by the Grant Manager.
The daily log shall be compiled and be available for review upon request by CalRecycle or the Local Waste Tire Enforcement grantee. Grantee is encouraged to record additional information in the daily log as recommended by the Local Waste Tire Enforcement grantee (if applicable) or local illegal dumping abatement program staff to facilitate potential additional surveillance, enforcement, and cleanup activities.
Examples of additional information to consider include the identification and referral of any individuals committing acts of illegal dumping, the types of waste tires indicating sources (such as truck tires), and the presence of significant illegally dumped wastes other than tires.
Eligible Costs
Grantees may incur eligible costs only during the Grant Term, which starts when the grantee receives a Notice to Proceed from CalRecycle and ends on October 31, 2024. (See “Grant Term” for additional information). All grant expenditures must be for activities, products, and costs specifically included in the approved Work Plan and approved Budget. To be eligible for reimbursement, costs must be incurred after receiving a Notice to Proceed and before the end of the Grant Term. All services must be provided and goods received during this period in order to be eligible costs. Invoices for goods and services must be paid by the grantee prior to the inclusion of those goods or services on a payment request.
Eligible costs are limited to the following:
The cost of collecting less than 5,000 waste tires on private property where the owner is not responsible.
The cost of collecting and loading waste tires into transporting vehicles for waste tire cleanup projects.
The cost of transporting waste tires by a waste tire hauler, registered or exempted by CalRecycle, to a permitted, excluded or exempted waste tire storage facility, or to another authorized solid waste facility. The cost of transporting waste tires for a specific end-use to a CalRecycle approved end-use facility.
• The waste tires must be transported by a CalRecycle approved waste tire hauler to a CalRecycle approved end-use facility.
The cost of disposing of waste tires at a CalRecycle permitted, excluded, or exempted waste tire storage facility or disposal site.
Procedures and Requirements
Local Government Waste Tire Cleanup Grant Program (FY 2022–23) 8 Equipment rental.
Mileage of up to $0.585 per mile (or the rate identified on the CalHR website (https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx) at the time the cost was incurred) for waste tire cleanup related activities. The reasonable cost for labor and materials (not greater than five percent of project costs reimbursed by CalRecycle) for fencing, gates, signs, and other methods to secure the property where illegal dumping has occurred. Any salaries and benefits for personnel directly involved in waste tire cleanup activities including the preparation of payment requests and final progress reports incurred prior to the grant term end date.
Ineligible Costs
Any costs not specifically included in the approved Budget and not directly related to waste tire cleanup and the approved grant project are ineligible for reimbursement. The grantee should contact the Grant Manager if clarification is needed. Ineligible costs include, but are not limited to:
Costs incurred prior to the date that CalRecycle sends the Notice to Proceed email or after October 31, 2024.
Personnel time for preparation of a Local Government Waste Tire Cleanup Grant Program Application.
Cleanup of a site on private property with 5,000 or more tires. Any costs that are not consistent with local, state, and federal laws, and guidelines and regulations.
Personnel costs incurred while an employee, assigned to the waste tire cleanup grant project, is not working on the grant (e.g., use of accrued time such as sick leave, vacation, etc.).
Costs currently covered by or incurred under another CalRecycle funded loan, grant, grant cycle, or contract.
Purchasing or leasing of vehicles.
Overhead (costs for accounting/budget/finance staff, rental/lease of space, utilities, copying, office supplies, etc.).
Costs for obtaining permits and licenses.
Cleanup/removal of waste tires from an operating business where the owner or operator of the property is actively stockpiling tires. Costs of collecting waste tires from waste tire generating businesses that are responsible for contracting with registered waste tire haulers for the removal of their waste tires.
o If it is determined that the Grantee has used grant funds for this purpose, costs incurred will be deemed ineligible.
Research costs for specific end-use projects associated with the site cleanup. Fines or penalties due to violation of federal, state or local laws, ordinances, or regulations.
Personnel travel or per diem costs.
Cameras, cell phones, electronic personal data devices, pagers, and other similar personal electronic devices.
Costs connected with contractor claims against the grantee. Any costs that are unrelated to the grant project or unreasonable as determined by the Grant Manager.
Procedures and Requirements
Local Government Waste Tire Cleanup Grant Program (FY 2022–23) 9 Modifications
The grantee must submit any proposed revision(s) to the Work Plan and/or Budget in writing to the Grant Manager. The grantee may not incur costs or make expenditures based on the revision without first receiving the Grant Manager’s written approval.
Proposed revisions must be clearly marked on the Work Plan and/or Budget and must be accompanied by a summary of proposed changes or modifications, including justification for the proposed changes. If approved, the grant manager will upload the final revised Work Plan and/or Budget to GMS and notify the grantee. The grantee may submit proposed revisions in conjunction with a Progress Report but they cannot be submitted as part of the Progress Report. The grantee should retain the approval document(s) for audit purposes. See the “Audit Record/Access” section of the Terms and Conditions (Exhibit A).
A link to the TCU19 Budget Modification form has been provided on the Summary Tab in GMS.
Acknowledgements
The grantee shall acknowledge CalRecycle’s support each time a project funded, in whole or in part, by this Agreement is publicized in any medium, including news media, brochures, or other types of promotional materials. The acknowledgement of CalRecycle’s support must incorporate the CalRecycle logo. Initials or abbreviations for CalRecycle shall not be used. The Grant Manager may approve deviation from this requirement on a case-by-case basis where such deviation is consistent with CalRecycle’s Communication Strategy and Outreach Plan.
Reporting Requirements
The Grant Agreement requires a Progress Report and a Final Report; however, the Grant Manager may require additional Progress Reports at any time during the Grant Term. Failure to submit the Final Report with appropriate documentation by the due date may result in rejection of the Payment Request and/or forfeiture by the grantee of claims for costs incurred that might otherwise have been eligible for grant funding.
The grantee must upload all reports in GMS. For further instructions regarding GMS, including login directions, see the “Grants Management System” section (above).
To upload a report:
1. Go to the Reports tab.
2. Click on the appropriate Report Type.
3. Click on the Add Document button.
4. Choose the Document Type, enter a document title, click the Browse button to search and upload the document, and then Save.
Select the Back button to upload another document and continue the process until all required documents as listed below are uploaded. The maximum allowable file size for each document is 35MB.
5. Click the Submit Report button to complete your report submittal. The Submit Report button will not be enabled until all required reporting documents are uploaded.
The reports must be current, include all required sections and documents, and must be approved by the Grant Manager before any Payment Request can be processed.
Procedures and Requirements
Local Government Waste Tire Cleanup Grant Program (FY 2022–23) 10
Failure to comply with the specified reporting requirements may be considered a breach of the Grant Agreement and may result in the termination of the Grant Agreement, rejection of the Payment Request, and/or forfeiture by the grantee of claims for costs incurred that might otherwise have been eligible for grant funding. The grantee must report any problems or delays immediately to the Grant Manager.
Electronic and Original Signatures
CalRecycle now allows for certified e-Signature or original wet signature on documents or forms that certify legally binding information.
Note: E-signatures must include the first and last name of the Signature Authority, be in the Adobe Digital ID format (or through another certified digital signature program) and cannot be the “Fill and Sign” function within Adobe. Any documents using the “Fill and Sign” method is considered incomplete and may be sent back to the grantee.
If you have questions, email [email protected].
Progress Report
The grantee must submit a Progress Report with each Payment Request. This report should cover grant activities that occurred from the Notice to Proceed date through the date of the Payment Request. Obtain the Payment Request Checklist and Progress Report (CalRecycle 768) from CalRecycle's Grant Forms web page (https://www.calrecycle.ca.gov/Funding/Forms/).
Final Report
The Final Report is due October 31, 2024. This report should cover grant activities from the Notice to Proceed through October 31, 2024. The grantee must include the following items in the Final Report:
The Grant Number, grantee’s name, and Grant Term.
The following disclaimer statement on the cover page:
“The statements and conclusions of this report are those of the grantee and not necessarily those of the Department of Resources Recycling and Recovery (CalRecycle), its employees, or the State of California. The state makes no warranty, express or implied, and assumes no liability for the information contained in the succeeding text.”
Obtain the Payment Request Checklist and Final Report (CalRecycle 759) from CalRecycle's Grant Forms web page (https://www.calrecycle.ca.gov/Funding/Forms/).
Grant Payment Information
Payment to the grantee for eligible grant expenses is made on a reimbursement basis only, and only for those materials and services specified in the approved grant application.
The grantee must submit the required Progress Report/Final Report prior to, or concurrent with, submission of the Grant Payment Request. No reimbursement is made prior to Grant Manager approval of the report.
Procedures and Requirements
Local Government Waste Tire Cleanup Grant Program (FY 2022–23) 11 The grantee must submit a completed Grant Payment Request and provide supporting documentation as described in the “Payment Request and Documentation” section for completed project(s) only.
CalRecycle will make grant payments to only the grantee. It is the grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services.
CalRecycle will withhold and retain 10 percent of each approved Grant Payment Request amount until all conditions stipulated in the Agreement, including submission and Grant Manager approval of the Progress and Final Reports, have been satisfied.
CalRecycle will make payments to the grantee as promptly as fiscal procedures permit. The grantee can typically expect payment approximately 45 days from the date the Grant Manager approves a Grant Payment Request. The grantee must provide a Reliable Contractor Declaration (CalRecycle 168) (https://www2.calrecycle.ca.gov/Docs/Web/111324) signed under penalty of perjury by the grantee’s contractors and subcontractors in accordance with the “Reliable Contractor Declaration” section of the Terms and Conditions (Exhibit A). The declaration must be received and approved by the Grant Manager prior to commencement of work. See the “Reliable Contractor Declaration” section in Terms and Conditions (Exhibit A) for more information.
Payment Request and Documentation
Failure to submit the final Payment Request with appropriate documentation by the due date may result in rejection of the Payment Request and/or forfeiture by the grantee of claims for costs incurred that might otherwise have been eligible for grant funding.
The grantee must submit payment requests in GMS. For further instructions regarding GMS, including login directions, see the “Grants Management System” section (above).
To submit a Grant Payment Request:
1. Go to the Payment Request tab.
2. Click on the Create a Payment Request button.
a. Choose Reimburse for the Transaction Type and enter the amount spent in each budget subcategory.
b. When the transaction is complete, click the Save button. c. After the transaction is saved, the Upload Supporting Documents button will appear in the lower right corner.
3. Click the Upload Supporting Documents button.
a. Choose the Document Type, enter a document title, click the Browse button to search and upload the document, and then Save. b. Select the Back button to upload another document and continue this process until all required supporting documents as listed below are uploaded.
c. The maximum allowable file size for each document is 35MB.
4. Click the Submit Transaction button, located on the transaction page, to complete your payment request. The Submit Transaction button will not be enabled until all required supporting documents are uploaded. a. Note: Once a transaction is saved, select the transaction number from the Payment Request tab to access it again. Please do not create multiple transactions for the same requested funds.
Procedures and Requirements
Local Government Waste Tire Cleanup Grant Program (FY 2022–23) 12 Supporting Documentation
Grant Payment Request form (CalRecycle 87)
o A scanned copy with the signature of the signatory or his/her designee, as authorized by grantee’s Resolution or Letter of Commitment, must be uploaded to GMS.
Note: A designee may sign on behalf of the grantee if a) authorized by the Resolution or Letter of Commitment, and b) a Letter of Designation has been provided to the Grant Manager.
Cost and Payment Documentation
o Acceptable cost and payment documentation must include at least one of each of the following.
Invoices, receipts, or purchase orders must include the vendor’s name and telephone number, address, description of goods or services purchased, amount due, and date. The claimed expenses should be highlighted and identified as a part of TCU19 on each invoice.
o Proof of payment may include:
copy of cancelled check(s) that shows an endorsement from the banking institution
invoice(s) showing a zero balance, or stamped “paid” with a check number, date paid, and initials
accounting system report from local government if it contains the vendor name, date of invoice, invoice number, check number or internal ID, and date amount was paid
bank statement(s) along with a copy of the endorsed check or invoice showing the check number
copy of an electronic funds transfer confirmation
copy of a credit card statement(s)
o The Grant Manager may require additional cost and payment documentation as necessary to verify eligible costs.
Expenditure Itemization Summary (CalRecycle 745-EIS-TCU) Use this form to document grant expenses, arranged in the same budget categories as the approved Budget. Include only those expenditures authorized in the grant budget. Provide enough detail to allow the Grant Manager to match supporting documentation for each expenditure.
Personnel Expenditure Summary (CalRecycle 165)
Use this form for all grantee claimed personnel expenses. A grantee may use their own personnel expenditure summary form if it includes all the same components as CalRecycle 165. Personnel hours and costs on the Personnel Expenditure Summary must be summarized and totaled by task and staff. It is not necessary to submit timesheets; however, they must be readily available should the Grant Manager, or an auditor, request them. Time must be computed on actual time spent on grant related activities and must be the actual amount paid to the employee. If the Summary shows time spent on additional projects, highlight the entries applicable to the grant. If you are not claiming personnel costs, it is not necessary to submit a Personnel Expenditure.
Procedures and Requirements
Local Government Waste Tire Cleanup Grant Program (FY 2022–23) 13 Waste Tire Manifests
Grantee must provide documentation showing the transportation of all waste tires to an eligible facility. This can be in the form of waste tire manifest copies, or a spreadsheet approved by the Grant Manager.
Payment Requests will be reviewed for accuracy and cost eligibility. The Grant Manager may request additional documentations and will adjust as necessary.
Payments will be approved when the Grant Manager determines that the request is accurate, complete, eligible, and accompanied by all required documentations. All costs and activities claimed for reimbursement must be approved in the Budget. If the Grant Manager determines that an activity or cost is ineligible, inappropriate, excessive, unreasonable, or not related to the Grant, reimbursement will be adjusted accordingly.
All forms listed above are available from the CalRecycle Grant Forms web page (https://www.calrecycle.ca.gov/Funding/Forms).
Electronic and Original Signatures
CalRecycle now allows for certified e-Signature or original wet signature on documents or forms that certify legally binding information.
Note: E-signatures must include the first and last name of the Signature Authority, be in the Adobe Digital ID format (or through another certified digital signature program) and cannot be the “Fill and Sign” function within Adobe. Any documents using the “Fill and Sign” method is considered incomplete and may be sent back to the grantee.
Audit Considerations
The grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant subject to possible audit for a minimum of three (3) years after final payment date or Grant Term end date, whichever is later. CalRecycle may stipulate a longer period of records retention in order to complete any action and/or resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later.
Examples of audit documentation include, but are not limited to, competitive bids, grant amendments if any relating to the Budget or Work Plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices, and cancelled checks. Please refer to the Terms and Conditions (Exhibit A) for more information.
Attachment C
1 Cambria Carroll
From: Aggergaard, Cathy@CalRecycle <[email protected]> Sent: Friday, October 7, 2022 3:28 PM
To: Cambria Carroll
Cc: Dana Armstrong; Doug Mathews; Jenele Davidson
Subject: Notice To Proceed – TCU19 – Waste Tire Cleanup – FY 2022-23 – City of Victorville Attachments: City of Victorville TCU19-22-0038 Grant Agreement - signed.pdf Importance: High
[EXTERNAL EMAIL]: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Cambria:
This email is your Notice to Proceed, which authorizes you as of the date of this correspondence to incur costs for your grant project.
Attached is a copy of your executed Grant Agreement Cover Sheet (CalRecycle 110). Please review all Grant Agreement provisions to ensure that grant work performed and costs incurred are in compliance with the Grant Agreement. Remember that you are responsible for managing your contractors, subcontractors, and other agents and ensuring their compliance with the Grant Agreement provisions.
Remember that should you hire a contractor, you must provide a declaration signed under penalty of perjury by the contractor(s) stating that within the preceding (3) years, none of the events listed in Section 17050 of Title 14, California Code of Regulations. The declaration(s) must be received and approved by the Grant Manager prior to commencement of work. The Reliable Contractor Declaration Form (CalRecycle 168) is located on our website
Please keep me informed of changes to your staff contact, address, phone number, etc. If you have any questions regarding your project, please contact me at (916) 341-6384 or [email protected].
Sincerely,
Cathy Aggergaard
Grant Manager
Resources Recycling & Recovery
(916) 341‐6384
[email protected]
Hours 6:00 – 3:30
Item Number: 5
City Council / Board of Directors
Consent Calendar
Meeting of: November 1, 2022
Submitted By:
Brian Gengler, City Engineer
Subject:
Full Release of Labor and Materials Securities for Case No. ESUB19-00003 Recommendation:
That the City Council approve the full release of the Labor and Materials securities for case ESUB19-00003.
Fiscal Impact:
There is no fiscal impact associated with this action.
Background:
The Developer, I-15/Victorville, LLC (Developer), for Parcel Map No. 20141 located on Mariposa Road south of Nisqualli Road, was required to install public improvements as a condition of approval, per Planning Commission Resolution No. P-19-011. The required public improvements for the subdivision include the construction of a raised median, commercial sidewalk, and driveway approaches on Mariposa Road, and the installation of a traffic signal at the intersection of Mariposa Road and the southerly driveway approaches. As part of the entitlement process, the City approved a phasing plan for the subdivision. Phase I includes the frontage improvements along the westerly parcels, the installation of the center median, and the installation of the traffic signal.
Discussion:
At the April 5, 2022, City Council meeting, an 80-percent reduction of the Public Improvements Faithful Performance Securities for ESUB19-00003 were approved and accepted by the City for Phase I. The securities provided also include the Phase II improvements. The Developer is unsure when the easterly parcels will be developed, therefore a Land Division Construction Improvement Agreement for the easterly parcels was approved during the same meeting. Per Victorville Municipal Code §17.64.070(3), the Labor and Material securities should be released after a six-month period from 2 8
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completion and acceptance of work. Therefore, staff recommends that the City Council approve the full release of the Labor and Materials securities for case ESUB19-00003.
Staff remains available for any questions the Council may have.
Attachments: A. Vicinity Map
B. April 5, 2022 Staff Report
C. Securities Table
D. Existing Securities
Attachment A
Vicinity Map
Attachment B
April 5, 2022 Staff Report
Item Number: 11
City Council / Board of Directors
Consent Calendar
Meeting of: April 5, 2022
Submitted By:
Brian Gengler, City Engineer
Subject:
Reduction of Public Improvement Security for Case No. ESUB19-0003 Recommendation:
That the Honorable City Council:
(1) Approve the reduction of 80 percent for the Public Improvements Faithful Performance Security;
(2) Accept the Phase I Improvements for maintenance; and (3) Approve a Land Division Construction Improvement Agreement for the Phase II Improvements.
Fiscal Impact:
There is no fiscal impact associated with this action.
Background:
The Developer, I-15/Victorville, LLC (hereinafter referred as “Developer”), for Parcel Map No. 20141 located on Mariposa Road south of Nisqualli Road, was required to install public improvements as a condition of approval, per Planning Commission Resolution No.
P-19-011. The required public improvements for the subdivision include the construction of a raised median, commercial sidewalk, and driveway approaches on Mariposa Road, and the installation of a traffic signal at the intersection of Mariposa Road and the southerly driveway approaches.
As part of the entitlement process, the City approved a phasing plan for the subdivision.
Phase I includes the frontage improvements along the westerly parcels, the installation of the center median, and the installation of the traffic signal. The development of Parcel 4, which ultimately became the recently completed Mega-Mart Fueling Station, triggered the Phase I Improvements. Phase II Improvements include sidewalk installation along the easterly parcels which will be required when those parcels are developed. 2 4
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Discussion:
The Developer has completed the required Phase I Improvements satisfactorily in accordance with City Plan No. P-1117 (street, striping & signage, and traffic signal improvements). Since passing of all applicable inspections, Phase I Improvements are ready to be accepted in accordance with Victorville Municipal Code §17.64.070(1).
At this time, it is appropriate that the Developer receive a reduction of 80 percent of the Public Improvements Faithful Performance Security for case ESUB19-0003. The Engineering Department recommends that the Honorable City Council approve the reduction of 80 percent for the Public Improvements Faithful Performance Securities and accept the Phase I improvements. The remaining 20 percent of the faithful performance securities will be held for the one-year warranty period in accordance with Victorville Municipal Code §17.64.070 (4) and the entirety of the Labor and Materials security will be held for six months in accordance with Victorville Municipal Code §17.64.070 (3).
Since the securities provided includes Phase II Improvements and at this time, the Developer is unsure when the easterly parcels will be developed, the Engineering Department recommends the execution of a Land Division Construction Improvement Agreement for the easterly parcels.
Staff remains available for any questions the City Council may have.
Attachments: A. Vicinity Map
B. Existing Securities Table
C. Land Division Construction Improvement Agreement
Attachment C
Securities Table
Existing Securities Table
D
eveloper:
I-15/Victorville, LLC
2552 Walnut Ave, Suite 230
Tustin, CA 92780
Faithful Performance Security
Public Improvements – No. SU1162362
Labor & Materials Security
Public Improvements – No. SU1162362
Amount of ORIGINAL Security: $670,065.00 Amount of ORIGINAL Security: $335,032.50 Amount of Security CURRENTLY: $134,013.00 Amount of Security CURRENTLY: $335,032.50 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $335,032.50 Amount of Security REMAINING: $134,013.00 Amount of Security REMAINING: $0.00 Attachment D
Existing Securities
Item Number: 6
City Council / Board of Directors
Written Communications
Meeting of: November 1, 2022
Submitted By:
Joe Slegers, Building Official
Subject:
Doris Davies Recreation Center Roof Restoration Project, Change Order No. 1 Recommendation:
That the Honorable City Council:
1) Adopt Resolution No. 22-120 approving an additional appropriation of $32,749.30 for the Doris Davies Recreation Center Roof Restoration Project in the Fiscal Year 2022/2023 annual budget; and 2) Approve Change Order No. 1 to the Construction Agreement with 4 Seasons Roofing, Inc. for the Doris Davies Recreation Center Roof Restoration Project in the amount of $89,960.00.
Fiscal Impact:
This project is funded by Measure P (Fund 105), account 1056004F-55060-80048 with a project budget of $166,410.70. A Construction Agreement for the project was previously awarded to 4 Seasons Roofing, Inc. in the amount of $109,200.00 (Attachment C). There is a current balance of $57,210.70 remaining in the project account. An additional appropriation of $32,749.30 from Measure P funds is needed to cover the cost of Change Order No. 1 in the amount of $89,960.00.
There are sufficient funds in the Measure P fund balance to cover this additional appropriation.
Background:
The Facilities Division has established a list of City facilities in need of roof repairs and has been making progress with restoration projects as funding permits. Restoration of the roof at Doris Davies Recreation Center, located at 16305 Hughes Road, was identified as the next priority due to the severity of leaks and potential damage to the interior structural beams and columns.
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The City of Victorville Strategic Plan 2020-2023 identifies multi-year strategic goals and various strategies to work toward achieving those goals. Goal E, Invest in Infrastructure, focuses on creating a healthy and livable community by maintaining the city’s assets through investment in infrastructure and innovations. In accordance with one strategy outlined within the plan, Council adopted the Parks and Recreation Master Plan on December 15, 2020, and staff have been working to implement recommendations therein.
The Park and Recreation Master Plan outlines the need to address deferred maintenance throughout the parks system (Objective 3.1) and a plan for remodel for the Doris Davies facilities (Objective 3.6.d). The new roofing system will preserve the existing facility so that it can be renovated to offer indoor space to better meet the recreational needs of the community.
On March 29, 2022, a Notice Inviting Bids on a WeatherWeld roofing system or equivalent product for the Doris Davies Recreation Center Roof Restoration, Project CC22-104, was sent to fourteen contractors, posted on Ebidboard.com and the City’s website as required by the City’s purchasing section of the municipal code. A mandatory pre-bid meeting and job walk was held on April 14, 2022, and bids were due by April 28, 2022. The following is a summary of the five bids received:
Contractor Location Bid
4 Seasons Roofing, Inc. Montebello, CA $109,200.00
FC & Sons Bell Gardens, CA $122,787.00
McDonnell Roofing Riverside, CA $144,000.00
Riteway Fontana, CA $144,922.00
Chapman Coast Fullerton, CA $198,357.00
After review and tabulation of the bid proposals, it was determined that 4 Seasons Roofing, Inc. was the lowest responsive and responsible bidder.
On July 21, 2022, staff submitted a memo to the City Manager requesting the award of contract to 4 Seasons Roofing, Inc. for the Doris Davies Recreation Center Roof Restoration Project for the price of $109,200.00, pursuant to the City Manager’s purchasing authority under VMC 2.28.200(b)(7). Through experience with other roofing projects, staff anticipated the potential for change orders in the event any underlying damage were to be discovered after the existing roofing system was removed.
Discussion:
Construction on this project started on October 17, 2022, with a roofing crew working to demolish the existing roof system. The existing roof system of the pump house, racquetball courts and lifeguard storage were removed, exposing the plywood deck. It was discovered that approximately 352 square feet of plywood deck and two plastic roof drains are in need of replacement. Upon removing the existing roof over the lobby, restrooms and locker rooms, more significant damage was discovered.
Due the severity of the damage, the conditions were reviewed by the Building Official, and it has been recommended that the entire roof deck of this section be replaced. In 2 8
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total, 4,066 square feet of plywood deck are in need of replacement, along with 106 linear feet of fascia board. The photos in Attachment B display the damage that was discovered.
