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2022-08-30; City Council; Resolution 2022-210
RESOLUTION NO. 2022-210 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE APPROPRIATION OF FUNDS FOR 34 POLICE VEHICLES IN ACCORDANCE WITH THE 2022-24 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD POLICE OFFICERS' ASSOCIATION AND AUTHORIZING CONTRACTS FOR OUTFITTING THE VEHICLES AND INSTALLING IN-CAR CAMERA SYSTEMS WHEREAS, the City Council of the City of Carlsbad, California has determined that it is in the best interest of the city to authorize the purchase of 34 fully outfitted marked police vehicles in Fiscal Year 2022-23 in the amount of $2,400,000 in accordance with the 2022-24 Memorandum of Understanding between the City of Carlsbad and the Carlsbad Police Officers' Association; and WHEREAS, the cost to purchase the equipment and install the 34 MS00 in-car video systems will be $498,267; and WHEREAS, the Fleet Mainte�ance Internal Service Fund for management software will need to be increased by $5,000 annually; and WHEREAS, the Fleet Maintenance Internal Service Fund for fuel will need to be increased by $115,000 annually; and WHEREAS, the Fleet Maintenance Internal Service Fund of retained police vehicles will need to be increased by $73,000 annually; and WHEREAS, the Police Department's budget for fuel and maintenance will need to be increased by $73,000 annually; and WHEREAS, the In-Car Video Equipment and Installation agreement with Day Wireless Systems will be amended to increase the total contract amount to $442,163; and WHEREAS, the Police Patrol Outfitting agreement with Emergency Vehicle Systems, LLC will be amended to increase the annual not-to-exceed amount by $579,734 for a total amended contract value of not to exceed $2,314,809. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the Deputy City Manager of Administrative Services or a designee shall be authorized to appropriate $2,400,000 to the Police Department's Fiscal Year 2022-23 Exhibit 1 Aug. 30, 2022 Item #6 Page 6 of 81 operating budget to purchase and outfit 34 police vehicles and $498,267 for the purchase and installation of the MS00 in-car video system. 3.That the City Manager, or designee, is authorized to purchase the in-car video equipment for the 34 police vehicles from Motorola Solutions in an amount not to exceed $338,336, as reflected in Attachment C. 4.That the City Manager, or designee, is authorized to execute the Amendment to the agreement with Day Wireless Systems for the installation of 34 additional in-car camera systems, increasing the agreement to a total amount not to exceed $442,163, as reflected in Attachment A. 5.That the Mayor is authorized to execute the Amendment to the agreement with Emergency Vehicle Systems, LLC for outfitting the 34 newly purchased police vehicles, increasing the annual not-to-exceed amount by $579,734 for a total amended contract value of not to exceed $2,314,809, for outfitting of these newly purchased police vehicles, as reflected in Attachment B. 6.That the Deputy City Manager of Administrative Services or a designee shall be authorized to appropriate $193,000 to the Public Works Fleet Maintenance Internal Service Fund and $73,000 to the Police Department for the increased fuel and maintenance. