Agenda packet — Morgan Hill City Council, April 24, 2024 (part 2 of 4)

DocuSign Envelope ID: 700E261 E-3320-4086-ACD2-B915991 DFD78

12. Confidentlalltv. All data, documents, or other information received by SERVICE PROVIDER from CITY or prepared in connection with SERVICE PROVIDER'S services under this Agreement are deemed confidential and shall not be disclosed to any third party by SERVICE PROVIDER without prior written consent by CITY.

13. Conflict of Interest and Reporting. SERVICE PROVIDER shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement.

14. Notices. All notices shall be personally delivered or mailed, via first class mail to the below listed address. These addresses shall be used for delivery of service of process. Notices shall be effective five (5) days after date of mailing, or upon date of personal delivery.

Address of SERVICE PROVIDER is as follows:

Environmental Systems, Inc.
3353 De La Cruz Blvd.

Santa Clara, CA 95054
Address of CITY is as follows:

Maintenance Manager
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
with a copy to:

City Clerk
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037

15. Licenses, Permits and Fees. SERVICE PROVIDER shall obtain a City of Morgan Hill Business License, all permits and licenses to the extent required by ordinances, codes, and regulations of the federal, state, and local government.

16. Service Provider's Proposal. If applicable, this Agreement shall include SERVICE PROVIDER'S proposal or bid which is incorporated herein. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.

17. Maintenance of Records.

17.1. Maintenance. SERVICE PROVIDER shall prepare, maintain, and preserve all reports and records that may be required by federal, state, and CITY rules and ordinances related to services provided under this Agreement. SERVICE PROVIDER shall maintain records for a period of at least 3 years after receipt of final payment under this Agreement. If any litigation, claim, negotiation, audit exception, or other action relating to this Agreement is pending at the end of the 3-year period, then SERVICE PROVIDER shall retain said records until such action is resolved.

17.2. Access to and Audit of Records. CITY shall have the right to examine, monitor and audit all records, documents, conditions, and activities of SERVICE PROVIDER and its subcontractors related to services under this Agreement. Pursuant to Government Code Section 8546. 7, if this Agreement involves the expenditure of public funds in excess of $10,000, the Parties to this Agreement may be subject, at the request of CITY or as part of any audit of CITY, to the· examination and audit of the State Auditor pertaining to 8 Updated: May 2023

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DocuSign Envelope ID: 700E261 E-3320-4086-AC02-B915991 OFD78 matters connected with the performance of this Agreement for a period of three years after final payment under the Agreement.

17.3. Ownership of Work Product. All documents or other information developed or received by SERVICE PROVIDER for work performed under this Agreement shall be the property of CITY. SERVICE PROVIDER shall provide CITY with copies of these items upon demand or upon termination of this Agreement.

18. Familiarity with Work. By executing this Agreement, SERVICE PROVIDER represents that:
(1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the difficulties and restrictions of the work under this Agreement. Should SERVICE PROVIDER discover any conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY and shall not proceed, except at SERVICE PROVIDER'S risk, until written instructions are received from CITY.

19. Time of Essence. Time is of the essence in the performance of this Agreement.

20. No Assignment. Neither this Agreement nor any portion shall be assigned by SERVICE PROVIDER, without prior written consent of CITY. Any attempted assignment not first approved by CITY shall be void and, at CITY'S option, shall terminate this Agreement effective as of the date of such attempted assignment.

21. Attorney Fees. In any legal action, dispute or arbitration arising out of or relating to this Agreement, the prevailing party shall be entitled to an award of its reasonable attorney fees, costs and expenses incurred.

22. Defense and Indemnification.

22.1. Defense and Indemnification. SERVICE PROVIDER shall, to the fullest extent permitted by law, indemnify, defend and hold harmless CITY, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers ("INDEMNITEES") from and against any and all claims, liabilities, expenses, liens, or damages of any nature, including liability for bodily injury, property damage or personal injury, and including reasonable attorneys' fees and expenses, that arise out of, pertain to, or relate to the performance of this Agreement or the failure to comply with any obligations contained in this Agreement by SERVICE PROVIDER, and/or its agents, officers, employees, subcontractors, or independent contractors ("Cl:.AIM").

22.2. Exceptions. SERVICE PROVIDER is not required to indemnify INDEMNITEES against liability for bodily injury, property damage or personal injury, or any other loss, damage or expense arising from the sole negligence or willful misconduct of CITY.

22.3. Not limited by insurance. The indemnity, defense and hold harmless provisions of this Agreement apply to all CLAIMS alleged against an INDEMNITEE, regardless of whether any insurance policies are applicable. Policy limits do not act as a limitation upon the amount of indemnification or defense to be provided by SERVICE PROVIDER.

22.4. Right to Offset. CITY shall have the right to offset against any compensation due SERVICE PROVIDER under this Agreement any amount due CITY from SERVICE PROVIDER as a result of SERVICE PROVIDER'S failure to pay CITY promptly any indemni�cation arising under this Section (22) and any amount due CITY from SERVICE PROVIDER arising from SERVICE PROVIDER'S failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws. 9 Updated: May 2023

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22.5. Interpretation. This Section shall constitute an agreement or contract of indemnity, incorporating the interpretations under California Civil Code Section 2778. It is expressly understood and agreed that the obligation of SERVICE PROVIDER to indemnify the INDEMNITEE shall be as broad and inclusive as permitted by the laws of the State of California and shall survive termination of this Agreement.

23. Entire Agreement; Modification; Conflicting Provisions. This Agreement constitutes the entire Agreement between the Parties and supersedes any previous agreements, oral or written. This Agreement may be modified or provisions waived only by a subsequent mutual written agreement executed by CITY and SERVICE PROVIDER. If the provisions contained in the main body of this Agreement conflict with any provision contained in an exhibit to this Agreement, the provisions of the main body of this Agreement shall govern and control over any provision contained in an exhibit to this Agreement.

24. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California. This Agreement was entered into and is to be performed in the County of Santa Clara. Any action or dispute arising out of this Agreement shall only be brought in Santa Clara County.

25. Interpretation. This Agreement is a negotiated document and shall be deemed to have been drafted jointly by the Parties, and no rule of construction or interpretation shall apply against any particular Party based on a contention that the Agreement was drafted by one of the Parties including, but not limited to, California Civil Code § 1654, the provisions of which are hereby waived. This Agreement shall be construed and interpreted in a neutral manner.

26. Preservation of Agreement. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.

27. Binding Agreement. Notwithstanding the provisions of Section 20 above, this Agreement shall bind any and all successors in Interest, legal representatives and/or other permitted assignees or transferees of SERVICE PROVIDER in the same manner as if those successors in interest, legal representatives or other permitted assignees or transferees had entered into this Agreement originally.

28. Electronic Signatures. Unless otherwise prohibited by law or CITY policy, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term "electronic copy of a signed contract" refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term "electronically signed contract" means a contract that is executed by applying an electronic signature using technology approved by the CITY.