In addition, staff has requested rain gutters to be installed on the upper roof to divert rain runoff from falling to the roof section below. This will aid in keeping water from sitting on the lower roof and assist in preventing future water damage to the lower roof.
Staff recommends that the City Council adopt Resolution No. 22-120 to approve an additional appropriation in the amount of $32,749.30 for the Doris Davies Recreation Center Roof Restoration Project and approve Change Order No. 1 to the Construction Agreement with 4 Seasons Roofing, Inc. in the amount of $89,960.00 to address the additional scope of work required to remedy the underlying roofing conditions discovered after the project was initiated (Attachment D).
Staff is available for questions.
Attachments: A. Resolution No. 22-120
B. Photos
C. Construction Agreement
D. Change Order No. 1
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Attachment A
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RESOLUTION NO. 22-120
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2022-2023; APPROVING AN
ADDITIONAL APPROPRIATION FOR THE DORIS DAVIES RECREATION CENTER ROOF RESTORATION PROJECT, CC22-104
WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expenditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2022-2023; and WHEREAS, copies of said budget were prepared and distributed to the City Council, approved by the City Council prior to June 30, 2022 and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and WHEREAS, after preparation of the budget, a need to amend the budget is being recommended to the Council for approval; and
WHEREAS, the City Manager or his designee will provide all necessary justification for the budget amendment as an attachment to this resolution or in the associated City Council agenda report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the annual budget for the fiscal year 2022-2023 for the City of Victorville be hereby amended to reflect a change in the amounts and associated accounts listed below and as described in the corresponding Agenda Item.
Account Amount Adjusted
1056004F- 55060 - 80048 $32,749.30
SECTION 2. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by City departments, offices and subsidiary districts of the City.
SECTION 3. This Resolution shall take effect immediately upon its adoption.
Attachment B
Attachment C
CONSTRUCTION AGREEMENT
BY AND BETWEEN
THE CITY OF VICTORVILLE
AND
4 SEASONS ROOFING, INC.
FOR
DORIS DAVIES RECREATION CENTER ROOF RESTORATION,
PROJECT CC22-104
THIS CONSTRUCTION AGREEMENT (the "Agreement") is made and entered into by and between the City of Victorville, a municipal corporation located in the County of San Bernardino, State of California, hereinafter referred to as the "City", and 4 Seasons Roofing, Inc., a California corporation, hereinafter referred to as the "Contractor". The City and the Contractor are sometimes hereinafter referred to as a "Party" and collectively referred to as the "Parties." RECITALS:
WHEREAS, the City requires Doris Davies Recreation Center Roof Restoration (the Project); and
WHEREAS, in light of the facts set forth above, the City desires to retain Contractor in connection with Doris Davies Recreation Center Roof Restoration; and
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth herein.
Section 2. TERM OF AGREEMENT
This Agreement shall commence within Fifteen (15) Calendar Days after issuance of Notice to Proceed (the "Commencement Date") and shall terminate upon completion of the Project Forty five Calendar Days after Commencement Date (the "Termination Date"), unless sooner terminated in accordance with the provisions of this Agreement (the "Term"). From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month to-month basis until terminated pursuant to Section 3 below.
Section 3. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination. 1 Construction Agreement/4 Seasons Roofing, Inc/Project CC22-104 b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.
Section 4. CONTRACT DOCUMENTS; PRIORITY
a. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference. Said Contact Documents are intended to be correlative and constitute Contractor's performance obligations:
1. This Agreement.
2. Exhibits A & B.
3. Notice Inviting Bids for the Project.
4. Specifications for the Project.
5. Special Provisions.
6. Faithful Performance and Payment Bond.
7. Non-Collusion Declaration.
8. Guaranty.
b. Interpretation. In the event of any conflict between any of the Contract Documents, the document highest in the order of precedence (from highest to lowest), as set forth in Subsection
4.a above shall control.
Section 5. CONTRACTOR'S OBLIGATIONS
Contractor shall complete the Project as specifically set forth in the Contract Documents.
Contractor shall furnish, at its own cost and expense, all labor, services, material, tools, equipment, supplies, transportation, and any other items and facilities necessary therefore, as provided in the Contract Documents.
Section 6. COMPENSATION
The Contractor agrees to receive and accept the following amount, not to exceed One Hundred Nine Thousand Two Hundred and 00/100 Dollars ($109,200.00), as full compensation for furnishing; all materials, doing all the work contemplated and embraced in this contract, all loss or damage arising out of the nature of the work aforesaid, the action of the elements, any unforeseen difficulties or obstructions which may arise or be encountered in the execution of the work until its acceptance by the City, and for all risks of every description connected with the work, all expenses incurred by or in consequence of the suspension or discontinuance of work well and faithfully completing the whole work, thereof, according to the requirements of the agreement documents and to the satisfaction of Joseph Siegers, Building Official, or his designee, to wit: See Exhibit "A", Scope of Work.
Section 7. BID PROPOSAL FORMS
The City shall pay Contractor as provided in the Bid Proposal Forms, attached hereto as Exhibit "B", and incorporated herein by this reference as though set forth in full, subject to approval 2 Construction Agreement/4 Seasons Roofing, Inc/Project CC22-104 of the City, when applicable.
Section 8. PREVAILING WAGES
a. State Wages- In accordance with the provisions of California Labor Code Sections (1720,1770-1776, 1810, 1813 and 1815, as amended and applicable), the State Director of Industrial Relations has determined the general prevailing rates of per diem wages in the locality where the Project is to be done. Copies of the updated Wage Determination rates are available from the CITY and the State of California via the internet at www.dir.ca.gov. Additionally, copies of the prevailing rate of per diem wages and federal wage decision rates are on file at the City of Victorville Finance Department and shall be made available for review to any interested party on request. Notwithstanding anything in the Contract Documents to the contrary, Contractor and all subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the work contemplated by this Contract. Contractor shall be responsible for using the correct and current prevailing wage rates. b. AB219 (as applicable) adds Section 1720.9 to the Labor Code, the hauling and delivery of ready-mixed concrete to carry out a public works contract, with respect to contracts involving state agency or any political subdivision of the state. Section 1720.9 defines the term "ready-mixed" concrete and specifies that the rate of pay shall be the current prevailing wage "for the geographical area in which the factory or batching plant is located" as determined by the DIR.
The statute also requires a written agreement between the party hauling or delivering the ready mixed concrete and the party that engaged its services. Nothing in Section 1720.9 shall cause any company to be treated as a contractor or subcontractor for any purpose other than the application of this chapter of the Labor Code.
c. The delivery company shall provide certified payroll records under Labor Code section 1776(a) to the party that engaged its services and to the general contractor within five working days after the employee has been paid, accompanied by a written time record within five working days after the employee has been paid, accompanied by a written time record. The time record must be certified by each driver for the performance of job duties. d. Contractor shall be solely responsible for using the correct wage decision or determination and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct State prevailing wage and compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at work site, employment of apprentices, and other requirements of California Labor Code Section 1720, et seq.; California Code of Regulations, Title 8, Section 16000 et seq.; and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all its subcontractors.
NOTE: Copies of the Certified Payrolls, Proof of Payroll submissions and appropriate Lien· Releases are required with each invoice to the City. Payment of the invoice may be delayed when Payroll related documents and/or lien releases are not included with the invoice. An error on the part on any awarding body does not relieve the Contractor from responsibility for payment of the prevailing wage of per diem wages and penalties pursuant to Labor Code (1770 - 1776).
3 Construction Agreement/4 Seasons Roofing, Inc/Project CC22-104 Section 9. WORKERS' COMPENSATION INSURANCE
Contractor shall procure and maintain, at its own expense, during the Term of this Agreement, workers' compensation insurance, providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by Contractor is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City.
In conformance with current statutory requirements of Section 1860 et seq., of the Labor Code of the State of California, the undersigned confirms the following as their certification:
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract.
Section 10. NOTICE TO PROCEED
No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City. Contractor shall commence work pursuant to the Contract Documents as directed by the City in the Notice to Proceed, and to diligently execute the same to completion within the time limits set forth in the Contract Documents.
Section 11. COMPLIANCE WITH LAWS
Contractor shall comply with all local, state, and federal laws and regulations applicable to the performance of the work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor, its employees, officers, board members, agents, independent contractors, and subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses shall be held or obtained by the Contractor at its sole expense.
Section 12. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY
INSURANCE
Contractor shall procure and maintain at its own expense, during the term of this Agreement, commercial general liability insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers, and agents and independent contractors.
Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) Combined Single Limit, covering any vehicle(s) utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the services required by this Agreement. 4 Construction Agreement/4 Seasons Roofing, Inc/Project CC22-104 Section 13. COURSE OF CONSTRUCTION/INLAND MARINE INSURANCE Contractor, and or any of its subcontractors, suppliers, vendors, employees, or person whom it performing any work under this agreement shall purchase, and maintain insurance to the full contract and insurable value thereof commonly referred to as a Course of Construction, Builders' Risk, or an Inland Marine policy that offers "Installation" coverage for all materials, supplies, equipment, and property obtained by, or for Contractor, which is to become part of the work while such equipment and property is stored at the jobsite, at temporary locations, or while in transit to the project from such temporary locations. Contractor, and or any of its subcontractors, suppliers, vendors, employees, or person whom is performing any work under this agreement shall also be responsible for insuring their owned, leased/rented or borrowed equipment. Insurance should also include a Loss Payee, and a Waiver of Subrogation Endorsement(s) in favor of the City of Victorville.
Section 14. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers, and agents and independent contractors, including, without limitation, the City Attorney, are named as Additional Insureds.
Section 15. WAIVER OF SUBROGATION RIGHTS
Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City and its officers, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
Section 16. PROOF OF INSURANCE COVERAGE; REQUIRED PRIOR TO
COMMENCEMENT OF SERVICES
a. Contractor shall secure from a good and responsible company or companies authorized to do insurance business in the State of California the policies of insurance required by this Agreement and furnish to the City Clerk certificates of said insurance at least one (1) day prior to the commencement of any services to be performed under this Agreement. b. The certificates of insurance shall bear an endorsement whereby it is provided that, in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of non-payment, ten (10) days' advance written notice shall be given.
c. The certificates of insurance shall bear an endorsement whereby it is provided that the respective insurance policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration. d. The certificates of insurance shall indicate that the respective insurance policy will be maintained throughout the Term of this Agreement.
e. The Commercial General Liability and vehicle liability policies shall be endorsed to contain the following provision: "For any claims related to this Contract, Contractor's service 5 Construction Agreement/4 Seasons Roofing, Inc/Project CC22-104 coverage shall be primary with respect to the City. Any insurance maintained by the City shall be in excess of Contractor's insurance and shall not contribute to it.
Section 17. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 18. INDEMNIFICATION
Notwithstanding the limits of any insurance, Contractor shall indemnify the City, its officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the City its officials, officers, agents, volunteers or employees, and in connection therewith:
a. Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
b. Contractor will promptly pay any judgment rendered against the City, its officials, officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's ( or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officials, volunteers, officers, agents, and employees harmless there from;
c. In the event the City, its officials, officers, agents, volunteers or employees is made a Party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officials, volunteers officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City; d. Contractor's duty to defend and indemnify as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter-Cologne Water Quality Control Act, as any of those statutes may be amended from time to time; 6 Construction Agreement/4 Seasons Roofing, Inc/Project CC22-104 The Contractor's indemnification obligations pursuant to this Section shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.
Section 19. REPORTS
Upon request by Joseph Siegers, Building Official, or his designee, Contractor shall prepare and submit reports concerning Contractor's performance of the work required by this Agreement.
Section 20. RECORDS
a. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Joseph Siegers, Building Official, or his designee, to evaluate the cost and the performance of such services. b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. Joseph Siegers, Building Official, , or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. d. Records and supporting documents pertaining to the use of funds paid to Contractor hereunder shall be retained by Contractor and made available to Joseph Siegers, Building Official, or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.
Section 21. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both Parties.
Section 22. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Contractor with respect to the subject matter of this Agreement.
b. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement and the Contract Documents. c. No agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.
Section 23. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree 7 Construction Agreement/4 Seasons Roofing, Inc/Project CC22-104
Attachment D
October 25, 2022
CITY OF VICTORVILLE Re: CITY OF VICTORVILLE PROJECT CC221-104 Attn: Eddie Gleason DORIS DAVIES RECREATIONAL CENTER 14343 Civic Drive PUBLIC POOL/RAQUETBALL BUILDING Victorville, California 92393 16451 Pebble Beach Drive Victorville, California 92395
CHANGE ORDER/PROPOSAL
Mr. Gleason,
SCOPE OF WORK :
The work consists of furnishing all labor, equipment, materials, supervision and partial services as may be necessary to complete the Wood Replacement/Repair in accordance with existing conditions installation, specification and guidelines at section as follows :
DESCRIPTION OF WORK :
POOL/RAQUETBALL BUILDING :
1.Wood deck replacement ½” CDX#1 plywood approx. 4,066 square ft. (127 Pieces) @ 18.87 per sq. ft.:.. $ 76,725.42
2. Roof Drain Replacement over Pump Building Two (2) units @ $ 2,690.00 per unit:….…………$ 5,380.00
3. Additional Box Raingutter over Raquetball Building Approx. 32’ including 40’ Downspout:…….$ 2,989.18
4. Wood FACIAL replacement of 106’ feet of 2” X 12” @ $45.90 per Ft.:………………………....... $ 4,865.40
1300 W. Colegrove Ave. Montebello, California 90640 Tel: 323 726 9615 Fax: 323 726 9871 Fully Insured & Bondable [email protected] License # 857018
Doris Davies Recreational Park
Victorville, California 92395
EXCLUSIONS :
1. Sheet metal related items, Raingutters other than specified. 4. Permits, Special fees required.
2. Temporary roofing or temporary weather protection.
3. All other work not specifically stated under scope of work above.
CITY OF VICTORVILLE TO:
1. Provide an uninterrupted access to the worksite during full applications.
CONTRACTOR TO:
1. Provide workers comp. and liability insurance during work to be performed.
2. Provide Bond's as per contract for roof application. (if applicable)
PAYMENT TERMS :
The buyer shall pay the seller progress payments. The remaining balance is due upon completion.
Substantial commencement of the work shall occur when materials have been delivered to the Job address. The contract sum shall be Eighty-Nine Thousand Nine Hundred Sixty U.S. dollars, subject to additions and deletions as provided in the contract documents and or change orders.
Price to apply weatherweld seamless roof system : …$ 89,960.00______.
Breakdown:
1. Price for roof wood replacement: ……..... $89,960.00________.
Sincerely,
Accepted By:_____________________________.
4 SEASONS ROOFING, INC.
Anibal Cabral Print Name: ______________________________.
President
Title:___________________. Date:____________.
Item Number: 7
City Council / Board of Directors
Written Communications
Meeting of: November 1, 2022
Submitted By:
Doug Mathews, Director of Public Works and Water
Subject:
CalRecycle SB 1383 Organic Waste Recycling Grant Payment Program Recommendation:
That the Honorable City Council adopt Resolution No. 22-117 to:
1) Authorize acceptance of the CalRecycle SB 1383 Organic Waste Recycling Grant; 2) Authorize the City Manager or his designee to process all documents required for program administration;
3) Ratify the associated expenditure plan; and
4) Approve a budget amendment for Fiscal Year 2022-2023 to appropriate $167,748.00 in both revenue and expenditures related to the SB 1383 Organic Waste Recycling Grant as awarded by CalRecycle.
Fiscal Impact:
Acceptance of the SB 1383 Organic Waste Recycling Grant will increase the City’s Fiscal Year 22-23 revenue budget by $167,748.00 (2704011-43110-21377) and increase expense appropriations by an equal amount in the following account numbers:
2704011-52300-21377- $85,000 for Contract Services
2704011-52170-21377- $50,000 for Advertising
2704011-52110-21377- $30,748 for Supplies
2704011-51100-21377 -$ 2,000 for Personnel
There is no requirement for the City to provide matching funds. Funds are tracked through City budget Org 2704011 (CalRecycle SB1383) and Project 21377 (Cycle OWR2).
Background:
California Senate Bill (SB) 1383 was enacted in 2016 and established methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants. This bill required the California Department of Resources Recycling and 2 8
3 4
Recovery (CalRecycle) to adopt regulations to achieve the targeted goals for reducing organic waste disposal in landfills. The established SB 1383 regulations are wide-ranging, imposing multiple requirements on local jurisdictions, haulers, waste generators, landfill operators, and recycling facility operators.
Grant funding was available pursuant to Chapter 395, Statutes of 2016 and SB170 Budget Act of 2021 which provides for distribution of $60,000,000 of funding to local jurisdictions. Funding is provided in advance of expenditures to assist with the implementation of regulation requirements associated with SB 1383, including but not limited to: capacity planning, collection, edible food recovery, education and outreach, enforcement and inspection, program evaluation, procurement requirements and record keeping. This non-competitive grant used population figures for determination of amounts, with the City eligible for $167,748.00 in funding.
The City Council previously authorized application for CalRecycle Payment Program Grants by adopting City Council Resolution No. 20-003 at the February 18, 2020, City Council meeting. The resolution authorized the City to apply for “any and all payment programs offered” from CalRecycle. The resolution also authorized the City Manager or his/her designee to serve as Signature Authority to execute all documents necessary to implement and secure payment. This authorization was utilized to submit the SB 1383 Organic Waste Recycling Grant application on February 1, 2022.
CalRecycle notified the City on September 19, 2022, that the grant had been approved.
Grant funds for the CalRecycle OWR2 funding cycle must be fully expended by September 2, 2024.
Discussion:
In accordance with the City’s grant policy and CalRecycle requirements, staff is seeking Council authorization for acceptance of the grant award, authorization for the City Manager or designee to process all documents required for program administration, ratification of the associated expenditure plan, and approval of a FY 2022-2023 budget amendment related to the Cycle OWR2 SB 1383 Organic Waste Recycling Grant in the amount of $167,748.00.
The grant expenditure plan is used to supplement other resources available under the Solid Waste and Landfill Mitigation budgets for the implementation of SB 1383 requirements. The grant expenditure plan calls for $85,000 for contract services to procure software to administer the compliance and enforcement of SB 1383, $50,000 for advertising to provide educational outreach to the community, $30,748 for supplies to purchase the items required to monitor compliance, and $2,000 for personnel costs.
Staff remains available for any questions the Council may have.
Attachments: A. Resolution No. 22-117
B. CalRecycle – Procedures and Requirements SB 1383 Local 2 8
3 4
Assistance Grant Program
C. Copy of Check
Attachment A
Resolution No. 22-117
RESOLUTION NO. 22-117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, CALIFORNIA, AUTHORIZING ACCEPTANCE OF THE
SB 1383 LOCAL ASSISTANCE GRANT PROGRAM, CYCLE OWR2;
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE ALL NECESSARY DOCUMENTS TO IMPLEMENT THE
GRANT; RATIFYING THE ASSOCIATED EXPENDITURE PLAN; AND
AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2022-2023 TO
APPROVE ADDITIONAL APPROPRIATIONS AND ADDITIONAL
REVENUE AND EXPENDITURES ASSOCIATED WITH THE GRANT
WHEREAS, pursuant to Public Resources Code § 14581(a)(3)(A) of the CA Beverage Container and Litter Reduction Act et seq. the California State Department of Resources Recycling and Recovery (CalRecycle) distributes payments to qualifying jurisdictions for implementation of SB 1383 activities; and WHEREAS, the Victorville City Council previously adopted Resolution No. 20- 003 on February 18, 2020, which authorized the City to apply for CalRecycle payment program grants; and
WHEREAS, CalRecycle has notified the City that grant funds have been awarded to the City for SB 1383 Local Assistance Grant Program, Cycle OWR2; and WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expenditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2022-2023; and WHEREAS, copies of said budget were prepared and distributed to the City Council, approved by the City Council prior to June 30, 2022 and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and WHEREAS, after preparation of the budget, a need to amend the budget is being recommended to the Council for approval; and
WHEREAS, the City Manager or his designee will provide all necessary justification for the budget amendment as an attachment to this resolution or in the associated City Council agenda report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The City of Victorville is authorized to accept SB 1383 Local Assistance Grant Program, Cycle OWR2 grant funds from CalRecycle.
Section 2. The City Manager or his designee is hereby authorized as Signature Authority to execute all documents necessary to implement the grant.
Section 3. The expenditure plan submitted with the grant application and outlined in the corresponding Agenda Item is hereby ratified and the annual budget for the fiscal year 2022-2023 for the City of Victorville is hereby amended to reflect a change in the amounts and associated accounts listed below.
Account Amount Adjusted
2704011-43110-21377 (Revenue) $167,748.00
2704011-52300-21377 (Expenditure) $85,000.00
2704011-52170-21377 (Expenditure) $50,000.00
2704011-52110-21377 (Expenditure) $30,748.00
2704011-51100-21377 (Expenditure) $2,000.00
Section 4. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by City departments, offices, and subsidiary districts of the City.
Section 5. This Resolution shall take effect immediately upon its adoption.
Attachment B
Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22)
Second Round Funding
1 January 2022
Department of Resources Recycling and Recovery
Exhibit B
Procedures and Requirements
SB 1383 Local Assistance Grant
Program
Second Round Funding
Fiscal Year 2021–22
Copies of these Procedures and Requirements must be shared with both the Grantee’s Finance Department and the staff responsible for implementing the grant activities.
Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22)
Second Round Funding
2 Table of Contents
Introduction ................................................................................................................... 3 Milestones ...................................................................................................................... 3 Grants Management System (GMS) ............................................................................. 3 Accessing the Grant .................................................................................................... 3 Contact Updates .......................................................................................................... 4 Prior to Commencing Work .......................................................................................... 5 Reliable Contractor Declaration ................................................................................... 5 Grant Term ..................................................................................................................... 6 Eligible Costs ............................................................................................................... 6 Ineligible Costs ............................................................................................................ 7 Modifications ................................................................................................................ 8 Acknowledgements ..................................................................................................... 8 Reporting Requirements .............................................................................................. 9 Electronic and Original Signatures .............................................................................. 9 Progress Report ........................................................................................................ 10 Final Report ............................................................................................................... 10 Grant Payment Information ........................................................................................ 10 Expenditure Itemization Summary and Documentation ......................................... 11 Unspent Funds ....................................................................................................... 12 Audit Considerations ................................................................................................. 12
Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22)
Second Round Funding
3 Introduction
The Department of Resources Recycling and Recovery (CalRecycle) administers the SB 1383 Local Assistance Grant Program. These Procedures and Requirements describe project and reporting requirements, report due dates, report contents, grant payment conditions, eligible and ineligible project costs, project completion and closeout procedures, and records and audit requirements.
This document is attached to, and incorporated by reference, into the Grant Agreement.
Milestones
September 1, 2022: Grant Term Begins
March 1, 2023: Expenditure Itemization Summary 1 Due
• C overing expenses from September 1, 2022 through February 28, 2023 September 1, 2023: Expenditure Itemization Summary 2 Due • C overing expenses from March 1, 2023 through August 31, 2023 March 1, 2024: Expenditure Itemization Summary 3 Due
• C overing expenses from September 1, 2023 through February 29, 2024 September 2, 2024: Expenditure Itemization Summary 4 Due • C overing expenses from March 1, 2024 through September 2, 2024 September 2 2024: Final Report Due
• C overing activities from September 1, 2022 through September 2, 2024 September 2, 2024: Grant Term End
Note: These dates are subject to change. If they change, Grant Managers will notify the Awardees immediately.
Grants Management System (GMS)
GMS is CalRecycle’s web-based grant application and Grants Management System.
Access to GMS is secure; grantees must log in using a WebPass. WebPass accounts are tied to a specific email address. If an email address changes, or if it becomes inactive, the grantee must create a new WebPass account to continue accessing GMS.
Establish or manage a WebPass at CalRecycle’s WebPass page (https://secure.calrecycle.ca.gov/WebPass/).
Accessing the Grant
Grantees must log in to GMS (https://secure.calrecycle.ca.gov/Grants) using their web pass. After logging in, locate the grant in the My Awarded/Open Grants table and select the Grant Management link. The Grant Management Module includes the following sections:
Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22)
Second Round Funding
4 • Summary tab: Shows approved budget, paid and remaining amounts. (This section is available to the grantee in read-only mode.) • Payment Request tab: Grantee uploads expenditure documentation. • Reports tab: Grantee uploads required reports.
• Documents tab: Grantee uploads all other grant documents that are not supporting documents for an expenditure or a report. This section also provides access to documents that were uploaded within other sections of GMS.
Follow the instructions in GMS to work in the system. The following sections describe the reports, transactions, and supporting documents CalRecycle requires.
Contact Updates
Access to the grant is limited to those listed in the Contacts tab of the Application Module with the “Allow Access” check box marked. A contact may be listed but not granted access by not checking the box. Please note, if a contact is granted access to a grant they will be able to edit contacts, submit payment requests, upload reports, and view all documents. Those with access may update contact information for all contact types except Signature Authority. Email the assigned Grant Manager regarding any changes to Signature Authority information.
Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22)
Second Round Funding
5 Prior to Commencing Work
Prior to commencing work under this grant, the grantee’s Grant Manager or primary contact and authorized grant Signature Authority should review the Terms and Conditions (Exhibit A) and the Procedures and Requirements (Exhibit B) to identify key grant administrative requirements. Evaluation of the grantee’s compliance with these requirements is a major focus of grant audits.
Reliable Contractor Declaration
Prior to authorizing a contractor or subcontractor to commence work under this grant, the grantee shall submit to the Grant Manager a declaration from the contractor or subcontractor, signed under penalty of perjury, stating that within the preceding three (3) years, none of the events listed in section 17050 of Title 14 (https://www.calrecycle.ca.gov/Laws/Regulations/Title14/), California Code of Regulations, Natural Resources, Division 7, has occurred with respect to the contractor or subcontractor. The grantee must submit this form for each contractor and subcontractor working under the grant.
If a contractor or subcontractor is placed on the CalRecycle Unreliable Contractor List
(https://www.calrecycle.ca.gov/Funding/Unreliability/) after award of this grant, the grantee may be required to terminate the contract. Obtain the Reliable Contractor Declaration form (CalRecycle 168) from CalRecycle's Grant Forms web page (https://www.calrecycle.ca.gov/Funding/Forms/).
The grantee must upload a scanned copy of each signed Reliable Contractor Declaration form in GMS. To upload the form:
1. Go to the Reports tab.
2. Click on Reliable Contractor Declaration under Report Type.
3. Click the Add Document button.
4. Select Reliable Contractor Declaration in the Document Type drop down box, enter a document title, click the Browse button to search and upload the document, and then Save.
5. Click on the Submit Report button.
For further instructions regarding GMS, including login directions, see the “Grants Management System” section (above).
Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22)
Second Round Funding
6 Grant Term
The Grant Term begins on September 1, 2022 and ends on September 2, 2024. The grantee must make all grant-eligible program expenditures and incur all grant-eligible costs within this period. Expenditures made or costs incurred prior to September 1, 2022 or after the grant term end date will be considered ineligible.
The Final Report, final Expenditure Itemization Summary, and Certification Document are due on September 2, 2024.
Eligible Costs
Grantees may incur eligible costs only during the Grant Term, which starts on September 1, 2022 and ends September 2, 2024. All grant expenditures must be for activities, products, and costs specifically included in the approved Budget. Costs must be incurred after the term start date. All services must be provided and goods received during this period in order to be eligible costs.
Eligible costs include:
• Personnel
• Consultants
• Safety Equipment
• Vehicles/Trucks
o F or compost procurement activities - Vehicles/tractors, turf tires, fork lifts or compost slingers
Note: The Grantee needs to own and control the vehicle, however they may allow participants to use the vehicle for grant implementation purposes only.
• Education and Outreach materials
o Print Media
o Television, radio, video, and social media
o Materials offered in other languages
• Door-to-Door Outreach
• Signage
• Recordkeeping or tracking software
o Software to match donor with food bank
o Recordkeeping/reporting software
o Procurement tracking software
o Apps for food recovery
• Inspections and Enforcement
• Training
• Tablet/Electronic Devices (seven inches or more measured diagonally) used for the purposed of organic tracking and Education and Outreach o Maximum price of $500 (excluding sales tax) and limit to one (exceptions may be approved on a case-by-case basis)
o Accessories used for security, protection, and charging
Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22)
Second Round Funding
7 • Equipment
o For larger items, The Grantee needs to own and control the equipment, however, they may allow participants use of said equipment for grant implementation purposes.
• Bins (green and blue only) and lids
o Includes, but is not limited to, curbside, small household food waste pail, labeling, and liners
• Procurement of recovered/recycled organic products
• Equipment
o Food distribution - included refrigeration, coolers, and packing materials
Ineligible Costs
Any costs not specifically included in the approved Budget and not directly related to grant implementation will be considered ineligible. The grantee should contact the Grant Manager if clarification is needed.
Ineligible costs include, but are not limited to:
• Costs incurred prior to September 1, 2022 or after September 2, 2024 • Development, purchase, or distribution of strictly promotional give-away items Stuff We All Get
, (SWAG) (https://www.calrecycle.ca.gov/Funding/SWAG/)
• Purchase or lease of land or buildings
• Equipment or services not directly related to grant implementation • Food dehydrators or liquefiers
• Disposal costs
• Costs currently covered by or incurred under any other CalRecycle loan, grant, or contract
• Cell phones
• Purchase of data plans and/or mobile service plans/hotspots • Costs related to website host and web page domain
• Audit expenses
• Sponsorship or licensing fees for events/programs
• Out-of-state travel
• Conferences and symposiums
• Food or beverages (e.g., as part of meetings, workshops, or events) • Travel costs exceeding the state-approved rates for mileage, per diem, lodging, etc.
o Refer to the Memorandum
(https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx) for travel policies.
o Reimbursement rates are subject to change at any time by the State of California without prior notification.
• Personnel costs not directly related to grant activities • Fines or penalties due to violation of federal, state, or local laws, ordinances, or regulations
• Any costs for construction projects by charter cities prohibited by Labor Code section 1782
• Any costs not consistent with local, state, or federal laws, guidelines, and regulations
Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22)
Second Round Funding
8 • Costs deemed unreasonable or not related to the project by the Grant Manager
Modifications
The grantee must submit any proposed revision(s) to the project in writing to the Grant Manager. The grantee may not incur costs or make expenditures based on the revision without first receiving the Grant Manager’s written approval. Proposed revisions must be accompanied by a summary of proposed changes or modifications, including justification for the proposed changes. If approved, the Grant Manager will upload the final revised changes to GMS and notify the grantee. The grantee should retain the approval document(s) for audit purposes. See the “Audit Record/Access” section of the Terms and Conditions (Exhibit A).
Acknowledgements
The grantee shall acknowledge CalRecycle’s support each time a project is funded, in whole or in part, by this Agreement is publicized in any medium, including news media, brochures, or other types of promotional materials. The acknowledgement of CalRecycle’s support must incorporate the CalRecycle logo. Initials or abbreviations for CalRecycle shall not be used. The Grant Manager may approve deviation from this requirement on a case-by-case basis where such deviation is consistent with CalRecycle’s Communication Strategy and Outreach Plan.
The following items require acknowledgement of funding from CalRecycle and pre- approval from the CalRecycle Grant Manager prior to incurring the expense:
• All television, radio and video scripts
• Functional premiums, if the per unit price is greater than $6.00 • Advertisements
• Audio and/or visual material
• Brochures
• Newspaper ads
• Pamphlets
• Other outreach
All publicity and education materials must include the following:
1. “Funded by a grant from CalRecycle.” Exception: The acknowledgement line is not required on small items where space constraints would not allow for this line or if it would interfere with the message.
o There are two acceptable Spanish translations: “Financiado por una beca del CalRecycle” or “Patrocinado por fondos del CalRecycle.” For other languages, the Grantee must work with a certified translator or person fluent in reading and writing that language. All exceptions must be pre- approved in writing by the CalRecycle Grant Manager.
2. CalRecycle logo
(https://www.calrecycle.ca.gov/gallery/) as reflected on the CalRecycle website, can be obtained from the Office of Public Affairs at [email protected].
3. Press Releases – the only requirement is to place the name of “CalRecycle” as an acknowledgement in the body of the release.
Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22)
Second Round Funding
9 Reporting Requirements
The Grant Agreement requires a Final Report; however, the Grant Manager may require additional status information at any time during the Grant Term. Failure to submit the Final Report with appropriate documentation by the due date may result in forfeiture by the grantee of any unspent funds received under this agreement, and repayment of all funds to CalRecycle.
The grantee must upload all reports in GMS. For further instructions regarding GMS, including login directions, see the “Grants Management System” section (above).
To upload a report:
1. Go to the Reports tab.
2. Click on the appropriate Report Type.
3. Click on the Add Document button.
4. Choose the Document Type, enter a document title, click the Browse button to search and upload the document, and then Save.
• Select the Back button to upload another document and continue the process until all required documents as listed below are uploaded. • The maximum allowable file size for each document is 35MB.
5. Click the Submit Report button to complete your report submittal. The Submit Report button will not be enabled until all required reporting documents are uploaded.
Failure to comply with the specified reporting requirements may be considered a breach of the Grant Agreement and may result in the termination of the Grant Agreement, and/or forfeiture by the grantee of claims for costs incurred that might otherwise have been eligible for grant funding. The grantee must report any problems or delays immediately to the Grant Manager.
Electronic and Original Signatures
CalRecycle now allows for certified e-Signature or original wet signature on documents or forms that certify legally binding information.
Note: E-signatures must include the first and last name of the Signature Authority, be in the Adobe Digital ID format (or through another certified digital signature program) and cannot be the “Fill and Sign” function within Adobe. Any documents using the “Fill and Sign” method is considered incomplete and may be sent back to the grantee.
If you have questions, email [email protected] .
Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22)
Second Round Funding
10 Progress Report
Grantees with awards over $1,000,000 will need to collect and submit information on any jobs created or paid by the grant on a bi-annual basis. Grant Managers will work with Grantees on when and how to submit the information. CalRecycle will provide a report template at a later date. Progress reports must include the following:
• Jobs
o Provide number of jobs created and paid for in whole or in part by this grant during the reporting period. Include job title or classification, job permanence, total project work hours, hourly pay rates or salaries, as well as benefits from the job, such as healthcare, paid vacation or sick leave and hiring strategy.
• Jobs provided to members of Priority Populations.
o In addition to the item, above, provide the same jobs information for any positions filled by members of priority populations. More information about Priority Populations can be found at
California Air
Resources Board Priority Population Investments webpage (www3.arb.ca.gov/cc/capandtrade/auctionproceeds/communityinvestm ents.htm).
Note: This requirement is subject to change at CalRecycle’s discretion. If any reporting requirement changes, Grant Managers will notify the Awardees.
Final Report
The Final Report is due September 2, 2024 (report template will be provided at a later date). This report should cover grant activities from September 1, 2022 through September 2, 2024. The grantee must include the following items in the Final Report:
1. The Grant Number, grantee’s name, and Grant Term.
2. The following disclaimer statement on the cover page:
“The statements and conclusions of this report are those of the grantee and not necessarily those of the Department of Resources Recycling and Recovery (CalRecycle), its employees, or the State of California. The state makes no warranty, express or implied, and assumes no liability for the information contained in the succeeding text.”
Note: This requirement is subject to change at CalRecycle’s discretion. If any reporting requirement changes, Grant Managers will notify the Grantees.
Grant Payment Information
• CalRecycle will make grant payments to only the grantee. It is the grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services. CalRecycle will make payments to the grantee as promptly as fiscal procedures permit.
• The grantee must provide a Reliable Contractor Declaration (CalRecycle 168) (https://www.calrecycle.ca.gov/Funding/forms/) signed under penalty of perjury by the grantee’s contractors and subcontractors in accordance with the “Reliable Contractor Declaration” section of the Terms and Conditions (Exhibit A). The declaration must be received and approved by the Grant Manager prior to
Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22)
Second Round Funding
11 commencement of work. See the “Reliable Contractor Declaration” section in Terms and Conditions (Exhibit A) for more information.
E
xpenditure Itemization Summary and Documentation
The grantee must submit the EIS and Certification Document (a template will be provided at a later date) in GMS. For further instructions regarding GMS, including login directions, see the “Grants Management System” section (above). Please refer to the “Milestones” section (above) for required due dates.
• Expenditure Itemization Summary (EIS)
o All expenditures must be itemized and arranged by the reporting and expenditure categories as contained in the grantee’s Budget tab. o Grantees are required to maintain supporting documentation pertaining to the EIS and may be required to provide them at the request of the Grant Manager at any time.
• Certification Document
o The Signature Authority will need to certify under penalty of perjury that information provided in the EIS is correct.
Note: This requirement is subject to change at CalRecycle’s discretion. If any expenditure reporting requirement changes, Grant Managers will notify the Awardees.
Failure to submit the EIS and Certification Document by the due date may result in the forfeiture by the grantee of claims for costs incurred that might otherwise have been eligible for grant funding.
To submit an EIS:
1. Go to the Payment Request tab.
2. Click on the Create a Payment Request button.
a. Choose Advance Reconcile for the Transaction Type and enter the amount spent in each budget subcategory.
b. When the transaction is complete, click the Save button. c. After the transaction is saved, the Upload Supporting Documents button will appear in the lower right corner.
3. Click the Upload Supporting Documents button.
a. Choose the Document Type, enter a document title, click the Browse button to search and upload the document, and then Save. b. Select the Back button to upload another document and continue this process until all required supporting documents as listed below are uploaded.
c. The maximum allowable file size for each document is 35MB.
4. Click the Submit Transaction button, located on the transaction page, to complete your payment request. The Submit Transaction button will not be enabled until all required supporting documents are uploaded.
Note: Once a transaction is saved, select the transaction number from the Payment Request tab to access it again. Please do not create multiple transactions for the same requested funds.
Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22)
Second Round Funding
12 Unspent Funds
Funds that are unspent at the end of the grant term must be returned by check to CalRecycle by October 16, 2024. Checks should be made payable to the Department of Resources Recycling and Recovery. Checks must contain the Grant Number (i.e., OWR2-21-xxxx), specify “SB 1383 Local Assistance Grant Unspent Funds,” and be mailed to:
CalRecycle Accounting
SB 1383 Local Assistance Grant Unspent Funds
PO Box 4025
Sacramento, CA 95812-4025
Unspent funds due to CalRecycle but left unpaid may result in ineligibility for future grant and payment program funding. If there are questions or other issues related to expenditures, work with your Grant Manager to resolve these issues.
Audit Considerations
The grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant subject to possible audit for a minimum of three (3) years after Final Report approval date or Grant Term end date, whichever is later. CalRecycle may stipulate a longer period of records retention in order to complete any action and/or resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later.
Examples of audit documentation include, but are not limited to, competitive bids, grant amendments, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, Expenditure Itemization Summary forms, payment supporting documentation, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices, and cancelled checks. Please refer to the Terms and Conditions (Exhibit A) for more information.
Attachment C
Item Number: 8
City Council / Board of Directors
Written Communications
Meeting of: November 1, 2022
Submitted By:
Josie Trevino, Human Resources Officer
Subject:
Inclusion of Part-time Employees in the Sick Leave Yearly Payoff Program Recommendation:
That the Honorable City Council Adopt Resolution No. 22-119 to Re-establish Part-Time Employees to Participate in the Sick Leave Yearly Payoff Program Fiscal Impact:
This item was previously budgeted for when the Fiscal Year 2022-2023 budget was prepared and presented to the City Council for approval in June 2022.
Background:
The Sick Leave Yearly Payoff Program was first introduced and approved by City Council to be implemented for all non-represented full-time and non-represented part-time employees during Fiscal Year 21-22. The program contains the following provisions:
•Non-represented full-time employees who maintain a minimum of 144 hours and have completed 5 years of full-time continuous service with the City of Victorville will be able to receive a payoff of their accrued sick leave hours. The maximum payoff cannot exceed 144 hours, every December, beginning December 2021.
The payoff will be based on the scale reflected below.
•Non-represented part-time employees who maintain a minimum of 72 hours and have completed 5 years of part-time continuous service with the City of Victorville will be able to receive a payoff of their accrued sick leave hours. The maximum payoff cannot exceed 72 hours, every December, beginning December 2021. The payoff will be based on the scale reflected below.
2 8
4 1
Sick Leave Accrued as of Date of
Termination
Cash Payment of hours of
Accrued Sick Leave
240 hours or less 35%
241 to 320 hours 40%
321 to 400 hours 45%
401 to 480 hours 50%
481 to 560 hours 55%
561 to 640 hours 60%
641 to 720 hours 65%
721 to 800 hours 70%
801 to 880 hours 75%
881 to 960 hours 80%
961 to 1,040 hours 85%
1,041 to 1,120 hours 90%
1,121 to 1,200 hours 95%
1,201 hours and above 100%
Discussion:
The Benefits Resolution No. 21-052 for Fiscal Year 21-22 included both non-represented full-time and part-time employees to participate in the Sick Leave Yearly Payoff program.
When the Fiscal Year 22-23 Benefits Resolution No. 22-068 was presented to Council for approval, the part-time employees were inadvertently excluded from participating in the Sick Leave Yearly Payoff program.
We are seeking approval to re-establish the participation of part-time employees in this program. If approved, this change will be incorporated into the currently approved FY 22- 23 Table of Compensation and Benefits Resolution.
Staff remains available for any questions or comments.
Attachments: A. Resolution No. 22-119
ATTACHMENT A
Resolution No. 22-119
RESOLUTION NO. 22-119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE REGARDING
THE SICK LEAVE YEARLY PAYOFF PROGRAM FOR PART-TIME EMPLOYEES
WHEREAS, the City Council of the City of Victorville adopted Resolution No. 22- 068 on June 21,2022, thereby fixing the rates of compensation, and establishing fringe benefits for non-represented employees of the City of Victorville for FY 22-23; and WHEREAS, the Sick Leave Yearly Payoff program had previously been established in FY 21-22 for both full-time and part-time employees; and WHEREAS, Resolution No. 22-068 inadvertently excluded part -time employees from the Sick Leave Yearly Payoff program for FY 22-23;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HERBY RESOLVE AS FOLLOWS:
The following are the conditions for part -time employees for the Sick Leave Yearly Payoff program:
SECTION 1. Non-represented part -time employees who maintain a minimum of 72 hours and have completed 5 years of part-time continuous service with the City of Victorville will be able to receive a payoff of their accrued sick leave hours. The maximum payoff cannot exceed 72 hours, every December beginning December 2021. The payoff will be based on the scale provided in Resolution No. 22-068
SECTION 2. The changes will become effective immediately after City Council approval of this resolution.
Item Number: 9
City Council / Board of Directors
Written Communications
Meeting of: November 1, 2022
Submitted By:
Jenele Davidson, Deputy City Manager
Subject:
General Services Provider Agreement for a Library Kiosk Recommendation:
That the Honorable City Council approve the General Services Provider Agreement with EnvisionWare, Inc. in the amount of $221,585.41 to furnish, deliver, install and maintain a remote library kiosk and canopy at Sunset Ridge Park.
Fiscal Impact:
Acting in accordance with the staff recommendation will result in a one-time expenditure of $208,156.41 to complete the procurement and installation of the library kiosk and canopy at Sunset Ridge Park, as well as year-one maintenance of the kiosk, as noted in Part I and II of the contract term. In year two of the maintenance agreement, the City will pay $13,429 as noted in Part III of the contract term, for a total contract amount of $221,585.41.
The City Council appropriated funding for this project within the Fiscal Year 2022/2023 budget under the Measure P fund. The first year of maintenance will begin after the complete installation of the unit, tentatively scheduled for July 1, 2023, but subject to change depending on the final install date. The cost of the second year of maintenance will be $13,429 in Fiscal Year 2024/2025, to be included as part of the annual budget proposal.
Fund Source Account No. Available Budget
Measure P 1056030-55040-80078 $254,500
Background:
The City of Victorville Strategic Plan 2020-2023 identifies multi-year strategic goals and various strategies to work toward achieving those goals. Goal E, Invest in Infrastructure, focuses on creating a healthy and livable community by maintaining the city’s assets 2 7
5 5
through investment in infrastructure and innovations. In accordance with one strategy outlined within the plan, Council adopted the Library Master Plan on April 20, 2021, and staff have been working to implement recommendations therein. One such recommendation was to expand services in the near-term by adding a library kiosk to bring limited library services to another section of the city (Library Master Plan, Section 8: Recommendations. Page 8.22, Attachment B).
As part of the Fiscal Year 2022/2023 budget, Council approved funding for a Library kiosk to continue the City’s efforts to meet the library service needs of the community as outlined in the Library Master Plan.
The current Library is located east of the I-15 freeway; therefore, staff evaluated options west of the freeway for a library kiosk location that would extend library services to the west side of the city. Sunset Ridge Park was selected for its proximity to residential areas west of the freeway and to add an additional amenity to the park that would encourage multi-generational use.
Staff reviewed library kiosks within the Southern California region to ensure all needed components were included in the scope of services for the Request for Proposals (RFP).
Discussion:
In May 2022, the RFP was published on the City’s website, ebidboards.com, in the Daily Press and sent to firms that manufacture and install library kiosks. To allow firms to produce a comprehensive proposal, bids were due at the end of June 2022.
In July 2022, a selection committee of City staff from the Community Services Department and the Building Department evaluated the proposals received and held demonstrations with all firms. The chart below illustrates the scores that were given to each firm.
Firm Location Average Score
EnvisionWare, Inc. Duluth, GA 71.7
International Library Services, Inc. Potomac, MD 68.0
MK Solutions York, PA 68.3
FE Technologies Southlake, TX 52.7
Bibliotheca Norcross, GA 63.3
Proposals were rated based on overall quality, understanding of the project scope, project timeline, reference checks and cost. EnvisionWare, Inc. was rated the highest based on the average score. The product offered by EnvisionWare, Inc. is fully ADA compliant, allows residents to review materials through the display glass, checkout materials through the kiosk and has an enclosure to shield the unit from dirt, wind and the sun.
The placement of the unit will be behind the community center at Sunset Ridge Park (see Attachment A), to add additional protection from the environmental elements. Residents will not be required to have a Victorville library card to check out a book from the kiosk; information can be collected at the time of check out and the book will be dispensed. The 2 7
5 5
kiosk will be fully integrated with the Library system software, creating an extension of library services to this part of the city.
Library staff will have remote access to the unit to check the status. This will allow staff to ensure the unit is in good working order and to check inventory levels. Staff will be able to view what book genres are in demand and can revise the collection available through the kiosk as needed to accommodate demand. Staff plan to visit the kiosk twice a week to check the unit and stock as needed.
The Community Services Advisory Committee (CSAC) reviewed the selected proposal at their regular meeting on Monday, August 15, 2022, and recommended that the City move forward with the selected kiosk offered by EnvisionWare, Inc.
If approved, the City will expand library services to an underserved section of the City by deploying a fully functional and ADA compliant kiosk at Sunset Ridge Park.
Staff is available for questions.
Attachments: A. Location Map
B. Library Master Plan Recommendation
C. EnvisionWare Product
D. Agreement
ATTACHMENT A
Protective structure
footprint
Proposed concrete
path
ATTACHMENT B
ATTACHMENT C
FEATURES 24L-340D 24L-235
Item Management
Total Items for Check Out 340 235
Standard Slot Dimensions (Imperial) 12.5h x 8.25d x 1.6 Spine (Metric) 318h x 210d x 42 Spine
Items in Standard Slots 268 188
Wide Slot Dimensions (Imperial) 12.5h x 8.25d x 2.4 Spine (Metric) 318h x 210d x 62 Spine
Items in Wide Slots 67 47
Hold Drawer Dimensions (Imperial) 10.35d x 13.7w 1.9h N/A (Metric) 348.6w x263.5d x 49h N/A
Items in Hold Drawers 5 N/A
Item Return Capacity 1000 600
Sorter Return Bins 14 9
RFID Item Standard
Barcode Item Standard
Patron Interfaces
Primary Screen Interface 17” High Brightness Resistive Industrial Color Touch Screen ADA Screen Interface 5.6” Standard Industrial Resistive Color Touch Screen Operating Systems Windows 10 Professional Window 10 Professional Main System Computer E5300 2.6Ghz Dual Core J1900 2.6Ghz Quad Core 4GB RAM, 10-RS232, 6-USB, 250GB SSD 4GB RAM, 5-RS232, 8-USB, 120GB SSD Right Display 43” 1000nit Infrared Touch Screen Display - Portrait Right Display Computer J1900 2.6Ghz Dual Core J1900 2.6Ghz Dual Core 4GB RAM, 5-RS232, 8-USB, 120GB SSD 4GB RAM, 5-RS232, 8-USB, 120GB SSD Left Display 32” Touch Screen Display - Landscape N/A
Left Display Computer J1900 2.6Ghz Dual Core N/A
4GB RAM, 5-RS232, 8-USB, 120GB SSD
RFID Patron Card Standard
Barcode Patron Card 1D/2D Smartphone-Ready Patron Card Barcode Reader Receipt High Capacity 80mm
24-HOUR LIBRARY™
Specifications subject to change without notice.
24-HOUR LIBRARY™
© 2020 EnvisionWare, Inc. | All Rights Reserved.
SS24L-200407-U-R5 Specifications subject to change without notice.
FEATURES 24L-340D 24L-235
Connectivity
ILS Connection SIP2 | Enhanced SIP2 for 24-Library*
ILS Configuration Remote Site: Branch | Outside Library Building: Shelf Location System Ethernet Connection RJ-45
Library Device Support Power Strip and Mounting Space for WAN Modem/Connect Device Router 2-Channel Wi-Fi | LAN | VPN | Configurable Content Filtering Protection
DVR 30-day DVR - Remotely Accessible
Security Cameras 5 Cameras 4 Cameras
Mechanical
Dimensions (Imperial) 13.23w x 7.5h x 5.68d 9.84w x 7.05h x 4.92d (Metric) 4032w x 2286h x 1730d 3000w x 2149h x 1500
Overall Size Comparison Model 235 is 55% of the size of Model 340D Weight 7055 lbs | 3200kg 5380 lbs | 2440kg
Temperature without Heat -5° to 125°F | -15° to 52°C with Heat -20° to 125°F | -29° to 52°C
Power
Power For System (1) 120V 20A Circuit
Power For Heat Systems (3) 120V 20A Circuits
Power Consumption Without Heat 1200W 1000W
Power Consumption With Heat 7200W 7000W
Warranty One Year Remote and Onsite 24x7x365 Support
On-Site Maintenance After Year 1 Yes
Options
Project Management, Installation and Training Computer Management Client Construction Guidance Canopy for Standard Op Temps
API Integration Uninterruptable Power Supply
Credit Card Payment Terminal 220V / 50Hz
Fine/Fee Payment Software
*Millennium and Sierra requires the III Sorta API if holds are used.