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 30th day of August, 2022, by the following vote, to wit: AYES: NAYS: ABSENT: Blackburn, Bhat-Patel, Acosta, Norby. None. Hall. MATT HALL, Mayor for FAVIOLA M�lerk Servicf;:;;nager (SEAL) Aug. 30, 2022 Item #6 Page 7 of 81 DocuSign Envelope ID: DFC9419F-BA9F-44B9-9928-60EB4C2C5742 Attachment A AMENDMENT NO. 1 TO AGREEMENT FOR IN-CAR VIDEO EQUIPMENT AND INSTALLATION SERVICES DAY WIRELESS SYSTEMS This Amendment No. 1 is entered into and effective as of the :3,\ 5T day of \A~"\" , 2022, amending the agreement dated July 26, 2022 (the "Agreement") by dbetween the City of Carlsbad, a municipal corporation, ("City"), and Day Wireless Systems, a corporation , ("Contractor") (collectively, the "Parties"). RECITALS A. On July 26, 2022, the Parties executed an agreement for in-car video equipment and installation services; and B. The Parties desire to alter the Agreement's scope of work to add the equipment and installation to 34 additional vehicles; and C. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed four-hundred forty-two thousand one hundred sixty-three dollars and eight cents ($442,163.08). 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed one hundred fifty-nine thousand nine hundred thirty-one dollars and thirty-three cents ($159,931.33). 3. Time is of the essence for each and every provision of this Agreement. 4 . All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 6. The individuals executing this Amendment 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 Amendment. City Attorney Approved Version 9/27/16 Aug.30,2022 Item #6 Page 8 of 81 DocuSign Envelope ID: DFC9419F-BA9F-4489-9928-60EB4C2C5742 CONTRACTOR By: (sign here) Jessica Jackson secretary (print name/title) By: llJk·~ (sign here) Macke nzie Day coo (print name/title) CITY LSBAD, a municipal corpo the State of California By: ayor or Director ATTEST: FAVl~A (VY City Clerk Services Manager 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 : CELIA A. BREWER, City Attorney BY:~ Assistant City Attorney City Attorney Approved Version 9/27/16 2 Aug.30,2022 Item #6 Page 9 of 81 City Attorney Approved Version 9/27/16 3 EXHIBIT “A” SCOPE OF SERVICES AND FEE DocuSign Envelope ID: CBF75C19-50CA-4891-939B-D065B78BDC7BDocuSign Envelope ID: DFC9419F-BA9F-44B9-9928-60EB4C2C5742 Aug. 30, 2022 Item #6 Page 10 of 81 Item# Qua111tity Description Rate Amount LG-IN24!46 :MISC HIUIDWA ... 152 lSTA.LLA ... Description 3 Pmto:ram<lli 9-.in-1 5G Dome Blad::.Anl:erm<lli -LG~IiN-:-2446 3 Crndlepo.int Modem IBRl 700, 5'iR etclm.1.d, Essentials, and Ad ;an ed Paokage 3 001 IiN"STAILUmo ·LABoR -:lins:WlCrad!Iepoint Mooem, iPmoram<lll Am:el1D.il. and Motoro. In Car · · id1eo S . tem. (34) \ehides Crndlepoint Modem, Panorama Antenna Hardware. 425.00, 14,450.00 2 2 o,_oo, n ,1so.oo 1 800.00, 61, 00.00 Ins1all C:radlepomt M:odem, Panorama i\lltenna and. Install Motorofa In. ar \!i:deo Systems for (34) \.i'e:hicle,,;;, Subtotal! Taxlotall lotal 15 83,000 7)01~33 159,931.33, DocuSign Envelope ID: CBF75C19-50CA-4891-939B-D065B78BDC7BDocuSign Envelope ID: DFC9419F-BA9F-44B9-9928-60EB4C2C5742 Aug. 30, 2022 Item #6 Page 11 of 81 DocuSign Envelope ID: 031BE007-1043-4BO8-AB4B-E43F537A5619 ATTACHMENT A AGREEMENT FOR IN-CAR VIDEO EQUIPMENT AND INSTALLATION SERVICES DAY WIRELESS SYSTEMS THIS AGREEMENT is made and entered into as of the :;2 (p--th day of 0 ~ , 2022, by and between the CITY OF CARLSBAD, a municipal corporation~), and Day Wireless Systems, a corporation, ("Contractor"). RECITALS A. City requires the professional services of an in-car video installer that is experienced in in-car video equipment and installation. B. Contractor has the necessary experience in providing professional services and advice related to in-car video equipment and installation. C. 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 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. 2. 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. 3. TERM The term of this Agreement will be effective for a period of 12 Months 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. