HomeMy WebLinkAboutAviat Networks Inc; 2015-07-02;Exhibit ^!
AGREEMENT FOR PLANNING AND DELIVERY OF MICROWAVE AND ASSOCIATED
PRODUCTS AND SERVICES TO ENGINEER AND IMPLEMENT THE SOLUTION
PROPOSED BY
AVIAT NETWORKS, INC.
THIS AGREEMENT Is made and entered into as of the ^A^^ ^jgy of
-Jl^ju , 20 fS. by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and Aviat U.S., Inc., a wholly owned subsidiary of Aviat Networks, Inc., a
Delaware corporation located at 5200 Great America Parkway, Santa Clara, CA 95045.,
("Contractor").
RECITALS
A. City requires the professional services of a provider that is experienced in
microwave communications systems that provide transport services for numerous mission
critical public safety voice and data systems including all services, hardware, package software,
system configuration and integration, training, testing, and documentation.
B. Contractor has the necessary experience, training, and skills in providing the
professional services as identified in Recital A above.
C. The County of San Diego conducted a competitive procurement for the
replacement of the RCS microwave transport network in FY12/13. A contract was subsequently
awarded to Aviat U.S., Inc. a wholly owned subsidiary of Aviat Networks, Inc. This contract,
identified as Aviat U.S., Inc. a wholly owned subsidiary of Aviat Networks, Inc. and County of
San Diego (County Contract Number 547601) (hereinafter referred to as "County/Aviat
Contract") for Microwave Network Replacement, contains a "public agency clause," which
allows the City to adopt its terms and conditions for the required work under this Agreement.
D. Pricing for equipment and services, for this Agreement is based on County/Aviat
Contract and is more fully set forth in Section 6, Compensation of this Agreement.
E. In the event of any conflict between this Agreement, including its Exhibits, and
the County/Aviat Contract, the terms and conditions of this Agreement, including its Exhibits,
shall take precedence over the County/Aviat Contract.
F. Contractor has submitted a proposal to City and has affirmed its willingness and
ability to perform such work.
NOW, THEREFORE, in consideration of these recitals, which are incorporated herein,
and the mutual covenants contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and conditions.
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2. COUNTY/AVIAT CONTRACT (NUMBER 547601)
County/Aviat Contract (Contract Number 547601) is applicable to this Agreement. Article 5 -
Acceptance Procedure & Standard of Performance, Article 7 - Ownership of Software Rights
and Intellectual Property Indemnification, Article 6 - Warranty, and Article 9 - Remedies for
Breach of Warranty are identified and incorporated herein by this reference. Wherever the word
"County" appears in said Articles, the word "City" shall be substituted in place of the word
"County" and said Articles are applicable to this Agreement. The County/Aviat Contract, as
amended from time to time, shall be on file in the Office of Carlsbad City Clerk.
3. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and
skill customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment
while exercising its professional skill and expertise.
4. TERM
The term of this Agreement will be effective for a period of one year from the date first above
written. The City Manager may amend the Agreement to extend it for one additional one year
periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's
performance, City needs, and appropriation of funds by the City Council. The parties will
prepare a written amendment indicating the effective date and length of the extended
Agreement.
5. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
6 COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will be
one hundred sixty-nine thousand one hundred seventy-eight dollars ($169,178) (Exhibit "B").
Payment terms shall be as described in Exhibit C. No other compensation for the Services will
be allowed except for items covered by subsequent amendments to this Agreement.
Incremental payments, if applicable, should be made as outlined in attached Exhibit "C".
7. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under control of City only as to the result to be accomplished, but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not
be considered employees of City for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be
required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within
thirty (30) days for any tax, retirement contribution, social security, overtime payment,
unemployment payment or workers' compensation payment which City may be required to
make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work
done under this Agreement. At the City's election. City may deduct the indemnification amount
from any balance owing to Contractor.
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8. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City.
City acceptance of subcontractors identified in Exhibit A as accepted by City shall constitute the
indicated prior written approval. If Contractor subcontracts any of the Services, Contractor will
be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the
persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts
and omissions of persons directly employed by Contractor. Nothing contained in this Agreement
will create any contractual relationship between any subcontractor of Contractor and City.