Ill
Ill
Signatures are on the following page.
10 Updated: May 2023

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DocuSign Envelope ID: 700E261 E-3320-4086-ACD2-B915991 DFD78

29. Authority to Execute. Those individuals who are signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.

IN WITNESS THEREOF, these Parties have executed this Agreement on the day and year shown below.

AS SET FORTH IN CA. CORP. CODE § 313, TWO SIGNATURES ARE REQUIRED FOR CALIFORNIA CORPORATIONS:
(1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; AND (2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER OR ASSISTANT TREASURER. .rty City Clerk
Michelle Bigelow
Print Name
Date: 10/9/2023
APPROVED AS TO FORM:

OocuSigned by:
ti1-1Af).. {;,.rl:ilA. --- �8.)'•e-4 --·---
...

Donald A. Larkin
Print Name
Date: 10/5/2023
422478
Contractor's License Number(s) (ff applicable)
Expiration Date(s) s13112_02_4 ___ _
U:11.egal FO/llls\Consultant Agreements\Clty Maintenance Se,vice Agreemeot.Oocx 11 [f"'""N"'

CITY OF MORGAN HILL
Ju; S014 4 � l Y
40 ...

Christina J. Turner
Print Name
Date: 10/6/2023
ENVIRONMENTAL SYSTEMS, INC.

By: V.L,�;j:::,
V.C. Enfantino - President
Print Name and Title of Signer.

If Corporate: Chairman, President or
Vice President
Date: 9/21/23 ��Z"7---
By:
- Corp. Sec.
rint Name and Title of Signer.

If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer
Date: 9/21/23
1000001175
Contractor's DIR Registration Number(s) (if applicable) Expiration Date(s) -'6/_30_21_02_4 ________ _
Updated: May 2023

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DocuSign Envelope ID: 700E261 E-3320-4086-ACD2-B915991 DFD78

EXHIBIT A

SCOPE OF SERVICES
Contractor will provide full-service HVAC maintenance and repair services and administer the duties and responsibilities set forth in this agreement, In compliance with all applicable laws, regulations, policies and procedures.

The work will Include the provision of a complete maintenance and management program Including, but not limited to the inspection, preventative maintenance, repair, programming and other tasks and services necessary to ensure safe, well maintained HVAC systems providing quality air for City employees and the public. Preventive maintenance and repairs may Include, but not be limited to, rooftop variable air volume cooling units, rooftop cooling/heating package units, exhaust fans and water boilers. The successful vendor will be responsible for providing labor, supervision, materials, equipment, transportation, service and the shop facilities necessary to perform high quality work. Vendor will also be responsible for discarding all used materials.
1: SCOPE OF SERVICE
The Contractor shall provide full-service HVAC maintenance and repair services to City Facilities as outlined in this document. Contractor shall retain professional personnel who have successfully and competently provided municipal facility HVAC maintenance and repair services on projects of similar scope and complexity. It shall be the Contractor's responsibility to develop and Implement a routine maintenance program to effectively maintain, to the satisfaction of the City representative, all aspects of HVAC systems in City defined facilities.

For the purpose of this contract, routine preventative HVAC maintenance shall be defined as scheduled routine Inspection and proactive servicing of HVAC systems so as to facilitate heating/cooling with a minimal downtime. The routine maintenance and all repairs shall be provided In accordance with the highest standards of the industry, skill, workmanship, applicable trade practices, meet warranties and be in conformance with all applicable laws, codes and regulations. The successful Contractor's maintenance program and repairs shall, at a minimum, include but not limited to the specifications outlined herein. 2: SERVICES TO BE PROVIDED
It is the Contractor's responsibility to provide an appropriate level of staffing and provide appropriate tools and vehicles necessary to support all facility HVAC maintenance functions during hours of maintenance and for response after normal working hours. Contractor shall maintain the appropriate CSLB Contractor's license and will comply with all other license, insurance and permit requirements of the City, State and Federal governments, as well as all other requirements of the law. HVAC Preventative Maintenance Specifications as described In Attachment D to the Scope of Services.
3: TERM OF SERVICE
The term of the contract will be from November 1, 2023 through October 31, 2025. The contract may be canceled or any portion thereof at any time during the term of service and such cancellations shall be effective upon giving sixty (60) days written notice. The City, at its option, may renew this contract for up to three, one-year periods, beginning on November 1, 12 Updated: May 2023

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DocuSlgn Envelope ID: 700E261 E-3320-4086-ACD2-B915991 DFD78 2025. This option wlll be exercised only if the Contractor has demonstrated superior performance in the provision of HVAC Maintenance and Repair Services to the City.

Pricing applies to the period of November 1, 2023 to October 31, 2025. If the contract is renewed, the annual maximum increase will be tied to the Consumer Price Index (CPI) not to exceed 5%, and allowed for each subsequent year beginning on November 1, 2025. 4: WORK HOURS
Scheduled maintenance and repairs shall typlcally occur during normal business hours.

Facility business hours are:

Aquatics Center Monday through Friday from 5:00 a.m. to 8:00 p. m., Saturdays from 7:00 a.m. to 12:00 p.m. (summer season to 6:30 p.m.), Sundays 11 :30 a.m. to 6:30 p.m. (summer season only).

Centennial Recreation Center Monday through Friday from 5:00 a.m. to 9:30 p.m., Saturdays from 6:30 a.m. to 5:00 p.m.,
Sundays from 6:30 a.m. to 5:00 p.m.

City Hall Monday through Friday 8:00 a.m. to 5:00 p.m.

Community and Cultural Center Monday through Friday 8:00 a.m. to 5:00 p.m.

Saturday and Sunday 8:00 to 5 :00 p.m.

Community and Cultural Center Building B Monday through Friday 8:00 a.m. to 5:00 p.m.

Friendly Inn Monday through Friday 8:00 a.m. to 5:00 p.m.

Police Department Monday through Friday 8:00 a.m. to 5:30 p.m.

Corporation Yard Monday through Friday 7:00 a.m. to 3:30 p.m.

The Villas Monday through Friday 8:00 a.m. to 5:00 p.m.

Information Services Monday through Friday 8:00 a.m. to 5:00 p.m. 5: SERVICE AVAILABILITY
The Contractor shall have trouble-call service available on a twenty-four hours a day, seven days a week basis with a response time not to exceed the following:

EMERGENCIES ............................ 4-hour response time NON-EMERGENCIES .................. 24-hour response time Time to respond shall start when the City calls the problem into Contractor's designated emergency phone number. Additionally, the Contractor shall provide the ability to respond immediately to situations involving the health and safety of employees and/or the public and the comfort and operational capability of any public meeting space. Routine repairs, service requests or other non-urgent tasks shall be completed by journey level staff within one (1) working day from the date of request by City Representative. Contractor's Inability to respond to emergencies in a timely manner will result in a penalty fee of $100. 13 Updated: May 2023

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DocuSign Envelope ID: 700E261 E-3320-4086-ACD2-B915991 OFD78 6: TROUBLE-CALLJREPAIR SERVICE
Should the City request the Contractor to correct trouble with HVAC equipment between scheduled preventative maintenance service, the City shall be responsible for labor and travel costs associated therewith. Rates shall be firm for the term of the contract.