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed and equipment purchased during the initial Agreement term will be two hundred eighty-two thousand two hundred thirty-one dollars and seventy-five cents ($282,231 .75). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount will be negotiated at the time of extension if appropriate. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved' Version 6/12/18 July 26, 2022 Item #2 Page 6 of 14 DocuSign Envelope ID: CBF75C19-50CA-4891-939B-D065B78BDC7BDocuSign Envelope ID: DFC9419F-BA9F-44B9-9928-60EB4C2C5742 Aug. 30, 2022 Item #6 Page 12 of 81 DocuSign Envelope ID: 031BE007-1043-4808-AB48-E43F537 A5619 6. 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. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. 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. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. 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 attorneys 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, 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. 10. 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-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating City Attorney Approved Version 6/1 2/18 July 26, 2022 2 Item #2 Page 7 of 14 DocuSign Envelope ID: CBF75C19-50CA-4891-939B-D065B78BDC7BDocuSign Envelope ID: DFC9419F-BA9F-44B9-9928-60EB4C2C5742 Aug. 30, 2022 Item #6 Page 13 of 81 DocuSign Envelope ID: 031 BE007-1043-4BO8-AB4B-E43F 537 A5619 in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 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. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability {CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. 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. 10.1.4 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 . 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain , or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability wh ich shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 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. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 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. City Attorney Approved Version 6/12/18 July 26, 2022 3 Item #2 Page 8 of 14 DocuSign Envelope ID: CBF75C19-50CA-4891-939B-D065B78BDC7BDocuSign Envelope ID: DFC9419F-BA9F-44B9-9928-60EB4C2C5742 Aug. 30, 2022 Item #6 Page 14 of 81 DocuSign Envelope ID: 031BE007-1043-48D8-AB4B-E43F537 A5619 10.5 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. 11. BUSINESS LICENSE 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. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. 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. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product 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. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. 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 City Name Maria Callander Title IT Director Department IT ---------- City of Carlsbad Address 1635 Faraday Ave Carlsbad, CA 92108 Phone No. 442.339.2454 For Contractor Name Andy Grimm Title Senior Account Manager Address 8300 Juniper Creek Lane San Diego, CA 92126 Phone No. 858-864-3660 Email agrimm@daywireless.com 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. Ill Ill Ill City Attorney Approved Version 6/12/18 July 26, 2022 4 Item #2 Page 9 of 14 DocuSign Envelope ID: CBF75C19-50CA-4891-939B-D065B78BDC7BDocuSign Envelope ID: DFC9419F-BA9F-44B9-9928-60EB4C2C5742 Aug. 30, 2022 Item #6 Page 15 of 81 DocuSign Envelope ID: 031BE007-1043-48D8-A848-E43FS37AS619 16. 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 categories. YesD Nol:8J 17. 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 of the requirements of the 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. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. 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 forwarded 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. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable City Attorney Approved Version 6/12/18 July 26, 2022 5 Item #2 Page 10 of 14 DocuSign Envelope ID: CBF75C19-50CA-4891-939B-D065B78BDC7BDocuSign Envelope ID: DFC9419F-BA9F-44B9-9928-60EB4C2C5742 Aug. 30, 2022 Item #6 Page 16 of 81 OocuSign Envelope ID: 031BE007-1043-48O8-AB48-E43F537A5619 under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. 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 otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. 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 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. 23. 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. 24. 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 . 25. 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. City Attorney Approved Version 6/12/18 July 26, 2022 6 Item #2 Page 11 of 14 DocuSign Envelope ID: CBF75C19-50CA-4891-939B-D065B78BDC7BDocuSign Envelope ID: DFC9419F-BA9F-44B9-9928-60EB4C2C5742 Aug. 30, 2022 Item #6 Page 17 of 81 DocuSign Envelope ID; 031 BE007-1 043-48O8-AB48-E43F 537 A5619 26. 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. CONTRACTOR By: llJL:·~ (sign here) Mackenzie Day/ Chief Operating Officer (print name/title) By: (sign here) Jessica Day / Secretary (print name/title) Cl co By: ATTEST: RLSBAD, a municipal of the State of California f!fL ~AVIOLA MEDINA City Clerk Services Manager 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: CELIA A. BREWER, City Attorney BY: {jv.,j,(t; k.. ~ Assistant City Attorney July 26, 2022 City Attorney Approved Version 6/12/18 7 Item #2 Page 12 of 14 Date 05/24/2022 Quotation#QO24475 Bill To Carlsbad, City of- Police Dept 2560 Orion Way Attn: Patrol CSO Carlsbad CA 92010-7240 United States Ship To Carlsbad, City of- Police Dept 2560 Orion Way Attn: Patrol CSO Carlsbad CA 92010-7240 United States 2001-San Diego 8300 Juniper Creek Lane Suite 100 San Diego CA 92126 United States Expires 08/31/2022 Terms NET 30-GOV Representative Andrew Grimm Direct Phone (858) 864-3660 E-Mail agrimm@daywireless.com Office Phone (858) 537-0709 Customer Contact Javier Ruiz Contact Phone (760) 931-2176 Project Name 60 Units Cradlepoint In Car ... Item# LG-IN2446 MISC HARDWA... 2152 INSTALLA... Description Quantity 60 60 60 Description Panorama 9-in-1 5G Dome Black Antenna - LG-IN2446 Cradlepoint Modem IBR1700, 5YR Netcloud, Essentials and Advanced Package 2001 INSTALLATION LABOR - Install Cradlepoint Modem, Panorama Antenna and Motorola In Car Video System. (60) Vehicles Cradlepoint Modem, Panorama Antenna Hardware. Install Cradlepoint Modem, Panorama Antenna and Install Motorola In Car Video Systems for (60) Vehicles. Rate 425.00 2,270.00 1,800.00 Amount 25,500.00 136,200.00 108,000.00 Subtotal Tax Total Total 269,700.00 12,531.75 $282,231.75 _______________________________________________________________________ LEGAL NAME OF PURCHASER P.O. NUMBER _______________________________________________________________________ AUTHORIZED SIGNATURE DATE ORDERS SUBJECT TO SHIPPING & HANDLING AND SALES TAX IF APPLICABLE - TERMS SUBJECT TO CREDIT REVIEW TAXES, SHIPPING CHARGES AND FEES ARE ESTIMATES AND WILL BE DETERMINED AT TIME OF SALE THIS QUOTE IS SUBJECT TO REVIEW BY MANAGEMENT FOR COMPLETENESS AND ACCURACY * Please reference Quotation # on correspondence and purchase orders. Prices firm for 30 days unless otherwise stated * * $25 NSF Charge - 20% Restocking Fee - 1.5% Late Fee * EXHIBIT "A"DocuSign Envelope ID: 031BE007-1043-4BD8-AB4B-E43F537A5619 July 26, 2022 Item #2 Page 