Fontana City Council
April 9, 2024

DocuSign Envelope ID: EF397029- 9BO3- 4FF5- BOOE- AE5C53988B7C

CITY OF FONTANA

EQUIPMENT PURCHASE AGREEMENT
SP- 71- IT- 23
This Equipment Purchase Agreement (" Agreement") is entered into this 9th day of February, 2023, by and between the City of Fontana, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at a municipal corporation organizedunder the laws of the State of California with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335 (" City"), and Matrix Audio Visual Design, Inc., a Corporation with its principal place of business at 2525 W. Burbank Blvd., Burbank, California 91505 (" Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

Section 1. DEFINITIONS.

A. " Equipment" means all machinery, equipment, items, parts, materials, labor or other services, including design, engineering and installation services, provided by Contractor as specified in Exhibit " A," attached hereto and incorporated herein by reference.

B. " Delivery Date( s)" means that date or dates upon which the Equipment is to be delivered to City, ready for approval, testing and/or use as specified in Exhibit ` B." Section 2. MATERIALS AND WORKMANSHIP.

When Exhibit " A" specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without City' s written approval. Machinery, equipment or material installed in the Equipment without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment or materials are referred to in Exhibit " A" as equal to any particular standard, City will decide the question of equality. When requestedby City, Contractor will furnish City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Equipment. Material samples will be submitted at City' s request.

The site of any installation work shall be kept clean and free of hazards at all times during performance of such installation services. After installation is completed at the site, as applicable, Contractor shall clean the surrounding area to the condition prior to delivery and installation.

Section 3. INSPECTIONS AND TESTS.

City shall have the right to inspect and/or test the Equipment prior to acceptance. If upon inspection or testing the Equipment or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit " A," then without prejudice to any other rights or remedies, City may reject the Equipment or exercise any of its rights under Section 4.C. The inspection, failure to make inspection, acceptanceof goods, or payment for goods shall not impair City' s right to reject nonconforming goods, irrespective of City' s failure to notify Contractor of a

DocuSign Envelope ID: EF397029- 9B03- 4FF5- BOOE- AE5C53988B7C rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof.

If the Contractor is responsible for providing installation services, finished installation work and/ or equipment shall be subject to final inspection and acceptance or rejection by the City.

Section 4. WARRANTY.

A. Contractor warrants that the Equipment will be of merchantable quality and free from defects in design, engineering, material and workmanship for a period of two ( 2) years, or such longer period as provided by a manufacturer's warranty or as agreed to by Contractor and City, from the date of final written acceptance of the Equipment by City as required for final payment under Section 7. Contractor further warrants that any servicesprovided in connection with the Equipment will be performed in a professional and workmanlike manner and in accordancewith the highest industry standards.

B. Contractor further warrants that all machinery, equipment or process included in the Equipment will meet the performance requirements and specifications specified in Exhibit A" and shall be fit for the purpose intended. City' s inspection, testing, approval or acceptance of any such machinery, equipment or process will not relieve Contractor of its obligations under this Section 4. 13.

C. For any breach of the warranties contained in Section 4.A and Section 4.13, Contractor will, immediately after receiving notice from City, at the option of City, and at Contractor' s own expenseand without cost to City:

1. Repair the defective Equipment;

2. Replace the defective Equipment with conforming Equipment, F.O.B.

City' s plant, office or other location of City where the Equipment was originally performed or delivered; or

3. Repay to City the purchase price of the defective Equipment.

If City selects repair or replacement, any defects will be remedied without cost to City, including but not limited to, the costs of removal, repair and replacement of the defective Equipment, and reinstallation of new Equipment. All such defective Equipment that is so remedied will be similarly warranted as stated above. In addition, Contractor will repair or replace other items of the Equipment which may have been damagedby such defects or the repairing of the same, all at its own expenseand without cost to City.

D. Contractor also warrants that the Equipment is free and clear of all liens and encumbrances whatsoever, that Contractor has a good and marketable title to same, and that Contractor owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Equipment. Contractor agrees to indemnify, defend and hold

DocuSign Envelope ID: EF397029- 9B03- 4FF5- BODE- AE5C53988B7C City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties.

E. In the event of a breachby Contractor of its obligations under this Section 4, City will not be limited to the remedies set forth in this Section 4, but will have all the rights and remediespermitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code.

Section 5. PRICES.

Unless expressly provided otherwise, all prices and fees specified in Exhibit " A," attachedhereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreedto in writing by City' s authorized representative. The total price shall include 1) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Equipment furnished to City hereunder; and (ii) all chargesfor packing, freight and transportation to destination.

Section 6. CHANGES.

City, at any time, by a written order, and without notice to any surety, may make changes in the Equipment, including but not limited to, City' s requirements and specifications. If such changes affect the cost of the Equipment or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Contractor and such change will be authorizedby a changeorder document signedby City and acceptedby Contractor.

Section 7. PAYMENTS.

A. Terms of payment, are net thirty ( 30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Contractor has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Equipment.

B. If Progress Milestones have been specified Exhibit ` B," then payments for the Equipment will be made as the requirements of such Progress Milestones are met. Progress payments for the Equipment will be made by City upon proper application by Contractor during the progress of the Equipment and according to the terms of payment as specified in Exhibit " B." Contractor' s progress billing invoice will include progress payments due for the original scope of work and changes. Each " Item for Payment" shown in Exhibit " B" and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit " B" or a change order, must have subcontractor and/ or supplier invoices attached to Contractor' s invoice. Other format and support documents for invoices will be determined by City in advance of the first invoice cycle.

C. Payments otherwise due may be withheld by City on account of defective Equipment not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Contractor to make payments properly to its

DocuSign Envelope ID: EF397029- 9B03- 4FF5- BOOE- AE5C53988B7C subcontractors or for material or labor, the failure of Contractor to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Contractor' s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causesare not removed within a reasonableperiod after written notice, City may remove them at Contractor' s expense.

D. Payment of the final Progress Milestone payment or any retention will be made by City upon:

1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit ` B" and in the amount associated with the Progress Milestone;

2. Written acceptance of the Equipment by City;

3. Delivery of all drawings and specifications, if required by City;

4. Delivery of executed full releases of any and all liens arising out of this Agreement; and

5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full.

If any person refuses to furnish an actual release or receipt in full, Contractor may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City.

E. Acceptance by Contractor of payment of the final Progress Milestone payment pursuant to Section 7.1) will constitute a waiver, releaseand dischargeof any and all claims and demands of any kind or character which Contractor then has, or can subsequently acquire against City, its successorsand assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Contractor, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connectedwith, the performance of this Agreement.

Section 8. SCHEDULE FOR DELIVERY.

A. The time of Contractor' s performance is of the essence for this Agreement.

Contractor must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule.

B. In the event that the Equipment is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Contractor will fully cooperate in scheduling the delivery so that City canmaximize the efficient completion of suchproject( s).

DocuSign Envelope ID: EF397029- 9B03- 4FF5- BODE- AE5C53988B7C Section 9. TAXES.

A. Contractor agrees to timely pay all sales and use tax ( including any value added or gross receipts tax imposed similar to a salesand use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Equipment provided under this Agreement.

B. Contractor will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measuredby wages, salaries or other remuneration of its employees or the employees of its subcontractors. Contractor will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amountsrequired to be withheld.

C. All other taxes, however denominated or measured, imposed upon the price of the Equipment provided hereunder, will be the responsibility of Contractor. In addition, all taxes assessed by any taxing jurisdiction based on Contractor property used or consumed in the provision of the Equipment such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Contractor.

D. Contractor will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Contractor hereunder.

Section 10. INDEPENDENT CONTRACTOR.

Contractor enters into this Agreement as an independent contractor and not as an employee of City. Contractor shall have no power or authority by this Agreement to bind City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractorshired or retained by the Contractor are employees, agents, contractors or subcontractors of the Contractor and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Contractor by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement.

Section 11. SUBCONTRACTS.

Unless otherwise specified, Contractor must obtain City' s written permission before subcontracting any portion of the Equipment. Except for the insurance requirements in Section

13.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Equipment, will require that the subcontractorbe bound by and subjectto all of the terms and conditions of the Agreement. No subcontract or order will relieve Contractor from its obligations to City, including, but not limited to Contractor' s insurance and indemnification obligations. No subcontract or order will bind City.

Section 12. TITLE AND RISK OF LOSS.

Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially completed portions of the Equipment upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Equipment. However, Contractor will be liable for any loss or damageto the Equipment and/or the materials causedby

DocuSign Envelope ID: EF397029- 9BO3- 4FF5- BODE- AE5C53988B7C Contractor or its subcontractors, their agents or employees, and Contractor will replace or repair said Equipment or materials at its own cost to the complete satisfaction of City. Notwithstanding the foregoing, in the event that the City haspaid Contractor for all or a portion of the Equipment which remains in the possession of Contractor, then City shall have title to, and the right to take possession of, such Equipment at any time following payment therefor. Risk of loss for any Equipment which remains in the possession of Contractor shall remain with Contractor until such Equipment has been delivered or City has taken possessionthereof. Contractor will have risk of loss or damage to Contractor' s property used in the construction of the Equipment but which doesnot become apart of the Equipment.

Section 13. INDEMNIFICATION.

A. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damageor injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Contractor, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Equipment or the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses except such loss or damage which was causedby the sole negligence or willful misconduct of the City.

B. Contractor' s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents or volunteers shall be at Contractor' s own cost, expense and risk. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, agentsor volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its officials, officers, employees, agents and/or volunteers, for any and all legal expensesand costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

C. Contractor' s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

Section 14. INSURANCE.

A. General. Contractor shall take out and maintain:

1. Commercial General Liability Insurance, of at least $ 1,000,000 per occurrence/ $ 2,000, 000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01;

2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non -owned and hired vehicles, of at least $ 1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto);

DocuSign Envelope ID: EF397029- 9B03- 4FF5- BOOE- AE5C53988B7C

3. Workers' Compensation in compliance with applicable statutory requirements and Employer' s Liability Coverage of at least $ 1,000, 000 per occurrence; and

4. Pollution Liability Insurance of at least $ 1,000,000 per occurrence and 2,000, 000 aggregate shall be provided by the Contractor if transporting hazardous materials.

5. If Contractor is also the manufacturer of any equipment included in the Equipment, Contractor shall carry Product Liability and/ or Errors and Omissions Insurance which covers said equipment with limits of not less than $ 1, 000, 000.

B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage.