The City reserves the right to contract with others for trouble calls and repairs. 7: TRAVEL TIME FOR PREVENTATIVE MAINTENANCE
Travel time is included in the Preventative Maintenance Cost as stated In Contractor's "BID SCHEDULE FOR PREVENTATIVE MAINTENANCE FEES INCLUDING TRAVEL TIME". 8: TRAVEL TIME FOR REPAIRS
A flat travel fee of $50 will be charged for all repair visits. 9: BILLABLE WORK
All work beyond and in addition to the scope of the contract shall be considered billable hours and will require that an estimate for that proposed work be provided to the City Representative for consideration and approval prior to work being completed. The Contractor shall not bill for unnecessary repairs, for repairs that were not completed satisfactorily, for repairs that did not fix an identified problem, or for faclllty visits that are made by staff unqualified to complete needed repairs.
10: STAFFING, WORKMANSHIP AND QUALITY LEVEL
The Contractor shall provide a staffing level that will provide the desired level of customer service, program support, and HVAC Maintenance and Repair services at designated City facilities. All work shall be performed by journey level staff directly employed and supervised by the Contractor. The Contractor shall provide management and technical supervision through competent supervisors as required. The Contractor shall be responsible for the skills, methods and actions of all employees, Subcontractors and for all work done. The Contractor shall have the knowledge, ability, and technical expertise to remotely monitor, interpret and troubleshoot problems prior to arriving on site utilizlng Interfaces to any existing or future Energy Management Control System (EMCS), as well as the knowledge, ability, and technical expertise to diagnose and repair components of the EMCS including, but not limited to, sensors, actuators, controllers, man machine Interfaces and logic. 11: MAINTENANCE AND REPAIR LOCATIONS
See Attachment A
12: TOOLS AND EQUIPMENT
The Contractor shall furnish and maintain all equipment necessary for properly servicing and maintaining HVAC systems in City buildings. The City of Morgan Hill reserves the right to inspect equipment to be used to perform services under this contract. Any equipment determined to be in poor condition must be replaced immediately, at the Contractor's expense. 14 Updated: May 2023

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DocuSign Envelope ID: 700E261E-3320-4086-ACD2-8915991OFO78 Failure to provide suitable equipment for carrying out all requirements of this contract may be grounds for termination.
13: PARTS AND MATERIALS
The Contractor shall furnish all parts and materials necessary for properly maintaining and repairing HVAC systems in City buildings. Mark-up on parts and materials may not exceed 10% of Contractor's cost. Invoices must Identify the work performed, cost of labor, parts/materials used, parts/materials cost, and parts/materials mark--up cost. 14: ENERGY MANAGEMENT CONTROL SYSTEM
The Contractor shall Interpret and respond to problems and maintenance issues identified by the energy management control systems (EMCS) in place at the Centennial Recreation Center, Community Center and City Hall building. Systems shall be monitored at least weekly, and more frequently when known Issues are present or reported. The Contractor shall strive to share the knowledge of the EMCS functions, and have the ability to assist City maintenance staff become more aware of the issues/problems that the EMCS may be indicating, thus minimizing unnecessary service calls. The Contractor shall have the knowledge, ability, and technical expertise to remotely monitor, Interpret and troubleshoot problems prior to arriving on site utlllzing interfaces to any existing or future EMCS, as well as the knowledge, ability, and technical expertise to diagnose and repair components of the EMCS including, but not limited to, sensors, actuators, controllers, man machine Interfaces and logic. Existing energy management systems are varied models and manufacturers and are unique to each building.

Contractor must receive authorization from the City Representative before sending staff to respond to EMCS alarms.
15: FIRST SERVICE AT EACH FACILITIY
During the first service at each site the Contractor will make recommendations on repairs or upgrades to systems within 60 days. City Representative will respond to these recommendations within 30 days of receiving them.
16: INSPECTIONS AND REMEDIES
So as to ensure consistent quality of the work being performed, the City Representative will perform periodic Inspections of HVAC systems to ensure compliance with the contract specifications. Inspections may be made by the City at any time to confirm that work performed meets specifications. If corrective work Is required, the City will provide a written list of Items and the Contractor shall correct deficiencies as directed. If deficiencies are not corrected In a timely manner, the City may perform the work using others and deduct the cost from the Contractor's payment.
17: DAMAGES
The Contractor wlll be responsible for all damages to the faclllty or contents caused by Contractor, their staff or subcontractors during the performance of their duties. 15 Updated: May 2023

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DocuSign Envelope ID: 700E261E-3320-4086-ACD2-B915991DFD78 18: SAFETY & SECURITY
The Contractor and staff shall follow all established safety procedures and shall take special care not to endanger the public in any way. The Contractor is responsible for the security of all doors at the conclusion of work In each room. All exterior doors should remain locked at all times. Interior doors that are found open or unlocked shall be left in the same position/condition In which they were found.
19: EMERGENCY SITUATIONS
For medical or public safety emergencies occurring at the Facilities call 9-1-1. For all building maintenance emergencies (water leaks, etc.) contact the Maintenance Manager or designated staff to report the issue Immediately (24-hours/day).
20: REPORTS / INVOICING
All invoices to be submitted with a detailed summary of all work and repairs performed.

Should a repair need to be made over $1,000 a quote will need to be provided to the City maintenance staff before any work can be authorized.
16 Updated: May 2023

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DocuSign Envelope ID: 700E261 E-3320-4086-ACD2-8915991 OFD78

EXHIBIT A-SCOPE OF WORK

ATTACHMENT A

CITY OF MORGAN

HVAC FACILITIES LOCATIONS

HVAC SYSTEMS TO BE MAINTAINED AT THESE LOCATIONS ---

BUILDING/FACILITY ADDRESS SQUARE

FOOTAGE
Aquatics Center (office area) 16200 Condit Road 5,294
Centennial Recreation Center 171 West Edmundson Avenue 54,000 City Hall 17575 Peak Avenue 13,900
Community and Cultural Center, 25,000;
Building B and Playhouse 17000 Monterey Road 12,000;
5,000
Council Chambers 17555 Peak Avenue 12,104
Friendly Inn 17666 Crest Avenue 3,168
Police Department and Information 16200 Vineyard Boulevard 44,886 Services Public Works Corporation Yard 100 Edes Court 4,583
The Villas 535 Alkire Avenue 4,500

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DocuSign Envelope ID: 700E261 E-3320-4086-ACD2-B915991 DFD78