ATTACHMENT D
1 General Services Provider Agreement/EnvisionWare, Inc. Library Kiosk Project PB22-093
GENERAL SERVICES PROVIDER AGREEMENT
BY AND BETWEEN
THE CITY OF VICTORVILLE
AND
ENVISIONWARE, INC.
FOR
FURNISHING, DELIVERY, AND INSTALLATION OF A REMOTE
LIBRARY KIOSK AND RELATED SERVICES
CITY PROJECT PB22-093
TH
IS GENERAL SERVICES PROVIDER AGREEMENT (hereinafter “Agreement”), dated October 4, 2022, for reference purposes only, is made and entered into by and between the City of Victorville, a municipal corporation and California charter city, hereinafter referred to as the “City”, and EnvisionWare, Inc., a Georgia corporation , hereinafter referred to as “Service Provider.” City and Service Provider are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties.”
RECI
TALS:
WHE
REAS, the City requires the furnishing, delivery and, installation of a remote Library Kiosk and Canopy, certain professional services, and annual software licensing and maintenance following said installation, City Project PB22-093 (the “Project”); and WHE
REAS, the City issued a Request for Proposals (“ RFP”) on May 16, 2022 seeking proposals to perform said Project, in response to which Service Provider, among others, submitted a proposal; and
WHE
REAS, after receiving, reviewing, and evaluating various proposals received, the City determined that Service Provider is qualified to complete the Project and will provide the best value to the City; and
WHE
REAS, in light of the facts set forth above, the City desires to retain Service Provider to provide, on an independent contractor basis , the work and services needed to complete the Project in accordance with the terms and conditions set forth in this Agreement.
NOW
THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Rec
itals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein. 2 General Services Provider Agreement/EnvisionWare, Inc. Library Kiosk Project PB22-093 Section 2. SCOPE OF SERVICES
Service Provider shall provide to the City the goods, work, and services set forth in the Scope of Services, attached hereto as Exhibit “A” and incorporated as part of this Agreement by this reference.
Section 3. COMPENSATION
The City shall pay a total amount not to exceed TWO HUNDRED TWENTY ONE THOUSAND FIVE HUNDRED EIGHTY -FIVE AND 41/100 Dollars ($221, 585.41) to Service Provider for the goods, work , and services to be provided by Service Provider pursuant to this Agreement, subject to the provisions of Section 4 and the State Prevailing Wage and Related Labor Provisions, attached hereto as Exhibit “C” and incorporated as part of this Agreement by this reference. $208,156.41 of said total amount represents the costs associated with furnishing, delivering,
and installing of the Kiosk (Unit 235) and the Canopy at the City’s Sunset Ridge Community Center; providing the associated professional services; and the annual maintenance services for the first year following completion of the installation. $13,429.00 represents the cost of the annual maintenance services for the second year, commencing on the first of the month after the first year annual maintenance services expires.
Section 4. BID PROPOSAL FORMS
The Cit
y shall pay Service Provider as provided in the Bid Proposal Forms, attached hereto as Exhibit “B” and incorporated as part of this Agreement by this reference. The provisions of Exhibit “B” notwithstanding, in order to receive payments, Service Provider shall be required to submit to City monthly invoices detailing all services performed and such certified payrolls as required by Exhibit “C” . Provided that that goods, work, and services have been satisfactorily rendered, invoices shall be paid by the City approximately thirty (30) working days following receipt of Service Provider’s invoice.
Section 5. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE
a. Contract Documents. This Agreement includes each of the following documents, which are attached or incorporated by this reference (referred to collectively as the “ Contract Documents”). Said Contact Documents are intended to be correlative and constitute Service Provider’s performance obligations:
1. Exhibi
t “C”, State Prevailing Wage and Related Labor Provisions;
2. The RFP for the Project referenced in the Recitals, including all addenda;
3. Exhibit “A”, Scope of Services for the Project;
4. Exhibit “B”, Service Provider’s Cost Proposal,
5. Exhibit “D”, EnvisionWare End User License Agreement and Limited Warranty (“EULA”);
6. Faithful Performance and Payment Bonds;
7. Guaranty;
8. Exhibit “E”, EnvisionWare Standard Terms and Conditions. b. Interpretation. In the event of any conflict between any of the Contract Documents, the document highest in the order of precedence (from highest to lowest), as set forth in Subsection
5.a above shall control, provided that the provisions contained in this Agreement itself and Exhibit “C”) shall govern over conflicting provisions contained in any of the other listed Contract Documents and subject further to the provisions of Sections 26 and 31 of this Agreement. 3 General Services Provider Agreement/EnvisionWare, Inc. Library Kiosk Project PB22-093 Section 6. TERM OF AGREEMENT
a. The initia
l term of th is Agreement shall commence upon the date this Agreement has been fully executed by both Parties (the “Commencement Date”) and shall terminate on June 30, 2025 (the “ Termination Date”), unless terminated earlier pursuant to Section 21 of this Agreement (the “ Initial Term”). As set forth below, the Initial Term shall consist of three parts. (1) Fur
nish, deliver, and install Kiosk/Canopy (“ Part I”), which starts on the Commencement Date and ends on the date the Kiosk/Canopy has been fully installed and the City issues a Notice of Completion, but in no event later than June 30, 2023, unless the City issues an amendment to this Agreement to extend the term of Part I. (2) Fir
st Year Annual Services/Maintenance (“Part II”). Following completion of Part I, and commencing on the first day of the month following the date the City issues a Notice of Completion for the Kiosk/Canopy installation, provision of the First Year Annual maintenance services shall commence. The term of Part II is projected to encompass the period of July 1, 2023 through June 30, 2024.
(3) Sec
ond Year Annual Services/Maintenance (“Part III”). This part, consisting of one additional year of maintenance services, shall commence on the first of the month immediately following the expiration of the term of Part II. The term of Part II I is projected to encompass the period of July 1, 2024 through June 30, 2025. b. From
and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month- to-month basis until terminated pursuant to Section 21 below, or may be extended at the option of the City for annual maintenance services or similar purposes for up to four (4) additional fiscal years (July 1 through June 30), hereinafter “Option Periods”), subject to satisfactory performance as determined by Jenele Davidson, Deputy City Manager, or her designee, and as set forth in Subsection c, below. c. Cit
y shall give Service Provider sixty (60) days advance written notice prior to the expiration of the Initial Term and sixty (60) days advance written notice prior to the expiration date of each subsequently exercised Option Period, if any, should the City decide to exercise its option(s) to extend. In the event City does not give Service Provider such written notice of its option to extend, this Agreement shall terminate at the end of Initial Term or the then-current Option Period without further notice from either Party, unless terminated earlier pursuant to the provisions of Section 21 below. Should the City fail to give Service Provider the sixty (60) days written notice of its intention to exercise any Option Period, the City may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Service Provider.
Section 7. INDEPENDENT CONTRACTOR STATUS
Serv
ice Provider shall at all times during the Initial Term of this Agreement, and (if applicable during any Option Periods or other extensions), perform the services described in this Agreement as an independent contractor.
Section 8. REPRESENTATIONS AND ACKNOWLEDGMENTS REGARDING INDEPENDENT CONTRACTOR’S STATUS OF SERVICE
PROVIDER
a. Servi
ce Provider represents and acknowledges the following:
4 General Services Provider Agreement/EnvisionWare, Inc. Library Kiosk Project PB22-093 (1) The City is not required to provide any training or legal counsel to Service Provider or its employees in order for Service Provider to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement do not have to be integrated into the daily business operations of the City. (3) The s
ervices described in this Agreement can be performed without the use of City equipment, materials, tools, or facilities, unless otherwise provided under a separate agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Service Provider on a continuing basis after termination of this Agreement.
(5) The C
ity will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other such compensation to any person employed by Service Provider to perform the services described in this Agreement. (6) Se
rvice Provider shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City. b. The Ci
ty represents and acknowledges the following:
(1) S
ervice Provider is solely responsible for determining who, under the supervision or direction of Service Provider, will perform the services set forth in this Agreement. (2) The C
ity will not hire, supervise, or pay any employees or assistants working for Service Provider pursuant to this Agreement. Nothing contained in this Agreement shall prevent the City from hiring Service Provider’s employees or assistants after termination of this Agreement.
(3) N
othing in this Agreement shall be interpreted to imply that Service Provider must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(4) I
t is the sole responsibility of Service Provider to set the hours in which Service Provider performs or plans to perform the services set forth in this Agreement. (5) S
ervice Provider is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement. (6) U
nless deemed necessary under certain circumstances, Service Provider is not required to perform the services set forth in this Agreement at City Hall or on City -owned property.
(7) N
othing in this Agreement shall be interpreted to preclude Service Provider from working for other persons or firms, provided that such work does not create a conflict of interest.
Section 9. NOT AGENT OF THE CITY
a. Not
hing contained in this Agreement shall be deemed, construed, or represented by the City or Service Provider or by any third person to create the relationship of principal and agent.
5 General Services Provider Agreement/EnvisionWare, Inc. Library Kiosk Project PB22-093 b. Ser
vice Provider shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Service Provider have any authority, express or implied, to bind the City to any obligation whatsoever.
Section 10. LICENSES AND PERMITS
Ser
vice Provider represents that it has obtained and will maintain at all times during the initial Term, and (if applicable, during any Option Periods or other extensions) of this Agreement all business licenses, including but not limited to a City of Victorville business license, certifications, or permits necessary for performing the services described in this Agreement.
Section 11. WARRANTY
Ser
vice Provider agrees to perform all services required by this Agreement in a workmanlike competent and satisfactory manner in accordance with the standards prevalent in the industry for such services.
Section 12. FAMILIARITY WITH WORK
Shoul
d Service Provider discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the City, Service Provider shall immediately inform the City of such fact and shall not provide any services, except at Service Provider's risk, until written instructions are received from Jenele Davidson, Deputy City Manager, or her designee.
Section 13. CONFLICTS OF INTEREST
Ser
vice Provider covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Service Provider’s services under this Agreement. Service Provider further covenants that in the performance of services under this Agreement, no officer, employee, or agent of Service Provider having such an interest shall be employed by it. In the event the City determines that Service Provider must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Service Provider shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk.
Section 14. COMPLIANCE WITH LAWS
Ser
vice Provider shall comply with all local, state, and federal laws and regulations applicable to the services to be rendered hereunder, including any rule, regulation, or bylaw governing the conduct or performance of Service Provider or its employees, officers, or board members.
Section 15. COMMERCIAL GENERAL AND
AU TOMOBILE LIABILITY INSURANCE
a. Ser
vice Provider shall procure and maintain at its own expense, during the I nitial Term of this Agreement, and (if applicable, during any Option Periods or other extensions ), commercial general liability insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the acts or omissions of Service Provider or its officers, employees, servants, volunteers, and agents and independent contractors. 6 General Services Provider Agreement/EnvisionWare, Inc. Library Kiosk Project PB22-093 b. Ser
vice Provider shall further procure and maintain, at its own expense, during the Initial Term of this Agreement, and (if applicable, during any Option Periods or other extensions) commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Service Provider or its officers, employees, servants, volunteers, agents and independent contractors in performing the services required by this Agreement.
Section 16. WORKERS' COMPENSATION INSURANCE
a. Ser
vice Provider shall procure and maintain at its own expense, during the I nitial Term of this Agreement, and (if applicable, during any Option Periods or other extensions ), workers' compensation insurance, providing coverage as required by the California State Workers' Compensation Law.
b. If
any class of employees employed by the Service Provider pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Service Provider shall provide adequate insurance for the protection of such employees to the satisfaction of the City.
Section 17. TECHNOLOGY PROFESSIONAL LIABILITY ERRORS AND
OMISSIONS INSURANCE
a. Ser
vice Provider shall procure and maintain at its own expense, during the I nitial Term of this Agreement, and (if applicable, during any Option Periods or other extensions ) Technology Professional Liability Errors and Omissions Insurance appropriate to Service Provider’s profession and work hereunder, with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Service Provider in this A greement and shall include, but not be limited to, claims involving infringement of intellectual property, copyright, trademark, invasion of privacy violations, information theft, release of private information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. b. The Pol
icy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City in the care, custody, or control of the Service Provider. If not covered under the Service Provider’s general liability policy, such “property” coverage of the City may be endorsed on to the Service Provider’s Cyber Liability Policy as covered property as follows:
Cyber
Liability coverage in an amount sufficient to cover the full replacement value of damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City that will be in the care, custody, or control of Service Provider.
Section 18. ADDITIONAL INSURED
Not
withstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation policy, shall be endorsed to name the City and its officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.
7 General Services Provider Agreement/EnvisionWare, Inc. Library Kiosk Project PB22-093 Section 19. WAIVER OF SUBROGATION RIGHTS
Ser
vice Provider shall require the carriers of all required insurance policies to waive all rights of subrogation against the City and its officers, employees, servants, volunteers, agents, and independent contractors and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
Section 20. PROOF OF INSURANCE COVERAGE; REQUIRED
ENDORSEMENTS
a. Ser
vice Provider shall secure from a good and responsible company or companies authorized to transact insurance business in the State of California, the policies of insurance required by this Agreement and furnish to the City Clerk certificates of insurance evidencing the required coverage, and policy endorsements at least ten (10) business day s prior to the commencement of any services to be performed under this Agreement. b. The poli
cies and certificates of insurance shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.
c. Eac
h policy and certificate of insurance shall be endorsed to provide that the policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration.
d. Eac
h policy and certificate of insurance shall be endorsed to provide that the policy will be maintained throughout the Initial Term, and (if applicable during any Option Periods) of this Agreement.
e. The com
mercial general liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this Agreement, Service Provider’s coverage shall be primary with respect to the City. Any insurance maintained by the City shall be in excess of Service Provider’s insurance and shall not contribute with it.” Section 21. TERMINATION OR SUSPENSION
a. This
Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the eff ective date of termination.
b. This
Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination. 8 General Services Provider Agreement/EnvisionWare, Inc. Library Kiosk Project PB22-093 Section 22. PROJECT TIMING AND DEADLINES; GOOD FAITH
Ser
vice Provider will work with the City in good faith to meet reasonable deadlines and timelines for delivery, deployment, and training for the Project as specified in this Agreement.
Service Provider understands the value of timing as related to this Project. If a delay is anticipated, Service Provider will notify the City’s Principal Representative immediately so that schedules can be adjusted within reason.
Section 23. INDEMNIFICATION
a. Ser
vice Provider shall defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents, from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorney’s fees, for any personal injuries, deaths, or property damage (including property owned by the City), which may arise out of Service Provider's negligence or willful misconduct in the performance of the services described in this Agreement, unless such losses or damages are proven to be caused by the City's own negligence or willful misconduct, or that of its officers or employees. b. The Ci
ty does not and shall not waive any rights that it may have against Service Provider under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
Section 24. REPORTS
Upon r
equest by Jenele Davidson, Deputy City Manager , or her designee, Service Provider shall prepare and submit reports to the City concerning Service Provider's performance of the services required by this Agreement.
Section 25. RECORDS
a. Ser
vice Provider shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Jenele Davidson, Deputy City Manager, or her designee, to evaluate the cost and the performance of such services. b. Book
s and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
c. Jenele
Davidson, Deputy City Manager, or her designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. d. Rec
ords and supporting documents pertaining to the use of funds paid to Service Provider hereunder shall be retained by Service Provider and made available to Jenele Davidson, Deputy City Manager, or her designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.
9 General Services Provider Agreement/EnvisionWare, Inc. Library Kiosk Project PB22-093 Section 26. ENVISIONWARE END USER LICENSE AGREEMENT AND LIMITED WARRANTY (“EULA”)
a. Subject
to the provisions of this Section and Section 31 below, the Parties agree to incorporate and attach as Exhibit “D” to this Agreement, the Envisionware End User License Agreement and Limited Warranty (“EULA”).
b. Notwi
thstanding the provisions of Section 7 of the EULA, entitled “Confidential Information”, Service Provider acknowledges and agrees that the City is a California public entity subject to the provisions of the California Public Records Act, Cal. Gov. Code Section 6250 et seq. (the “CPRA”) and the Ralph M. Brown Act, Cal. Gov. Code Section 54950 et seq. (the “ Brown Act”). Nothing contained in Section 7 of the EULA shall be construed or interpreted to prevent or restrain the City’s compliance with the provisions of the C PRA or the Brown Act. The Parties further acknowledge and agree that neither this Agreement, nor the EULA contained in Exhibit “D”, are Confidential Information.
c. Secti
on 15 of the EULA, entitled “Governing Law; Jurisdiction and Venue” shall be amended to replace the word “Georgia” with the word “California”.
Section 27. CONFIDENTIALITY - OWNERSHIP OF MATERIALS AND
DOCUMENTS
a. The City
retains ownership of any and all partial or complete reports, drawings, plans, notes, computations, lists, and/or other materials, documents, information, or data prepared by Service Provider pertaining to this Agreement, except that Service Provider retains all copyright and intellectual property ownership of all software, product manuals, and configuration guides. b. Any
and all documents and information obtained from the City or prepared by Service Provider for the City shall be kept strictly confidential unless otherwise provided by applicable law, including without limitation the CPRA or the Brown Act. All City data, documents and information shall be returned to City upon termination of the Agreement. c. Any draw
ings, specifications, reports, records, documents, or other materials prepared by Service Provider in the performance of services under this Agreement shall not be released publicly without the prior written approval of Jenele Davidson, Deputy City Manager, or her designee, or as required by applicable law , including without limitation the CPRA or the Brown Act.
d. Serv
ice Provider shall not disclose to any other entity or person any information regarding the activities of the City, except with the prior written approval of Jenele Davidson, Deputy City Manager , or her designee, or as required by applicable law , including without limitation the CPRA or the Brown Act.
Section 28. PRINCIPAL REPRESENTATIVES
a. Tran Ly, Group Leader is designated as the principal representative of Service Provider for
purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement. b. Jenele D
avidson, Deputy City Manager , or her d esignee, shall be the principal representative(s) of the City for purposes of communicating with Service Provider on any matter associated with the performance of the services set forth in this Agreement. 10 General Services Provider Agreement/EnvisionWare, Inc. Library Kiosk Project PB22-093 c. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.
Section 29. MODIFICATIONS AND AMENDMENTS
This
Agreement may be modified or amended only by a written instrument signed by both Parties.
Section 30. ENTIRE AGREEMENT
a. This A
greement supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Service Provider with respect to the subject matter of this Agreement.
b. This A
greement contains all of the covenants and agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement. c. No agree
ment, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.
Section 31. AMBIGUITIES
a. This A
greement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement. b. Notw
ithstanding the provisions of Subsection a of this Section, the Parties agree that Exhibits “A” and “B” are attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies, or conflicts between the terms of this Agreement and Exhibits “A” and “B”, the terms of this Agreement shall control and nothing set forth in Exhibits “A” and “B” shall be deemed to supersede any of the provisions of this Agreement. c. The Part
ies also agree that notwithstanding the provisions of Subsection a of this Section, to the extent there are any ambiguities, inconsistencies, or conflicts between the terms of Exhibit “D” attached hereto and the terms of this Agreement , the terms of this Agreement shall control and nothing set forth in Exhibit “D” shall be deemed to supersede any of the provisions of this Agreement.
d. The Part
ies further agree that that notwithstanding the provisions of Subsection a of this Section, to the extent there are any ambiguities, inconsistencies , or conflicts between the terms of the EnvisionWare “Standard Terms and Conditions” document (exclusive of the EULA) attached hereto as Exhibit “E” and the terms of this Agreement, the terms of this Agreement shall control and nothing set forth in Exhibit “E” shall be deemed to supersede any of the provisions of this Agreement.
11 General Services Provider Agreement/EnvisionWare, Inc. Library Kiosk Project PB22-093 Section 32. NOTICES
a. Any noti
ce to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
To the Cit
y:
To Provider
:
Jenele Davidson, Deputy City Manager
Community Services Department City of
V
ictorville
14343 Civic Drive
Victorville, CA 92392
Tran
Ly, Group Leader EnvisionWare, Inc.
1960 Satellite Blvd.
Suite 4100
Duluth, GA 30097-4127
b. Notices
, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 33. NON-LIABILITY OF CITY OFFICERS
AND EMPL OYEES
No offi
cer or employee of the City shall be personally liable to Service Provider, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Service Provider or to its successor(s), or for any breach of any obligation of the terms of this Agreement.
Section 34. REVIEW BY ATTORNEYS
Each Part
y hereto has had its attorney(s) review this Agreement and all related documents.
Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation.
Section 35. WAIVER
a. No waiver
shall be binding unless executed in writing by the Party making the waiver.
b. No waiv
er of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
c. Failure of ei
ther Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.
Section 36. ASSIGNMENT
This Agree
ment shall not be assigned by either Party without prior written consent of the other Party.
12 General Services Provider Agreement/EnvisionWare, Inc. Library Kiosk Project PB22-093 Section 37. CARE OF WORK
The perfor
mance of services by Service Provider or the payment of money by the City shall not relieve Service Provider from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City, when such incomplete, inaccurate or defective work is due to the negligence of Service Provider.
Section 38. CAPTIONS AND HEADINGS
The capt
ions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 39. SUCCESSORS, HEIRS, AND ASSIGNS
Except
as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.
Section 40. GENDER
In thi
s Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 41. SEVERABILITY
If an
y one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 42. GOVERNING LAW
The vali
dity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 43. DEFAULT
a. Failure
or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the alleged default within fifteen (15) days after receipt of written notice specifying such default and shall diligently complete such cure, correction, or remedy, such Party shall not be deemed to be in default hereunder.
b. The Party
claiming that a default has occurred shall give written notice of default to the Party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. 13 General Services Provider Agreement/EnvisionWare, Inc. Library Kiosk Project PB22-093 c. Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In
the event that a default by any Party to this Agreement may remain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.
Section 44. CUMULATIVE REMEDIES
Ex
cept with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 45. VENUE
Al
l proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
Section 46. ATTORNEYS’ FEES
In t
he event any action, suit, or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement, or as a result of any alleged breach of any provision of this Agreement, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.
Section 47. EFFECTIVENESS OF AGREEMENT
This
Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Service Provider, approved by the City’s Risk Manager, and executed by the authorized City personnel or Mayor.
Section 48. R EPRESENTATIONS OF PARTIES AND PERSONS EXECUTING
AGREEMENT
a. Eac
h of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The pers
ons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 49. COUNTERPARTS
This
Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement. (EN
D OF THIS PAGE)
14 General Services Provider Agreement/EnvisionWare, Inc. Library Kiosk Project PB22-093 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
THE
CITY OF VICTORVILLE ENVISIONWARE, INC.
By:
______________________________ By: _____________________________ Debra Jones,
Mayor
Tran Ly,
Group Leader
Dated:
___________________________ Dated: __________________________ ATTES
T
By:
________________________________
Jennifer Thompson,
City Clerk
Date
d:______________________________
THE C
ITY OF VICTORVILLE APPROVED AS TO FORM:
By: ________________
______________ By: _____________________________
Lee Brown, Andre de Bortnowsky,
Risk Manager City Attorney
Dated:
____________________________ Dated: __________________________ P:\APPS\WPDATA\VVCA\0001-45 AGREEMENTS REVIEW & TEMPLATES\ENVISIONWARE\100.12-GENERAL SERV PROV AGMT LIBRARY KIOSK ENVISIONWARE CLEAN 09.22.22 GDB.DOCX 15 General Services Provider Agreement/EnvisionWare, Inc. Library Kiosk Project PB22-093 EXHIBIT “A”
SCOPE OF
SERVICES
See Attachment
SC
OPE OF SERVICES FOR VICTORVILLE CITY LIBRARY
Envisionware will be furnishing, delivering, and installing one Kiosk (Unit 235) and associated Canopy at the City’s Sunset Ridge Community Center; providing the associated software and professional services; and the annual maintenance services for the first year following completion of the installation. Additional details regarding these Services are below.
The
Library seeks to acquire a turnkey Library Kiosk or Book Vending solution that will integrate with the Library's current Integrated Library System (hereafter ILS) vendor, Auto-Graphics, and its Verso platform.
The Kiosk or Book Vending System should generally meet the following requirements:
1. ILS System
Unit must communicate with our ILS, Auto -Graphics (Verso platform) through DSL, cable, or wireless and be SIP2 compliant.
EnvisionWare has integrated SIP2 for all major ILS platforms around the globe at more than 10,000 libraries.
Unit must be able to process bar-coded borrower's cards.