13 of 14 DocuSign Envelope ID: CBF75C19-50CA-4891-939B-D065B78BDC7BDocuSign Envelope ID: DFC9419F-BA9F-44B9-9928-60EB4C2C5742 Aug. 30, 2022 Item #6 Page 18 of 81 ,1,, DAY i WIRELESS SYSTEMS Date 06/10/2022 Quotation#QO28627 Bill To Carlsbad, City of- Police Dept 2560 Orion Way Attn: Patrol CSO Carlsbad CA 92010-7240 United States Ship To Carlsbad, City of- Police Dept 2560 Orion Way Attn: Patrol CSO Carlsbad CA 92010-7240 United States 2001-San Diego 8300 Juniper Creek Lane Suite 100 San Diego CA 92126 United States Expires 09/15/2022 Terms NET 30-GOV Representative Andrew Grimm Direct Phone (858) 864-3660 E-Mail agrimm@daywireless.com Office Phone (858) 537-0709 Customer Contact Javier Ruiz Contact Phone (760) 931-2176 Project Name 34 Units Cradlepoint In Car ... Item# LG-IN2446 MISC HARDWA... 2152 INSTALLA... Description Quantity 34 34 34 Description Panorama 9-in-1 5G Dome Black Antenna - LG-IN2446 Cradlepoint Modem IBR1700, 5YR Netcloud, Essentials and Advanced Package 2001 INSTALLATION LABOR - Install Cradlepoint Modem, Panorama Antenna and Motorola In Car Video System. (34) Vehicles Cradlepoint Modem, Panorama Antenna Hardware. Install Cradlepoint Modem, Panorama Antenna and Install Motorola In Car Video Systems for (34) Vehicles. Rate 425.00 2,270.00 1,800.00 Amount 14,450.00 77,180.00 61,200.00 Subtotal Tax Total Total 152,830.00 7,101.33 $159,931.33 _________________________________________________ ______________________ LEGAL NAME OF PURCHASER P.O. NUMBER _________________________________________________ ______________________ AUTHORIZED SIGNATURE DATE ORDERS SUBJECT TO SHIPPING & HANDLING AND SALES TAX IF APPLICABLE - TERMS SUBJECT TO CREDIT REVIEW TAXES, SHIPPING CHARGES AND FEES ARE ESTIMATES AND WILL BE DETERMINED AT TIME OF SALE THIS QUOTE IS SUBJECT TO REVIEW BY MANAGEMENT FOR COMPLETENESS AND ACCURACY * Please reference Quotation # on correspondence and purchase orders. Prices firm for 30 days unless otherwise stated * * $25 NSF Charge - 20% Restocking Fee - 1.5% Late Fee * DocuSign Envelope ID: CBF75C19-50CA-4891-939B-D065B78BDC7BDocuSign Envelope ID: DFC9419F-BA9F-44B9-9928-60EB4C2C5742 Aug. 30, 2022 Item #6 Page 19 of 81 ,1,, DAY i WIRELESS SYSTEMS PSA21-1414FLT City Attorney Approved Version 9/27/16 1 AMENDMENT NO. 2 TO AGREEMENT FOR MULTI-YEAR POLLICE PATROL OUTFITTING EMERGENCY VEHICLE SYSTEMS, LLC This Amendment No. 2 is entered into and effective as of the ______ day of____________, 2022, amending the agreement dated March 16, 2021 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Emergency Vehicle Systems, LLC., a California limited liability company, (“Contractor") (collectively, the “Parties”) for fabrication and outfitting of City of Carlsbad police vehicles. RECITALS A.On March 14, 2022, the Parties executed Amendment No.1 to the Agreement to amend and extend the Agreement; and B.The Parties desire to alter the Agreement’s scope of work to allow for the outfitting of up to an additional thirty-four (34) police patrol vehicles during the current, and subsequent final Agreement year, should the Agreement be extended. C.The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the current year total annual Agreement amount shall not exceed nine hundred fifty-eight thousand four hundred fifty-seven dollars and ninety-six cents. ($958,457.96). 2.City will pay Contractor for all work associated with those services described in Exhibit “A” on a time and materials basis not-to-exceed five hundred seventy-two thousand one hundred fifty-nine dollars and forty-eight cents ($572,159.48). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3.Contractor will complete all work described in Exhibit “A” by March 15, 2023. 