EXHIBIT A-SCOPE OF WORK
ATTACHMENT 8

HVAC EQUIPMENT LIST

CITY OF MORGAN HILL HVAC EQUIPMENT LIST
QTY I MANUFACTUTER I TYPE l MODEl/SIZE
Aquatics Center - 16200 Condit Road
1 Elite Heating Water Boiler El-399NVWH; 399,000 BTU/HR Boiler
IMain Bld1d
1 Trinity Direct Vent Water Model LX200WH
IWest Buildin,zl Heater
1 Carrier Heater/Air 48HJDOOS-651
Conditioner
2 (Events Room) Heater/Air Ductless Units split DX
Conditioner 40QKE048
1 (Kitchen) Air Conditioner
1 (Kitchen) Swamp Cooler
2 (Kitchen) Exhaust Fan
1 Greenheck Cube Kitchen (Grease
480HP-15 Hood)
1 Greenheck GB- Main locker Room
161-3
1 Greenheck Team locker Room
GB0141-3
1 Greenheck GB- Roof
070-4
2 Exhausto RSV Boiler Exhaust Roof
400
1 Exhausto BSEB Locker Rooms
400
Centennial Recreation Center-171 West Edmundson Avenue
1 Trane lntelliPa k Air Conditioner (Main SXHFC540745E9BD800100WEOGOOOOTOY8000; Bldg.) AC-1 VoltaRe 460; HZ 60; 3 Phase
1 Trane Voyager Air Conditioner YCH181C4LOCA; Voltage 460; HZ 60; 3 Phase (Fitness Room) AC-2
1 Trane Voyager Air Conditioner (Gym YCH420A4LTOC6DF400000F0HOOOO; Voltage Room) AC-3 460· 60 HZ; 3 Phase 24 VAC/85AMP
1 Energy Labs, Inc. Heater/Air C093228-FHER-L
Conditioner
.,___ INatatoriuml IEC-IA
1 Carrier Heater/Air 48PGLMO7-A-60-BB
Conditioner (Fitness
Expansion)
1 Daikin Air Conditioner (East RXS12DVJU
Side)

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DocuSign Envelope ID: 700E261E-3320-4086-ACD2-8915991DFD78 1 Daikin Air Conditioner (West RXS09DVJU
Side)
1 Reznor Swamp Cooler RPB-300; MAU, Makeup Unit
(Kitchen)
2 LAARS Domestic Water PNCV0750NACK28XN; 749,970 BTU/HR Boiler
1 Ajax Water Boiler WRNG-1500; 1,500,000 BTU/HR
1 Sanyo DX Split (Telecom KS1251
Room)
1 Sanyo DX Split (Satellite KS0951
Telecom Room)
1 Grennheck Fan (Locker Room) G-180-B; Voltage 460/3/60 1 Grennheck Fan (Toilet) G-131-8; Voltage 115/1/60
1 Grennheck Fan (Kitchen) Cube-360-XP-10; Voltage 460/3/60 1 Grennheck Fan (Pool Equip) G-131-C; Voltage 115/1/60
1 Grennheck Fan (Dishwasher) G-141-B; Voltage 115/1/60
1 Grennheck Fan (Maintenance G-09-G; Voltage 115/1/60
Receiving)
1 Grennheck Fan (Electrical Room SQ-100-B; Voltage 115/1/60 134)
1 Grennheck Fan (Electrical Room SQ-140-C; Voltage 115/1/60 123)
City Hall - 17575 Peak Avenue
2 AC-lAAON Heater/Air RN-025-3-0 EB09-EHL; 25 ton; 460 Voltage; 60 Conditioner HZ· 3 PH
1 Laars Water Boller
1 CU-1 Mitsubishi Air Conditioner MUY-A17NA
2 EF-1 Exhaust Fan S/N: 11500620 0009 M·ark EF
Community and Cultural Center and Playhouse -17000 Monterey Road 2 McQuay Heater / Air RDT070C
Conditioner (ACU-1 &
ACU-2)
1 Trane Heater/ Air TC0180B400GA; Electrical Rating 460/60/3; ten Conditioner ton unit
1 McQuay Heater I Air LCA102S
Conditioner (ACU-3)
1 York Heater I Air DHH060
' Conditioner (ACU-4)
1 Raypak Boiler 406L-856L
2 Penn Exhaust Fan FX148
2 Penn Exhaust Fan FX18BH
·1 Carrier Heater/Air 48HJ0006-541; 50,000 BTU's/HR
Conditioner
(Playhouse Stage)
2 Carrier Heater/Air 48HJF008-541; 180,000 BTU's/HR
� Conditioner
(Playhouse Main
Auditorium/Lobby)

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DocuSign Envelope ID: 700E261E-3320-4086-ACD2-B915991DFD78 3 Mitsubishi Heater/Air PUGH18CKB; 1 phase unit
Conditioner
(Playhouse Dressing
Room)
4 Exhaust Fans
(Playhouse Dressing
Rooms / Restrooms)
Council Chambers-17555 Peak Avenue
1 Trane Heater/Air YCH180B4I0HB; 460 Volt; 60 HZ; 3 PH
Conditioner
1 ARI XB 13 Air Conditioner 2TWB3060A1000AA; 208/230 VAC 1 Sanyo Air Conditioner C1211; Source 115 Volt; 60 HZ; 1 PH 1 Fujitsu Air Conditioner AOV24CL; 208/230 VAC; 60 HZ; 1 PH 1 Trane Heater/Air YFH180B4LOHB; 460 VAC; 60 HZ; 3 PH
,_ Conditioner
1 Bryant Air Conditioner 661CP060-C
1 Carrier Air Conditioner 38QRR060300; 208/230 VAC; 60 HZ; lPH 1 Bradford White Water Boiler Mll30R6DS13; capacity 30 gallons; voltage 240· 50/60 HZ
Community and CUiturai Center Building B -17060 Monterey Road 1 Trane Air Conditioner 4ton
1 Trane Water Boiler 100,000 BTU
1 Trane Heat Pump w/Cooling 5 ton
6 Armstrong Condensing Unit SCU10860C
3 Armstrong Condensing Unit SCU10848C
1 First Company Water Heater
Friendly Inn -17666 Crest Avenue
4 Daikin Heat Pump RXYMQ48MVJU; HP=4; 208 Voltage; 1 PH 2 Daikin Heat Pump RXYMQ36MVJU; HP=3; 208 Voltage; 1 PH 2 Daikin Evaporating AC Coll FXSQ18MVJU; Motor SSW; 208 Voltage; 1 PH 3 Daikin Evaporating AC Coil FXSQ12MVJU; Motor SOW; 208 Voltage; 1 PH 1 Daikin Evaporating AC Coil FXMQ36MVJU; Motor 270W; 208 Voltage; 1 PH 3 Daikin Evaporating AC Coil FXMQ48MVJU; Motor 430W; 208 Voltage; 1 PH 1 Greenheck Exhaust Fan SP-A290; Motor 81W; 115 Voltage; 1 PH 1 Greenheck Exhaust Fan SP-A200; Motor 48W; 115 Voltage; 1 PH 1 Greenheck Exhaust Fan CSP-AllO; Motor 51W; 115 Voltage; 1 PH (120 MDF)
Police Department and Information Service$ - 16200 Vineyard Boulevard 5 carrier Heater/Air Weather Master Series; Package Unit; Conditioner 48HJ0008-641· Voltage 460· 3 PH· 60 HZ
2 carrier Heater/Air Weather Master Series; Package Unit; Conditioner 48HJE004-641; Voltage 460· 3 PH; 60 HZ
5 carrier Heater/Air Weather Master Series; Package Unit; Conditioner 48HJE007-641; Voltage 460· 3 PH; 60 HZ
2 carrier Heater/Air Weather Master Series; Package Unit; Conditioner 48HJD012-641; Voltage 460; 3 PH; 60 HZ