Contractor will be responsible for payment of subcontractors. Contractor will bind every
subcontractor and every subcontractor of a subcontractor by the terms of this Agreement
applicable to Contractor's work unless specifically noted to the contrary in the subcontract and
approved in writing by City.
9. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
10. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including
reasonable attorney's fees arising out of the performance of the work described herein caused
by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor,
anyone directly or indirectly employed by any of them or anyone for whose acts any of them
may be liable.
The parties expressly agree that any payment, reasonable attorney's fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City's self-administered
workers' compensation is included as a loss, expense or cost for the purposes of this section,
and that this section will survive the expiration or early termination of this Agreement for a
period of four (4) years.
11. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The
insurance carrier is required to have a current Best's Key Rating of not less than "A-:VH". OR
with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers
(LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X".
11.1 Coverage and Limits.
Contractor will maintain the types of coverage and minimum limits indicated below, unless the
Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage
will not constitute any limitations or cap on Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation that the limits of
the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate.
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
11.1.1 Commercial General Liabilitv Insurance. $2,000,000 combined single-limit per
occurrence for bodily injury, personal injury and property damage. If the submitted policies ^
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contain aggregate limits, general aggregate limits will apply separately to the work under this
Agreement or the general aggregate will be twice the required per occurrence limit.
11.1.2 Automobile Liability, (if the use of an automobile is involved for Contractor's work
for City). $1,000,000 combined single-limit per accident for bodily injury and property damage.
11.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation limits
as required by the California Labor Code. Workers' Compensation will not be required if
Contractor has no employees and provides, to City's satisfaction, a declaration stating this.
11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's
profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a
period of five years following the date of completion of the work.
11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
11.2.1 The City will be named as an additional insured on Commercial General Liability
which shall provide primary coverage to the City.
11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability,
which will be written as claims-made coverage.
11.2.3 This insurance will be in force during the life of the Agreement and any
extensions of it and will not be canceled without thirty (30) days prior written notice to City sent
by certified mail pursuant to the Notice provisions of this Agreement.
11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to City.
11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to
maintain the required coverages. Contractor is responsible for any payments made by City to
obtain or maintain insurance and City may collect these payments from Contractor or deduct the
amount paid from any sums due Contractor under this Agreement.
11.5 Submission of Insurance Policies. City reserves the right to require, at any time,
complete and certified copies of any or all required insurance policies and endorsements.
12. BUSINESS UCENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
13. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Upon reasonable advance notice. Contractor
will allow a representative of City during normal business hours to examine, audit, and make
transcripts or copies of records and any other documents created pursuant to this Agreement.
Contractor will allow inspection of all work, data, documents, proceedings, and activities related
to the Agreement for a period of three (3) years from the date of final payment under this
Agreement.
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14. FEDERAL GRANT FUNDING REQUIREMENTS
Contractor is advised that funding for this Agreement is provided by the Homeland Security
Grant Program ("Grant"). Contractor shall comply with all applicable Grant requirements,
including, without limitation, the following:
14.1 Contractor shall take the affirmative steps listed in 44 CFR 13.36(e)(2)(i)-(v) to assure that
minority firms, women's business enterprises, and labor surplus area firms are used when
possible.
14.2 Contractor shall provide access to the City, the County of San Diego, the federal granting
agency, the State of California granting agency, the City of San Diego, the Comptroller General
of the United States, and any of their duly authorized representatives to any books, documents,
papers, and records of the Contractor which are directly pertinent to this Agreement for the
purpose of making audit, examination, excerpts, and transcriptions.
14.3 Contractor shall retain all records pertaining to this Agreement for three years after the City
makes final payments and all other pending matters are closed.
14.4 Contractor shall comply with all applicable standards, orders, or requirements issued under
section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33
U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40
CFR part 15).
14.5 Contractor shall comply with all mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in compliance with
the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).
14.6 Pursuant to 44 CFR 13.36(i)(7), City hereby notifies Contractor that the U.S. Department of
Homeland Security requires the City to submit financial, progress, and strategy implementation
reports for all U.S. Department of Homeland Security funded projects in accordance with
Homeland Security Grant Program Guidance.