The policies required under this Section shall give City, its officials, officers, employees, agents or volunteers additional insured status. Such policies shall contain a provision stating that Contractor' s policy is primary insuranceand that any insurance, self-insuranceor other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss, and shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be namedasadditional insured pursuant to this Agreement.

C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A. M. Best' s rating no less than A-: VII, licensed to do business in California, and satisfactory to the City.

D. Evidence of Insurance. Contractor shall furnish City with original certificates of insuranceand endorsementseffecting coveragerequired by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor.

All coverages for subcontractors shall be subject to all of the requirements stated herein.

F. Fri. Contractor shall ensurethat third party shipperscontractedby Contractor have adequate insurance coverage for the shipped Equipment.

Section 15. LIENS.

A. Contractor, subcontractors and suppliers will not make, file or maintain a mechanic' s or other lien or claim of any kind or character against the Equipment, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things

DocuSign Envelope ID: EF397029- 9BO3- 4FF5- BODE- AE5C53988B7C furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement ( such liens or claims referred to as " Claims"); and Contractor, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Contractor, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant.

B. Contractor will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Contractor will, at its own expense, defend any and all actions basedupon such Claims and will pay all chargesof attorneys and all costs and other expenses arising from such Claims.

Section 16. TERMINATION OF AGREEMENT BY CITY.

A. Should Contractor at any time refuse or fail to deliver the Equipment with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Contractor' s right to proceed with the delivery of the Equipment by written notice to Contractor, In such event City may obtain the Equipment by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Contractor. In such case Contractor will not be entitled to receive any further payments until the Equipment is delivered. If City' s cost of obtaining the Equipment, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Contractor will be liable for and will pay the difference to City.

B. City may, for its own convenience, terminate Contractor' s right to proceed with the delivery of any portion or all of the Equipment by written notice to Contractor. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have againstContractor, and will not affect the obligations and duties of Contractor under the Agreement with respect to portions of the Equipment not terminated.

C. On receipt of notice under Section 163, Contractor will, with respect to the portion of the Equipment terminated, unless the notice states otherwise,

1. Immediately discontinue such portion of the Equipment and the placing of orders for materials, facilities, and supplies in connection with the Equipment,

2. Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and

3. Deliver only such portions of the Equipment which City deemsnecessary to preserve and protect those portions of the Equipment already in progress and to protect material, plant and equipment at the Equipment site or in transit to the Equipment site.

D. Upon termination pursuant to Section 16.13, Contractor will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Equipment already delivered, including material and services for which it has made firm contracts which are

DocuSign Envelope ID: EF397029- 9BO3- 4FF5- BOOE- AE5C53988B7C not canceled, it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Contractor upon delivery by Contractor of the releases of liens and affidavit, pursuant to Section 7. C.

Section 17. MISCELLANEOUS PROVISIONS.

A. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose:

CITY:

City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: Jennifer Barcenas
CONTRACTOR:

Matrix Audio Visual Designs, Inc.
2525 W Burbank Blvd
Burbank, California 91505
Attn: Hovik Mirakhanian
Such notice shall be deemed made when personally delivered or when mailed, forty- eight 48) hours after deposit in the U. S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

B. Assignment or Transfer. Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Contractor from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.

C. Successors and Assigns. This Agreement shall be binding on the successorsand assigns of the Parties.

D. Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

E. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

DocuSign Envelope ID: EF397029- 9B03- 4FF5- BODE- AE5C53988B7C G. InteMretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or againstany Party.

H. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumedby the Parties.

L Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party.

J. Invalidity, Severability. If any portion of this Agreement is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

K. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

L. City' s Right to Employ Other Contractors. City reserves its right to employ other contractors in connection with the Equipment.

M. Compliance with Law. Contractor shall comply with all applicable laws and regulations of the federal, state and local government and shall be responsible for obtaining any required licenses, permits or certifications necessary to perform this Agreement. Contractor is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of its performance of this Agreement. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. (" Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain " public works" and " maintenance" projects. If the work being performed under this Agreement is being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $ 1, 000 or more, Contractor agreesto fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor' s performance of work under this Agreement, including any delay, shall be Contractor' s sole responsibility and Contractor shall indemnify City from liability arising out of the same. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages ( Labor Code Sections 1771, 1774 and 1775), employment of apprentices ( Labor Code Section 1777. 5), certified payroll records ( Labor Code Sections 1771. 4 and 1776), hours of labor ( Labor Code Sections 1813 and 1815), contractor registration ( Labor Code Sections 1725. 5 and 1771. 1) and debannent of contractors and subcontractors ( Labor Code Sections 1777. 1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 and to be registered with the Department of Industrial Relations shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1771. 4, 1725. 5 and 1771. 1.

DocuSign Envelope ID: EF397029- 9B03- 4FF5- BOOE- AE5C53988B7C N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Equipment specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respectto this Agreement, except those contained in or referred to in the writing.

O. Compliance with Funding Source Requirements. Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (" CSLFRF") program, will be used to fund all or a portion of this Agreement. As applicable, Contractor shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:
i. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (" ARPA");
ii. CSLFRF Final Rule, codified at 31 CFR Part 35;
iii. CSLFRF Guidance on Recipient Compliance and Reporting Requirement, the most current version;
iv. 2 C. F. R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U. S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions asmay be otherwise provided by the U. S. Department of the Treasury; V. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; vi. Federal Contract Provisions attached hereto as Exhibit " C" and incorporated herein by reference; and
Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between the Federal Contract Provisions and the Agreement and/or the provisions of state law and, except as otherwise required under federal law or regulation, the Federal Contract Provisions shall control.

SIGNATURES ON FOLLOWING PAGE]

DocuSign Envelope ID: EF397029- 9BO3- 4FF5- BOOE- AE5C53988B7C

SIGNATURE PAGE FOR EQUIPMENT PURCHASE AGREEMENT
CITY OF FONTANA MATRIX AUDIO VISUAL DESIGNS, INC.

By: hAff t,WC.

Matthew C. Ballantyne
City Manager
Attest:

By: C-g' MW*Vx k& 6' y' — q
Germaine McClellan Key
City Clerk
By: ra* w' f it yf
Ramon Ebert
Deputy City Manager
Approved as toform:
r(ADun, UuAIA,
Best Best & Krieger LLP
City Attorney
By: wun t t V ° jaVGt to aS
Jennifer Barcenas
Information Technology Director
LE u ln.A. V. IV'A Aan.

Alina Mirzakhanian
President

IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS
ki- By: I?At,slA,a. b. Tf, hmxs
Rakesha Thomas
Human Resources & Risk Management Director

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/ PROCEDURES os(*(A bVwvu
Jessica Brown
Chief Financial Officer
Purchasing Office

DocuSign Envelope ID: EF397029- 9B03- 4FF5- BOOE- AE5C53988B7C EXHIBIT " A"

EQUIPMENT SPECIFICATIONS AND FEE SCHEDULE
DocuSign Envelope ID: EF397029- 9BO3- 4FF5- BOOE- AE5C53988B7C

LOCATION DETAILS

1. Removethe projection screen at the stage.

2. Removetheexistingprojector.

3. Removeall theatricallightingfixtures.

4. Removeceilingandfloormountedloudspeakers.

5. Removetheequipmentfromthetworackslocatedinthebackof thestage. Keepthenecessaryamplifiersfor reuse.

UpdatedProposal - As requestedtheproposalwas updatedwiththefollowing:

1. A complete4K productionsystemwith6 X 4K cameras. Thisincluderemovalof theentireVaddioandExtron lines. TheproposalnowincludesBlackmagicDesignproductionandrecordingsystemwithone12Gproduction switcher, 12Gproductionrouter, 4K HyperDeckrecorderwith 1TBmemory, HyperDeckExtremecontroller, rack mountinghardware. Theproposalnowincludes (1) 32" ViewSonic4Kfor multi -Viewand (2) Blackmagic4K monitors.

Tosupportthe4K productionsystemthecablingsystemfor theproductionsidewas upgradedto includeBelden 1694A cable with the appropriate connectors.

2. RemovedtheChamsyslightingcontrollerandaddedRoadHog4-21lightingcontroller

3. Added additional three encoders to support the cable boxes. The system now includes ( 7) encoders and ( 12) decoders.

4. Added one more (48) port PoE++ network switch to address the additional network support needed

5. To support the system we upgraded the number and type of UPS. The system includes ( 4) rack mountable UPSs.

6. Addedtwoadditional7" wall -mountedtouchpanels. GreenRoomandVIP Room

1. Removeall existingequipmentandstowawayfor theCityof Fontanapersonnelto pickup.

2. Keepallequipmentthatmaybeusedfor thenewAVsystemi.e. thevideowallcontroller. Retainall equipment racksto useinthe newAV system. Ourassumptionis thatthevideowallalongwiththecontrolleris inworking condition. Priorto removingthevideowallcontroller (Forconstructionpurposes) MatrixAVwilltestthevideowall to ensureproperoperation. Anyanomalieswill bereportedto theCity.

3. Markallconduitsto extendto the newAV ControlBooth. Conduitsto thenewAV boothbyothers. 82 DocuSign Envelope ID: EF397029- 9BO3- 4FF5- BOOE- AE5C53988B7C The new control booth shall include most of the AV equipment for the venue.

1.OneD-LiveS Class5000audiomixingconsolewithoneexpansionmoduleto provide32 inputsby 16outputs.

Theexpansionmoduleshallbemountedinoneof theexistingracks.

ProductLink: https://bit.ly/3jf5RDU

2. FourquadULXDreceiverswith (2) remoteantennas. Thiswill provide (16) channelsofwirelesscapability mountedinoneof theexistingracks. Thesystemshallincludeanantennadistributionsystem.

Productlink: https://bit.ly/3jpCw9Nandhttps://bit.ly/3vfZO17

3. Eightbodypacktransmitterswith (8) overearomnidirectionalmicrophones.

Productlink: https://bit.ly/3VjBCclandhttps://bit.ly/3HUJVbl

4. Eightprofessionalgrade (KSMseries) handheldwirelessmicrophones.

Productlink: https://bit.ly/3v9dPRL

5. A completechargingsolutionwithbatteriesarealsoincludedin ourproposal.

Productlink: https://bit.ly/3Wilec6

6. Three two channel transmitter system for in ear monitor system with an antenna system for the transmission system.

Productlink: https://bit.ly/3jlKdxQandhttps://bit.ly/3PIZEMPandhttps://bit.ly/3vcJwKl Whyin -earmonitorsarebetterthanstagewedges: Thereare 10reasonsfor why in -ear monitorsare betterand healthierfortheartist. Pleaseseethislink: https://www.shure.com/en-US/performance-production/louder/10- reasons-why-in-ear-monitors-are-better-than-wedges
There is only one advantage that stage wedges have over in -ear monitor systems - They are less expensive to deploy.