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DocuSign Envelope ID: 700E261 E-3320-4086-ACD2-B915991 DFD78 1 Carrier Heater/Air Weather Master Serles; Package Unit; Conditioner 48HJD005-641; VoltaRe 460; 3 PH; 60 HZ
2 Carrier Heater/Air Weather Master Series; Package Unit; Conditioner 48HGD028AC-6; Voltage 460; 3 PH; 60 HZ
1 Fujitsu Air Conditioner
(Server Room)
1 Daikin Air Conditioner 3-ton
1 Reznor Heater Unit FE-75
11 Green heck Exhaust Fan
Public Works Corporation Yard - 100 Edes Court
1 Trane Heater/Air YCH180B410HB
Conditioner
1 Bryant Heater/Air 601APX060000AAAG; 208 Voltage; 3 PH; 60 HZ Conditioner
1 Bryant Heater/Air 601APX036000AAAF; 208 Voltage; 3 PH; 60 HZ Conditioner
2 AO Smith Water Boiler DEL 15 102; Capacity 15 gallons 1 Rheem/York Mini split- H1DA048S25A; 208/230 Voltage; 1 PH; 60 HZ system/Heater/ Air
Conditioner
1 Bradford White Water Boiler M440T6FBN; D/N:-394; Capacity 40 gallons 1 Fujitsu Halcyon Indoor Air Quality/Air
IAQ CondltionlnR Unit -
7 Exhaust Fan (Sewer - 1; Community Service Room - 3;
Water Department Room - 3)
The Villas - 535 Alkire Avenue
8 I Bard I Heat Pump w/Cooling Wall mounted

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DocuSign Envelope ID: 700E261E-3320-4086-ACD2-8915991DFD78

EXHIBIT A- SCOPE OF WORK

ATTACHMENT C

FILTER LIST
Filters must be replaced with MERV13 filters at all facilities.

CITY OF MORGAN Hill HVAC EQUIPMENT FILTER LIST

FACILITY TYPE CHANGES/YEAR
Aquatics Center - 16200 Condit Road
Disposable Quarterly
Pleated
Centennial Recreation Center-171 West Edmundson Avenue
Disposable Quarterly
Pleated
City Hall-17575 Peak Avenue
Disposable Quarterly
Pleated
Community and Cultural Center and Playhouse -17000 Monterey Road Disposable Quarterly
Pleated
Council Chambers -17555 Peak Avenue
Disposable Quarterly
Pleated
CCC Building 8-17060 Monterey Road
Disposable Quarterly
Pleated
Friendly Inn -17666 Crest Avenue
Disposable Quarterly
Pleated
Public Works Corporation Yard - 100 Edes Court
Disposable Quarterly
Pleated
Police Department and Information Services-16200 Vineyard Blvd.

Disposable Quarterly
Pleated
The VIiias -535 Alkire Avenue
I
Disposable Quarterly
Pleated
Note: Filter quantities/sizes to be determined during the field review by prospective bidders.

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DocuSign Envelope ID: 700E261E-3320-4086-ACD2-B9159910FD78

EXHIBIT A- SCOPE OF WORK

ATTACHMENT D

QUARTERLY AND ANNUAL PREVENTATIVE MAINTENANCE SCHEDULE
Quarterly and Annual Preventative Maintenance Services for all facilities will Include a check for proper function of all components and systems, and the following:

Rooftop Variable Air Volume Cooling Units:

General
Check for safety hazards.

Check for d�bris on the roof and around the equipment and remove.

Replace air filters.

Check and set time clocks/EMS schedule.

Check that all equipment panels are secure.

Compressor Section
Check for unusual noise/vibration.

Check oil sight glass level.

Check for visual signs of oil/leaks.

Check suction line temperature.

Check crankcase heater(s).

Check for excessive amp draw and current unbalance.

Check for voltage unbalance.

Condenser Section
Check coll(s) cleanliness/fin condition.

Check for visual signs of oil/leaks.

Check fan bracketing and blades for cracks/damage/distortion.

Check all fans are operational and correct rotation.

Amp all fan motors and compare them to nameplate.

Check that wiring is secure and clear of rotB;ting blades.

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DocuSign Envelope ID: 700E261E-3320-4086-ACD2-8915991DFD78 Evaporation Section
Check coil(s) cleanliness/fin condition.

Inspect drain pans for cleanliness/standing water.

Check pan tabs and note if replacement is required.

Check drain line for free flow.

Check for visual signs of oil/leaks.

Check TXV bulb secure and insulated.

Check sight glass/moisture indication.
-
Verify proper hot gas bypass valve operation.

Check motor, drive, and blower for unusual noise/vibration.

Amp motor and compare with nameplate.

Check v-belt(s) and sheaves condition, alignment, and tension.

Lubricate motor bearings (do not over-lubricate!)
Lubricate blower shaft bearings.

Lubricate vane assemblies (bldg. must be unoccupied if using aerosol!) Economizer Section
Check return air/outside air dampers, actuators for free operation.

Lubricate dampers and linkage ball joints.

Verify minimum position properly set.

Lubricate motor bearings (do not over-lubricate!)
Lubricate blower shafl bearings.

Amp motor and compare with nameplate.

Check power exhaust v-belt, sheave, alignment and tension.

Control Panel
Check all contactors and points.

Check for over-heated, burned, or loose wiring/connections.

Check all safety controls.

Check operating controls.

Cycle discharge air controller through all stages; verify unloader operation. -- ,_ Clean panel and components of dirt and debris.

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DocuSign Envelope ID: 700E261 E-3320-4086-ACD2-B915991 DFD78 I Rooftoe Cooling/Heating Package Units: I
General
Check for safety hazards.

Check for debris on roof and around equipment and remove.

Replace air filters.

Check and set time clocks/EMS schedule.

Check that all equipment panels are secure.

Compressor Section
Check for unusual noise/vibration.

Check oil sight-glass level.

Check for visual signs of oiVleaks.

Check suction line temperature.

Check crankcase heater{s).

Check for excessive amp draw and current unbalance.

Check for voltage unbalance.

Condenser Section
Check coil(s) cleanliness/fin condition.

Check for visual signs of oiVleaks.