4.All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5.All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 6.The individuals executing this Amendment 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 Amendment. DocuSign Envelope ID: 5EB2F85E-F8EE-48EF-AD9C-A7EAE115B394 Attachment B Aug. 30, 2022 Item #6 Page 20 of 81 PSA21-1414FLT City Attorney Approved Version 9/27/16 2 CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California EMERGENCY VEHICLE SYSTEMS, LLC, a California limited liability company By: By: (sign here) Matt Hall, Mayor Danielle Sickels, Member (print name/title) ATTEST: By: (sign here) for Faviola Medina, Evan Sickels, Member City Clerk Services Manager (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 Group B Chairman, President, or Vice-President 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: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: 5EB2F85E-F8EE-48EF-AD9C-A7EAE115B394 Aug. 30, 2022 Item #6 Page 21 of 81 PSA21-1414FLT City Attorney Approved Version 9/27/16 3 EXHIBIT “A” SCOPE OF SERVICES AND FEE Contractor shall fabricate and outfit police patrol vehicles in accordance with the current contract requirements for an additional thirty-four (34) police patrol vehicles. Contractor’s compensation for fabrication and outfitting of each patrol vehicle shall be $16,828.22 per vehicle. RFP21- 1231FLT SERVICE DESCRIPTION QUANTITY UNIT BASE YEAR ($) TOTAL PRICE ($) Police Patrol Exhibit “A” Item 2 LABOR 1 EA $3,621 $16,828.22 PARTS 1 EA $13,207.22 Initial (year 1) contract Amount not-to-exceed $378,724 Current (year 2) not-to-exceed annual contract amount $386,298.48 Current (year 2) fee for fabrication and outfitting of up to an additional 34 patrol vehicles - $572,159.48 Revised current (year 2) not-to-exceed annual contract amount $958,457.96 Optional (year 3) not-to-exceed annual contract amount $977,627.12 The total compensation allowed under the Amended Agreement shall not exceed two million three hundred fourteen thousand eight hundred eight dollars and twenty-four cents ($2,314,808,24). DocuSign Envelope ID: 5EB2F85E-F8EE-48EF-AD9C-A7EAE115B394 Aug. 30, 2022 Item #6 Page 22 of 81 1/31/2022 Business & Contractors Insurance Services, Inc. 1941 Friendship Dr Suite F El Cajon CA 92020 Gina Galvas (619)592-4440 (619)592-4449 Gina@bcisinc.net Emergency Vehicle Systems 1493 N Cuyamaca Street El Cajon CA 92020 StarStone Specialty Ins Co 44776 Mesa Underwriters Specialty Insurance Company36838 CL2213116550 A X L72011220ALI 1/14/2022 1/14/2023 1,000,000 1,000,000 B GARAGE LIABILITY X MP0042018003447 1/14/2022 1/14/2023 3Mil AGG / 1MIL EACH ACCIDENT DED 1,000 GARAGEKEEPERS/PREMISES INCLUDED Certificate Holder has been named as Additional Insured per written contract. RE: Various Locations. *Endorsement is attached. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O. Box 947Murrieta, CA 92564 support@exigis.com Gina Galvas/JMR The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE Ifyes,describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSDADDL WVDSUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to thecertificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) DocuSign Envelope ID: 5EB2F85E-F8EE-48EF-AD9C-A7EAE115B394 Aug. 30, 2022 Item #6 Page 23 of 81 ACORD® I ~ l ..__ D □ ..__ ..__ R □ □ --- -'--- -- ..