14.7 Pursuant to 44 CFR 13.36(i)(8), City hereby notifies Contractor of awarding agency
requirements and regulations pertaining to patent rights with respect to any discovery or
invention which arises or is developed in the course of or under such contract.
14.8 Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as
supplemented in Department of Labor regulations (41 CFR chapter 60.)
14.9 Compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in
Department of Labor regulations (29 CFR Part 3.)
14.10 Compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by
Department of Labor regulations (29 CFR Part 5.)
14.11 Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards
Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5.)
15. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors ^
specifically for the City pursuant to this Agreement, as specifically identified as work product to "^^y
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be owned by the City in Exhibit A, is the property of City. In the event this Agreement is
terminated, all work product as described above produced by Contractor or its agents,
employees and subcontractors pursuant to this Agreement will be delivered at once to City.
Contractor will have the right to make one (1) copy of the work product for Contractor's records.
16. COPYRIGHTS
Contractor agrees that all copyrights that arise from the work product related to this Agreement
shall vest in City and Contractor relinquishes all claims to the copyrights in favor of City for such
work product.
17. NOTICES
The name of the persons who are authorized to give written notice or to receive written notice
on behalf of City and on behalf of Contractor under this Agreement.
For Citv For Contractor
Name Fiona Everett Name George Thibeault
Title Senior Management Analyst Title Senior Contracts Manager
Department Police Address 5200 Great America Parkway
City of Carlsbad Santa Clara, CA 95045
Address 2560 Orion Way Phone No. 408-567-7149
Carlsbad, CA 92010 Email George.Thibeaut@aviatnet.com
Phone No. 760-931-2279
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
18. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
19. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way affect the
performance of the Services by Contractor. Contractor will at all times observe and comply with
these laws, ordinances, and regulations and will be responsible for the compliance of
Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware ofthe requirements ofthe Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement.
20. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
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21. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not otherwise settled by agreement
between the parties. Representatives of Contractor or City will reduce such questions, and their
respective views, to writing. A copy of such documented dispute will be forwarded to both
parties involved along with recommended methods of resolution, which would be of benefit to
both parties. The representative receiving the letter will reply to the letter along with a
recommended method of resolution within ten (10) business days. If the resolution thus
obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be fon/varded
to the City Manager. The City Manager will consider the facts and solutions recommended by
each party and may then opt to direct a solution to the problem. In such cases, the action of the
City Manager will be binding upon the parties involved, although nothing in this procedure will
prohibit the parties from seeking remedies available to them at law.
22. TERMINATION
22.1 Termination For Default.
Upon Contractor's breach of this Agreement, City shall have the right to terminate this
Agreement, in whole or part. Prior to termination for default. City will send Contractor written
notice specifying the cause. The notice will give Contractor 10 days from the date the notice is
issued to cure the default or make progress satisfactory to City in curing the default, unless a
different time is given in the notice. If City determines that the default contributes to the
curtailment of an essential service or poses an immediate threat to life, health or property. City
may terminate this Agreement immediately upon issuing oral or written notice to the Contractor
without any prior notice or opportunity to cure. In the event of termination under this Article, all
finished or unfinished documents, and other materials, prepared by Contractor under this
Agreement shall become the sole and exclusive property of City.
In the event of such termination, the City may purchase or obtain the supplies or services
elsewhere, and Contractor shall be liable for the difference between the prices set forth in the
terminated order and the actual cost thereof to the City. The prevailing market price shall be
considered the fair repurchase price. Notwithstanding the above. Contractor shall not be
relieved of liability to City for damages sustained by City by virtue of any breach of this
Agreement by Contractor, and City may withhold any reimbursement to Contractor for the
purpose of off-setting until such time as the exact amount of damages due City from Contractor
is determined.
If, after notice of termination of this Agreement under the provisions of this clause, it is
determined for any reason that the Contractor was not in default under the provisions of this
clause, the rights and obligations of the parties shall, if this Agreement contains a clause
providing for termination for convenience of the City, be the same as if the notice of termination
had been issued pursuant to such clause.
22.2 Full Cost Recovery of investigation and Audit Costs
Contractor shall reimburse City for all direct and indirect expenditures incurred in conducting an
audit/investigation when Contractor is found in violation (material breach) of the terms of the
Agreement. Reimbursement for such costs shall be withheld from any amounts due to
Contractor pursuant to the payment terms of the Agreement, or from any other amounts due to
Contractor from City.