Check fan bracketing, rain guard and blades for cracks/damage.

Check all fans are operational and correct rotation.

Amp all fan motors and compare them to nameplate.

Check that wiring is secure and clear of rotating blades.

Evaporator Section
Check coil(s) cleanliness/fin condition.

Inspect drain pans for cleanliness/standing water.

Check pan tabs and note if replacement is required.

Check drain line for free flow.

Check for visual signs of oiVleaks.

Page 190 of 595 ends

DocuSign Envelope ID: 700E261E-3320-4086-ACD2-8915991OFO78 IExhaust Fans:

Inspect belts, bearings and motor operation.

Check flow rate for adequacy using flow meter.

IWater Boilers:

Open front and rear doors. Clean and vacuum fireside surfaces as required.

Inspect all refractory. Patch and wash coat as required.

Inspect all gaskeling on front and rear doors and replace as necessary.

Seal and close front and rear doors properly.

Remove low and auxiliary low water cut off controls, clean and inspect. Then re-install using new aaskets.

Remove plugs in control piping, inspect, clean and re-install.

Replace all hand hole and man hole plates with new gaskets.

Open feedwater tank manway, inspect and clean as required. Replace manway plate with new aasket.

Clean burner and burner pilot.

Check pilot electrode and adjust or replace.

Clean air damper and blower assembly.

Clean motor starter contacts and check operation.

Make necessary adjustments to burner for proper combustion and record all results in service report.

Perform all flame safeguard and safety trip checks and record results in service report.

Check all hand hole plates and man hole plates for leaks at normal operating temperatures and Pressures.

Troubleshoot any boiler system problems as requested by on-site personnel.

Page 191 of 595 ends

DocuSign Envelope ID: 700E261 E-3320-4086-ACD2-B915991 DFD78 Check TXV bulb secure and insulated.

Take coil temperature difference (TD) reading.

Check motor, drive and blower for unusual noiselvibration.

Check sight glass/moisture indication.

Check v-belt(s) and sheaves condition, alignment, and tension.

Lubricate motor bearings (do not over-lubricate!)
Lubricate blower shaft bearings.

Amp motor and compare with nameplate.

Gas Heating Section
Inspect heat exchanger from combustion chamber for cracks.

Verify proper operation of combustion blower.

Verify proper lighting sequence.

Inspect burners and combustion chamber cleanliness and condition.

Check pilot and main bumer flame quality.

Check for flame roll-out.

Economizer Section
Check r�turn air/outside air dampers, actuators for free operation.

Lubricate dampers and linkage ball joints.

Verify minimum position property set
lubricate blower shaft bearings.

Amp motor and compare with nameplate.

Control Panel
Check all contactors, coils and contacts.

Check for over-heated, burned, or loose wiring/connections.

Check all safety controls.

Check operating controls.

Cycle unit in all modes and check operation.

Clean panel and components of dirt and debris.

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DocuSign Envelope ID: 700E261E-3320-4086-ACD2-B915991DFD78 EXHIBIT 8-

SCHEDULE OF COMPENSATION RA TES

HVAC PREVENTATIVE MAINTENANCE FEES

INCLUDING TRAVEL TIME
Quarterly and Annual Preventative Maintenance of Heating, Ventilating and Air Conditioning (HVAC) Equipment at City Facilities as described in the technlcal specifications:

Bid Item Description of Bid Item Quarterly Annual
Inspection Inspection
Amount Amount
Cost for one (1) Cost for one (1)
quarterly annual inspection
lnsoection
1 Aquatics Center: Provide HVAC $ 543.00 $ 543.00
maintenance (including travel time and all
anticipated costs (filters, etc.)
2 Centennial Recreation Center: Provide $1,778.00 $1,778.00 y HVAC maintenance (including travel
time and all anticipated costs (filters, etc.)
3 City Hall: Provide HVAC maintenance $ 556.00 $ 556.00 (including travel time and all anticipated
costs (filters, etc.)
4 Community and Cultural Center, $1,024.00 $1,024.00
Building B and Playhouse: Provide
HVAC maintenance (including travel time
and all anticipated costs (filters etc.)
5 Council Chamber Building: Provide $
HVAC maintenance (including travel time
580.00 $ 580.00
and all anticipated costs (filters, etc.)
6 Friendly Inn: Provide HVAC $ 550.00 $ 550.00
maintenance (including travel time and all
anticipated costs (filters, etc.)
7 Police Department and Information $1,960.00 $1,960.00 Services: Provide HVAC maintenance
(Including travel time and all anticipated
costs (filters. etc.)
8 Public Works Corporation Yard:

Provide HVAC maintenance (including
$ 335.00 $ 335.00
travel time and all anticipated costs
(filters etc.)

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DocuSign Envelope ID: 700E261 E-3320-4086-ACD2-B915991DFD78 Bid Item Description of Bid Item Quarterly Annual
Inspection Inspection
Amount Amount
Cost for one (1) Cost for one (1)
quarterly annual inspection
inspection
9 The Villas: Provide HVAC maintenance $542.00 $542.00
(including travel time and all anticipated
costs (filters, etc.)
10 Total Amount for One (1} Quarterly $7,868.00 Inspection for Bid Items #1-#9 (Add Bid Items #1-#9 -Quarterly Inspection
Amount)
11 Total Amount for Three13) Quarterly $23,604.00 Inspections for Bid Items #1-#9 (Multiple Bid Item #10 X 3)
12 Total Amount for One (1) Annual
Inspection for Bid Items #1-#9 $7.868.00
(Add Bid Items #1-#9 -Annual Inspection
Amount)
13 BASE BID TOTAL
For 3 Quarterly Inspections and 1 Annual
$31,472.00
Inspection
(Bid Item #11 + Bid ltem#12)

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DocuSign Envelope ID: 700E261 E-3320-4086-ACD2-B915991 DFD78

ANNUAL COIL SERVICE
Bid Alternate Item Description of Bid Item Annual Inspection Amount (Per Annual Visit)
1 Annual Coll Cleaning Service $6,500.00
BID AL TERNA TE TOTAL $6,500.00

BID SCHEDULE-HOURLY REPAIR RATES
Hourly Rates for Additional Maintenance and Repair of Heating, Ventilating and Air Conditioning (HVAC) Equipment at City Facilities:

MISCELLANEOUS CALL OUT/REPAIR RATES*
a. 8:00 a.m. to 5:00 p.m. $ 175.00 /hour
b, 6:00 p.m. to 8:00 a.m. $ 225.�0 /hour
c. Weekends & Holidays $ 225.00 /hour
*Quantities for Items a., b. & c. cannot be pre-determined, but shall be on an "as needed" basis. A flat travel fee of $50 will be charged for all repair visits.

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DocuSign Envelope ID: 700E261E-3320-4086-ACD2-B915991OFD78

EXHIBITC

SCHEDULE OF PERFORMANCE
Three (3) quarterly preventative maintenance visits to be scheduled with the City Maintenance Manager or designated City maintenance staff.