Compliant. The proposed systems are capable of reading any library-standard barcode - multiple symbologies are supported. The system also supports RFID using any of the proprietary or standard data models used in North America.
Unit must verify the card's eligibility to circulate the specific item in question using the circulation parameters built into our system.
Compliant. The sole source of patron VALIDATION is the ILS. Access to computers is validated only against the ILS to determine whether a patron is valid. Thanks to Enhanced SIP2, the ILS delivers age, patron type and other criteria that is leveraged to create access rules that determine which areas/computers may be accessed as well as what filtering rules may apply.
In cases where the circulation cannot take place due to excessive fines, expired card or card is blocked for an unknown reason, the unit must explain to the customer why the material cannot be checked out.
Compliant. Messages come from the ILS via SIP2.
Unit must produce a receipt for the customer when an item has been checked out.
The receipt option can be either digital or physical.
Unit must check items out using the same RFID or barcodes tags used on items for circulation through our check-out stations in our Main Library and future branch libraries.
Compliant. The Library's existing barcodes (or future RFID tag) will be used for checkout.
Unit must have a Pin Pad for customer ability to signify their pins, and it must be integrated into the ILS.
Compliant.
Process and logic should the machine lose connectivity to ILS server (e.g. it automatically goes into a maintenance mode where circulation activity stops.).
Reconnection to ILS server should be automatic.
EXHIBIT A, PROJECT PB22-093
I
f the internet connection is lost, the system wil l be unavailable until the connection is back.
Reconnection to the internet is automatic once a connection is re-established.
Unit must be able to dispense books of all sizes, including Fiction, Non- Fiction, Children's (including Picture Books), Paperbacks, Audiobooks, and DVDs.
Compliant. Dimensions for the 24 -Hour Library and Holds Locker System are below. Model 235 holds 235 items. Model 340 holds 340 items.
Po
wer supply for Kiosk or Book Vending System must be no less than 110 volts (60 HZ). City staff will pour the necessary concrete foundation and provide power from the community center to Kiosk or Book Vending System.
The system uses 2 amps power in the idle mode. When dispensing or sorting, only a single motor operates at a time, keeping power consumption below 6 amps.
Unit must be able to communicate to the web via, hardwire, wireless. or broadband.
For the most reliable solution, an ethernet connection is required for both the 24 -Hour Library and the Holds Locker Service.
Shatter-resistant glass to prevent vandalism and theft while allowing customers to view titles held in the lending machine.
The main viewing window of the 24Ls is made from tempered glass. Tempered glass is harder to break and if it does break, the whole piece shatters into small pieces that aren't sharp.
EXHIBIT A, PROJECT PB22-093
Unit
must have additional options available (e.g. LED Advertising Light, Pin Access Software, and Vinyl Side Graphics).
• Catalog identification of materials by DDC for all non-fiction, • Author last name for all fiction,
• Abbreviated title for DVDs as needed, and
• Abbreviated performer name for Music CDs as needed.
All item details are communicated received from the ILS and communicated via SIP2.
Pr
ogram promotion featuring electronics display(s) that are used to promot e Library programs and events. Patrons are permitted to enter their pin if required by the Library. The sides of the units can be wrapped locally.
2. Placement and Capacity
Indoors or outdoors placement, side panels if deemed necessary. Items to be included: Kiosk or Book Vending System with the capacity to hold the following items:
• Adult hardcover, young adult hardcover, children’s hardcover; • Children's picture books;
• Paperback books;
• DVDs;
• Audiobooks; and
Minimum Capacity should be at least 200 items.
The proposed units can be placed indoors or outdoors. EnvisionWare is happy to consult with the Library on the best solution for each location under consideration. Each of the above listed items are able to be held in the proposed units.
Model 235 holds 235 items. Model 340 holds 340 items.
Please note if your Kiosk or Book Vending System can accept returns and return capacity. For solutions offering return bins, those bins should be outfitted with rollers for easy transport.
Returns management - a complete multi-bin Automated Materials Handling system is installed in the system. As items are returned, they are sorted into bins according to sorting criteria delivered from the ILS. The bins are on rollers.
Vendor shall specify if Kiosk or Book Vending System provides awnings or any protective structures against the elements.
If a protective structure is required, the Vendor may provide a quote AND specifications for the installation of a protective shelter for the Kiosk or Book Vending System as an option on line item 3 of the Bid Form.
A canopy is proposed for the 24-Hour Library at the Main location.
3. Location and Quantity Options
The Library seeks two Kiosk or Book Vending System pricing options for possible acquisition.
Option 2: Two smaller Kiosk options, to be located outside the Library and at Sunset Ridge Community Center.
EXHIBIT A, PROJECT PB22-093
• Sm
aller Kiosk need not conform to minimum capacity limits as listed in section Ill. • For a Book Vending System provide the option for purchasing 2 units.
EnvisionWare is proposing the 24-Hour Library 340D. This unit holds 340 items. The 235 version is also offered and this unit holds 235 items.
4. RFID Requirements
The Library is not currently using RFID tags. The proposer should recommend minimum RFID tagging requirements to accommodate their system or recommend a solution for the Library’s current deficiency, or allow for the use of Barcodes.
The 24-Hour Library works in barcode-only mode or with RFID tags. If VCL chooses to RFID their Collection in the future, the system also supports RFID using any of the proprietary or standard data models used in North America.
5. Addi
tional Items
The
proposer should provide all relevant costs associated with the purchase, operation, and ongoing maintenance of their system. As well solutions or estimates for any deficiency the Library might need to acquire to accommodate the operation of the Kiosk or Book Vending System.
Costs are provided in the separate Cost Proposal document.
Ind
icate whether the unit(s) purchased will be installed by proposer.
EnvisionWare will install the 24-Hour Library with an experienced team.
Typical Work Plan
En
visionWare Internal Project Launch
Each EnvisionWare project begins with an internal Company meeting consisting of the Sales Consultant, Implementation Consultant, and management team, who discuss information about the Library system, review any contracts and quotations, and ensure that everyone has a clear understanding of the objectives and responsibilities.
Introductory Call
Next the Sales Consultant will arrange a telephone call to introduce the Implementation Consultant (IC) to the Library staff. Once all parties are introduced and ro les are clarified, the IC will schedule a follow-up session to launch work on the project.
LIBRARY TO PROVIDE: The name of the project lead. The first and last name, telephone number, email address, job title, and branch location of all Library staff that will be accessing the Customer Center or contacting support.
Note that at all times throughout the project the Sales Consultant will have access to all project communication, which is managed in a Project Record in the EnvisionWare Oracle management system. Customers have access to basic status indications in the Customer Center.
Orientation to Customer Center / SOW Review
EXHIBIT A, PROJECT PB22-093
At the
next web meeting, the IC or the Training Manager will introduce the EnvisionWare Customer Center and discuss any further changes to the Statement of Work. The Training Manager will discuss plans to visit the Library for initial orientation and training.
On-site Orientation and Staff Training
The orientation session occurs on a single day at the Library and provides an orientation to the overall system operation. Most importantly there is a comprehensive discussion about the differences between a self -service library and a physical brank location. The trainer is an experienced library professional with years of experience at major public library that understand all aspects of library operations. The goal of this session is to familiarize staff with what is coming and to help staff to prepare for changes to technical services, collection development and other services in planning the opening of a new and different branch location.
The trai
ner will present some templates for guidance about item dimensions. Samples of self-adhesive
'RESERVED' labels in the event the Library wishes to order these labels will also be provided.
LIBRARY T
O PROVIDE: A classroom style environment with projector and Internet access. Names of people that will attend training.
As work progresses and staff continues to consider the impact of change, staff can contact the Implementation Consultant (IC) to request additional discussions with the training manager and/or can answer many of the questions that may be asked. eCommerce
A credit card terminal can be attached to the 24-Hour library to enable self-service fine payment.
Development support for Wise itemized fine payment was one of the first projects undertaken in the collaborative development agreement between OCLC and EnvisionWare.
Central Management Gateway Remote Installation
The IC will remotely install the Central Management Gateway software, which provides brokering between the machines, any Library Control stations and EnvisionWare support. This software is lightweight and may be installed on the same host as that used for eCommerce.
Other Planning Tasks (General tasks that are completed during the pre-installation phase) The IC will provide a template for designing the branding sign for the left side of the system.
LIBRARY TO PROVIDE: Artwork with Library system name, branch name as desired The IC will provide a sample ppt file that the Library should customize for the top front display of the Model 340D or a sign template for the Model 235.
LIBRARY TO PROVIDE: A ppt or suitable graphic for display on a screen on the front of the system.
The Library may wish to consider creating 'library direction signs' that uniquely identify the difference between a physical branch and a 24-Hour branch.
LIBRARY TO PROVIDE: Configuration (URL) for Overdrive or customized ppt file.
The right side 43 -inch portrait touch screen display may be used as an OPAC or for any other purpose including eBook download.
EXHIBIT A, PROJECT PB22-093
LIBR
ARY TO PROVIDE: Content, OPAC URL and any lock down method desired to control use of the display.
The IC will want t est SIP2 connectivity remotely to ensure proper operation. A SIP2 interface should be configured for each branch so that it can be identified as a branch location. Various ILS setups will be required to identify item locations, hold alerts and other concerns that will have been discussed during the initial staff orientation. NOTE: If the 24-Hour Library is being installed outside a library building, the 24 -Hour Library would typically be configured as a shelf location part of that branch instead of being setup as a separate branch location although all configurations are based on library preference.
LIBRARY T O PROVIDE : A SIP2 connection that can be remotely tested. If the ILS requires special configuration to enable Booksort extensions, these must be enabled. For Sierra, the Sorter API is required for holds management.
OTHER LIBRARY TO PROVIDE:
Opening collection
Order "Reserved" labels, if desired
Order additional receipt paper (initial supply is included in delivery) - uses STANDARD receipt paper
Screen logo and color settings for main operating system In c
ase of warranty requirements, indicate installation be provided by proposer.
The warranty is provided in the EnvisionWare End User License Agreement (system.envisionware.com/eula).
De
tails about the Service Level Agreement are provided in the Sample Agreement (system.envisionware.com/customer _agreement).
‘
Insurance, license, and permit requirements.
EnvisionWare's sample insurance license is provided in the Appendix. EnvisionWare will coordinate with the Library on securing the appropriate licenses and permits.
Pr
oposer provide product data sheet or specifications sheet outlining requirements for unit installation.
Si
te Preparation
Th
e 24 -Hour Library is designed for indoor or outdoor installation provided that an approved overhang, canopy, or other covering protects the system from rain and snow.
In addi
tion to protecting patrons, the covering should protect the 24 -Hour Library from the elements, including rain, snow, and dust.
The
Library is responsible for preparing the site including the slab, canopy or covering, Internet access, electrical power, permits, and other physical plant requirements.
EXHIBIT A, PROJECT PB22-093
Envi
sonWare provides an optional canopy (included in the Options Quotation) with installation services that confirms to all of the requirements necessary to properly cover the system outdoors in temperatures that fit the operating range specified in the 24 -Hour Library product specifications that be found at https://www.envvisionware.com/24-hour-library/ The Implementation Consultant (IC ) will begin coordination with the building contractor responsible for site preparation. This communication will cover every aspect of site preparation, power and LAN connectivity, and area grounds preparation.
The
IC will maintain regular communication with the Library project lead and will provide written, email updates as the project progresses.
As t
he site is being completed, the IC and Library's project lead will communicate and begin scheduling delivery. An assessment is made to ensure power and network connectivity are ready and working.
Lo
gistics and Installation
Env
isionWare will schedule delivery of a system for 8am on a morning mutually agreeable.
The
system will be moved into place and affixed to the location.
Env
isionWare's engineer will complete a physical assessment of the system inside and out. Once complete, the Engineer will supervise power connection to the system. A series of tests will be performed to ensure that the system is in proper electrical and mechanical operating order. The Engineer will then verify that there is Internet connectivity by mounting the Internet device in the system and testing a connection.
LIBRARY TO PROVIDE: About 30 Books and DVDs. A valid library card, blocked library card, card with fines.
These items should be ready no later than the first morning. The IC will coordinate for pickup or delivery of the items to the site on the following Monday.
In ge
neral, this process requires one day because the system delivered will have been thoroughly tested and configured to the exact specifications of San Mateo County Libraries.
Co
nfiguration and Testing
The
Implementation Consultant will arrive the next morning to begin loading and training in the loading and unloading of the system.
On t
he third day the system will be ready for use by the public. EnvisionWare recommends a soft launch, providing about 30 days of unpublished use of the system. During this period the Library would communicate with the IC about the ribbon cutting.
EXHIBIT A, PROJECT PB22-093
Ribbo
n Cutting
A re
presentative of EnvisionWare will be onsite the day prior to the ribbon cutting to assess system operation and answer any last-minute questions. He or she will attend the ribbon cutting and be available to assist the Library staff with any questions that may arise from the press, local community leaders, patrons, board members and others.
EXHIBIT A, PROJECT PB22-093
CITY OF VICTORVILLE
RFP# PB22-093
REMOTE LIBRARY KIOSK OR A BOOK VENDING SYSTEM
WORKERS' COMPENSATION CERTIFICATE
The Proposer shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:
I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and on behalf of my firm, I will comply with such provisions before commencing the performance of the services of any contract entered into.
EnvisionWare Inc.
Company Name
Michael J. Monk 2016011884
Printed Name
CEO June 16 2022
Title Date
24 PB22-093 REMOTE LIBRARY KIOSK OR A BOOK VENDING SYSTEM EXHIBIT A, PROJECT PB22-093
CITY OF VICTORVILLE
RFP# PB22-093
REMOTE LIBRARY KIOSK OR A BOOK VENDING SYSTEM
NON-COLLUSION DECLARATION
TO BE EXECUTED BY PROPOSER AND SUBMITTED WITH BID PROPOSAL (Public Contract Code Section 7106)
The undersigned declares:
I am the CEO of EnvisionWare, Inc. , the party making the foregoing bid Proposal. The proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The proposal is genuine and not collusive or sham. The Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal. The Proposer has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham proposal, or to refrain from bidding. The Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid proposal price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the bid proposal price, or of that of any other Proposer. All statements contained in the bid proposal are true. The Proposer has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, a c:t will mot pay, any person or entity for such purpose.
Any person execu · I'll on t orporation, partnership,
joint venture, limit ny, I ity p ship, or any other entity, hereby represents that he en t e, and does execute, this declaration on behalf of the Proposer.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 06/16/22 [date], at ______ _ [city], ________ _.state].
--~ Signare EnvisionWare, Inc.
Company Name
Michael J. Monk CEO
Printed Name Title
25 I PB22-093 REMOTE LIBRARY KIOSK OR A BOOK VENDING SYSTEM EXHIBIT A, PROJECT PB22-093
(
CITY OF VICTORVILLE
RFP# PB22-093
(
REMOTE LIBRARY KIOSK OR A BOOK VENDING SYSTEM
DEBARRED CERTIFICATION ACKNOWLEDGEMENT
(a)(1) The Offerer/Proposer certifies, to the best of its knowledge and belief, that (i) The Offerer/Proposer and/or any of its Principals-
(A) Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (8) Have not, within a three-year period preceding this solicitation, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of bids; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;
(C) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1 )(i)(B) of this provision;
(ii) The Offerer/Proposer has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g. , general manager; plant manager; head of a divisioo or busines segment; and similar positions).
This Certification tt s United States
and the Making tit LY n e 1 1cation May Render the Maker Subject to Pros e 1001, Title 18, United States Code.
(b) The Offerer/Proposer shall provide immediate written notice to the City if, at any time prior to contract award, the Offerer/Proposer learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offerer's/Proposer's responsibility. Failure of the Offerer/Proposer to furnish a certification or provide such additional information as requested by the SCLAA may render the Offerer/Proposer nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offerer/Proposer is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 27 I PB22-093 REMOTE LIBRARY KIOSK OR A ~OOK VENDING SYSTEM EXHIBIT A, PROJECT PB22-093
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offerer/Proposer knowingly rendered an erroneous certification, in addition to other remedies available to the City, the City may terminate the contract resulting from this solicitation for default.
The Offeror/Proposer certifies that the foregoing is true and correct:
Offerer/Proposer: Envision Ware, Inc. Federal I.D. No: 58-2424595 Address: 1960 Satellite Blvd.1 Suite 4100 1 Duluth, GA 30097-4127 Phone: 678-382-6590 Fax: 678-382-6501 Email: michael.monk @envisionware.com Signature: ___ ·----=¥::::::::::::::!!!!!iiiiiii-:;c~2=====------- Date: 06/16/21 28 I PB22-093 REMOTE LIBRARY KIOSK OR A BOOK VENDING SYSTEM EXHIBIT A, PROJECT PB22-093
CITY OF VICTORVILLE
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, _________ ____________ , hereinafter
referred to as "Contractor," as principal, and _____________ , as Surety, are held and firmly bond unto the CITY OF VICTORVILLE, in the sum of _________ Dollars, ($ _______ _,, lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. The conditions of the foregoing obligation is such that:
WHEREAS, said Contractor has been awarded and is about to enter into the annexed contract with said CITY OF VICTORVILLE for completion of "PB22-093 REMOTE LIBRARY KIOSK OR A BOOK VENDING SYSTEM" as specifically set forth in documents entitled of "PB22- 093 REMOTE LIBRARY KIOSK OR A BOOK VENDING SYSTEM", and is required under the terms of the Contract to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if the said Contractor shall well and truly do and perform all of the covenants and obligations of said Contract on his part to be done and performed at the times and in the manner specified herein, then his obligation shall be null and void, otherwise, it shall be and remain in full force and effect;
PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either the Contractor or the Surety there under, nor shall any extensions of time that be granted under the provision of said Contract release either the Contractor or the Surety, and notice of such alterations or extensions of the Contract is hereby waived by the Surety .
WITNESS our han
(SEAL) Contractor ______________ _
______________ SURETY By: __________ _
By: _____________ Title: __________ _
NOTE: Signature of the party executing for the Surety must be properly acknowledged EnvisionWare's Surety agrees to execute a Performance Bond for 100% of the contract value if required, and a Labor & Material Payment Bond for 100% of the contract value. They confirm they can issue this Faithful Performance Bond once EnvisionWare has been awarded the project. The bond requisition form is included below.
EXHIBIT A, PROJECT PB22-093
CHUBB
(
Date:
Bond No.:
Principal:
Owner:
Job:
Surety:
Federal Insurance Company
2028 Halls Mill Road
Whitehouse Station, NJ 08889
United States of America
0 (416) 594-2847
F (416) 863-5010
SURETY'SAGREEMENTTOBOND
June 2, 2022
MNR.216522-22-04
EnvisionWare, Inc.
(hereinafter called the Contractor)
City of Victorville
(hereinafter called the Owner)
In consideration of the owner accepting the
tender and executing an agreement with the
contractor for:
RFP# PB22-093
Remote library Kiosk or a Book
Vending System
r y, as Surety, agrees
d in favor of the
ed for the
e ribed herein and
etween the Contractor and
wner.
The Surety, also agrees to execute a Labor &
Material Payment Bond for (100%), with
respect to the above mentioned project.
PROVIDED HOWEVER, that the Suretys obligation shall expire Ninety (90) days from the date of this Agreement to Bond and no action shall be taken against the Surety after the Ninety ( 90) days have expired.
SIGNED, SEALED AND DATED 2nd day of June, 2022.
CH USE3
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations orthe Commonwealth or Pennsylvania, do each hereby constitute and appoint Julie Dextradeur, Paul Dragos, Leandro Gomez, Thomas Krech, Ted Moy, Brooke Nichols, Candice Pearson, Bryn Peters, Alex Samarze and Tianna Shahmooradian ofToronto, Canada-------------------------------.----------------------- --- each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writing'll obligatory in the nature thereof (other than bail bonds) given or executed in the course or business, and any instruments IDT1ending or altering the same, and consents to the modification or alteration of any instrument reforred to in said bonds or obligations.
In Witness Whereof, said FEDERAL lNSURANCE COMPANY, VJGJLANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed tneir corporate seals on this 8111 day of April, 2022, ~'f'f\.~ ~JI\~
STATE OF NEW JERSEY
County of Hunterdon ss.
On this 9,11 day of April, 2022, before me, a Notary Public or New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and Vice President, respectively, orFEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn, severally and e.acn for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly amxed and subscribed by like authority.
Notarial Seal KATHE.RINE J AOELMR
NOTARY PUBLIC OF NEW JERSEY
No.2318065
Commlsaion Expires July 18. 2024
CERTIFJCA TION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPA INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERlCAN INSURAN E OMP Yon M "RESOLVED, that the follow ng aiithorlzatkms relate to the execut on, for and on behalr 1>f1 entered Into In the ordinary course orbiislness {each a •written Commitment"' . {l) Each or lhe Chairman, the Prest a d th• Vi P I rent for and on behalfohhe Company, under the seal (2)
(3)
(4)
of the Company or otherwise
oriz tQ exec ll.l!;;. -,3. ny tten mmltment for and on behalf orth c Company, und•r th• seal of the Company or otherwise, vld ,iiffi person's written appointment as such attorney ln•facL Each or the Chairman, the e Pre)I ts the Company !s hereby authorized. for and on behalf of the Company, to appoint in writing any person the attorney-In• fact of the Company with full e authority to ex«ute, for and on behalf or the Company, under the seal or the Company or otherwise, such Written Commitments of the Company as may be specified In such writ er1 ppointment, which specifkatlon may be by general type or class or Written Commitments or by specillcallon of one or more parltcular Written Commitments
Each of the Chairman, the President and the Vice Presidents of the Company Is hereby aiithorized, for and on behaH or the Company. to delegate In writing to any other officer or the Company the authority to execute , for and on b~halr of th e Comp any. under the Company's seal or otherwise, such Written Commit.men ts of the Company as are specified In such written delegation, which sped0cation may be by gt n•ral typ e or class of Wrlnen Commitments or by specification or one or more particular Written Commitments. (5) The signature or any officer or other person exe (l,.tlng any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation.
FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement or the powers and authority of offieers. employees and other persons to act ror and on behalf o( the Company, and such Resolution shall not limit orotherw b e alfect the exerd~ ofany such power or authority otherwise validly gr nted or vested :
J, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the .. Companies") do hereby certify that (i) the foregoing Resoluttons adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the foregoing Power or Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Whitehouse Station, NJ, this 2nd day of June, 2022.
JN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US'OF A~Y OTijER MATTER, PLl?M£ CONTACT US AT:
Tele hone 908 903- 3493 Fax 908 903· 36S6 e•'rriaR: lttf @lchubb.(;I) Combined: FED-VIG-PI-WFIC-AAJC (rev 11-19)
CITY OF VICTORVILLE
PB22-093 REMOTE LIBRARY KIOSK OR A BOOK VENDING SYSTEM
GUARANTY
TO THE CITY OF VICTORVILLE, CALIFORNIA
The undersigned guarantees the completion of
II
PB22-093 REMOTE LIBRARY KIOSK OR A
BOOK VENDING SYSTEM".
Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished, or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the Plans and Specifications and/or manufacturers specifications, due to any of the above causes, all within twelve (12) months after date on which this Contact is accepted by the City, the undersigned agrees to reimburse the City, upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs,. or, upon demand by the City, to replace any such materials and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated.
The City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned.
In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessa shall be furnished and installed within the time limit designated by the City. If the undersign shal fail or refuse to comply with their obligations under this guaranty, tt-l Cit snall be entitled to al costs and expenses, including attorney's fees, reasoAabJy iacurrecj by reason of said failu:re:Fer refusal.
By: Michael J. Monk Title: CEO
Dated this 16th day of _J=.au=-n ...... e _________ , 2022 NOTE: This Guaranty shall be executed by the successful bidder in accordance with instructions in the Special Provisions. The bidder may execute the Guaranty on this page at the time of submitting the bid.
17 General Services Provider Agreement/EnvisionWare, Inc. Library Kiosk Project PB22-093 EXHIBIT “B”
SERVICE PROVIDER’S
COST PROPOSAL FORM
See Attachment
Quotation
US-75028
10/17/2022
This information is con®dential and proprietary to EnvisionWare, Inc.
US-75028 1
Bill To TOTAL
Victorville City Library
15011 Circle Dr
Victorville CA 92395
United States $221,585.41
Quote Expires: 11/10/2022
Partner 71018 Innovative Interfaces, Inc. [US]
Federal EIN Currency Terms Sales Rep
58-2424595 US Dollar *50%Dep|Bal-30|
Services-Accept
D©Alessandro, Ted
Quotation Title Memo
24 Hour Library 235 with Canopy with 2nd Y ear
Pre-Paid Maintenance Revised
CITY PROJECT PB22-093
Qty Item / Description Ship To Unit Price Amount
1 24L-235
24-Hour Library™ Main System - Delivers 24/7 library
services including check out, return, item renewals, 43" portrait touch screen for program information/eBook/
OPAC, 235-item shelving capacity, 600- item 9-bin sorter for returns
Includes:
- Heating system
- 1D/2D card/smartphone barcode scanner for patron
cards and items
- RFID and barcode detection for items and patron cards - Router with VPN support - Integrated 2-CH WiFi
Access Point
- Custom Sign Artwork/Design
- Supplies
- Delivery minimum 12 weeks after confirmation of site
plan
*! REQUIREMENTS !*
- ILS: SIP2 interface with Booksort extensions
(Millennium/Sierra requires optional SIP2 sorter API)
- Internet Connection
- 120V 20A Power for system (+120V 60A service for
heater operation in cold climates)
- Overhang or canopy. NOTE: Installation where an
EnvisionWare canopy is NOT used requires written
certification by Product Management.