All floorboxesshallincludetwo audiooutputseach. Shouldthetheaterneedto usea wedgeinfuture (Highly unlikely) MatrixAV hasincludedtheconnectionpointsinthis proposal.

7. As requestedwe areincludinganAssistiveListeningSystemfor450patrons.

Productlink: https://bit.ly/3WyXktV

8. Onecontrolsystemprocessorby Crestronwithone22" monitorandpreviewwindowprogrammedinthe system. Theabilityto sendanysourceto anyor alldestinationsshallbe programmed. Thetouchscreenshall includea videowindowto previewthecontentbeforesharingwithotherdestinations.

9. Six4Kcamerasdistributedstrategicallythroughoutthevenuefor propercoverageof theaudienceandstage.

Thesystemshallinclude4K professionalgradeproductionswitcherincludingjoystickcontrol.

Product link:
4K Cameras: https://bit.ly/3WOyenb
CameraController - http://bit.ly/3Xm5lTq
4K BroadcastSwitcher: https://bit.ly/3ZvlZ2g
SwitcherControlPanel: https://bit.ly/3XohRBH
4K Monitors: https://bit.ly/3ZtCVJ4
SmartDuoScope: https://bit.ly/3X7jSTk
83 DocuSign Envelope ID: EF397029- 9BO3- 4FF5- BOOE- AE5C53988B7C

LOCATION DETAILS
HyperDeckExtreme: https://bit.ly/3QBcoWb
HyperDeckExtremeController: https://bit.ly/3iBGxrW
32" Multi -ViewMonitor: https://bit.ly/3wlg8Xz
Audio: Refer To Exhibit B
Theceilingshallincludethefrontleft, center, rightdualcabinetclusterstworearfill loudspeakersystemwith programmeddelay.

Linkto left, centerrightloudspeaker: https://bit.ly/3hwS9vS Link to the sub woofer: https://bit.ly/3HOWYez
Linkto rearfills: https://bit.ly/3v3e28Y
In -Ear Personal Mixer:

AllenandHeathin earpersonalmixerfor theartiststo controltheirpersonalmix.

Productlink: https://bit.ly/3VbPTYH
Audio: Refer To Exhibit B
Theceilingshallincludethefrontleft, center, rightdualcabinetclusterstworearfill loudspeakersystemwith programmeddelay.

Linkto left, centerrightloudspeaker: https://bit.ly/3hwS9vS Linkto thesubwoofer: https://bit.ly/3HOWYez
Linkto rearfills: https://bit.ly/3v3e28Y
In -Ear Personal Mixer:

AllenandHeathin earpersonalmixerfor theartiststo controltheirpersonalmix.

Productlink: https://bit.ly/3VbPTYH
Audio: Refer To Exhibit B
Theceilingshallincludethefrontleft, center, rightdualcabinetclusterstworearfill loudspeakersystemwith programmed delay.

Linkto left, centerrightloudspeaker: https://bit.ly/3hwS9vS Linkto thesubwoofer: https://bit.ly/3HOWYez
Linkto rearfills: https://bit.ly/3v3e28Y
In -Ear Personal Mixer:

AllenandHeathin earpersonalmixerfor theartiststo controltheirpersonalmix.

Productlink: https://bit.ly/3VbPTYH
84 DocuSign Envelope ID: EF397029- 9BO3- 4FF5- BOOE- AE5C53988B7C

LOCATION DETAILS
LStage Above
ChauvetCycloramafixtures: EightCycloramafixturesforthestageto providea homogeneousfieldof lightwith significantreach. Itssleeklowprofileblendsdiscreetlyintostagesetsas eithera cycwashorfootlightandpairs perfectlywiththeCYC1 FCto easilyextendcoveragewithseamlessconsistencyin interchangeable configurations. Completelyconvectioncooled, theunitis idealfor applicationswheresilentoperationis critical.

Productlink: https://www.chauvetprofessional.com/products/ovation-cyc-3-fc/ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIILStageUnder
Sub woofers:

Removetheexisting (4) subwoofersandreplacethemwithtwo Bosesub -woofers.

Stage Floor Boxes:

Thestagefloorhas (5) floorboxes. Ourproposalincludesremovingtheexistingplatesandinstallingtwoaudio inputsandtwoaudiooutputsperfloorbox (Totalof 5 dual1/0). Additionally, eachfloorboxshallretainthe existingelectricalconnectionsandshallincludeincludeonenetworkconnectionto theAV system.

Productlink: https://bit.ly/3jpONgs
Lighting: Referto ExhibitA

1. Theceilingshallinclude (20) ChauvetOvationReveE3lightengineswith26 degreeOvationEllipsoidalHD lenstubespointingto thestagereplacingDandE. Productlink: https://bit.ly/3hFhllO

2. Abovethestageto wardsfrontandrearMatrixAV is including (20) OvationP-56FCwithlenses. ReplacingC and B. Productlink: https://bit.ly/3FH7SQJ

3. TenChauvetMaverickForceS Profilemovingfixturesdistributedintheceiling. Productlink:
http://bit.ly/3jfDOnY

4. MatrixAV is alsoincluding (32) ChauvetOvationB-565FCthatprovidemoodlightingwithdifferentcolorsover thefloorarea. ReplacingF, G, H, I, J, and K. Productlink: https://bit.ly/3YNh3rV

5. MatrixAV is alsoincluding (14) COLORadoBattenQ15aswallwashersreplacingtheexistingwallwashers.

Noletterson ExhibitA butdenotedin magentarectangles. Productlink: https://bit.ly/3CazQUn

6. Includedinthis proposalwe arereplacingtheborderlightsA with (8) OvationCYC3FCCycloRamasystems.

ReplacingA. Productlink: https://bit.ly/3ViNXOA

7. A MagicQMQ70compactconsoleto controlthelightingsystemincludingprogramming. Productlink:
https://bit.ly/3YEhBzZ
LBar
Intercom System:

As requested, MatrixAV is includingonewall -mountedintercomsystem.

Productlink: https://bit.ly/3YzAyUw
85 DocuSign Envelope ID: EF397029- 9BO3- 4FF5- BOOE- AE5C53988B7C

LOCATION DETAILS
L a Left)
MatrixAVshallremovealltheequipmentfromtheamplifierracksbehindstage. Wewill performa thorough cleaningof the rackcabinetandwill manageall thewiring. Thenewequipmentsuchasthe newprocessorand the amplifiers will be installed.

Boseamplifierlinks: https://bit.ly/3HRWULl
Boseprocessor: Linkto Processor: https://bit.ly/3WgDota Networkswitches: One48 portenterprisemanagednetworkswitch.

Intercom System:

As requestedMatrixAVis includingonewall -mountedClearcomintercomsystem.

Productlink: https://bit.ly/3YzAyUw
CeilingLoudspeaker:

Thekitchendoesnothaveanyceilingmountedloudspeaker. TheRFPdoesnotstatewhetherprogram loudspeaker is needed in this area. Matrix AV has not included a loudspeaker and the associated hardware.

Ticket Booth
CeilingLoudspeaker:

Theticketboothdoesnothaveanyceilingmountedloudspeaker. TheRFPdoesnotstatewhetherprogram loudspeaker is needed in this area. Matrix AV has not included a loudspeaker and the associated hardware.

L Intercom System:

As requestedMatrixAV is includingonewall -mountedClearcomintercomsystem.

Productlink: https://bit.ly/3YzAyUw
Officer
Intercom System:

As requested, MatrixAVis includingonewall -mountedintercomsystem.

Productlink: https://bit.ly/3YzAyUw
CeilingLoudspeaker:

Themanager's officedoesnothaveanyceilingmountedloudspeaker. TheRFPdoesnotstatewhetherprogram loudspeaker is needed in this area. Matrix AV has not included a loudspeaker and the associated hardware.

Lobby
Checkandevaluatetheloudspeakersysteminthisareaandreportanyissuesanda courseof actionfor theCity to review.

Television: MatrixAV as requestedintheRFPis includingone43" televisionwitha decoderto showanyof the foursourcesinthesystem. Including: cameraprogramout, PC, guestPCandoneadditionalinput. 86 DocuSign Envelope ID: EF397029- 9BO3- 4FF5- BOOE- AE5C53988B7C

LOCATION DETAILS
CeilingLoudspeakerSystem:

TheVIProomdoesnothaveanyceiling -mountedloudspeakers. Ourproposalincludes6 ceilingmounted loudspeakers.

Intercom System:

As requested, MatrixAV is includingonewall -mountedintercomsystem.

Television: MatrixAV as requestedintheRFPis includingtwo 75" televisionwithtwodecodersto showanyof thefoursourcesinthesystem. Including: cameraprogramout, PC, guestPCandoneadditionalinput.

IM Green • o,
CeilingLoudspeakerSystem:

TheGreenRoomhasanexistingceiling -mountedloudspeakersystem. MatrixAV hasincludedlaborto testthe systemandreportanyissueswitha solution.

Intercom System:

As requested, MatrixAV is includingonewall -mountedintercomsystem.

Television: MatrixAV as requestedintheRFPis includingone43" andone65" televisionwithonedecoder Each) to showanyof thefoursourcesin thesystem. Including: cameraprogramout, PC, guestPCandone additional input.

LBar
Checkandevaluatetheloudspeakersysteminthisareaandreportanyissuesanda courseof actionfor theCity to review.

Television: MatrixAV as requestedintheRFPis includingone43" andone75" televisionwithonedecoder Each) to showanyof thefoursourcesin thesystem. Including: cameraprogramout, PC, guestPCandone additional input.

LGift Shop
Checkandevaluatetheloudspeakersysteminthisareaandreportanyissuesanda courseof actionfor theCity to review.

Television: MatrixAV as requestedintheRFPis includingone75" televisionwitha decoderto showanyof the foursourcesinthesystem. Including: cameraprogramout, PC, guestPCandoneadditionalinput.

LBathroom
Checkandevaluatetheloudspeakersysteminthisareaandreportanyissuesanda courseof actionfor theCity to review.

LBathroom
Checkandevaluatetheloudspeakersysteminthisareaandreportanyissuesanda courseof actionfor theCity to review.
87 DocuSign Envelope ID: EF397029- 9B03- 4FF5- BOOE- AE5C53988B7C

LOCATION DETAILS
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIILSecondFloor Bathrooms Therearenoceiling -mountedloudspeakersin thisarea. Wedo notanticipatethe needfor a loudspeakersystem inthisarea. Howeverif theCityseestheneed, MatrixAVcanassistin providinga quote.