Annual preventative maintenance visits to be scheduled with the City Maintenance Manager or designated City maintenance staff.

Annual coil cleaning services to be scheduled with the City Maintenance Manager or designated City maintenance staff.

Repairs to be scheduled as needed with City Maintenance Manager or designated City Maintenance staff.
18 Updated: May 2023

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5 CITY COUNCIL STAFF REPORT
MEETING DATE: April 24, 2024
PREPARED BY:

Keri Russell, Maintenance Manager
APPROVED BY: City Manager

APPROVE FIRST AMENDMENT TO THE WEST COAST ARBORISTS,
INC. MAINTENANCE SERVICES AGREEMENT

RECOMMENDATION(S)

1. Approve the first amendment to the maintenance services agreement with West Coast Arborists, Inc. to increase the amount by $200,000 for a total agreement amount of $852,000; and

2. Authorize the City Manager to execute and administer the first amendment with West Coast Arborists, Inc.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Protecting the Environment and Preserving Open Space and Agricultural Land 2024-2025 Strategic Priorities
Fiscal Sustainability
REPORT NARRATIVE:

The purpose of this report is to provide the City Council with an opportunity to consider a first amendment to the City’s maintenance service agreement with West Coast Arborists, Inc. If approved, the amendment will increase the amount of the agreement by $200,000 to $852,000.

Tree services costs have been higher than anticipated due to emergency tree work and tree removal during a busier than normal storm season, a large amount of tree work adjacent to Woodland Estates for safety purposes, and a large amount of tree work needed around Utility sites for state inspection. As a result, there is an inadequate remaining balance on the contract through September 30, 2024. By increasing the amount of the agreement by $200,000, routine grid pruning and unanticipated tree work for safety reasons will be funded through September 30, 2024.

The additional emergency tree work completed was due to several factors. First, the contract was initiated just prior to the significant storms that occurred in the Winter of

Page 197 of 595 ends

5 2022/23. The contractor provided significant services during these storms. Second, some very large sycamore trees adjacent to housing at Woodland Estates required removal and trimming work. Due to the very large size of these trees, significant costs were incurred. Finally, additional unforeseen tree service work was needed at several utility sites to protect the City's utility infrastructure.

The City has released RFPs and contracted for tree services for many years, and does not have the staffing resources or the equipment to perform the work internally.

Services provided include routine grid pruning, tree trimming and removal for safety, arborist reports, and emergence response services. The City’s current contract expires on September 30, 2024. The original amount of the agreement was for $652,000 for two years.

Staff have been satisfied with the services performed by West Coast Arborists, Inc., and recommends that the City Council authorize the City Manager to execute the attached first amendment to the agreement.

COMMUNITY ENGAGEMENT:

Inform
This staff report services to inform the community of the proposed amendment to the West Coast Arborists, Inc. maintenance agreement.

ALTERNATIVE ACTIONS:

The City Council could decline to approve the amendment and instead direct staff to terminate the agreement and proceed with a request for proposals (RFP) for tree maintenance services. This alternative is not recommended as it would jeopardize ongoing tree maintenance and safety.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The Council has previously approved contracts for tree maintenance services for over a decade. The City Council previously awarded the current agreement to West Coast Arborists, Inc on September 28, 2022.

FISCAL AND RESOURCE IMPACT:

If approved, the total funding authorization for this agreement will increase to $852,000.

Funding for the tree maintenance services is included in many areas of the City’s operating budget (Fund 010) including street Maintenance, Park Maintenance, Downtown Maintenance, as well as Landscape Assessment Districts and various Capital Improvement Projects. An additional budget appropriation of funding is not necessary at this time as the City has seen lower expenses in other areas of the Street Maintenance budget, and funding for much of the unforeseen work has been funded through various alternative funding sources (Utilities Funds and Capital Project Funds).

CEQA (California Environmental Quality Act):

Categorical Exemption

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5 The activities described in this Staff Report are categorically exempt under CEQA, specifically pursuant to Section 15301 of the CEQA Guidelines (Existing Facilities), as the subject work involves the repair, maintenance or minor alteration of existing City facilities involving negligible or no expansion of use of those facilities.

Page 199 of 595 ends

1 FIRST AMENDMENT TO AGREEMENT
WEST COAST ARBORISTS, INC.

This FIRST AMENDMENT TO AGREEMENT is entered into and becomes effective on ______________________ (Effective Date), by THE CITY OF MORGAN HILL, a municipal corporation, ("CITY") and WEST COAST ARBORISTS, INC. California Corporation ("SERVICE PROVIDER"), hereinafter referred to collectively as the “Parties".

RECITALS
The following recitals are a substantive part of this Agreement:

1. This First Amendment to Agreement is entered into pursuant to the action of the Morgan Hill City Council taken on ___________, ____, 20___.

2. The CITY and SERVICE PROVIDER entered into that “Maintenance Service Agreement” made as of October 2, 2022, for services for a maximum compensation of Six Hundred Fifty-Two Thousand Dollars (“MAINTENANCE SERVICE AGREEMENT”). The MAINTENANCE SERVICE AGREEMENT is attached as Exhibit “1” to this Agreement.

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Amendments: All terms and conditions of the MAINTENANCE SERVICE AGREEMENT, as amended, as attached as Exhibit "1,” shall remain in full force and effect; except that the following amendments shall be made as set forth below:

A. Paragraph 4.1 shall be amended and replaced in its entirety by the following:
"4.1. Amount. Compensation under this Agreement shall not exceed EIGHT HUNDRED FIFTY-TWO THOUSAND DOLLARS ($852,000.00) and shall be billed based on the rate and basis set forth in Exhibit B and Exhibit B-1."

2. Electronic Signatures. Unless otherwise prohibited by law or CITY policy, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the CITY. ///
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[Signatures on the Next Page]

Page 200 of 595 ends

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EXHIBIT B-1

SCHEDULE OF COMPENSATION
Only the Revised Contract Item Totals are referenced in this Exhibit The breakdown of costs for the two-year tree maintenance services agreement is listed below.

Also attached is the Schedule of Compensation for the individual line items per West Coast Arborists, Inc's cost proposal dated July 15, 2022.

ORIGINAL MAINTENANCE SERVICE AGMT
Item Amount
Street Tree Maintenance and Safety Pruning 89,000
Street Tree Grid Pruning 100,000
Park Tree Safety Pruning 25,000
Park Tree Grid Pruning 12,000
Other Extra Services 100,000
TOTAL ANNUAL AMOUNT 326,000
TOTAL TWO-YEAR AMOUNT. 652,000

FIRST AMENDMENT
Other Extra Services 200,000
REVISED TWO-YEAR CONTRACT AMT. 852,000

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DocuSign Envelope ID: 5D741AE3-F3A4-4857-AE42-3EC1188FFBE5

MAINTENANCE SERVICE AGREEMENT
West Coast Arborists, Inc.