22.3 Termination for Convenience
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Work, or
The City may, by written notice stating the extent and effective date terminate this Agreement
for convenience in whole or in part, at any time. The City shall pay the Contractor as full
compensation for work performed in accordance with the terms of this Contract until such
termination:
22.3.1 The unit or pro rata price for any delivered and accepted portion of the work.
22.3.2 A reasonable amount, as costs of termination, not othen/vise recoverable from
other sources by the Contractor as approved by the City, with respect to the undelivered or
unaccepted portion of the order, provided compensation hereunder shall in no event exceed the
total price.
22.3.3 In no event shall the City be liable for any loss of profits on the resulting order or
portion thereof so terminated.
22.3.4 City's termination of this Agreement for convenience shall not preclude City from
taking any action in law or equity against Contractor for:
22.3.4.1 Improperly submitted claims, or
22.3.4.2 Any failure to perform the work in accordance with the Statement of
22.3.4.3 Any breach of any term or condition ofthe Agreement, or
22.3.4.4 Any actions under any warranty, express or implied, or
22.3.4.5 Any claim of professional negligence, or
22.3.4.6 Any other matter arising from or related to this Agreement, whether
known, knowable or unknown before, during or after the date of termination.
22.4 Remedies Not Exclusive
The rights and remedies of City provided in this article shall not be exclusive and are in addition
to any other rights and remedies provided by law or under resulting order.
22.5 Suspension of Work
22.5.1 The City may order the Contractor, in writing, to suspend, delay or interrupt all or
any part of the Services for such period of time as he or she may reasonably determines to be
appropriate for the convenience of the City.
22.5.2 If the performance of all or any part of the Services is, for any period of time,
suspended, delayed or interrupted by an act of the City in the administration of this Agreement,
or by its/his/her failure to act within the time specified in this Agreement, or by his failure to act
within the time specified in this Agreement (or if no time is specified, within a reasonable time),
an adjustment shall be made in the Agreement's price for any increase in the cost of
performance of this Agreement (excluding profit) necessarily caused by such suspension, delay
or interruption and the Agreement modified in writing according to any change order process or
my mutual written amendment to this Agreement. However, no adjustment shall be made under
this clause for any suspension, delay or interruption to the extent (1) that performance would
have been so suspended, delayed or interrupted by any other cause, including the fault or
negligence of the Contractor or (2) for which an equitable adjustment is provided for or excluded
under any other provision of this Agreement.
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22.5.3 No claim under this clause shall be allowed unless the claim, in an amount stated,
is asserted in writing as soon as practicable after the termination of such suspension, delay or
interruption, but not later than the date of final payment underthis Agreement.
23. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or
violation of this warranty. City will have the right to annul this Agreement without liability, or, in
its discretion, to deduct from the Agreement price or consideration, or othen/vise recover, the full
amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.
24. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part of the Agreement process as set forth in this Agreement and not in
anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false
claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.,
the False Claims Act applies to this Agreement and, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to
recover its litigation costs, including reasonable attorney's fees. Contractor acknowledges that
the filing of a false claim may subject Contractor to an administrative debarment proceeding as
the result of which Contractor may be prevented to act as a Contractor on any public work or
improvement for a period of up to five (5) years. Contractor acknowledges debarment by
another jurisdiction is grounds for City to terminate this Agreement.
25. JURISDICTION AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county.
26. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement nor any part of it nor any
monies due or to become due under it may be assigned by Contractor without the prior consent
of City, which shall not be unreasonably withheld.
27. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it,
along with the purchase order for this Agreement and its provisions, embody the entire
Agreement and understanding between the parties relating to the subject matter of it. In case of
conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor
any of its provisions may be amended, modified, waived or discharged except in a writing
signed by both parties.