- Installation and Project Management required and not
included - varies by requirements
# OPTIONS #
- eCommerce Self Service and ECS Kiosk Terminal
- Customer Central Management Control Licenses
- Canopy (5-month lead time from date order is placed)
15011 Circle
Dr
$89,000.00 $89,000.00
Quotation
US-75028
10/17/2022
This information is con®dential and proprietary to EnvisionWare, Inc.
US-75028 2
Qty Item / Description Ship To Unit Price Amount
1 WM-24L-235
2 YR MAINTENANCE: 24-Hour Library Main System -
235 Item System
15011 Circle
Dr
$26,700.00 $26,700.00
Z-Discount: 1st Year Maintenance
Discount for first year of maintenance included with
purchase.
$-13,350.00 $-13,350.00
1 CM Gateway
ENVISIONWARE CENTRAL MANAGEMENT
GATEWAY is a single license to create a broker service
between the CM Clients on your network, your CM
Controls, and EnvisionWare Support via the Internet.
+ Requires opening one port on your firewall to
EnvisionWare's IP address range.
15011 Circle
Dr
$165.00 $165.00
1 WM-CM Gateway
2 YR MAINTENANCE: EnvisionWare Central
Management Gateway
15011 Circle
Dr
$66.00 $66.00
Z-Discount: 1st Year Maintenance
Discount for first year of maintenance included with
purchase.
$-33.00 $-33.00
1 CM Control
ENVISIONWARE CENTRAL MANAGEMENT
CONTROL LICENSES - For installation on network IT or
staff computers. The Control License provides remote
connectivity to CM Clients that are on host computers or OneStop stations. Staff can use a control license to
remotely interact with patrons and update systems from
a central location.
15011 Circle
Dr
$125.00 $125.00
1 WM-CM Control
2 YR MAINTENANCE:
EnvisionWare Central Management Control Licenses
15011 Circle
Dr
$50.00 $50.00
Z-Discount: 1st Year Maintenance
Discount for first year of maintenance included with
purchase.
$-25.00 $-25.00
3 CM Client
ENVISIONWARE CENTRAL MANAGEMENT CLIENT -
Install on OneStop computers or host systems. When a
Control license is installed on a staff computer, staff can interact with patrons using self checkout or other
computers running the CM Client. Staff can view station screens in stealth or alert mode and update systems.
15011 Circle
Dr
$35.00 $105.00
3 WM-CM Client
2 YR MAINTENANCE - Central Management Client
15011 Circle
Dr
$14.00 $42.00
Z-Discount: 1st Year Maintenance
Discount for first year of maintenance included with
purchase.
$-21.00 $-21.00
Quotation
US-75028
10/17/2022
This information is con®dential and proprietary to EnvisionWare, Inc.
US-75028 3
Qty Item / Description Ship To Unit Price Amount
Subtotal
$102,824.00
86 PS-HR-UM
ENVISIONWARE PROFESSIONAL SERVICES -
Consulting services at the hourly rate for customers
under maintenance.
- Quotations provide an estimate - actual time is billed. - The minimum charge is 1 hour.
- The minimum for an onsite hourly project is 8 hours per day plus the actual first and additional flat fee expense charges.
$150.00 $12,900.00
1 PS Rigging
PROFESSIONAL RIGGING SERVICES for Remote
Library Products
Offload, place item and secure in place
- Includes oversize forklift, equipment rental and labor team
15011 Circle
Dr
$5,980.00 $5,980.00
3 PS-EXPFF-U 1st Day
ENVISIONWARE PROFESSIONAL SERVICES - FLAT
FEE FOR EXPENSES - First of Every Five Days Onsite.
No partial days.
$975.00 $2,925.00
8 PS-EXPFF-U Additional Day
ENVISIONWARE PROFESSIONAL SERVICES - FLAT
FEE FOR EXPENSES - Additional Days After First.
Maximum (4) additional days before an additional First
day is required.
$250.00 $2,000.00
SUBTOTAL Services
SUBTOTAL for EnvisionWare Professional Services
$23,805.00
Quotation
US-75028
10/17/2022
This information is con®dential and proprietary to EnvisionWare, Inc.
US-75028 4
Qty Item / Description Ship To Unit Price Amount
1 24L-Canopy (235)
24-Hour Library Canopy for 24L-235 Series
Provides full canopy with panels on the rear, sides, and front for sites without overhead protection.
- Transportation and installation are not included
- Not Covered Under Maintenance
- Requires EnvisionWare Canopy Installation Services -
PS-PM 24L Canopy
***Lead Time 5 Month Minimum***
:: COLOR CHOICES ::
Frame =
Roof =
Must Supply Canopy Color Choice (See Path below for
Color Choices)
https://856814.app.netsuite.com/core/media/media.nl?
id=13405095&c=856814&h=8tCXjhj8Z8LwWUFozVf5dL
jcZtxFMIXFQ7QdQIRy3LRzrXgt&_xt=.pdf
15011 Circle
Dr
$39,999.00 $39,999.00
1 24L-PS Canopy Install
CANOPY INSTALLATION SERVICE for 24-HOUR
LIBRARY
This service is quoted custom per installation due to
variables associated with canopy contractors and
locales.
There is no recurring charge -- canopies are not covered under maintenance.
$31,500.00 $31,500.00
1 FREIGHT-U To Site
FREIGHT / HANDLING to Customer Site
15011 Circle
Dr
$4,650.00 $4,650.00
Subtotal $202,778.00
Freight charges are estimated; actual charges will be billed. Discount Send your purchase order or email con®rmation to:
EMAIL: [email protected] | FAX: +1 678.382.6501 Freight $7,520.00
Standard terms and conditions apply: http://system.envisionware.com/terms Total Tax $11,287.41 PST-CA
Total $221,585.41
18 General Services Provider Agreement/EnvisionWare, Inc. Library Kiosk Project PB22-093 EXHIBIT “C”
STATE PREVAILING WAGE AND RELATED LABOR PROVISIONS
a. Compliance with State Prevailing Wage Law. Pursuant to California Labor Code Section 1773, the City has obtained from the Director of the Department of Industrial Relations (“DIR”) the general prevailing rate of per diem wages and the general prevailing wage rate for holiday and overtime work applicable for each craft, classification, or type of worker in San Bernardino County, California, where the Project is to be performed. Copies of these prevailing rate of per diem wages are on file at the City of Victorville Finance Department/Purchasing Division and shall be made available for review to any interested party on request. Copies of these prevailing rate of per diem wages are also available from the State of California via the internet at http://www.dir.ca.gov/DLSR/PWD. S
ervice Provider and its subcontractors shall pay not less than said specified prevailing rate of per diem wages to all workers employed by them in the performance of any work under this Agreement which constitutes “public works” or “public work”, including without limitation, installation of the Kiosk/Canopy, and any other work or services described in or covered by California Labor Code Sections 1720 through 1720.9, 1771, and 1772. Service Provider shall be solely responsible for using the correct wage decision or determination and performing accordingly. An error on the part of any awarding body does not relieve the Service Provider from the responsibility for payment of the correct prevailing wage. b. Designation as Service Provider Not Determinative. For purposes of this Agreement, Service Provider and its subcontractors shall be subject to and shall comply with all provisions of the California Labor Code (“ Labor Code”) applicable to contractors and subcontractors when they are engaged in the performance of any work under this Agreement which constitutes “public works” or “public work” as defined in subsection a above, despite being designated as a Service Provider.
c. Conflict. It is further expressly agreed by and between the Parties hereto that shoul d there be any conflict between the provi sions of this Exhibit “C” and the terms of Exhibit “A” or Exhibit “B” of this Agreement, the provisions of this Exhibit “C” shall control and nothing herein shall be considered as an acceptance of the terms of Service Provider’s Scope of Services, Bid Proposal, or Cost Proposal which conflict with the provisions of this Exhibit “C". d. Payroll Records. Service Provider and its subcontractors must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq. (hereinafter the “ Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR. (1) Service Provider and Subcontractor Obligations . Service Provider and each subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
19 General Services Provider Agreement/EnvisionWare, Inc. Library Kiosk Project PB22-093 (
a) The information contained in the payroll record is true and correct; and (b) Service Provider or s ubcontractor has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any covered work performed by its employees on the Project.
(2) Ce rtified Record . A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on
request, to the City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code. (3) Enforcement. Upon notice of noncompliance with Labor Code Section 1776, Service Provider or subcontractor has ten days in which to comply with the requirements of this section. If Service Provider or Subcontractor fails to do so within the ten-day period, Service Provider or Subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Service Provider. (4) Payment of Invoices. Copies of the certified payrolls, proof of payroll submissions, and appropriate lien releases are required with each invoice to the City. Payment of the invoice may be delayed when payroll -related documents and/or lien releases are not included with the invoice.
e. Apprentices. Service Provider is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.
f. Notices. Pursuant to Labor Code section 1771.4, Service Provider is required to post all Job Site notices, including prevailing wage rates and other notices, as required by regulation. g. Other Labor Requirements. Service Provider has the responsibility for and shall comply with all other applicable requirements of Labor Code Section 1720 et seq., the Regulations, and all other applicable State labor laws. Service Provider further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Service Provider will require the same of all its subcontractors. h. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced as follows:
(
1) Pursuant to Labor Code section 1775, the Service Provider and any subcontractor under it shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than t
he prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Agreement by it or by any Subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Service Provider.
(2) The Service Provider or Subcontractor shall, as a penalty to the City, forfeit twenty- five dollars ($25) for each worker employed in the execution of this Agreement by the respective Service Provider or Subcontractor for each calendar day duri ng
20 General Services Provider Agreement/EnvisionWare, Inc. Library Kiosk Project PB22-093 which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this subsection. In awarding any contract for public work, Service Provider must forfeit to City Twenty -five Dollars ($25.00) per day for each worker who works in excess of the minimum working hours when Service Provider does not pay overtime. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day.
i. DIR Monitoring. Pursuant to Labor Code Section 1771.4, the Agreement for this Project is subject to compliance monitoring and enforcement by the DIR. j. DIR Registration. Pursuant to Labor Code Sections 1725.5 and 1771.1, the Service Provider and its subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Agreement, Service Provider represents that it is aware of the registration requirement and is currently registered with the DIR. Service Provider shall maintain a current registration for the duration of the Project. Service Provider shall further include the requirements of Labor Code Sections 1725.5 and 1771.1 in any subcontract and ensure that all subcontractors are registered at the time this Agreement is entered into and maintain registration for the duration of the Project.
21 General Services Provider Agreement/EnvisionWare, Inc. Library Kiosk Project PB22-093 EXHIBIT “D”
Env
isionWare End User License Agreement and Limited Warranty (“EULA”) EXHIBIT D, PROJECT PB22-093
ENVISIONWARE, INC.
END USER LICENSE AGREEMENT AND LIMITED WARRANTY (“EULA”) IMPORTANT:
PLEASE READ THE TERMS AND CONDITIONS OF THIS EULA
CAREFULLY BEFORE USING THE SOFTWARE. ENVISIONWARE, INC. (“ENVISIONWARE”) IS WILLING TO LICENSE THE SOFTWARE TO YOU AS THE
INDIVIDUAL, THE ORGANIZATION, OR THE LEGAL ENTITY THAT WILL BE
UTILIZING
THE SOFTWARE (REFERRED TO AS “YOU” OR “YOUR”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS EULA.
UPON AND AS OF THE DATE ENVISIONWARE SENDS AN EMAIL TO YOU (THE “EFFECTIVE DATE”) ISSUING CREDENTIALS TO LOG INTO ENVISIONWARE’S
WEBSITE
FROM WHERE THE SOFTWARE MAY BE DOWNLOADED, YOU
AGREE TO THE TERMS AND CONDITIONS OF THIS EULA.
IF
YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, DO NOT
ATTEMPT TO DOWNLOAD OR INSTALL THE SOFTWARE, OR, IF INSTALLED, MAKE
NO FURTHER USE OF THE SOFTWARE, AND NOTIFY IN WRITING
ENVISIONWARE
OR THE RESELLER FROM WHOM IT WAS ACQUIRED WITHIN
THIRTY (30) DAYS OF PURCHASE, AND THE PURCHASE PRICE WILL BE REFUNDED.
1. License: The software and documentation (collectively the “Software”) are owned by and are the property of EnvisionWare or its licensors and are protected by copyright and other intellectual property laws. Some licensors may be express or intended beneficiaries of this EULA. Subject to all of the terms and conditions of this Agreement, EnvisionWare grants you a limited, non-exclusive, worldwide, non-transferable, non-sublicensable license to use the Software for which you have been issued a Product Key by EnvisionWare or an authorized distributor
or reseller, but only in accordance with
(i) the documentation, (ii) the restrictions contained herein and any restrictions on the applicable invoice, and (iii) the number of authorized users. Portions of some Software modules are licensed from Artifex Software, Inc. Portions of some modules may contain MySQL connector (under the GNU GPL v2 license at http://www.gnu.org/licenses/gpl-
2.0.html). Portions of some modules may contain the MS access driver, licensed from Microsoft Corporation. Portions of some modules may be licensed under the Microsoft Reciprocal License (MS-RL) http://opensource.org/licenses/ms-rl. Portions of some Software modules are licensed under the Apache License, Version 2.0; you may not use these files except in compliance with the Apache License. The Apache License is available at http://www.apache.org/licenses/LICENSE-2.0. Unless
required by applicable law or agreed to
in writing, software distributed under the Apache License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the
Apache License for the specific language governing permissions and limitations under the Apache License. Portions of some Software modules are licensed under the MIT Expat License. This EULA also incorporates the terms of the Verifone Pass Through Terms of Use and Windcave End User License Agreement attached hereto, as applicable to your purchase.
This EULA also governs any future releases, revisions, or enhancements to the Software that EnvisionWare may furnish to you. Your rights and obligations with respect to the use of this Software are as follows:
A. You may:
i. use the Software on the quantity and type of computers indicated on EnvisionWare invoice. You may make that number of copies of the Software licensed to you by EnvisionWare.
ii. make one copy of the Software for archival purposes, or copy the Software onto the hard disk of your computer and retain the original for archival purposes; iii. use the Software on a network, provided that you have a licensed copy of the Software for each computer that can access the Software over that network; and, iv. make printed copies of electronic documentation for your internal use.
B. You may not:
i. transfer, assign, convey, sublicense, rent or lease the Software (or any portion thereof) to another person or entity or unlicensed division, subsidiary, or affiliate (or to anyone other than the entity named as licensee as appearing on the software splash screen), other than to a successor agency, and any transfer in violation hereof shall be of no power or effect; ii. distribute, sell, sublicense, rent, lease or use the Software (or any portion thereof) for time sharing, hosting, service provider or like purposes, except as expressly permitted under this Agreement;
iii. reverse engineer, decompile,
disassemble, modify, translate, make any attempt to
discover, modify or use the source code, underlying ideas, algorithms, file formats or programming interfaces of the Software by any means whatsoever (except and only to the extent that applicable law prohibits or restricts reverse engineering restrictions), o r create derivative works from the Software (any such modifications shall automatically be owned by EnvisionWare upon creation);
iv. utilize any equipment, device, software, or other means designed to circumvent or remove any form of product key or copy protection used by EnvisionWare in connection with the Software, or use the Software together with any authorization code, product key, serial number, or other copy protection device not supplied by EnvisionWare or through an authorized distributor or reseller;
v. use the Software to develop or facilitate development of a product which is competitive with any EnvisionWare product offerings;
vi. post or otherwise publish electronic documentation of the Software for access outside the licensed organization;
vii. use a
previous version or copy of the Software after you have installed a replacement set or an upgraded version and, upon upgrading the Software, all copies of the prior version must be uninstalled or rendered unusable; viii. use a later
version of the Software than is provided in the email with the login credentials except as provided under the Software Product Warranty, unless you have purchased maintenance and update service or h ave otherwise separately acquire d the right to use such later version;
EXHIBIT D, PROJECT PB22-093
ix. remove any product identification, proprietary, copyright or other notices contained in the Software;
x. provide any product key or login information to a third party; or xi. use the Software or product keys in any manner not expressly authorized by this EULA.
2. Thirty Day Money Back Guarantee: If you are the original licensee of the Software and are dissatisfied with it for any reason, and if at any time during the thirty (30) day period following the Effective Date you email EnvisionWare confirming your complete removal and deletion of the complete product and provide a signed statement to EnvisionWare attesting to removal of all software components, then EnvisionWare will provide a full refund, subject to the provisions of the Hardware Return Policy below. Notwithstanding the foregoing sentence, in the event sufficient funds for the performance of this Agreement are not appropriated by you in any fiscal year covered by this Agreement, you may terminate this Agreement by providing thirty (30) days’ prior written notice, provided that you shall pay all amounts owed up to the effective date of such termination and EnvisionWare shall be reimbursed any resulting unamortized, reasonably incurred, nonrecurring costs. EnvisionWare will not be reimbursed any costs amortized beyond the initial term of the Agreement.
3. Hardware Return Policy: Custom printed RFID tags, manufactured, built-t o-order or custom-configured Hardware as designated on a Quotation, such as but not limited to, kiosks or sorters, may not be returned or canceled for any reason. Custom items include an y item listed in an EnvisionWare quotation, product description or order form as being a custom item, or any item which is modified by EnvisionWare after installation. Standard Hardware products may be accepted for return within ninety (90) days of the date of invoice subject to advance, written approval expressed in the form of an EnvisionWare Return Merchandise Authorization (“RMA”). EnvisionWare, at its sole discretion, may grant the right to return standard Hardware products during this return period. Any such returns are subject to a 20% restocking fee unless EnvisionWare determines that the cause of the return is a result of an error on the part of EnvisionWare, in which case EnvisionWare may waive all or part of the restocking fee. No Hardware product will be accepted for return for ANY reason without a Return Merchandise Authorization issued by EnvisionWare. The RMA number must be clearly displayed on any packaging shipped to EnvisionWare. Products returned without an RMA number on the package will be refused. Any return for any reason, whether for an authorized RMA or for warranty support must be shipped to EnvisionWare freight prepaid. Equipment serviced under warranty will be returned freight prepaid.
4. Limited Warranty; Disclaimer:
A. Software Product Warranty: EnvisionWare warrants that the Software as distributed operate in substantial conformity with the documentation (the “Software Product Warranty”) for a period of one (1) year from the delivery of the Software to you (the “Software Warranty Period”). This is the sole warranty EnvisionWare provides for all Software supplied by EnvisionWare, unless specifically stated otherwise in EnvisionWare’s quotation.
EnvisionWare does not warrant that your use of the Software will be uninterrupted or error- free. EnvisionWare’s sole liability (and your sole remedy) in the event of a breach of this Product Warranty will be that EnvisionWare will, in EnvisionWare’s sole discretion, EXHIBIT D, PROJECT PB22-093
(A) use commercially reasonable efforts to provide you with an error correction or a work- around which corrects the reported non-conformity or (B) if EnvisionWare determines such remedies to be impracticable within a reasonable period of time, refund the money you paid for the Software being returned. EnvisionWare does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free. EnvisionWare provides Software product support through the reseller from whom you purchased the Software or directly from EnvisionWare for a period of twelve (12) months from date of delivery of the Software.
B. Hardware Product Warranty: EnvisionWare warrants that EnvisionWare-branded hardware as distributed will be free from material defects (the “Hardware Product Warranty”) for a period of one (1) year from the date of delivery of the EnvisionWare-brand hardware to you (the “Hardware Warranty Period”). Other Hardware components supplied to you by EnvisionWare that are not manufactured or branded by EnvisionWare are covered by the warranties provided by the product manufacturer. EnvisionWare shall have no obligation with respect to a warranty claim unless notified of such claim within th e applicable Software or Hardware Warranty Period. The term “delivery” in this Section 4 means, with respect to Software, the date of invoice, and, with respect to Hardware, “delivery” means the date that the Hardware is delivered to your facility.
C. Exclusions: The above warranties shall not apply: (i) to the extent of issues or problems if the Software or Hardware is used with hardware or software not specified in the documentation; (ii) if any modifications are made to the Software or Hardware by you or any third party; (iii) to defects in the Software or Hardware that are due to accident, abuse or improper use by you or your contractors; or (iv) to any evaluation version or other Software or Hardware provided on a no-charge or evaluation basis. Any replacement Software or Hardware will be warranted for the remainder of the original applicable Software Warranty Period or Hardware Warranty Period.
D. Professional Services Warranty. For any Professional Services provided pursuant to Section 13 below, EnvisionWare warrants that the services will be performed in a workmanlike manner, and that if any Professional Services are not so performed and if you notify EnvisionWare in writing within thirty (30) days after the provision of the particular Professional Service th at the services are not performed properly, EnvisionWare will re- perform such services at no charge to you (the “Professional Services Warranty”). Your sole and exclusive remedy of any breach of this Professional Services Warranty is for EnvisionWare to re-perform such services.
E. THE ABOVE SOFTWARE PRODUCT WARRANTY AND HARDWARE PRODUCT
WARRANTY ARE EXCLUSIVE AND IN LI EU OF ALL OTHER WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTIC ULAR PURPOSE, AND
NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, ALL OF WHICH ARE SPECIFICALLY DISCLAIMED. THE SOFTWARE PRODUCT WARRANTY AND THE HARDWARE PRODUCT WARRANTY GIVE YOU SPEC IFIC LEGAL RIGHTS. YOU
MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
F. EnvisionWare uses virus protection scanning software to scan the Software prior to EXHIBIT D, PROJECT PB22-093
installation and to the best of EnvisionWare’s knowledge as of the installation date, the Software, when installed, does not contain or otherwise introduce any computer virus or any harmful or destructive code which could damage or harm your computers; however, EnvisionWare cannot guarantee that benign or harmful viruses or other malware will not enter your computers or systems.
5. Personal Information:
A. In the event that your (or your users’) use of the Software currently or in the future involves the transmitting, uploading, downloading, storage, management, manipulation or other use of personal information (as defined by the Gramm-Leach-Bliley Act, Payment Card Industry Security Standards Council or other applicable standards or rules relating to electronic transaction processing and personal information, such information referred to herein as “Personal Information”), you agree to the following provisions:
i. You shall maintain as confidential any Personal Information. ii.You covenant that you have, as of the Installation Date become and currently are PCI and HIPAA (as applicable) compliant and shall maintain compliance and/or certification under the PCI (Payment Card Industry),
PCI-DSS, HIPAA and other relevant and applicable
standards relating to
electronic transaction processing and personal healthcare information existing as of the Effective Date and as promulgated thereafter. iii. If
you are de-certified, have your compliance proof expire or are threatened with de- certification, you shall notify EnvisionWare in writing within ten (10) days of such de- certification or threat thereof.
B. EnvisionWare shall
use commercially reasonable technical, organizational, and administrative data security measures designed to maintain the security and confidentiality of your Personal Information entered into the Software, but EnvisionWare is not liable for the confidentiality of any Personal Information in the event of unauthorized access, theft or use of such Personal Information, either by you, your users, or by third parties who access such Personal Information through your systems or unauthorized use of your login credentials, other than to the extent due to the negligence of EnvisionWare or its representatives, agents, or contractors, in breach of EnvisionWare’s obligations under this Agreement.
C. EnvisionWare acknowledges that you may be required to periodically demonstrate to third parties your compliance and that of your applicable vendors with the PCI-DSS standards (Payment Card Industry Data Security Standard) of all the system components used to process, store or transmit “PCI cardholder data” (as that term is defined by PCI-DSS), and any other component that resides on the same network segment that those system components, hereafter known as “System Components in Scope.” Some of those system components and/or processes have been outsourced to EnvisionWare’s service providers (e.g., Verifone, Windcave, Chase E- xact, SecurePay, or the like) (“Service Providers”). Those portions of the system hardware and software developed by EnvisionWare are out of scope for PCI compliance since no PCI cardholder data passes through any EnvisionWare-developed component. Accordingly, EnvisionWare is not required to be PCI compliant. All System Components in Scope are provided by Service Providers.
Service Providers will achieve and maintain PCI DSS compliance against the current version of PCI DSS published on the PCI SSC (PCI Security Standards Council) website. EnvisionWare’s EXHIBIT D, PROJECT PB22-093
D. The obligations of the parties under this Section 5 shall survive any expiration or termination of this EULA.
6. Data:
A. CUSTOMER DATA. In connection with the Software and any related hardware or services provided by EnvisionWare, EnvisionWare may collect and maintain data and information provided by you, your patrons and users (collectively, “Customer Data”). As between EnvisionWare and you, all Customer Data shall be and remain owned by you and be your property. EnvisionWare shall maintain the aspects of all Customer Data that identify an individual as confidential. All third parties authorized by EnvisionWare which may have
access to the Customer Data shall be under obligations of confidentiality to maintain the Customer Data as confidential.