L.E.
n Envelope ID: EF397029- 9B03- 4FF5- BOOE- AE5C53988B7C Cer­rteir ° rlIjtagG„ ` y".,, IIr"11

MAVD MAT- MISC
1 Demolition Labor: Remove all existing equipment but leave the $ 11, 600. 00 $ 11, 600. 00 equipment rack in place. Remove theatrical lighting fixtures, cabling ( Leave loudspeaker runs in place). Leave floor boxes in place Remove stage wall plates.

This is a labor item ( Non - Taxable) - 5 days 2 technicians = 80 hours
ure -- L
3Ru, 2000 Va Online UPS, 4 Outlet, 20A; On - Line Double- $ 2, 320. 80 $ 9, 283. 20 Conversion UPSTechnology
Su.urgcX 30001_... 01
4 Qp1l:iixnalllSINI IG°° Cniid for Ull1G'S uirniils 1 1„785. 60 Center Stage Theater System Total $ 22, 668. 80
t„ ' f IIIi'Yif
Fi erca les irect. c m FCIDUS35300234
2 OM4 LC LC Fiber Patch Cable I Armored 10OGDuplex 50/ 125 167. 66 335. 32 LSZH Multimode
Liberty ire & Cable -- LS- L
4000 Black Category 6 F/UTP EN series 23 AWG 4 pair Shielded Cable 0. 41 1, 655. 60 Belden 1694A 0101000
2000 75 Ohm SDI Coax, RG- 6, 18 AWG, Solid BC, Foil + 95% TC Braid, 1. 01 2, 029. 00 PVC Jkt, CM R - 1000 Feet
Belden 1694ABHDI
50 CONN, 1PC, RG6 BNC HD - Chrome, Bright 4. 32 216. 00 DocuSign Envelope ID: EF397029- 9B03- 4FF5- BOOE- AE5C53988B7C Liberty Wire & Cable 1--+- H
500 White Extraflex 10 AWG 2 Conductor Heavy Duty Speaker Cable $ 0. 12 $ 60. 50 Liberty ire & Cable 1-- L
2000 Black Commercial Grade General Purpose 12 AWG 4 Conductor $ 1. 23 $ 2, 452. 80 Cable
Cabling Total $ 6, 749. 22
Visionary Solutions uet-
A/ V Encoder, 4K UHD over IP cinema quality ultra -low latency 1, 074. 04 $ 6, 444. 24 visually lossless switch matrix routable, with built- in video wall functionality, Expansion Ethernet Port; POE+; Single Port AES67/ Dante
Visionary Solutions ue- - T- IT
1 A/ V Encoder (Wall Plate), 4K UHD over IP cinema quality ultra- 1, 434. 06 $ 1, 434. 06 low latency visually lossless switch matrix routable, with built- in video wall functionality; POE; AES67/Dante, with Bluetooth Audio
Visionary Solutions X4xOO Rackmount2
Rackmount Kit for up to 3 PacketAVEncoders and/ or Decoders48. 00 $ 96. 00 Video System Total 7, 974.30 Ai,)),
rdh,/o ° ,",IleIlrrri; Clearcom
AC60 2
5- wayDrop -in Batteryand BeltpackCharger 607. 52 1, 215.04 Clearcom I-- 16 1
1 RUIP- BasedCentral Station 11, 335.50 11, 335.50 Clearcom - 1 Universal Beltpack Mounting Kit 49. 14 49. 14 ClearcomCC- 11- Single -
ear PremiumLight - weight Headset 261. 01 2, 349.09 Clearcom FSII- 1-- S FreeSpeak
II 1. 9 GHzWirelessBeltpack 1, 836.07 11, 016.42 Clearcom FSII- TCVR-IP- 19- US 3
FreeSpeak II Transceiver: 1. 9GHz, IP, US for ( 10) FSII-BP19 3, 051.12 9, 153.36 beltpacks.

Requires AES67 CompliantSwitch/
Network. Clearcom
H - 7
HelixNet Speaker Station: 2/ 4Ch, ProgramAudio, Flush Mount 1, 525.50 10, 678.50 with 4 pinXLR-Maleheadset. Powered by PoE, Powerlineor an optional 453GO25/ 6 PSU. Clearcom
S- 6 1
Telephone - style Handset171. 05 171. 05 90
DocuSign Envelope ID: EF397029- 9B03- 4FF5- BOOE- AE5C53988B7C learc HXII- -
The HelixNet HXII- BP beltpack is a two - channel intercom user station hosted by Arcadia® Central Station or HelixNet HMS- 4X( 3) main station.

Audio System: Intercom System Total
D,,J,r1„III o, Syslj,!,, irIn„ M i IIess ;,, IIJejI i! IIhJ,, Sys'li!,',Innii Shure MX1/ - T
Wireless earset microphone, tan, omni, TQG connector
Shure
1 Passive wide band directional antenna
Shure
24 Shure Lithium - Ion Rechargeable Battery
ShureSBC- AX
12 Axient charging module for SB900 rechargeable battery ShureSBRC- US
Battery rack charger
Shure UA221
1 Passive antenna spliter/ combiner kit
Shure
2 Antenna mounting bracket/ bulkhead adapter
Shure UA825
2 UHF Remote antenna extension cable, BNC- BNC, RGBX/ U type, 25 feet
Shure UA874US
Active directional antenna with gain switch, 470- 698 MHz Shure ULXD1=- 5
8 Digital Wireless Bodypack Transmitter with Miniature 4- Pin Connector
Shure ULX / =- 5
Handheld Transmitter with KSM9 Microphone ( Black)
Shure ULX S
Quad Digital Wireless Receiver with Internal Power Supply, 112, Wave Antenna, Rack Mounting Hardware", Frequency G50
Audio System: Wireless Microphone System Total
Bose Professional 7- 11
2 ShowMatch SMS118 DeltaQ Subwoofer
Bose Professional 7- 666
3 Arena Match AM20/ 80 Outdoor Loudspeaker
Bose Professional 794042- 8880
Arena Match AM40/ 100 Outdoor Loudspeaker
981. 04 $ 2, 943. 12
48, 911. 22
210. 69 $ 1, 685. 52
243. 29 $ 243. 29

93. 12 $ 2, 234. 88

96. 62 $ 1, 159. 44
578. 53 $ 1,735. 59
145. 51 $ 145. 51

33. 76 $ 67. 52
329. 43 $ 658. 86
439. 03 $ 3, 512. 24
1, 102. 35 $ 8, 818. 80
4, 995. 10 $ 19, 980. 40
2, 683. 31
3, 183. 73
40, 339. 83
5, 366. 62
9, 551. 19
3, 183. 60 $ 15, 918. 00
91 DocuSign Envelope ID: EF397029- 9B03- 4FF5- BOOE- AE5C53988B7C Bose Professional 71- 11
Arena Match AMMCPLAT module connect plate $ 139. 20 $ 417. 60 Bose Professional - 11
5 Arena Match AMAPLONG Array Plates Long Kit $ 403. 20 $ 2, 016. 00 J L Professional CONTROL 7/ T
6 6.5" 2 way in -ceiling loudspeaker ( pair), 8 ohm $ 216. 30 $ 1, 297. 80 Audio System: Loudspeakers Total $ 34, 567. 21 *
Biamp Systems AMP- 430OR CV
2 Four Channel 70V/ 100V Amplifier 2, 760. 00 $ 5, 520. 00 Bose Professional 343 546- 1110
Powermatch PM8500N Configurable Amplifier Network Model 3, 246. 13 $ 12, 984. 52 120V NA
Bose Professional 77- 11
PowerMatch Amplink 24- Channel Card 141. 61 $ 566. 44
Audio System: Amplifiers Total 19, 070. 96
Biamp Systems - 1
1 64x64 Dante module $ 990. 04 $ 990. 04
lamp Systems S - I
1 Digital audio network server, AVB (Audio Video Bridging) $ 4, 860. 19 $ 4, 860. 19 interface
Bose Professional 817- 111
1 Controlspace EX1280 Processor $ 2, 426. 50 $ 2, 426. 50 Radio Design Labs ( L) -
5 Wall - Mounted Bi- Directional Mic/ Line Dante Interface 4 x 2 $ 641. 85 $ 3, 209. 25 Audio System: DSP Total $ 11, 485. 98 *
dJlflllJ rr!° 0;,,,:Ilf(f„ l/ Ix Cor i° dl e ! J`,
Allen - Heath - LIVE- 0
1 dLive S Class 55000 28 Fader Surface, Dual 12" Touchscreens, 2 $ 30, 704. 26 $ 30, 704. 26 Option 1/0 Port, Hot Swap PSU, 27 Soft Keys
Allen - Heath - T16-
2 16in x 4out Dante audio expander wall box, 100- 230V AC / IEC $ 2, 943. 59 $ 5, 887. 18 or screw terminal blocks / 12V DC power options, 48kHz / 96kHz
Ile - Heath H- T16
16in x Bout Dante audio expander with dLive 96kHz mic $ 2, 250. 77 $ 4, 501. 54 preamps, 48kHz / 96kHz
92 DocuSign Envelope ID: EF397029- 9B03- 4FF5- BOOE- AE5C53988B7C Allen - Heath AH- M- DL- DANTE128
1 Dante 128x128networkingcard, AES67compatible, DDM $ 2, 856.98 $ 2, 856.98 ready, 96kHz/48kHz Allen -
Heath AH- DLIVE-DM32 1
clLive S ClassMixRack32x16 1/ 0, 128x 64FPGA3 Option1/ 0, $13, 545.49 $ 13, 545.49 ME- 1 Port, Dual DX ExpanderLink, Hot SwapP 6 Audio
System: Mix Console & Expanders Total $ 57, 495. 45 Ata.