__ H I I I T I □ I DocuSign Envelope ID: 5EB2F85E-F8EE-48EF-AD9C-A7EAE115B394 Aug. 30, 2022 Item #6 Page 24 of 81 POLICY NUMBER: MP0042018003447 COMMERCIAL AUTO CA20480299 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 01;14;2022 12:01 AM Countersigned By: Named Insured: EMERGENCY VEHICLE SERVICES <Authorized Reoresentative) SCHEDULE Name of Person(s) or Organization(s): CITY OF CARLSBAD/CMWD clo EXIGIS INSURANCE COMPLIANCE SERVICES (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA20480299 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 □ CERTIFICATE OF EXEMPTION WORKERS’ COMPENSATION/EMPLOYERS’ LIABILITY INSURANCE I, , am the [insert name] [title] of . I hereby certify that [name of company][name of company] has no employees and is not required by law to maintain workers’ compensation or employers’ liability insurance. Should employ any person [name of company] during the term of the Agreement with the City of Carlsbad for , [description of project or work that is being contracted] then workers’ compensation and employers’ liability insurance will be obtained. [Name] [Title and name of company or corporation] Evan Sickels Owner Emergency Vehicle Systems Emergency Vehicle Systems Emergency Vehicle Systems Owner of Emergency Vehicle Systems DocuSign Envelope ID: 5EB2F85E-F8EE-48EF-AD9C-A7EAE115B394 Aug. 30, 2022 Item #6 Page 25 of 81 Rev 10/4/17 Agreement/Amendment/Ratification Cover Sheet Return docs to: Contact Name: Janean Hawney Dept: PW – Contract Admin Phone: 442-339-2795 Project Manager MUST provide the following information: Agreement Type (check one) ☐Original Agreement ☒Amendment No. 2 $572,159.48 ☒ Other Click here to enter text. Type: ratification, extension, etc. Original Agreement Data Amendment # / Dollar Amount / Length Date of original agreement 03/16/21 No. 1 / $386,298.48 / 1 year Term of original agreement 1 year No. Click here to enter text. Dollar amount of original agreement $378,724 No. Click here to enter text. Current expiration date of agreement 03/15/2022 No. Click here to enter text. Person with authority to renew City Manager No. Click here to enter text. Number of allowable extensions 2 No. Click here to enter text. Length of allowable extensions 1 year No. Click here to enter text. Agreement Requirements (check all items received) ☒Proper Signature(s)☒Certificates of Insurance ☒Endorsements to Policy ☐Notarization (if applicable)☒Exhibits (if applicable)☒Justification - over 35,000 ☒Business License 09/30/22 ☐Corporate Resolution ☐Bonds ☒Original Agreement and previous amendments ☐Agreement Summary Sheet (if applicable) ☐Vendor EFT Form ☐Other Purchase Requisition Information: Agreement Number: PSA21-1414FLTClick here to enter text. Inspection by CM&I? No Purchase Requisition No.: RClick here to enter text. Purchase Order No. associated with original agreement, ext and/or amendments: Multiple PO: P139743, P139771, P139772, P139773, P139774, P139777, P139778, P139779, P139780, P139782, P139783, P139789, P139790, P139791, P139792, P139793 City Project Manager: Bradley Northup Dept: PW-FLT Phone: 760-473-1267 Contractor: Emergency Vehicle Systems Contact: Evan Sickels Email: esickels@hotmail.com Contractor must file Statement of Economic Interest? No List all individuals who must file: N/A Previously contracted w/Contractor? ☒Yes ☐No Agreement/Contract Title: Multi-Year Police Patrol Outfitting Account Number: 621-5461-9010 Funding has been verified? ☒ PW Contract Type: ☐Standard Public Works ☐Minor Public Works ☐Open Market ☐Letter of Agreement Non-PW Contracts over $35,000: ☒Yes ☐No # of Proposals Received Click here to enter text. (ATTACH JUSTIFICATION) Council (Board) Action Required? ☒ Yes ☐ No Proposed Meeting Date: July 26, 2022 ROUTED TO INITIALS DATE RECEIVED DATE FORWARDED ☒Department Contact JH/AL 6/30/22 DS 7/6/22 ☒Department Head ☒Risk Manager ☒City Attorney/General Counsel ☒≤ $40,000 (or $60,000 for MPW) DCM-PW / Director ☐$40,000-$100,000 ACM / Authorized Signatory ☒> $100,000 Mayor / City Manager / Executive Manager ☒City Clerk / Board Secretary ☒Department Contact PO Requested: DocuSign Envelope ID: 5EB2F85E-F8EE-48EF-AD9C-A7EAE115B394 7/6/2022 