B. USE OF CUSTOMER DATA. EnvisionWare shall have the right to use Customer Data in connection with EnvisionWare’s business, provided that such data shall be Anonymized or aggregated
such that Personal Information has been de-identified so that one could not link anonymized information back to a specific individual (“Anonymized Data”). “Anonymize” means to either (1) irreversibly process Personal Information in such a way that the data can no longer be attributed to a specific individual, or (2) to process such information in such a way that the data can no longer be attributed to a specific individual without the use of additional information, and where such additional information is kept separate and under adequate security to prevent unauthorized re-identification of a specific individual. All such Anonymized Data shall be the sole property of EnvisionWare. EnvisionWare may use, disseminate, share, or transfer the Anonymized Data or any portion thereof in any way EnvisionWare chooses.
C. ENVISIONWARE DATA. EnvisionWare may also collect data and information in connection with the service that EnvisionWare provides generally (but not including Customer Data) through its services (“EnvisionWare Data”). You acknowledge and consent that the Software may communicate (e.g., via an outbound or inbound call using SSL) with EXHIBIT D, PROJECT PB22-093
Service Providers with System Components in Scope have represented to EnvisionWare that they are compliant. As evidence of compliance, Service Providers will provide, when requested, a current attestation of compliance (“AOC”) signed by a PCI QSA (Qualified Security Assessor).
AOCs are available for download from EnvisionWare's Customer Center on EnvisionWare’s website at http://support.envisionware.com. Service Providers have represented to E
nvisionWare that they will create and maintain reasonably d etailed, complete and accurate documentation
describing the systems, processes, network segments, security controls, and dataflow used to receive, transmit, store and secure Customer’s PCI cardholder data. Such documentation will conform to the most current version of PCI DSS. Service Providers have represented to EnvisionWare that they will, upon written request by you, make such documentation and the individuals responsible for implementing, maintaining and monitoring those system components and processes available to: a) QSAs, forensic investigators, consultants or attorneys retained by you to facilitate audit and review of your PCI-D SS compliance and b) your IT Audit Staff.
EnvisionWare maintains protective coverage for PCI breach protection in the United States in the amount of $100,000.00 per breach incident (not per individual affected), which will cover the costs of responding to a breach or a suspected breach caused by the eCommerce system.
EnvisionWare’s servers (which may be hosted by a third-party service provider) and support personnel, or vice versa, to communicate diagnostic, event logs, support, licensing, compliance, and other information (which is included in the definition of EnvisionWare Data).
Some communication may be done automatically by the Software without your needing to be involved, other communication may be at your initiation (e.g., uploading logs) or initiated by EnvisionWare. All such EnvisionWare Data shall be the sole property of EnvisionWare.
7. Confidential Information: Each party agrees that all code, inventions, know-how, business, technical and financial information it obtains (“Receiving Party”) from the disclosing party (“Disclosing Party”) constitute the confidential property of the Disclosing Party (“Confidential Information”), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be Confidential Information due to the nature of the information disclosed and the circumstances surrounding the disclosure. Any software, documentation or technical information provided by EnvisionWare (or its agents), performance information relating to the Software, and the terms of this Agreement shall be deemed Confidential Information of EnvisionWare without any marking or further designation except as such disclosure is required by FOIA requirements.
Except as expressly authorized herein, the Receiving Party will hold in confidence and not use or disclose any Confidential Information. The Receiving Party’s nondisclosure obligation shall not apply to information which the Receiving Party can document: (a) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (b) is or has become public knowledge through no fault of the Receiving Party; (c) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; (d) is independently developed by employees of the Receiving Party who had no access to such information; or (e) is required to be disclosed pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party). The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party the Disclosing Party shall be entitled to appropriate equitable relief in addition to whatever other remedies it might have at law. The obligations under this Section 7 shall, with r espect to Confidential Information, continue for a period of two (2) years after disclosure and, with respect to any information considered by and treated as a trade secret by the Disclosing Party, continue until the trade secret status has been lost.
8. Indemnification:
A. Infringement. Subject to your compliance with the terms of this EULA, EnvisionWare shall indemnify and hold harmless you and your officers, directors, employees and agents from and against all third party actions, suits, proceedings, claims, losses, liabilities, damages, and expenses (including attorneys’ and experts’ fees and sums reasonably expended in investigation and settlement of litigation, pending or threatened), to the extent such claim alleges that the Software (in each case as provided by EnvisionWare) infringes any copyright, U.S. patent right, trade secret right, or other intellectual property right provided, however, that you must comply with the following terms: EnvisionWare must have received from you: (i) prompt written notice of such claim (but in any event notice in sufficien t time for EnvisionWare to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defense, and settlement (if applicable) of such claim; and (iii) all reasonable EXHIBIT D, PROJECT PB22-093
necessary cooperation by you. In the event that the Software is, or in EnvisionWare’s sole opinion is likely to be, enjoined or subject to a claim due to the type of infringement described in this Section 8, EnvisionWare, at its option and expense, may (a) replace the Software with functionally equivalent non-infringing Software or (b) obtain a license for your continued use of the Software, or, if the foregoing alternatives are not reasonably available to EnvisionWare (c) terminate this EULA and refund a pro rata amount, as determined by EnvisionWare, of the purchase price of the Software and Hardware. Notwithstanding the above, EnvisionWare shall have no liability for any infringement claim which: (i) pertains to any Software that has been altered or modified without EnvisionWare’s prior written approval; (ii) is based on use of the Software in conjunction with any item not provided by EnvisionWare, unless such use is shown to constitute the infringement when not used in conjunction with the item not provided by EnvisionWare; (iii) pertains to any unauthorized use of the Software; (iv) pertains to an unsupported release of the Software; or, (v) pertains to any Open Source Software or other third party code provided with the Software. THIS SECTION 8 SETS FORTH ENVISIONWARE’S
SOLE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM OF INTELLECTUAL PROPERTY INFRINGEMENT.
B. EnvisionWare shall indemnify, defend and hold you harmless from any losses (including, but not limited to, damage awards, reasonable attorneys’ fees and costs, cost of notification, remediation, and penalties) you incur due to any third party claim or action directly resulting from any Data Breach of your (or your patrons’) Personal Information to the extent that such losses are due to the direct act or omission of EnvisionWare or its representatives, agents, or contractors. This Section 8B shall apply only for so long as you are under a written annual support agreement with EnvisionWare (for which you have fully paid) for the Software and applies only to the Software covered by such support agreement.
Furthermore, if you allow such support agreement to expire and subsequently purch ase a support agreement, the obligations under Section 8B shall not apply to any third party claims arising from or during the period for which no support agreement was active.
9. Limitation of Liability: SOME STATES AND COUNTRIES, INCLUDING MEMBER
COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO THE LIMITATION OR EXCLUSION BELOW MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICAB LE
LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS
OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL ENVISIONWARE OR ITS
LICENSORS BE LIABLE TO YOU FOR ANY LOSS OF USE, LOST DATA, FAILURE OF
SECURITY MECHANISMS (OTHER THAN THOSE CONTAINED IN THE SOFTWARE),
INTERRUPTION OF BUSINESS OR ANY SPEC IAL, C ONSEQUENTIAL, INDIRECT,
PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS
ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR
HARDWARE, EVEN IF ENVISIONWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL ENVISIONWARE’S OR ITS LICENSORS’ TOTAL LIABILITY (A)
FOR ANY SOFTWARE AND HARDWARE PRODUCTS COVERED UNDER THIS EULA, EXCEED TWO (2) TIMES THE PUR CHASE PRICE FOR THE SOFTWARE AND HARDWARE OR (B) FOR ANY SERVICES, EXCEED TWO (2) TIMES THE FEES PAID EXHIBIT D, PROJECT PB22-093
EXHIBIT D, PROJECT PB22-093
BY YOU FOR THE SERVICES (EXCLUDING MAINTENANCE AND SUPPORT SERVICES) WHICH DIRECTLY CAUSED THE DAMAGES ALLEGED.
The disclaimers and limitations set for th above in this Section 9 will apply regardless of whether you accept th e Software or Hardwar e or Professional Services. The parties agree that the limitations specified in this Section 9 will su rvive any expiration or terminatio n of this EULA and apply even if any limited remedy specified in this EULA is found to have failed of its essential purpose.
10. U.S. Government Restricted Rights: RESTRICTED RIGHTS LEGEND. All EnvisionWare Software and documentation are commercial in nature. The Software and documentation are “Commercial Items”, as that term is defined in 48 C.F.R. section 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are defined in 48 C.F.R. section 252.227-7014(a)(5) and 48 C.F.R. section 252.227-7014(a)(1), and used in 48 C.F.R. section 12.212 and 48 C.F.R. section 227.7202, as applicable. Consistent with 48 C.F.R. section 12.212, 48 C.F.R. section 252.227-7015, 48 C.F.R. section 27.7202 through 227.7202-4, 48 C.F.R. section 52.227-14, and other relevant sections of the Code of Federal Regulations, as applicable. EnvisionWare’s computer Software and software documentation are licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in this EULA. The manufacturer is EnvisionWare, Inc., 1960 Satellite Blvd., Suite 4100, Duluth, GA 30097-4127 USA.
11. Export Compliance: You acknowledge that the Software is subject to export restrictions by the United States government and import restrictions by certain foreign governments. You shall not, and shall not allow any third-party hired or under contract by you, to, remove or export from the United States or allow the export or re-export of any part of the Software or any direct product thereof: (i) into (or to a national or resident of) any embargoed or terrorist-supporting country; (ii) to anyone on the U.S. Commerce Department’s Table of Denial Orders or U.S.
Treasury Department’s list of Specially Designated Nationals; (iii) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval; or (iv) otherwise in violation of any export or import restrictions, laws or regulations of any United States or foreign agency or authority.
12. Third-Party Code: The Software may contain or be provided with components subject to the terms and conditions of "open source" or freeware software licenses ("Open-Source Software").
Licenses for open source are identified in Section
1. To the extent required by the license that accompanies the Open-Source Software, the terms of such license will apply in lieu of the terms of this EULA with respect to such Open Source Software, including, without limitation, any provisions governing access to source code, modification or reverse engineering.
13. Professional Services: Upon request and agreement between the parties, EnvisionWare may provide consulting, training, installation, development, customization, report creation or other services (“Professional Services”). You may order Professional Services under a Statement of Work (“SOW”) describing the work to be performed, fees and any applicable
14. General: This EULA is the entire agreement between you and EnvisionWare relating to the license and use of the Software and Hardware, and relating to the Professional Services. This EULA
supersedes all prior EnvisionWare end user license agreements for the Software and for any Professional Services. EnvisionWare may terminate this EULA upon your breach of any term contained herein. Upon termination, you shall cease use of, uninstall or render inoperable, and delete destroy all copies of the Software. The disclaimers of warranties and damages and limitations on liability shall survive termination. No provision of any purchase order or other business form employed by you will supersede the terms and conditions of this EULA, and any such document relating to this EULA shall be for administrative purposes only and shall have no legal effect. The parties to this EULA are independent contractors with respect to one another. There is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties. Neither party will have the po wer to bind the other or incur obligations on the other party’s behalf without the other party’s prior written consent. This document may not be changed. In the event of any conflict with local law, the sole method for changes to EULA language are the incorporation of overriding text in an Agreement or a separate EULA Amendment.
15. Governing Law; Jurisdiction and Venue: This Agreement shall be governed by the laws of the State of Georgia and the United States without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods or the
Uniform Computer Information Transactions Act, as currently enacted by any jurisdiction or as may be codified or amended from time to time by any jurisdiction.
16. Software Escrow: At your request, EnvisionWare is willing to set up and maintain the Software with EnvisionWare’s independent U.S. escrow agent and make ongoing escrow deposits for
significant updates. You would be responsible for additional fees for this service.
Please contact EnvisionWare to for more information and pricing.
17. Insurance:
EnvisionWare will, upon your request, provide you with a certificate of insurance
showing that it carries or has in force each of the following types of insurance: general liability--$1,000,000 per occurrence and $1,000,000 general aggregate; professional liability-- $1,000,000 per occurrence or claim and $1,000,000 aggregate; and cyber (aka electronic e/o)--
$1,000,000 per occurrence or claim and $1,000,000 aggregate. If EXHIBIT D, PROJECT PB22-093
milestones, dependencies and other technical specifications or related information. Each SOW must be signed by both parties before EnvisionWare shall commence work under such SOW.
If the parties do not execute a separate SOW, the Services shall be provided as stated on the invoice. You will reimburse EnvisionWare for reasonable travel and lodging expenses as incurred. EnvisionWare shall be deemed the sole owner of any work product created and deliverables (including any documentation, code, Software, training materials or other work product) (collectively referred to as the “Deliverables”) delivered pursuant to the Professional Services, whether created solely by EnvisionWare or jointly with you or your contractors.
Subject to your full payment of any and all fees pursuant to the applicable SOW, EnvisionWare grants to you the limited, nontransferable right to use any Deliverables delivered as part of the Professional Services solely in connection with your permitted use of the Software, subject to all the same terms and conditions as apply to your Software license (including the restrictions set forth in Section 1B), and subject to any additional terms and conditions provided with the Deliverables. EnvisionWare provides the Professional Services Warranty as stated in Section 4D above.
EnvisionWare does on-site installation or training, it will carr y wor kers' compensation insurance that provides statutorily required workers' compensation coverage and employers' liability insurance with limits of $500,000 per accident, $500,000 disease - each employee, $500,000 disease - policy limit. EnvisionWare's insurance is primary.
EnvisionWare is responsible for the payment of any deductibles or self-insured retentions.
You will receive thirty (30) days' notice of cancellation.
18. Purchase in Australia: If you purchase Software, Hardware, or services from EnvisionWare Pty Ltd or its partners, the laws of South Australia, Australia govern all warranty and service claims. EnvisionWare Pty Ltd is authorized to convey and effect all of the rights expressed in this EULA for its direct and indirect customers.
19. Contact Us: Should you have any questions concerning this EULA, or if you desire to contact EnvisionWare for any reason, please email [email protected] or write to:
EnvisionWare, Inc., 1960 Satellite Blvd., Suite 4100, Duluth, GA 30097-4127 USA, unless you purchase from an Asia Pacific country in which case, please write EnvisionWare Pty Ltd, 258 Payneham Road, Payneham, SA 5070 Australia. Revised Jan 2022 © 2002-2022 EnvisionWare, Inc. All Rights Reserved.
PASS THROUGH EULAs FOR PCI-RELATED PRODUCTS
The Verifone EULA applies to customers located in the United States th at use EnvisionWare Products supporting credit card payment. The Windcave EULA is appliable to customers that use EnvisionWare Products supporting credit card payment located in Australia, Canada, Ireland, New Zealand an d other countries where Windcave terminal and web services are applicable using Windcave gateways and/or terminals. EnvisionWare has no ability to modify these EULAs that are provided by Verifone and Windcave respectively.
VERIFONE PAYMENT GATEWAY TERMS OF USE
Solely for the purposes of the following Verifone Terms of Use, the following terms shall have their associated mean ings. “Agreement” means the Verifone Terms of Use. “B PP” means Verifone’s Buyer Protection Program. “Covered Territory” means your location(s). “Customer Agreement” means the EULA. “Payment Gateway” means Verifone’s transaction gateway portal which provides transaction routing, online reporting and other tools made available by the portal. “Point Solution” and “Rental Devices” mean the Point Solution hardware and Software manufactured or provided by Verifone and offered by EnvisionWare under the EULA. “Reseller” means EnvisionWare. “Software” means the software accomp anying the Point Solutions Rental Devices. “Verifone” means VeriFone, Inc.
VERIFONE PASS THROUGH TERMS OF USE
1. The following are Verifone’s Pass Through Terms of Use for its Point Solution Rental Device hardware and Software.
2. Each Verifone payment device used with the Point Solution is subject to an initial service term of 36 months (the “Initial Service Term”). Subject to the terms of the Customer Agreement, with respect to a particular Verifone payment device, Verifone shall provide the EXHIBIT D, PROJECT PB22-093
Point Solution to customer for a service term commencing (A) for Rental Devices (or any other payment devices shipped directly by Verifone), on the date such devices are shipped by Verifone, or (B) for any other payment devices, on the date on which such device is activated on the Payment Gateway, and in any case ending on the earliest of (1) the date on which Reseller removes such device from the Payment Gateway, (2) upon Verifone’s ceasing to provide the Point Solution for a payment device, which Verifone shall have the right to do on thirty days’ notice to customer following the Initial Service Term for such device, and (3) termination of customer’s right to use the Point Solution by Reseller due to breach by customer of the Customer Agreement (the “Service Term”). In addition, in the event Verifone’s separate agreement with Reseller terminates or Verifone ceases to offer the Point Solution to its customers generally, Verifone reserves the right to terminate the Service Terms for any or all Verifone payment devices. Upon the termination of the Service Term for a particular Verifone payment device, customer shall cease using the Point Solution for such payment device. In the event that a customer desires to end the Service Term for a payment device, the customer must request that Reseller remove the applicable device from the Payment Gateway on its behalf; Verifone will not be responsible for removing a payment device from the Payment Gateway provided that, notwithstanding customer’s earlier request, the Service Term will end on the day Reseller actually removes the device from the Payment Gateway.
3. Subject to the terms of this Agreement and customer’s payment of the applicable fees, Verifone hereby grants to customer a limited, non-exclusive, non-transferable, non-sub- licensable right and license, in the Covered Territory during the Service Term for each payment device, to access and use the Point Solution subscribed to hereunder solely for customer’s internal business purposes. Notwithstanding the foregoing, Reseller will be responsible for managing and monitoring customer’s payment devices on customer’s behalf, including with respect to the installation of payment applications and key loading, and customer will not be able to directly man age or monitor its payment devices via the Payment Gateway portal.
Verifone may modify the Point Solution from time to time in its reasonable discretion, provided that such modifications shall not materially diminish the functionality thereof. If Reseller fails to pay Verifone for services rendered in accordance with its agreement with Verifone, Verifone reserves the right to withhold customer’s access to the Point Solution until such fees are paid in full, and Verifone shall not have any liability to customer for any amounts paid to Reseller and not received by Verifone for such services.
4. Customer shall have no right to market, distribute, sell, assign, pledge, sublicense, lease, deliver or otherwise transfer the Point Solution, or any component thereof, including without limitation the Software, to any third party. Customer shall not reverse engineer, decompile, disassemble, translate, modify, alter or create any derivative works based upon the Software, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the Software, without the prior express written consent of Verifone. Customer shall not remove from the Rental Devices or the Software, or alter, any of trademarks, trade names, logos, patent or copyright notices, or other notices or markings, or add any other notices or markings to the Rental Devices or the Software, without the prior express written consent of Verifone.
5. Customer acknowledges that the Point Solution (including any related documentation) and any intellectual property rights relating to or residing therein (including any patents, copyrights, trade secrets, trademarks, trade names or mask work rights), including the EXHIBIT D, PROJECT PB22-093
proprietary electronics, software and technical information of Verifone therein, are proprietary products of Verifone and that ownership of such shall remain with and inure to Verifone.
Except for the license rights set forth in this clause 5, customer shall have no right, title or interest therein.
6. Customer grants VeriFone a limited, non-exclusive and irrevocable license during and after the term of this Agreement to follow customer’s activity inside of the Point Solution components and to use, share, and disseminate data from customer’s activity (including its transactions) on an aggregate and anonymous basis only (such data, “Derived Data”), including for purposes of data analytics and optimizing or otherwise enhancing its products and services.
VeriFone will comply with all applicable laws with respect to any use, sharing and dissemination of Derived Data. This clause 6 shall survive any expiration or termination of this Agreement.
7. VERIFONE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR
STATUTORY, WITH RESPECT TO THE POINT SOLUTI ON, INCLUDING WITHOUT
LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-I NFRINGEMENT OF THIRD PARTY RIGHTS.
VERIFONE DOES NOT WARRANT THAT THE POINT SOLUTION, OR ANY
COMPONENT THEREOF, WILL MEET THE REQUIREMENTS OF CUSTOMER OR
THAT THE OPERATION OF THE POINT SOLUTION, OR ANY COMPONENT THEREOF, WILL BE UNINTERRUPTED OR ENTIRELY ERROR FREE. CUSTOMER
ACKNOWLEDGES THAT UNDER NO C IRCUMSTANCES DOES VERIFONE
REPRESENT OR WARRANT THAT ALL ERRORS IN ANY SOFTWARE CAN BE REMEDIED. NO ADVICE OR INFORMATION OBTAINED BY CUSTOMER FROM
VERIFONE OR FROM ANY OTHER THIRD PARTY ABOUT THE POINT SOLUTION SHALL CREATE ANY WARRANTY.
8. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE CUSTOMER AGREEMENT: EXCEPT TO THE EXTENT PROHIBITED BY LAW:
(A) VERIFONE SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY THIRD PARTY
FOR SPECIAL, INCIDENTAL, INDIRECT, EXEMPLAR Y, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF BUSINESS,
LOSS OF PROFITS OR REVENUE, GOODWI LL OR SAVINGS, DOWNTIME, OR
DAMAGE TO, LOSS OF OR REPLACEMENT OF DATA OR TRANSACTIONS, COST OF
PROCUREMENT OF SUBSTITUTE SERVICES) RELATING IN ANY MANNER TO THE
POINT SOLUTION (WHETHER ARISING FROM CLAIMS BASED IN WARRANTY,
CONTRACT, TORT OR OTHERWISE), EVEN IF VERIFONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGE;
(B) IN ANY CASE, VERIFONE’S ENTIRE LIABILITY RELATING IN ANY MANNER TO
THIS AGREEMENT OR THE POINT SOLUTI ON, REGARDLESS OF THE FORM OR
NATURE OF THE CLAIM, SHALL BE LIMITED IN THE AGGREGATE TO THE FEES
ACTUALLY RECEIVED BY VERIFONE FROM RESELLER FOR CUSTOMER FOR THE POINT SOLUTION UNDER THE CUSTOMER AGREEMENT DURING THE SI X ( 6) MONTHS PRIOR TO THE CLAIM ARISING; AND (C) VERIFONE SHALL NOT BE
LIABLE FOR ANY CLAIMS OF THIRD PARTIES RELATING TO THE POINT EXHIBIT D, PROJECT PB22-093
SOLUTION. THE LIMITATIONS ON VERIFONE’S LIABILITY SET FORTH IN CLAUSES “(B)” AND “(C)” OF THIS SECTION SHALL NOT APPLY TO LIABILITY
FOR DEATH, PERSONAL INJURY OF A PHYSICAL NATURE OR DAMAGE TO TANGIBLE PROPERTY CAUSED BY VERIFONE’S NEGLIGENCE OR INTENTIONAL MISCONDUCT. THE LIMITATIONS CONTAINED IN CLAUSE 7 ABOVE AND THIS CLAUSE 8 ARE A FUNDAMENTAL PART OF THE BASIS OF VERIFONE’S BARGAIN
HEREUNDER, AND VERIFONE WOULD NOT PROVIDE THE POINT SOLUTION TO
CUSTOMER ABSENT SUCH LIMITATIONS
9. Customer shall comply with all applicable laws, rules, and regulations in connection with this Agreement, including, but not limited to, export control laws and anti-corruption and anti- bribery laws, rules, and regulations. Customer agrees that if Verifone reasonably believes that customer is in breach of this clause 9, that alone shall be sufficient grounds for further action by Verifone, including, without limitation, cancellation of any orders or denial of future business, without any liability or obligation to customer. In addition, customer hereby indemnifies Verifone and its affiliates, directors, officers and employees for all costs, expenses, damages, claims, charges, penalties, fines and other losses that arise in connection with any breach by customer or customer subsidiaries, owners, officers, directors, employees, partners, subcontractors, agents and representatives of the terms and conditions contained in this clause
9. 10. VERIFONE SHALL BE A THIRD-PARTY BENEFICIARY OF THIS AGREEMENT,
WITH THE RIGHT TO ENFORCE THE TERMS HEREOF AGAINST CUSTOMER WITH RESPECT TO THE POINT SOLUTION.
11. In the case of any customer agreements that include Rental Devices:
A. Verifone Property. The Rental Devices shall remain the property of Verifone.
Customer shall have no right, title or interest therein except as a lessee under this Agreement.
Customer shall keep all Rental Devices free and clear from all liens, includ ing any direct or indirect charge, encumbrance, lien, security interest, legal process o r claim against the Rental Devices. Customer may not assign, hypothecate, sublet, sell, transfer, permit the sale of or part with possession of all or any of the Rental Devices or interest in the Customer Agreement, without Verifone’s prior written consent. If customer fails to pay any undisputed fees when due, and fails to cure such failure within ten (10) business days of written notice thereof, Verifone may, at any time thereafter enter, with or without legal process, any premises where any
Rental Device may be, and repossess and remove such Rental Device. Customer hereby waives
any claim of trespass or right of action for damages by reason of such entry and repossession. In addition, customer shall pay to Verifone any actual additional expenses incurred by Verifone in collection efforts.
B.
Upgrades. Customer may, commencing on the one year anniversary of the start of the Service Term for a Rental Device, upgrade to a different Rental Device (in which event customer may be subject to an increase in fees based on the new Rental Device subscription fee). For such upgrades, customer shall be required to commit to a new Initial Service Term for such Rental Device and shall be required to return the old Rental Device in accordance with
clause (d) below.