Ao SysJJ..eii////rrcii////ria11 '1410111Y, 11"J, all, Allen -HeathAH- ME- 1 6 PersonalMonitor
Mixer, 42 channel, 16 scenerecall memories, 779. 38 4, 676. 28 3 band swept midEQ, limiter, PoE powered, includesstandbracket and headphone hook ShureP10R+=- G10
6 Diversity bodypack
receiver for PSM 1000 personalmonitor755. 29 4, 531. 74 systemShure P10T=- G10
3 PSM1000 dual
rack unit transmitter2, 670. 61 8, 011. 83 ShurePA821B
1 Antenna combiner
for PSM wireless systems, 470- 865 MHz 3, 837. 86 3, 837. 86 ShureUA8252 UHF Remote
antenna extensioncable, BNC- BNC, RG8X/ U type, 48. 89 97. 78 25 feet Audio System: In -
Ear Monitor SystemTotal 21, 155. 49 AuffloSysteir-rcri:

Assk" J/. ive Sys' Jter',r'//, r ListenTechnologiesLA- 381- 01 1 Intelligent12-
unit charging tray (NorthAmerica - Type B power 325. 83325. 83 supply) Listen Technologies LA-
401 12 Universalear
speaker 16. 69 200. 28 Listen TechnologiesLA-
430 2 Intelligentear
phone/ neck looplanyard 53. 70 107. 40 Listen TechnologiesLR- 4200- 072 12 Intelligent DSP (
Digital Signal Processing) RF receiver (72 MHz) 159. 64 1, 915. 68 ListenTechnologiesLS- 55- 072 1 ListenIDSP
prime LEVELIII stationaryRF system2, 002.04 2, 002. 04 AudioSystem: Assistive ListeningSystem Total $ 4, 551. 23 * Syslite 11"'
Irrlrl ChiefLTMI
U 5 Largefusion
micro - adjustabletilt wall mount $ 262.67 $ 1, 313. 35 93 DocuSign Envelope ID: EF397029- 9B03- 4FF5- BOOE- AE5C53988B7C Chief MTM 1
Medium fusion micro -adjustable tilt wall display mount $ 167. 59 $ 502. 77 LG Electronics 65UR64OS9UD
1 65" 3840 x 2160 UHD Commercial Lite LED backlit LCD TV, $ 1, 298. 40 $ 1, 298. 40 Black ( Ashed Blue)
The UR640S Series supports Crestron Connected for high
compatibility with professional AV controls to achieve seamless integration and automated control**, boosting business
management efficiency.

LG Electronics 75UR64OS9UD
75" 3840 x 2160 UHD Commercial Lite LED backlit LCD TV, $ 2, 140. 80 $ 8, 563. 20 Black ( Ashed Blue)
The UR640S Series supports Crestron Connected for high
compatibility with professional AV controls to achieve seamless integration and automated control**, boosting business
management efficiency.

Visionary Solutions D41 00
A/ V Decoder, 4K UHD over IP cinema quality ultra -low latency $ 714. 00 $ 6, 426. 00 visually lossless switch matrix routable, with built- in video wall functionality; POE
LG Electronics 43UR64OS9UD
1 43" UR640S Series UHD Signage TV with Slim Depth, LG $ 714. 00 $ 714. 00 SuperSign CMS, and Embedded Content & Group Management
The UR640S Series supports Crestron Connected for high
compatibility with professional AV controls to achieve seamless integration and automated control**, boosting business
management
LG Electronics 43UR64OS9UD
43" UR640S Series UHD Signage TV with Slim Depth, LG $ 714. 00 $ 1, 428. 00 SuperSign CMS, and Embedded Content & Group Management
The UR640S Series supports Crestron Connected for high
compatibility with professional AV controls to achieve seamless integration and automated control**, boosting business
management
Display System Total $ 20, 245. 72 *
l r1I,,Yi' IIfill o /;' Ueir''rn
Crestron ElectronicsDGE- 100
1 Digital Graphics Engine 100 $ 1, 320. 05 $ 1, 320. 05 r* ovid I1...IIf:DIIR... 0
1 11flIDIIfiI 2. 0 Crntr c, 118G, IPrcrrnik. Arn Coirtined , 3ft 8 05 Crestron Electronics
1 4- Series Control System 3, 762. 15 $ 3, 762. 15
FS. COM 15
S 10GBASE- SR SFP+ 850nm Duplex LC MMF Transceiver 24. 00 $ 120. 00 etear - 1 OONA
1 M4250- 40G8XF- PoE+ AV Line Managed Switch 2, 726. 85 $ 2, 726. 85 Notgoa: nir AVI 42481FI 1...1000QtS
AVIlit II ice nse .. IC442.50 40( 38XIII .. I11301 :..d. 8117 68 94 DocuSign Envelope ID: EF397029- 9B03- 4FF5- BOOE- AE5C53988B7C Netgo, anr F,114303' 13 110000S
11 PIrruSLIFI1aORI Onn1: alll 240' 3n, ch S ulullun,n111:.. 111Year Service $ 23.313.1"50 etear - 1 OONA
1 M4250- 40G8XF- PoE+ AV Line Managed Switch $ 2, 726. 85 $ 2, 726. 85 1 10G BASII SIR SI Ill: a 850i n1rn 111u.ulrnllox 11...0 MIMIF IIrabrnscdver $ 24.. 00 IlloIrgroanr V342481lxX..,°' 13.3000S
1 VII'3 llJce n°' e . M4 2.50... 4008XII:.. 11IO3':..u. $ 8117 68 Nnmlh.go,ar IPIM1BB. 313...10BB00S
1 B',bu..nnSB13vP0Fp 'T 31rnCanllll 240' 1'e(; h Su..ululporV:... 1 Yew Service $ 208. 30 Planar PCT2235
1 Helium 22in wide black HID compliant projected capacitive $ 304. 81 $ 304. 81 multi - touch FHD IPS edge - lit LED LCD, USB controller, VGA, HDMI, DP, speakers, Helium stand supporting 15 to 70 tilt range and flat orientation.

K:eubcnrn I
311 fl) 1I4141K 1na:n1dpla tod II31lnanrrnetcaunlbIc, 131II u.42 Visionary Solutions
1 A/ V Decoder, 4K UHD over IP cinema quality ultra -low latency $ 954. 04 $ 954. 04 visually lossless switch matrix routable, with built- in video wall functionality; Expansion Ethernet Port; POE+; Upgradeable to AES67/ Dante
Crestron Electronics T - 77- -
7 in. Wall Mount Touch Screen, Black Smooth $ 1, 188. 00 $ 2, 376. 00 et ear S OONAS
1 40x1G PoE++ 2, 880W and 8xSFP+ Managed Switch ( Americas) $ 4, 567. 49 $ 4, 567. 49 Netgeanlr AV 3424181FIX...' 1013130S
1 AVII3 II icern nay I 40GBX11 . II::)01 :..u. 817 68
11,4c °g ear° F)IMl 303113..1333300S
1 PirrbSV31aP1DIF31f33rnCanllll 24x7 11on,1nSu.u3ulpoirl1 11Year Service„ a213830 Control System Total $ 21, 971. 65
IIt e f, ° noofu!;, I1, IIoIII , , ,,c f f' % i lif1,,, o ri G,, IIJII IIeIISys Il,:eIIr, PanasonicAW- 111131 S0GJ5 1 Touchscreen
Remote Camera Controller $ 4, 554. 00 $4, 554. 00 Panasonic -15J 6 UHD
4K 20x PTZ Camera (Black) $10, 680. 00 $64, 080. 00 Video Production:

Camera and Controller SystemTotal $ 68, 634. 00 * Mr,,;,, r„ ° Godu, JcIl, IIicyIIr„ ° /2 k„%,, oIIIIof ;,',; ridbf,;II o! VisionarySolutions X4xOO Rackmount1 Rackmount
Kit for up to 3 PacketAVEncodersand/ or Decoders $48.00 $ 48. 00 lacmaicDesign CONVMSDIDA 1 Mini
converter - Single SDI to 8 SDI $163.15 $ 163. 15 95
DocuSign Envelope ID: EF397029- 9B03- 4FF5- BOOE- AE5C53988B7C lackmagic Design CONVMSYNC
1 Mini converter - Sync Generator 212. 59 212. 59
BlackmagicDesign CONVNTRM/AA/ SDIH TERANEX
MINI - SDI TO HDMI12G Converter - 12G- SDI to 538. 90 1, 616.70 HDMI Blackmagic
Design CONVNTRM/AB/ HSDI 2 Teranex
Mini converter - HDMI to SDI 12G538. 92 1, 077. 84lackmagicDesign HDL- AUDMONlRU12G1 Audio
Monitor 12G 1, 221. 221, 221. 22lackmagicDesign
HDL- SMTV4Kl2G22 Professional
TFT LCD monitor, 1 SH', 3840x 2160 native1, 250. 882, 501. 76resolutionlackmagic Design
HDL- SMTWSCOPEDU04K21 SmartScope
Duo 4K 875. 12 875. 12 lackmagicDesign
1 ATEM
4 M/ E BroadcastStudio4K - 4K Studio Broadcast6, 471. 956, 471. 95SwitcherBlackmagic Design
SWPANELADVlME101 ATEM 1
M/ E AdvancedPanel10 - Controller 3, 041. 53 3, 041. 53 lacmais Design VHUBSMARTE12G40401 Smart Videohub
12G 40x40 - Advanced 12G- SDI router 4, 939. 25 4, 939. 25 supportsall SD, HD andUltra HD SDI video formatssimultaneously. Includesspin knob or push buttoncontrol, LCD monitoringand Ethernet
router control. ienic 6 - 1
75" Display,
3840 x 2160 Resolution, 350cd/ m2 Brightness955.39 955. 39 Visionary Solutionsuet- 2 A/ V
Encoder, 4KUHDover IP cinemaqualityultra -low latency 1, 074.04 2, 148. 08 visuallylosslessswitch matrix routable, with built- in videowall functionality, ExpansionEthernet Port; POE+; Single Port AES67/Dante Video
Production: Switching &
Routing Total 25, 272. 58 Ilf r,,, f °
I; l1i D„ 11!;,I1„ Ilrllr, °ecoil"'„f r1( q & f,,,i' V„ IIIa;9 lackmagicDesignBDLKWEBPTR4K 1 Web Presenter
4K Ultra HD LiveStreamingEncoder $667. 47 $ 667. 47 Blackmagic Design /T 1 HyperDeckExtreme 4K
HDR $ 2, 961. 46 $2, 961.46 Rackvmaggilr: Il Dra : m1D
in IIIIY111111:IFDIID/ IGS I EXIRIIK1 H11ypev Deck
Extv erneRack IKiit "" 245. 7 6. as r rx.
1 II'': XKnD; n" G0011° B 1 11111IG s„
sent: iiall Cfast2,0 IlAeiiwy Card 627.38 lackmagicDesign HYPERD/RSTEXCTR 1 HyperDeckExtreme Control $
1, 280. 55 $ 1, 280.55 lackmagic DesignHYPERD/RSTEXRMK
1 HyperDeckExtreme Rack
Kit $ 245. 97 $ 245. 97 96
DocuSign Envelope ID: EF397029- 9B03- 4FF5- BOOE- AE5C53988B7C Video Production: Recording & Webcasting Total .