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28. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
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CONTRACTOR CITY OF CARLSBAD, a municipal
corporation of the State of California
(sign here)
By:
(print name/title)
City Manager^
Kathryn B. Dodson, Interim City Manager
ATTEST:
By:
(sign here) BARBARA ENGL^JDN
City Clerk
(print name/title)
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a corporation, Agreement must be signed by one corporate officer from each of the
following two groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CEUATfirBl5?'We^ C5it)/ Attorney
ity Attorney
11
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EXHIBIT "A"
SCOPE OF SERVICES
Attached: Statement of Work from Aviat Networks, Inc., Dispatch Spur Link, Lake San Marcos
PK & City of Cartsbad PD, Project Number NA141112-35224, Release 2.0, 3/18/2015.
EXHIBIT "B"
PRICING
Attached: Pricing spreadsheet from Aviat Networks, Inc. for the Dispatch Spur Link between
Lake San Marcos PK & City of Cartsbad PD, Project Number NAI41112-35224
EXHIBIT "C"
PAYMENT SCHEDULE
Equipment: $77,414.00
As specified in Exhibit "B" - Pricing
• Payable net 30 days from acceptance of delivery
• FOB-Destination
• Acceptance of delivery to be determined within 10 days of delivery
• Transfer of title and risk of loss both pass upon delivery
• Contractor to invoice upon shipment of Equipment
Services: $91,764.00
As specified in Exhibit "B" - Pricing
• Payable net 30 days from acceptance of completion of services in Exhibit "A"-Scope of
Services
• Acceptance to be determined within 30 days of completion of services
• Contractor to invoice upon completion of Services
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Donna Heraty
From: Donna Heraty
Sent: Thursday, July 02, 2015 1:58 PM
To: 'george.thibeaut@aviatnet.com'
Cc: Shelley Collins; Fiona Everett
Subject: FW: REQUIRED CONFUCT OF INTEREST
Attachments: Resolution No. 2015-050.pdf
To Whom It May Concern:
You are receiving this email because your company has a consultant agreement with the City of Carlsbad. The City of
Carlsbad's Conflict of Interest Code requires all consultants to file a statement disclosing certain economic interests, that
may foreseeably be affected materially by any decisions made, or participated in, by a designated official because of
their position. To comply with this requirement a Statement of Economic Interest Form 700 "Assuming Office" is
required to be filed with the City of Carlsbad City Clerk's Office.
To file your Assuming Office statement, please follow the instructions below:
• As reflected in the City Conflict of Interest Code - Resolution No. 2015-050 (attached), the employee(s) of your
company that work directly with citv staff are required to complete the Statement of Economic Interest Form
(Form 700). Consultants are required to claim -
Category (A) Investment and Real Property Disclosure
Category (B) Personal Income Disclosure
Category (C) Business Entity Income Disclosure
Category (D) Business Position Disclosure
• Your "Assuming Office" date for this filing is July 2,2015.
• Even if there are no reportable interests, the cover page is still required to be completed with box "None" in
Section 4 checked.
• THE COMPLETED FORM 700 IS DUE IN THE CITY CLERK'S OFFICE BY 5:00 PM. AUGUST 3. 2015.
Mailing Address: Citv Clerk's Office. 1200 Carisbad Village Drive. Carlsbad. CA 92008.
• Form 700
• Form 700 Reference Pamphlet
Other documents vou mav use as reference:
• FAQ: Form 700 Disclosure
• Local Gift Fact Sheet
In addition, when your contract with the City of Carlsbad is completed, the employee(s) that filed the Assuming Office
statement is/are required to file a "Leaving Office" statement, utilizing the same Form 700 and entering the date the
contract ended in the "Leaving Office" date line, and submitting to the City Clerk's Office no later than 30 days following
completion ofthe agreement.
**Failure to file the Assuming and/or Leaving Office statement(s) could result in penalties assessed at $10.00 per day,
not to exceed $100.00, in addition to any other penalties per California Government Section Code 91013.
1
If you have any questions or need additional information, please feel free to contact me or the Fair Political Practices
Commission (FPPC) at 1-866-ASK-FPPC (1-866-275-3772).
Sincerely,
Donna Heraty.
CARLSBAD
Donna Heraty, CMC
Deputy City Clerk
City of Carlsbad
1200 Carisbad Village Drive
Carisbad, CA 92008
www.carisbadca.gov
P: 760-434-2808
F: 760-720-6917
donna.heratv@carisbadca.gov
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