C. Loss and Damage. Subject to Verifone’s obligation to provide the Services, customer assumes and shall bear the entire risk of loss or damage to the Rental Devices from any use EXHIBIT D, PROJECT PB22-093
whatsoever from the date of delivery of the Rental Devices to the customer site, until such Rental Devices are returned to Verifone. No loss or damage shall relieve customer from the obligation to make payments hereunder or to comply with any other obligation under the Customer Agreement. In the event of a loss of a Rental Device (but not damage), customer shall immediately notify Reseller thereof. With respect to any lost Rental Device, customer shall be obligated to pay Reseller the Non-Return Fee applicable to such Rental Device.
Subject to Verifone’s receipt of such Non-Return Fee from Reseller, Verifone shall ship customer a new or refurbished replacement Rental Device. At all times payments for the Point Solution for such Rental Device shall continue in effect.
D. Return at End of Service Term. At the end of the Service Term for a Rental Device, customer shall return such Rental Device to Reseller or Verifone, as directed by Reseller.
When returning a Rental Device to Verifone a Material Return Authorization number is required. If a Rental Device is not returned to Verifone within thirty (30) days of the end of its Service Term, customer shall be obligated to pay Reseller the Non-Return Fee for such Rental Device. If, upon return of the Rental Device, Verifone determines that the Rental Device requires repair that is not covered by the BPP or Repair Services (e.g., “Out of Scope” or “Limitations”), customer shall be required to pay Reseller for such services at Verifone’s standard fees.
EXHIBIT D, PROJECT PB22-093
WINDCAVE, INC. END USER LICENSE AGREEMENT (EULA)
Windcave was formerly known as Payment Express (PX).
T
his WINDCAVE END USER LICENSE AGREEMENT (this “Agreement”) is made as of the Effective Date (the date Customer signs this Agreement), by and between WINDCAVE INC., a California corporation (“PX”), and the party set forth on the signature page hereto (“Customer”).
1. Definitions and Interpretation
1.1 Definitions: In this Agreement, unless the context indicates otherwise:
“Acquirer “ means a bank or any financial institution or a card issuer of financial or non- financial transactions which receives and transmits Transactions via Windcave; “Agreement “ means this Agreement, and any attachments that may be agreed between the parties, as each may be amended in writing from time to time; “Business Day “ means any day of the week except Saturday, Sunday or a day on which banks are authorized or required to be closed in California;
“Chargeback “ means the procedure by which a sales record or other indicia of a card transaction (or disputed portion thereof) is denied or returned to Bank or the card issuer after it was entered into the appropriate settlement network for payment, in accordance with the rules of Visa, MasterCard or a similar card association (“Rules”), for failing to comply with the Rules, including, without limitation by reason of cardholder disputes, the liability for which is Customer’s responsibility and Customer agrees to pay.
“Confidential Information “ means, in relation to either party, any information:
a) relating to the terms of this Agreement;
b) relating directly or indirectly to research or development by, accounting for, or the marketing of, the business of that party or its suppliers or customers; c) disclosed by that party to the other party on the express basis that such information is confidential; or
d) which might reasonably be expected by the other party to be confidential in nature; “Customer “ means the customer specified on the first page of this Agreement and where applicable includes its employees, contractors and agents. “Documentation “ means any user, training or system manuals for Windcave (whether in printed or electronic form) which describes and provides guidance on the use of Windcave (or any aspect of Windcave);
“Goods “ means electronic devices produced by PX or sold by PX to Customer, Reseller, or a third party;
“Intellectual Property “ means registered and unregistered trade marks (including logos and trade files), domain names, copyright, patents, petty patents, utility models, registered and unregistered designs, circuit layouts, rights in computer software, databases and lists, Confidential Information, software (whether in object code or source code), and all other rights anywhere in the world resulting from intellectual activity; “Windcave “ means the Windcave solution provided by PX for the transmission of data r
elating to Windcave Supported Transactions between a Customer and an Acquirer, EXHIBIT D, PROJECT PB22-093
incorporating the Software and including access (via the internet) to the Windcave Host; “Windcave Host “ means the PX host server known as Windcave Host to which Customer may be connected using the Software and which is in turn linked to an Acquirer to enable Windcave Supported Transactions to be processed in real time; “Windcave Supported Transactions “ means transactions from Customers:
a) accepting payment for goods and services by means of credit card, debit card, prepaid card, gift card or any other means of payment which PX agrees to support through Windcave from time to time;
b) accepting loyalty cards, rewards cards, points cards, discount cards or club cards; or c) providing services in relation to the sale and use of any of the cards referred to in paragraphs (a) and (b) above including the issue of such cards and the crediting or debiting of value to such cards;
“Payment Manager “ means Windcave Merchant Portal which Customer is able to access by logging onto the PX Website with an assigned username and password; “PCI Standards “ means the Payment Card Industry standards, requirements and guidelines issued by the Payment Card Industry Data Security Council from time to time including the Payment Card Industry Data Security Standard PIN Entry Device requirements and guidelines, and the Payment Application Data Security Standard; “Permitted Use “ means the transmission to, and receipt from, an Acquirer of data relating to Windcave Supported Transactions and expressly excludes, without limitation, use for the processing of transactions of, or for the benefit of, any person other than Customer;
“Reseller “ means the party with whom Customer has entered into an agreement for the purchase of a license to Windcave;
“Reseller Agreement “ means the agreement between the Customer and the Reseller; “PX “ means Windcave Inc., a corporation duly formed in California with offices in Los Angeles, California.
PX Logo means the PX logo supplied (in electronic format) by PX to Customer (as may be updated from time to time by PX);
“PX Website “ means the website maintained by PX and accessible by Customer for viewing transactions, data entry, refunding, report generating and other features related to Transactions;
“Software “ means the software and other related PX products which:
a) form part of Windcave; and
b) is owned or licensed by or developed by, or on behalf of, PX and supplied to Customer, including all upgrades, updates, alterations and modifications and other changes to such software by or on behalf of PX from time to time, but excluding any third party software and firmware forming part of, or supplied with, the Windcave solution;
“Transaction “ means a message pair consisting of a message relating to a Windcave Supported Transaction transmitted by Customer to an Acquirer through Windcave and a response to that message from the Acquirer to Customer through Windcave; EXHIBIT D, PROJECT PB22-093
“Tokenized Data “ means data for which PX has substituted a sensitive data element with a non-sensitive equivalent that has no extrinsic or exploitable meaning or value.
1.2 Interpretation: In this Agreement, unless the context indicates otherwise:
a) the singular includes the plural and vice versa;
b) clause and other headings are for ease of reference only and will not affect this Agreement's interpretation;
c) the term “includes “ or “including “ (or any similar expression) is deemed to be followed by the words without limitation;
d) references to a “person “ include an individual, company, corporation, partnership, firm, joint venture, association, trust, unincorporated body of persons, governmental or other regulatory body, authority or entity, in each case whether or not having a separate legal identity;
e) any obligation not to do anything includes an obligation not to suffer, permit or cause that thing to be done; and
f) in the event of any inconsistency between the terms this Agreement and the terms of the Reseller Agreement, the terms of this Agreement will control.
2. Term
2.1 Term: This Agreement commences on the Effective Date and will continue until terminated under Clause 9 (the “Term”).
3. Customer Responsibilities
Customer represents and agrees that it:
3.1 Power and Authority: that it has full power and authority necessary to validly enter into and perform all its obligations under this Agreement
3.2 Requirements: to comply with the other party's reasonable security, confidentiality and operational requirements of which it has been given reasonable notice
3.3 Suitability: has made, and will continue to make, its own assessment of the suitability, adequacy, compatibility and appropriateness of Windcave for its purposes;
3.4 Comply with Instructions: will comply with PX’s restrictions, instructions and Documentation in relation to the use of Windcave, including those set out in this Agreement;
3.5 Use by Others: will ensure that only authorized persons use Windcave and that Windcave is used only for the Permitted Use and as expressly authorized under this Agreement;
3.6 Responsibility for Use: will accept all responsibility for the reliance on and use of Windcave by Customer and its employees, contractors and agents;
3.7 Obtain Equipment Etc.: will obtain and maintain all equipment, software and services needed to enable it to receive and use Windcave;
3.8 Accurate Customer Information: warrants that all information provided by Customer to PX in the Application Form is accurate and correct, and that Customer will notify PX in writing if such information changes or ceases to be accurate in any way;
3.9 Provide Sufficient Information: will ensure that sufficient information is given to PX EXHIBIT D, PROJECT PB22-093
to enable PX to comply with its obligations under this Agreement and that such information is timely, complete and accurate;
3.10 Personal Information: acknowledges that any personal information concerning Customer or its personnel which is provided to PX by or on behalf of Customer may be:
a) used by PX for the purpose of providing Windcave, the Support Services and any other services to Customer; and
b) disclosed by PX to its affiliates and other services providers to enable PX to provide Windcave, the Support Services and any other services to Customer;
3.11 Notify of Third Party Infringement: will immediately notify PX upon becoming aware of any third party infringing PX's Intellectual Property rights in any manner;
3.12 Responsible for Connecting to Windcave Host: is responsible for all charges and costs associated with connecting to the Windcave Host to operate Windcave. PX will provide Customer with reasonable technical information and Software necessary to enable Customer to connect to the Windcave Host; and
3.13 Comply with Law Generally: will comply with all relevant laws in its use of Windcave and carrying out its obligations under this Agreement.
3.14 Requisite Review of Payline Portal: will review Customer’s Payline portal, established by PX, with due care on a daily basis for transaction errors. If an error is discovered by Customer, Customer will notify PX in writing within three (3) Business Days of the date such error occurs; provided that PX will have no liability or obligations of any kind with respect to errors that are not reported to PX within such three (3) Business Day period. In addition, Customer shall be required to review with due care its bank settlement files on a daily basis to ensure deposits occur without error. If an error is discovered by Customer in the course of such review, Customer will notify PX in writing within three (3) Business Days of the date of such error occurring; provided that PX will have no liability or obligations of any kind with respect to errors that are not reported to PX within such three (3) Business Day period. PX’s liability under this Section 3.14 (Requisite Review of Payline Portal) of the Agreement is governed by, and fully subject to, the terms of Section 9 of this Agreement.
3.15 Improperly Deposited Funds: will return funds that PX deposits in Customer’s bank account(s) that do not rightfully belong to Customer (“Improperly Deposited Funds”) without offset or delay. Customer will return all Improperly Deposited Funds to PX within five (5) calendar days of a written request to do so by PX. If Customer fails to comply with the terms of this Section, PX may immediately suspend services to Customer until Customer returns the Improperly Deposited Funds. Customer will be liable to PX for the Improperly Deposited Funds, and all costs (including legal costs on an attorney-client basis) incurred by PX in recovering the Improperly Deposited Funds.
3.16 Return of Old Goods: For Goods that Customer ceases using for the Permitted Use (“Unused Goods”), Customer will return such Unused Goods to PX within 30 calendar days. Unused Goods include, but are not limited to, Goods Customer has ceased using due to the Goods becoming obsolete, Goods that no longer operate, and Goods that are replaced per warranty. Customer will pay all shipping fees and costs associated with returning the EXHIBIT D, PROJECT PB22-093
Unused Goods to PX. Alternatively, instead of returning Unused Goods to PX, Customer may provide PX a secure destruction certificate evidencing that the Unused Goods were destroyed in compliance with the Security Standards within the same 30 calendar day period.
4. Disclaimer of Warranties
4.1 Limitations on Warranties: To the fullest extent permitted by law, except as expressly set out in this Agreement, PX disclaims and excludes all warranties, conditions, terms, representations or undertakings, whether express, implied, statutory or otherwise, including any condition or warranty of merchantability or fitness for a particular purpose.
PX does not warrant that:
a) Windcave, the Software or the Documentation will meet Customer's requirements; or
b) Windcave, the Software and the Documentation will be uninterrupted or error free, or that all errors will be corrected.
Customer understands and acknowledges that an authorization obtained through Windcave only confirms the availability of the cardholder’s credit at the time of the authorization. It does not warrant that the person presenting the card is the rightful cardholder, nor is it an unconditional promise, guarantee or representation by Bank, processor or PX that a transaction is or will be deemed valid and not subject to dispute, debit or chargeback.
4.2 No Requirement to Decrypt Tokenized Data: PX will at no time be obligated to decrypt and transmit Tokenized Data to Customer or any third party.
5. Intellectual Property
All Intellectual Property rights in Windcave, the Software, the Documentation and any work or thing developed or created by or on behalf of PX under or in connection with this Agreement (such work or thing being Developed Works), are exclusively owned by PX (or PX's licensors or suppliers). Customer acknowledges that there is no transfer of title, Intellectual Property rights or ownership of:
a) Windcave, the Software, the Documentation or any part thereof; or b) any Developed Works; to Customer under this Agreement and Customer will not dispute PX's (or PX's licensors or suppliers) ownership of the property referred to in this clause 5.
6. Indemnity
Customer shall indemnify PX (and at PX’s sole discretion, defend PX) at all times against any liability, loss, damage or cost (including attorney’s fees) suffered or incurred by PX and all actions, proceedings, claims or demands made against PX as a result of any negligent act or omission or any breach of this Agreement by Customer, its personnel or agents.
7. Liability
7.1 Remedy: Subject to clauses 7.2 and 7.3, Customer's sole and exclusive remedy for breach of any warranty or of any of PX's obligations under this Agreement is (at PX's EXHIBIT D, PROJECT PB22-093
option) the supply or re- supply of Windcave, the Goods, the Software, or the Documentation or the refund or waiver of Fees for the relevant part of Windcave the Goods, the Software, or the Documentation which is the subject matter of, or directly related to, the breach.
7.2 Limitation: In no event will PX's total liability to Customer under this Agreement for any reason exceed the amount of $1,000.
7.3 Exclusion: In no event will PX be liable to Customer whether in contract, tort (including negligence) or otherwise in respect of any:
a) punitive, incidental, indirect or consequential damages, damages for loss of profits, business interruption, loss of data, loss of goodwill, arising out of, or in connection with, this Agreement, in each case even if such party has been advised of the possibility of such damages;
b) loss, damage, cost or expense suffered or incurred by Customer, to the extent this results from any act or omission by Customer; or any event described in part B, clause 14 (Force Majeure).
8. Commercial Purpose
It is expressly acknowledged and agreed by Customer that Windcave, the Software and the Documentation are supplied to Customer for business and commercial purposes.
9. Termination
9.1 PX Termination Upon Notice: PX may terminate this Agreement without liability or obligation to Customer of any kind upon written notice to Customer if the Reseller Agreement expires or is terminated by Customer and/or Reseller for any reason.
9.2 PX Termination for Cause: PX may terminate this Agreement without liability or obligation to Customer of any kind at any time and with immediate effect by written notice to Customer:
a) if Customer breaches any of its obligations under this Agreement; or b) if Customer fails to pay any amounts due to Reseller pursuant to the Reseller Agreement; or
c) goes into voluntary or involuntary bankruptcy or liquidation or has a receiver appointed.
9.3 Customer Termination: Customer may terminate this Agreement if PX breaches any of its obligations under this Agreement and fails to cure such breach within 10 Business Days after receipt of written notice of such breach.
9.4 Consequences: Termination of this Agreement will not affect the rights or obligations of the parties which have accrued prior to or accrue on termination or which by their nature are intended to survive termination (including clauses 3-7, 10, 13, and 14, together with those clauses which are incidental to, and required in order to give effect to, those clauses).
Upon termination of this Agreement, Customer must immediately cease use of Windcave, the Software and the Documentation.
10. Confidentiality
10.1 Confidential Information: Each party will maintain as confidential at all times, and will not at any time, directly or indirectly:
a) di sclose or permit to be disclosed to any person;
EXHIBIT D, PROJECT PB22-093
b) use for itself or to the detriment of the other party; any Confidential Information of the other party except as, and then only to the extent:
i) required by law;
ii) that the information is already or becomes public knowledge, otherwise than as a result of a breach, by the receiving party, of any provision of this Agreement; iii) that the information is disclosed to the receiving party, without restriction, by a third party and without any breach of confidentiality by the third party; iv) that the information is developed independently by the receiving party without reliance on any of the Confidential Information of the other party; v) authorized in writing by the other party; or
vi) reasonably required by this Agreement (and, without limiting the effect of this clause, a party may disclose Confidential Information of the other party only to those of its officers, employees or professional advisers on a "need to know" basis, as is reasonably required for the implementation of this Agreement).
10.2 PX’s Intellectual Property: Customer acknowledges and agrees that the computer programs, computer software, specifications, data, images, designs, codes, and configurations contained in or utilized by the equipment and PX's network are proprietary and confidential to PX and protected under United States copyright law. Customer shall not copy, modify, adopt, translate, merge, reverse engineer, decompile, or disassemble, the equipment or Software, or create any derivative works based on the equipment, PX network or Software. Without limiting the effect of clause 10.1, Customer will treat information about PX's Intellectual Property as Confidential Information of PX.
11. Force Majeure
11.1 Customer acknowledges that PX relies on third-party providers in the delivery of its services, including, but not limited to, wireless data network providers, cellular radio service provided by third parties that is available only when within the operating range of cellular systems, and cellular service is subject to transmissions limitations and dropped or interrupted transmissions. Cellular service may be temporarily refused, limited, interrupted, or curtailed because of government regulations or orders, atmospheric and/or topographical conditions, and cellular system modifications, repairs, and upgrades.
Customer agrees that PX shall not be liable for, and to hold PX harmless for any losses, damages, or business interruptions sustained as a result of interruptions caused by its wireless data network providers or any other third-party provider.
11.2 Neither party (the “Affected Party”) shall be liable for any default or delay in the performance of its obligations under this Agreement if and to the extent such default or delay is caused, directly or indirectly, by
a) fire, flood, elements of nature or other acts of God b) any outbreak or escalation of hostilities, war, riots or civil disorders in any country; c) any act or omission of the other party or any government authority; d) any labor disputes (whether or not employees’ demands are reasonable or within the party’s power to satisfy); or
e) the nonperformance by a third party for any similar cause beyond the reasonable control of such party, including without limitation, failures or fluctuations in EXHIBIT D, PROJECT PB22-093
telecommunications or other equipment such as described in clause
11.3 In any such event, the Affected Party shall be excused from any further performance and observance of the obligations so affected only for as long as such circumstances prevail and such party continues to use commercially reasonable efforts to recommence performance or observance as soon as practicable, provided that:
a) Notice: whenever the Affected Party becomes aware that such a result has occurred or is likely to occur, the Affected Party will, as soon as practicable, notify the other party by written notice accordingly;
b) Continued Performance: each party will continue to use commercially reasonable efforts to perform its obligations as required under this Agreement; and c) No Deemed Acceptance of Extra Costs: neither party will be deemed to have accepted any liability to pay or share any extra costs which may be incurred by the other party in complying with this clause or otherwise resulting from such act, omission or failure; and
d) Charges: this clause 11.3 will not apply in respect of Customer's obligation to pay any charges or Fees payable under this Agreement.
12. License
12.1 Grant of License: PX grants to Customer a limited, non-exclusive, non-transferable, non-assignable, revocable license to use Windcave, the Software and the Documentation for the Term of this Agreement solely for the Permitted Use. Any other use or dealings with Windcave, the Software or the Documentation without the prior written consent of PX will be a material breach of this Agreement. Except to the extent specifically authorized under this Agreement, Customer must not sub-license, transfer, assign, rent or sell any of Windcave, the Software or the Documentation or the right to use Windcave, the Software or the Documentation.
12.2 PX Warranty: PX warrants that PX has the right and authority to grant to Customer the license set out in clause 12.1, in accordance with the terms of this Agreement.
13. Terms of Use
13.1 Adequacy: Customer must satisfy itself as to the adequacy, appropriateness and compatibility of Windcave for its requirements. Without limiting the foregoing, Customer acknowledges that it has not relied on any statements or representations on the part of PX as to performance or functionality, verbal or otherwise, except as expressly recorded in this Agreement.
13.2 PX Logo: If Customer uses a capture method for credit or debit card processing using a system which is not hosted by PX, Customer agrees to display the PX Logo in a readily visible position on the user interface of Customer’s system where the credit or debit card data is captured. The PX Logo must not be altered or used for any other purpose without the prior written consent of PX.
13.3 Compliance: If Customer is not compliant with one or more of the Security Standards, Customer must not capture or store any credit or debit card number or expiry date locally on Customer's or a non- compliant third party’s system.
13.4 No Right to Copy, Alter or Modify: Customer may make a reasonable number of copies of the Software for backup and disaster recovery purposes only. Except for such EXHIBIT D, PROJECT PB22-093
back-up copies, Customer must not, and must not permit any other person to, copy, reproduce, translate, adapt, vary, repair or modify all or any part of Windcave, the Software or the Documentation by any means or in any form without PX's prior written consent.
13.5 Permitted Use: Customer may not:
a) use Windcave, the Software or the Documentation for any purpose other than the Permitted Use; or
b) use the Software independently of the other components of Windcave unless PX has given prior written consent to do so.
If this Agreement is terminated, Customer's right to use Windcave, the Sof tware and the Documentation will automatically terminate and Customer must immediately remove all copies of the Software from its system(s) and return Windcave, the Software and the Documentation to PX
13.6 Reverse Engineering: Customer must not, and must not permit any other person to, reverse assemble or decompile the whole or any part of the Software.
13.7 No Third Party Use: Except as expressly provided for in this Agreement, the Customer must not provide, or otherwise make available, Windcave, the Software or the Documentation or any component thereof in any form to any person (a “Third Party”) without the prior written consent of PX. If PX grants such consent, Customer must ensure that the Third Party complies with the provisions of clauses 5, 10, 12, and 13 (so far as those provisions relate to Customer) as if the Third Party were a party to this Agreement.
Customer will be liable to PX for all acts or omissions of any Third Party in contravention of the provisions of clauses 5, 10, 12, and 13.
General
13.8 Entire Agreement: This Agreement including all schedules hereto records the entire arrangement between the parties relating to all matters dealt with in this Agreement and supersedes all previous arrangements, whether written, oral or both, relating to such matters.
13.9 Disputes: The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include with reasonable particularity (a) a statement of each party’s position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within 30 days after delivery of the notice, the executives of both parties shall meet at a mutually acceptable time and place. If the parties fail to negotiate a resolution to a dispute within a reasonable time (not exceeding 20 Business Days from formal notice of the dispute being given by one party to the other), either party may require that the dispute be submitted to mediation through JAMS, such mediation to take place in Los Angeles, California. A mediator shall be selected by mutual agreement or through procedures provided by JAMS. In such case:
a) the mediator will not be acting as an expert
or as an arbitrator;
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b) the mediator will determine the procedure and timetable for the mediation; and c) the parties will share equally the cost of the mediation.
All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non- discoverable as a result of its use in the negotiation.
Neither party may issue any legal proceedings (other than for urgent interlocutory relief) relating to any dispute, unless that party has first taken all reasonable steps to comply with the dispute resolution process above. All applicable statutes of limitation and defenses based upon the passage of time shall be tolled while the procedures specified in this clause
14.2 above are pending and for 15 calendar days thereafter. The parties will take such action, if any, required to effectuate such tolling.
13.10 Waiver: No waiver of any breach, or failure to enforce any provision, of this Agreement at any time by either party shall in any way limit or waive the right of such party to subsequently enforce and compel strict compliance with the provisions of this Agreement.
13.11 Severance: Any provision in this Agreement which is or becomes unenforceable, illegal or invalid for any reason shall be severed and shall not affect the enforceability, legality, validity or application of any other provision which shall remain in full force and effect.
13.12 Assignment: PX may assign all or any of its rights and obligations under this Agreement to any person without Customer's consent. Customer may not transfer or assign any of its liabilities or rights under this Agreement to any other person without PX's prior written consent.
13.13 Amendment: Except as expressly provided for in this Agreement, no amendment to this Agreement will be valid unless recorded in writing and signed by a duly authorized senior representative of each party.
13.14 Governing Law and Jurisdiction: This Agreement is governed by the laws of California. Subject to the terms of clause 14.2, the parties submit to the jurisdiction of the courts of the State of California in respect of all matters relating to this Agreement.
13.15 Remedies: The rights, powers and remedies provided in this Agreement are not exclusive of any rights, powers or remedies provided by law.
13.16 Subcontracting: PX may appoint subcontractors to perform any of its obligations under this Agreement.
13.17 Notices: Any notice or other communication to be given under this Agreement must be in writing and must be served by one of the following means and in respect of each is deemed to have been served as described:
a) By personal delivery – when received by the party.
b) By post by registered or ordinary mail – on the second working day following the date of posting in the United States mail to the addressee’s registered office. c) By email – when acknowledged by the party orally or by return email or otherwise EXHIBIT D, PROJECT PB22-093
in writing.
d) By facsimile – when sent to the correct facsimile number (with written transmission confirmation).
The addresses for the parties for Notices shall be as set out on Page 1 of this Agreement or such other address as either party specifies by notice in writing to the other given in accordance with this clause 14.10.
13.18 In the event of any conflict or inconsistency between this Agreement and the terms of a purchase order made by Customer to PX or a reseller of PX goods or services, this Agreement shall govern and control.
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22 General Services Provider Agreement/EnvisionWare, Inc. Library Kiosk Project PB22-093 EXHIBIT “E”
EnvisionWare Standard Terms and Conditions