Chauvet Professional SC7
125 Safety Cable $ 9. 30 $ 1, 162. 50
Rockville 12- RDXSM5
6 5' 5-Pin Male -Female DMX Lighting Cables $ 107. 94 $ 647. 64 Trusst CTC- 50HCBLK
125 Half - Coupler $ 42. 00 $ 5, 250. 00
Lighting System Total $ 7, 060. 14 *
IIg cU,; ° AUJd11e11ce
Chauvet Professional OVATION B- 565FC
32 Ovation B-565FC Includes: powerCON Power Cord, Color $ 990. 04 $ 31, 681. 28 Blending Filter Control: 3- pin DMX, 5-pin DMX, ArtNet, sACN, N ET)
Lighting System: House Light - Audience Total $ 31, 681. 28 * D„ I r , I,'I, ' J, 1, / „ I IIII ,', s Ihrl
Chauvet Professional COLORado Batten Q1
14 COLORado Batten Q15 Includes: Includes: IP PowerKon Power $ 1, 404. 06 $ 19, 656. 84 Cord, Floor Bracket, Glare Shield Control: 5- pin DMX, Artnet, sACN
Lighting System: House Light - Wall Wash Total $ 19, 656. 84 I1j1., ,, G S A"' Vl" Iq ( 1), s co 11i
Chauvet Professional MAVERICK FORCE S PROFILE
10 Maverick Force S Profile Includes: IP powerKON Power Cord, $ 4, 740. 19 $ 47, 401. 90 2pc Omega Brackets Control: 3-pin DMX, 5-pin DMX, ArtNet, sACN, WDMX ( NET)
Chauvet Professional OHDLENS26
0 Ovation Ellipsoidal HD Lens Tube - 26 Degree $ 252. 00 $ 5, 040. 00 Chauvet Professional OVATION P- 56FC
0 Ovation P- 56FC Includes: Medium, and Wide Lenses, $ 1,056. 04 $ 21, 120. 80 powerCON Power Cord, Control: 3- pin DMX, 5- pin DMX ( NET) Chauvet Professional OVATION REVE
0 Ovation Reve E-3lncludes: Light Engine Only, IP PowerKON $ 2, 010. 00 $ 40, 200. 00 Power Cord - NO LENSTUBE Control: 3- pin DMX, 5- pin DMX N ET)
97 DocuSign Envelope ID: EF397029- 9B03- 4FF5- BOOE- AE5C53988B7C Lighting System: Stage Lights - Color LED Total 113, 7. 7 19 "`Yii 1111 // 5 SiJ, , g %„ / i, 11 „AIaii fifi ;,,
Chauvet Professional Ovation CYC 3FC
Low -profile and lightweight cyclorama wash or footlight fixture, in a 1m length. Display a full spectrum of hues with RGBAL LEDsfor theatre, film, and production. Theatre -ready with 16- bit dimming of master dimmer and individual colors.

Lighting System: Stage - Cyclorama Total
II °' IIf i IIII ' II ° 1,1 f 1/ %f, II °/( IX II l
auvet DJ DATA STREAM
Universal DMX- 512 optical splitter designed to distribute the incoming DMX signal, in daisy chain configurations, into four separate outputs with an additional " thru" port.

ETC Road Hog - 1
1 RoadHog lighting control console in carton, USpower cable What' s included:

One dimmable white/ blue desk light
Two USBflash drives for show storage and console recovery Capture Lighting Design Software, Duet
Dust cover
Lighting System: Lighting Board & DMX Expanders Total
1, 800. 07 $ 14, 400. 56
1, 0. 56 *
180. 61 $ 361. 22
13, 342. 50 $ 13, 342. 50
1, 7. 7 *
98 Subtotals do not include Tax, Shipping and Misc. charges. Refer to project summary i
DocuSign Envelope ID: EF397029- 9B03- 4FF5- BOOE- AE5C53988B7C Project Summary
Equipment:

Miscellaneous:

Sales Tax:

Electronic Waste Fee:

Shipping:

Labor:

Grand Total:

Spslles tax us c::allsLullated Ilmsa:?d oux Lhe ( Iuunren salles tax and of its subject to xhauxge Inital Deposit
Progress Payment - 50% progress
Progress Payment - 80% progress
Final Payment
617, 387. 68
18, 173. 69
48, 357. 00

80. 00
12, 116. 00
239, 069. 50
935, 183. 87
Service Level A reement Amount
MAVD - L . SILVER
1 Silver SLA - Includes quarterly maintenance, cleaning, projector filter $ 11, 760. 00 cleaning, checking all wires and connectors are snug, confirmation of system operation, performing major firmware updates, Minor repairs.

See our extended service level agreement detail. Period of performance:

One Year.

Grand Total: Price includes SLA 935, 183. 87
99 DocuSign Envelope ID: EF397029- 9B03- 4FF5- BOOE- AE5C53988B7C EXHIBIT " B"

DELIVERY SCHEDULE

TIMELINE
Task Label Description Start End Resources
Construction
Equipment order
Vendor orders,
receives and configures
e ui ment offsite
February 2023 February 2023 Vendor
Installation
Demo and installation
of equipment
6/ 1/ 23 * 6/ 22/ 23 * Vendor / City
Configuration/ Test Test functionality 6/ 1/ 23 * 6/ 22/ 23 * City Punch list Fix problems 6/ 26/ 23 * 6/ 30/ 23 * Vendor / City Completion/ Acceptance
Final approval and
payment
6/ 30/ 22 6/ 30/ 22 City
Note: The facility is going through major renovations. Contractorwill have accessto the facility Monday through Friday from 7 a.m. to 6 p.m.

PAYMENT SCHEDULE
Payments will be made based on performance and deliverables. The following schedule of payments is anticipated:

Hardware and Equipment
Contract Execution 25%
Proof of Order 25%
Delivery ( to Vendor for preparation) 25%
Insta ] lation l 0%
Acceptance ( Retention Amount) 15%
Professional Services
Monthly Invoices ( must include details of
work started/in progress, completed and
by whom)
85%
Acceptance ( Retention Amount) 15%
DocuSign Envelope ID: EF397029- 9BO3- 4FF5- BODE- AE5C53988B7C EXHIBIT " C"

FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, the Contractor shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit.

1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 — CONTRACT PROVISIONS FOR NON- FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS ( 2 C. F. R. § 200. 327)
a) Appendix II to Part 200 ( A); Appendix 11 to Part 200 ( B): Remedies for Breach, Termination for Cause/ Convenience. The Agreement includes remedies for breach and termination for cause and convenience.
b) Appendix II to Part 200 ( C) — Equal Employment Opportunity Except as otherwise provided under 41 C.F.R. Part 60, if this Agreement meets the definition of a " federally assisted construction contract" in 41 C. F. R. § 60- 1.3, then Contractor shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled " Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 C. F. R. Chapter 60:
i) The Contractor will not discriminate against any employee or applicant for employment becauseof race, color, religion, sex, sexual orientation, gender identity, or national origin.

The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
iii) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.

This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants asa part of such employee's essentialjob functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistentwith the Contractor'slegal duty to furnish information. iv) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreementor other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this DocuSign Envelope ID: EF397029- 9B03- 4FF5- BOOE- AE5C53988B7C section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v) The Contractor will comply with all provisions of Executive Order 11246 of September24, 1965, and of the rules, regulations, andrelevant orders of the Secretaryof Labor. vi) The Contractor will furnish all information and reports required by Executive Order 11246 of September24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit accessto his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vii) In the event of the Contractor' s noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspendedin whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assistedconstruction contracts in accordance with procedures authorized in Executive Order 11246 of September24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii) The Contractor will include the portion of the sentenceimmediately preceding paragraph ( i) and the provisions of paragraphs ( i) through ( vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issuedpursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agreesthat it will be bound by the above equal opportunity clausewith respect to its own employment practices when it participates in federally assistedconstruction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which doesnot participate in work on or under the Agreement.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assistthe administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part 11, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any DocuSign Envelope ID: EF397029- 9B03- 4FF5- BODE- AE5C53988B7C or all of the following actions: Cancel, terminate, or suspendin whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
c) Appendix II to Part 200 ( D) — Davis - Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF.
d) Appendix II to Part 200 ( D) — Copeland " Antti- Kickback" Act: Not applicable to this Agreement since it is funded by CSLFRF.
e) Appendix II to Part 200 Q — Contract Work Hours and Safety StandardsAct:
i) If this Agreement is in excess of $ 100, 000 and involves the employment of mechanics or laborers, Contractor shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations ( 29 C. F. R. Part 5). Under 40 U. S. C. 3702, each contractor must be required to compute the wagesof every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excessof the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U. S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
ii) Overtime Requirements. No contractor or subcontractor contracting for any part of the Agreement work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
iii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph ( ii) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States ( in the case of work done under contract for the District of Columbia or a territory, to such District or to suchterritory), for liquidated damages. Such liquidated damagesshall be computed with respectto eachindividual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $ 10 for each calendar day on which such individual was required or permitted to work in excessof the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph ( ii) of this section.
iv) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause setforth in paragraph (iii) of this section.