7/6/2022 7/21/2022 7/21/2022 7/21/20227/21/2022 7/21/2022 7/21/2022 7/21/2022 Aug. 30, 2022 Item #6 Page 26 of 81 Rev 10/4/17 Click here to enter text. Comments: Click here to enter text. Contract Admin: Please send a copy of all correspondence to the following email address: N/A Thank you! DocuSign Envelope ID: 5EB2F85E-F8EE-48EF-AD9C-A7EAE115B394 Aug. 30, 2022 Item #6 Page 27 of 81 •MOTOROLA SOLUTIONS QUOTE-1784298 The design, technical, pricing, and other information ("Information") furnished with this submission is confidential proprietary information of Motorola Solutions, Inc. or the Motorola Solutions entity providing this quote ("Motorola") and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola. MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved. Attachment C Aug. 30, 2022 Item #6 Page 28 of 81 . . . •MOTOROL.A SOLUTIONS Billing Address: Carlsbad PD - B 2560 ORION STREET CARLSBAD, CA 92010 us Summary: Shipping Address: Carlsbad PD - B 2560 ORION STREET CARLSBAD, CA 92010 us QUOTE-1784298 Quote Date:06/10/2022 Expiration Date:09/08/2022 Quote Created By: Timothy Culberson CES Tim.Culberson@ motorolasolutions.com 469-525-9928 End Customer: CARLSBAD POLICE DEPARTMENT Payment Terms:30 NET Any sales transaction resulting from Motorola's quote is based on and subject to the applicable Motorola Standard Terms and Conditions, notwithstanding terms and conditions on purchase orders or other Customer ordering documents. Motorola Standard Terms and Conditions are found at www.motorolasolutions.com/product-terms. Line# Item Number Description Qty Term Sale Price Ext. Sale Price 1 2 3 4 5 6 7 Video as a Service MS-M5-5YR-001 M500 IN-CAR VIDEO SY STEM 34 5YEAR $8,940.00 $303,960.00 AND COMMAND CENTRAL EVIDENCE - 5 YEARS VIDEO- AS-A-SERVICE ($165 PER MON)* SSV00S03094A COMMANDCENTRAL 34 5YEAR Included Included EVIDENCE PLUS SUBSCRIPTION VMS* SSV00S03096A COMMANDCENTRAL 34 5YEAR Included Included EVIDENCE UNLIMITED IN CAR STORAGE VMS* IV-M5-FC-PC-TM VIDEO EQUIPMENT,M500 IN-34 Included Included CAR SYSTEM FRONT/ PASSENGER CAM* WAR-M500-CAR-2Y M500 EXTENDED WARRANTY 34 5YEAR Included Included IV-ACK-WF-C--DM MIKROTIK CONF WIFI KIT, 34 Included Included DRILL MNT HDW-ETH-SPS-M5 SMART POE SWITCH (SPS), 34 $0.00 $0.00 M500 Any sales transaction following Motorola"s quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Unde�ying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States -60661 -#: 36-1115800 Page2 Aug. 30, 2022 Item #6 Page 29 of 81 •MOTOROL.A SOLUTIONS QUOTE-1784298 Line# Item Number Description Qty Term Sale Price Ext. Sale Price 8 VIS-SPS-WIF-KIT VISTA HD, SPS KIT, INC PWR 34 &ANT CBL 9 IV-ACK-AU-HF-MB HI-Fl MIC BUND KIT V.2, 34 BRACKETS Vigilant 10 DDN3420A BASIC REMOTE SUPPORT 1 FOR WG LPR LICENSE 11 DDN3421A M500 BASIC ALPR VMS 34 Subtotal Estimated Tax Grand Total Pricing Summary Sale Price Prorated Price Upfront Costs for Hardware, Accessories and Implementation $78,836.00 $0.00 (if applicable), plus Subscription Fee Year 2 Subscription Fee $60,792.00 $0.00 Year 3 Subscription Fee $60,792.00 $0.00 Year 4 Subscription Fee $60,792.00 $0.00 Year 5 Subscription Fee $60,792.00 $0.00 Grand Total System Price $322,004.00 $0.00 Notes: •Additional information is required for one or more items on the quote for an order. •Unless otherwise noted in this quote / order, installation of equipment is not included. •Please refer to the ALPR Solution Attachment for further details Included Included Included Included $500.00 $500.00 $516.00 $17,544.00 $322,004.00 $16,331.73 $338,335. 73(USD) Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Unde�ying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States -60661 -#: 36-1115800 Page 3 Aug. 30, 2022 Item #6 Page 30 of 81