DocuSign Envelope ID: EF397029- 9BO3- 4FF5- BODE- AE5C53988B7C v) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph ( ii) through ( v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs ii) through ( v) of this Section.
f) Appendix 11 to Part 200 ( F) — Rights to Inventions Made Under a Contract or Agreement:
i) If the Federal award meetsthe definition of " funding agreement" under 37 C. F. R. § 401. 2( a) and the non -Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that " funding agreement," the non - Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by the Federal awarding agency.
ii) The regulation at 37 C. F. R. § 401. 2( a) currently defines " funding agreement" as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. g) Appendix II to Part 200 ( G) — Clean Air Act and Federal Water Pollution Control Act: If this Agreement is in excess of $ 150,000, Contractor shall comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act ( 42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended ( 33 U. S. C. 1251- 1387). i) Pursuant to the Clean Air Act, ( 1) Contractor agrees to comply with all applicable standards, orders or regulations issuedpursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., ( 2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report eachviolation as required to assurenotification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and ( 3) Contractor agrees to include theserequirements in eachsubcontract exceeding $150,000. ii) Pursuant to the Federal Water Pollution Control Act, ( 1) Contractor agrees to comply with all applicable standards, orders or regulations issuedpursuant to the Federal Water Pollution Control Act, as amended, 33 U. S.C. 1251 et seq., ( 2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agreesto include these requirements in each subcontract exceeding 150, 000.
h) Appendix 11 to Part 200 ( H) — Debarment and Suspension: A contract award ( see 2 C. F. R. 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management ( SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 ( 3 C.F.R. part 1986 Comp., p. 189) and 12689 ( 3 C.F.R. part 1989 Comp., p. 235), Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or DocuSign Envelope ID: EF397029- 9B03- 4FF5- BOOE- AE5C53988B7C otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F. R. pt. 3000. As such Contractor is required to verify that none of the Contractor, its principals defined at 2 C. F. R. § 180. 995), or its affiliates ( defined at 2 C. F. R. § 180. 905) are excluded ( defined at 2 C. F. R. § 180. 940) or disqualified ( defined at 2 C. F. R. § 180. 935). ii) Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
iii) This certification is a material representation of fact relied upon by City. If it is later determined that Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F. R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspensionand/or debarment. iv) Contractor warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Contractor also agrees to verify that all subcontractors perforining work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Contractor further agrees to notify the City in writing immediately if Contractor or its subcontractors are not in compliance during the term of this Agreement.
i) Appendix 11 to Part 200 ( I) — Byrd Anti - Lobbying Act: If this Agreement is in excess of 100,000, Contractor shall have submitted and filed the required certification pursuant to the Byrd Anti - Lobbying Amendment ( 31 U. S.C. § 1353). If at any time during the Agreement term funding exceeds 100,000.00, Contractor shall file with the City the Federal Standard Form LLL titled " Disclosure Form to Report Lobbying." Contractors that apply or bid for an award exceeding $ 100, 000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congressin connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification( s) to the awarding agency. 0) Appendix II to Part 200 ( J) — § 200. 323 Procurement of Recovered Materials:
i) Contractor shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency ( EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $ 10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement.
ii) In the performance of this Contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired: Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or at a reasonable price.

DocuSign Envelope ID: EF397029- 9BO3- 4FF5- BOOE- AE5C53988B7C iii) Information about this requirement, along with the list of EPA -designateitems, is available at EPA' s Comprehensive Procurement Guidelines web site, https://www. epa.gov/smm/comprehensive-procurement-guideline-camprogram. iv) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act."
k) Appendix II to Part 200 ( K) — § 200. 216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
i) Contractor shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115- 232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation ( or any subsidiary or affiliate of such entities). 1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
2) Telecommunications or video surveillance services provided by such entities or using such equipment.
3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connectedto, the government of a covered foreign country. ii) See Public Law 115- 232, section 889 for additional information. 1) Appendix Il to Part 200 ( L) — § 200. 322 Domestic Preferences for Procurement:
i) Contractor shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts
ii) For purposesof this section:
1) " Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stagethrough the application of coatings, occurred in the United States.
2) " Manufactured products" means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer - based products such as polyvinyl chloride pipe; aggregatessuch as concrete; glass, including optical fiber; and lumber.

DocuSign Envelope ID: EF397029- 9BO3- 4FF5- BODE- AE5C53988B7C

2. COMPLIANCE WITH U. S. DEPARTMENT OF THE TREASURY CORONAVIRUS

STATE AND LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS a) Maintenance of and Access to Records. Contractor shall maintain records and financial documents sufficient to evidence compliance with section 603( c) of ARPA, Treasury' s regulations implementing that section, and guidance issuedby Treasury regarding the foregoing. Contractor agreesto provide the CITY, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representativesaccessto any books, documents, papers, andrecords (electronic an otherwise) of the Contractor which are directly pertinent to this Agreement for the purposesof conducting audits or other investigations. Records shall be maintained by Contractor for a period of five ( 5) years after completion of the project.
b) Compliance with Federal Regulations. Contractor agrees to comply with the requirements of section 603 of ARPA, regulations adopted by Treasury pursuant to section 603(f) of ARPA, and guidance issued by Treasury regarding the foregoing. Contractor also agreesto comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following:
1) Universal Identifier and System for Award Management ( SAM), 2 C. F. R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions ( contracts and subcontracts described in 2 C. F. R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. v) Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. vi) New Restrictions on Lobbying, 31 C.F.R. Part 21.
vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U. S. C. §§ 4601- 4655) and implementing regulations.
c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination.

Contractor agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following:
i) Title VI of the Civil Rights Act of 1964 ( 42 U. S. C. §§ 2000d et seq.) and Treasury' s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 ( 42 U. S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability.

DocuSign Envelope ID: EF397029- 9B03- 4FF5- BOOE- AE5C53988B7C iii) Section 504 of the Rehabilitation Act of 1973, as amended ( 29 U. S. C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
iv) The Age Discrimination Act of 1975, as amended ( 42 U. S. C. §§ 6101 et seq.), and Treasury' s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of agein programs or activities receiving federal financial assistance. v) Title 11 of the Americans with Disabilities Act of 1990, as amended ( 42 U. S. C. 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
d) False Statements. Contractor understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. e) Hatch Act. If Contractor is a public agency, Contractor agreesto comply, as applicable, with the requirements of the Hatch Act ( 5 U. S. C. section 1501- 1508 and 7324- 7328), which limit certain political activities of State or local government employeeswhose principal employment is in connection with an activity financed in whole or in part by this federal assistance. f) Protections for Whistleblowers.
i) In accordance with 41 U. S. C. § 4712, Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract ( including the competition for or negotiation of a contract) or grant.
ii) The list of persons and entities referenced in the paragraph above includes the following:
management;
enforcement agency;
1) A member of Congress or a representative of a committee of Congress; 2) An Inspector General;
3) The Government Accountability Office;
4) A Treasury employee responsible for contract or grant oversight or 5) An authorized official of the Department of Justice or other law 6) A court or grandjury; or
7) A management official or other employee of Contractor, or a subcontractor who has the responsibility to investigate, discover, or addressmisconduct.

DocuSign Envelope ID: EF397029- 9B03- 4FF5- BOOE- AE5C53988B7C g) Increasing SeatBelt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 ( Apr. 18, 1997), Contractor is encouraged to adopt and enforce on- the-job seat belt policies and programs for their employees when operating company - owned, rented or personally owned vehicles, and encourage its subcontractors to do the same
h) Reducing Text Messaging While Driving_ Pursuant to Executive Order 13513, 74 FR 51225 ( Oct. 6, 2009), Contractor should encourage its employees and subcontractors to adopt and enforce policies that ban text messagingwhile driving, and Contractor should establish workplace safety policies to decreaseaccidents causedby distracted drivers.
i) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987provides that the provisions of this assuranceapply to the Contract, including, but not limited to, the following:
i) Contractor ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United Stateson the ground of race, color, or national origin ( 42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.
ii) Contractor acknowledges that Executive Order 13166, " Improving Access to Services for Persons with Limited English Proficiency ( LEP)," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Contractor understands that the denial of access to persons to its programs, services and activities becauseof their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Contractor shall initiate reasonable steps, or comply with Treasury' s directives, to ensure meaningful access to its programs, services and activities to LEP persons. Contractor understands and agrees that meaningful access may entail providing language assistanceservices, including oral interpretation and written translation where necessary to ensure effective communication in the Project. iii) Contractor agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, pleasevisit http://www. lep.gov.
iv) Contractor acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistanceand is binding upon Contractor and Contractor' s successors, transfereesand assigneesfor the period in which such assistanceis provided. v) Contractor agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Contractor and the Contractor' s subcontractors, successors, transferees and assignees:

The subcontractor, successor, transferee and assigneeshall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excludingfrom a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin ( 42 U.S. C. § 2000d et seq.), as implemented by Department of' the Treasury Title VI regulations, 31 CFR Part 22, which are herein DocuSign Envelope ID: EF397029- 9B03- 4FF5- BOOE- AE5C53988B7C incorporated by reference and madea part of this contract ( or agreement). Title VI also extends protection to persons with ` Limited English proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and madeapart of this contract (or agreement).
vi) Contractor understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Contractor, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Contractor for the period during which it retains ownership or possession of the property.
vii) Contractor shall cooperatein any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Contractor shall comply with information requests, on -site compliance reviews, and reporting requirements.
viii) Contractor shall maintain a complaint log and inform the Department of the Treasury of any accusationsof discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Contractor must also inform the Department of the Treasury if Contractor has received no complaints under Title VI.
ix) Contractor must provide documentation of an administrative agency's or court' s findings of non- compliance of Title VI and efforts to address the non- compliance, including any voluntary compliance or other agreementsbetween the Contractor and the administrative agency that made the finding. If the Contractor settlesa caseor matter alleging such discrimination, Contractor must provide documentation of the settlement. If Contractor has not been the subject of any court or administrative agencyfinding of discrimination, please so state. x) If Contractor makes sub -awards to other agencies or other entities, Contractor is responsible for assuring that sub -recipients also comply with Title VI and all of the applicable authorities covered in this assurance.

3. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN' S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS ( 2 C. F. R. § 200. 321) a) Contractor shall be subject to 2 C. F. R. § 200. 321 and will take affirmative steps to assure that minority firms, women' s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.
b) Affirmative steps shall include:

DocuSign Envelope ID: EF397029- 9BO3- 4FF5- BOOE- AE5C53988B7C i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
ii) Assuring that small and minority businesses, and women's business enterprises are solicited wheneverthey arepotential sources;
iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women'sbusinessenterprises; and v) Using the services/ assistance of the Small Business Administration ( SBA), and the Minority BusinessDevelopmentAgency (MBDA) of the Departmentof Commerce.

Contractor shall submit evidence of compliance with the foregoing affirmative steps when requestedby the City.

DocuSign Envelope ID: EF397029- 9B03- 4FF5- BOOE- AE5C53988B7C 8353 Sierra Avenue
City of Fontana
Fontana, CA92335
Action Report
City Council Meeting
File #: 21- 1945 Agenda Date: 1/ 24/ 2023
Agenda #: G. Category: Consent Calendar
FROM:

Innovation & Technology
SUBJECT:

Award Center Stage Audio Visual System Update
RECOMMENDATION:

Award bid and authorize the City Manager to execute a contract with Matrix Audio Visual Designs to provide equipment and services to upgrade the audio and video technology located in the Center Stage Theater in the amount of $ 935, 183. 87 and a 6. 5% Contingency in the amount of $ 60,786.96.

COUNCIL GOALS:

Operate in a businesslike manner by creating a memorable customer experience with every interaction.

Operate in a businesslike manner by improving services through the effective use of technology.

Promote economic development by pursuing business attraction, retention, and expansion.

Promote economic development by being business -friendly at all levels and striving to constantly improve the city' s competitiveness.

Practice sound fiscal management by emphasizing capital formation.

Increase citizen involvement by utilizing technology to promote communication and linkages in the community.

Invest in the City' s infrastructure ( streets, sewers, parks, etc.) by maintaining and improving the city' s existing infrastructure.

DISCUSSION:

The City of Fontana will be undertaking an expansive and comprehensive revitalization of Downtown Fontana. The specific geographic area to be targeted includes Upland Ave to the North, Orange Avenue to the South, Mango Ave to the East and Juniper Ave to the West. A significant part of this revitalization effort will be the creation of a sense of space in the area, a reason for people to visit the area and patronize the local businesses. To facilitate the implementation of this revitalization, staff has negotiated an agreement with Red Head Inc. whereby, in conjunction with the company' s professional branding team, the theater will be renovated and remarketed as the region' s premier intimate venue for live music and entertainment.

As part of the renovations to the Center Stage Theater, a new audio visual system is needed to meet City of Fontana Page 1 of 2 Printed on 1/ 19/ 2023
Px %Cr d b.V uqk Nv
76 DocuSign Envelope ID: EF397029- 9B03- 4FF5- BOOE- AE5C53988B7C File #: 21- 1945 Agenda Date: 1/ 24/ 2023
Agenda #: G. Category: Consent Calendar
the operations of the new venue for live music and entertainment. The current system is at end of life and was not designed to meet the needs and demands of the new venue. The analog based equipment has posed significant challenges in the area of operation for staff and outside parties. The system is no longer scalable and needs to be replaced. For this, the city issued an RFP seeking proposals from qualified audio visual contractors to lead renovations for an updated audio video system, lighting, and recording system for the technical aspects of the renovated venue.

Matrix Audio Visual Designs proposal has been selected from the proposals received. The vendor has the most comprehensive and overall best value proposed. The new system will address all audio, video, lighting, and control systems required to upgrade technologies located in the Center Stage Theater.

Proposal Cost
Matrix Audio Visual Design $ 935, 183. 87
EIDIM AV Technology $ 897, 606. 74
Procraft $ 992, 736. 50
FISCAL IMPACT:

Funds are available in Capital Improvement Fund # 601 in the amount of $ 800, 000 and City Technology Fund # 102, Project 02621003- 102 in the amount of $ 200, 000.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 1/ 19/ 2023
p+ )mT: qby R xprirr rr
77 Certificate Of Completion
Envelope Id: EF3970299B034FF5BOOEAE5C53988B7C
Subject: Matrix Purchase Agreement SP- 71- IT- 23
Source Envelope:

Document Pages: 45 Signatures: 9
Certificate Pages: 6 Initials: 1
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: ( UTC- 08: 00) Pacific Time ( US & Canada)
Record Tracking
Status: Original
2/9/2023 105: 49 PM
Signer Events
Jennifer Barcenas
jbarcenas@fontana. org
Jennifer Barcenas
Security Level: Email, Account Authentication
None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Alina Mirakhanian
alina@matrixay. com
President
Matrix Audio Visual Designs, lnc.

Security Level: Email, Account Authentication
None)
Electronic Record and Signature Disclosure:

Accepted: 2/ 10/2023 112:58 PM
ID: dOceb2c1- 45d3- 4ac3- a6e2- 49f288ee7c28
Jennifer Barcenas
jbarcenas@fontana. org
Jennifer Barcenas
Security Level: Email, Account Authentication
None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Ramon Ebert
rebert@fontana. org
Security Level: Email, Account Authentication
None)
Electronic Record and Signature Disclosure:

Accepted: 2/ 15/2023 103: 58 PM
ID: e057e1c6- 844e- 4083- 83d9- a1f2f32f74a7
Holder: Purchasing Office
purchasing@fontana. org
Signature
Completed
Using IP Address: 192. 146. 186. 96
Au" kv' kLat a &
Signature Adoption: Pre - selected Style
Using IP Address: 107. 119. 53. 22
Signed using mobile
LAAW baVY,_" s
Signature Adoption: Pre - selected Style
Using IP Address: 174. 195. 136. 180
Signed using mobile
r0^ 6w Ot * f
Signature Adoption: Pre - selected Style
Using IP Address: 192. 146. 186. 96
Status: Completed
Envelope Originator:

Purchasing Office
8353 Sierra Avenue
Fontana, CA 92335
purchasing@fontana. org
IP Address: 192. 146. 186. 96
Location: DocuSign
Timestamp
Sent: 2/9/2023 106: 05 PM
Viewed: 2/9/2023 106: 07 PM
Signed: 2/9/2023 106: 11 PM
Sent: 2/9/2023 106: 11 PM
Viewed: 2/ 10/2023 112:58 PM
Signed: 2/ 10/2023 101: 01 PM
Sent: 2/ 10/2023 101: 01 PM
Viewed: 2/ 10/2023 101: 36 PM
Signed: 2/ 10/2023 101: 37 PM
Sent: 2/ 10/2023 101: 37 PM
Viewed: 2/ 15/2023 103: 58 PM
Signed: 2/ 15/2023 104: 01 PM
Signer Events Signature Timestamp
Ruben Duran
11 Sent: 2/ 15/2023 104: 01 PM
ruben. duran@bbklaw. com uti VWaU, Viewed: 2/20/ 2023 107: 16 AM Security Level: Email, Account Authentication Signed: 6/6/2023 107: 59 AM None)
Signature Adoption: Pre - selected Style
Using IP Address: 74. 116. 243. 2
Electronic Record and Signature Disclosure:

Accepted: 6/3/2023 109: 25 AM
ID: 38752221- 2d55- 4a77- 9e010- Of462b2043bc
Myletta Tillman Sent: 6/6/ 2023 107: 59 AM
mtillman@fontana. org A r Viewed: 6/6/2023 104: 38 PM
Security Level: Email, Account Authentication Signed: 6/6/2023 104: 38 PM None)
Signature Adoption: Pre - selected Style
Using IP Address: 192. 146. 186. 108
Electronic Record and Signature Disclosure:

Accepted: 6/6/2023 104: 38 PM
ID: 8cf33778- 8e4f- 4677- b 1 34- b48e66724a7d
Rakesha L. Thomas Sent: 6/6/ 2023 104: 38 PM
rthomas@fontana. org ° ajct S a DwiaS Viewed: 6/7/2023 107: 31 AM Director, Human Resources & Risk Mgmt. Signed: 6/7/2023 107: 32 AM City of Fontana
Security Level: Email, Account Authentication
Signature Adoption: Pre - selected Style
None) Using IP Address: 192. 146. 186. 108
Electronic Record and Signature Disclosure:

Accepted: 6/7/2023 107: 31 AM
ID: 56d8aced- 02b6- 4928- 9962- ddd504cac9ac
Sid Lambert
SidD i
Sent: 6/7/2023 107: 32 AM
slambert@fontana. org Viewed: 6/7/2023 107: 35 AM
Purchasing Office Signed: 6/7/2023 107: 35 AM
Paragon Partners Consultants, Inc.

Security Level: Email, Account Authentication
Signature Adoption: Pre - selected Style
None) Using IP Address: 192. 146. 186. 96
Signed using mobile
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Jessica Brown Sent: 6/7/2023 107: 35 AM
jbrown@fontana. org L'SSICafjrbwv, Viewed: 6/ 14/2023 109: 21 AM Chief Financial Officer Signed: 6/ 14/2023 109: 21 AM
Security Level: Email, Account Authentication
None) Signature Adoption: Pre - selected Style
Using IP Address: 174. 205. 33. 91
Signed using mobile
Electronic Record and Signature Disclosure:

Accepted: 6/ 14/2023 109: 21 AM
ID: 94829354- 2306- 4fOd- b888- 90f8814668b7
Matthew C. Ballantyne
p
Sent: 6/ 14/2023 109: 21 AM
mballantyne@fontana. org 1a{{ tt W (. a a n} int Viewed: 6/ 14/2023 109: 25 AM City Manager Signed: 6/ 14/2023 109: 25 AM
Security Level: Email, Account Authentication
None) Signature Adoption: Pre - selected Style
Using IP Address: 192. 146. 186. 96
Electronic Record and Signature Disclosure:

Signer Events Signature Timestamp
Accepted: 6/ 14/2023 109: 25 AM
ID: a412e276- 5b28- 498c- 964f- 1ff3aa8e916f
Germaine McClellan Key Sent: 6/ 14/2023 109: 25 AM
gkey@fontana. orgViewed: 6/ 14/20231 09:57 AMSecurity
Level: Email, AccountAuthenticationSigned: 6/ 14/20231 09:57 AMNone) Signature
Adoption: Pre - selectedStyle Using
IP Address: 107. 201. 246. 59 Signed
using mobileElectronic
Record and SignatureDisclosure: Accepted:
6/ 14/20231 09:57 AMID:
278Of69c-7d82- 4d7e- bdde- 9e9ff83a1252In
PersonSigner Events Signature Timestamp Editor
DeliveryEvents Status Timestamp Agent
DeliveryEvents Status Timestamp Intermediary
Delivery Events Status Timestamp Certified
Delivery Events Status Timestamp Carbon
Copy EventsStatus Timestamp Kathy
Kasinger Sent: 6/ 14/20231 09:57 AMkkasinger@fontana.
org COPED Viewed: 6/ 14/20231 01:11 PMRecords
Coordinator Security
Level: Email, AccountAuthenticationNone)
Electronic
Record and SignatureDisclosure: Accepted:
6/ 5/20231 11:43 AMID:
16c98878-451b- 4c9c- b123- d4263aOc1fOfWitness
Events Signature Timestamp Notary
Events Signature Timestamp Envelope
Summary Events Status Timestamps Envelope
Sent Hashed/ Encrypted 2/ 9/ 20231 06:05 PMCertified
Delivered Security Checked 6/ 14/202309: 57 AM Signing
CompleteSecurity Checked 6/ 14/202309: 57 AM Completed
Security Checked 6/ 14/202309: 57 AM Payment
Events Status Timestamps Electronic
Record and SignatureDisclosure
Electronic Record and Signature Disclosure created on: 2/2/ 2017 106: 54 AM Parties agreed to: Alina Mirakhanian, Ramon Ebert, Ruben Duran, Myletta Tillman, Rakesha L. Thomas, Jessica Brown, Matthew C. Ballantyne, Germaine McClellan

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