Tree Maintenance Services
THIS AGREEMENT is entered into and becomes effective on l0/2 1 2022 (Effective
Date), by and between the CITY OF MORGAN HILL, a municipal corporation, ("CITY"), and West Coast Arborists, Inc. a California corporation ("SERVICE PROVIDER") hereinafter referred to collectively as "Parties." In consideration of the promises and the mutual covenants contained in this Agreement, the Parties agree as follows:

1. . City Authority. This Agreement is entered into pursuant to the action of the Morgan Hill City Council taken on September , �. 20.2?__.

2. Term of Agreement. This Agreement shall cover services rendered from the Effective Date of this Agreement until September 30, 2024 at which time SERVICE PROVIDER'S services shall be completed. The City Manager is authorized to extend the term of this Agreement for a ma'Ximum of three one-year extensions. Any such extension shall be in writing and signed by both Parties to this Agreement.

3. Scope of Service. The services to. be performed by SE�VICE PROV! DER shall be tree maintenance services as further described _in Exhibit A . �.

4. . . .

Compensation. SERVICE PROVIDER �all be compensated as follows:

4.1. Amount. $652,000.00. Tota!' compensation to SERVICE PROVIDER under this Agreement during its initial term set forth in Section 2 above shall not exceed Six Hundred Fifty-Two Thousand dollars and shall be.billed based on the rate and basis set forth in Exhibit B. If the City Manager extends the term of this Agreement pursuant to the provisions of Section,i abov�. the City Manager� sllal-l liave th�_aythority to increase the maximum compensation allowed-tp.be paid to�SERVIQE PROVIDER cturing that extended term period, so lo�g as City. Council ha? Piiprc:)pri'�ted s�fficient funds therefor, the Parties mutually, a·gree t'o s,t.ici, amQunt in a , :Wrjfi1;Jg·�igne� by both_ Par.ties .. :
to this Agreement and provided further tl1at .irf ·no • eveRt: shall sGctr maximum compensation allowed for each subs!3querit extended one-year term exceed 105% of the maximum compensation allowed to be paid to SERVICE PROVIDEFt·f6r one year of service during the imme�i
_
ately preceding prior year of service.

4.2. Billing. SERVICE PROVIDER shall provide CITY with an invoice containing the dated, detailed, and itemized descriptions of all services performed and expenses incurred (if such expenses are reimb.ursabJe pursuant to Exhibit B) by SERVICE PROVIDER on a monthly basis unless otherwise specified in Exhibit B. All invoices shall be sent to the CITY addressed to the department head or project manager identified below in Section 14 Notices. Payment will be made to SERVICE PROVIDER within thirty (30) days of receipt of invoice by CITY. Any rate charged shall be prorated where services are interrupted or not provided for any rate period (for example, any monthly rate charge should be prorated when services were interrupted or provided for only part of the month). For services billed on an hourly rate, the minimum unit of billed time shall not exceed one tenth of one hour. CITY shall pay for services and expenses (if so provided in Exhibit B) up to the limit of compensation set forth above, that in the CITY'S judgment were necessary and reasonable. Services for work performed and expenses incurred in 1 Updated: July 2022
EXHIBIT 1

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DocuSign Envelope ID: 5D741AE3-F3A4-4857-AE42-3EC1188FFBE5 excess of the total compensation set forth in paragraph 4.1 above shall be at no cost to CITY.

5. Termination. CITY or SERVICE PROVIDER shall have the right to terminate this Agreement, without cause, by giving thirty (30) days' written notice or less under urgent circumstances. Upon such termination, SERVICE PROVIDER shall submit to CITY an itemized statement of services performed for which compensation has not been paid. CITY may require SERVICE PROVIDER to complete certain work product or documents and SERVICE PROVIDER shall deliver to CITY all documents in its possession without additional compensation to SERVICE PROVIDER. The City Manager is authorized to terminate this Agreement, in whole or in part, on behalf of CITY.

5.1. Non-Appropriations. Notwithstanding anything contained in this Agreement to the contrary, if insufficient funds are appropriated, or funds are otherwise unavailable in the budget for CITY for any reason whatsoever in any fiscal year, for payments due under this Agreement, CITY will immediately notify SERVICE PROVIDER of such occurrence, and this Agreement shall terminate after the last day during the fiscal year for which appropriations shall have been budgeted for CITY or are otherwise available for payments.

5.2. Temporary Suspension of Services. CITY'S need for services may be suspended due to unforeseeable or unavoidable circumstances beyond its control. Such circumstances include, but are not limited to, earthquake, fire, explosion, flood, or other natural catastrophe; governmental legislation, condemnation, acts, orders, or regulation; war or acts of terrorism; strikes o.r labor difficulties; and quijrantine, epidemic, or pandemic.

CITY shall provide a 5-days' written notice or less under urgent circumstances to temporarily suspend services at specific CITY facilities. CITY reserves the right to request which CITY facilities are to be serviced or not serviced due to unforeseeable or unavoidable circumstances; and the level. of service at each CIT'( facility. Upo11 suspension, SERVICE PROVIDER shall supmit to CITY an itemized statemenl of services performed for which compensation has not been paid up to the date of the suspension. No further payments will be made for services provided after the ·date of the suspemsion. CITY shall provide 5 days' written notice when the circumstances for· the suspension of specific facilities' services are removed for SERVICE PROVIDER to commence providing services.

6. Performance· of Work. SERVICE PROVIDER represents that it is qualified by 't'irtl.ie of experie.nce, training, education, and expertise to accomplish these services. Services shall be performed by SERVICE PROVIDER in accordance with professional practices in a manner consistent with a level of care, competence and skill exercised by qualified members of SERVICE PROVIDER'S profession. By delivery of completed work, SERVICE PROVIDER certifies that the work conforms to the requirements of this Agreement and all applicable federal, state, and local laws. SERVICE PROVIDER is liable for any property damage caused by SERVICE PROVIDER or its Subcontractors during performance of the services and shall notify the CITY of damage within 24 hours of the occurrence. SERVICE PROVIDER must promptly repair or replace any real or personal property damage, and must promptly restore the property to its original or intended condition. CITY may repair or replace the real or personal property damage if SERVICE PROVIDER fails to do so, and the cost of the repairs or replacement may be deducted or offset from any compensation due to SERVICE PROVIDER.

6.1. Schedule. SERVICE PROVIDER shall perform all work and services under this Agreement in conformance with the time schedule set forth on Exhibit C, "Schedule of 2 Updated: July 2022

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DocuSign Envelope ID: 5D741AE3-F3A4-4B57-AE42-3EC1188FFBE5 Performance," attached hereto and incorporated herein by this reference. The City Manager is authorized on behalf of CITY to modify the timeframes set forth on the Schedule of Performance within the term of this Agreement.

6.2. Storage of Service Provider's Equipment. If SERVICE PROVIDER desires to leave or store any of SERVICE PROVIDER'S equipment at a CITY site while SERVICE PROVIDER is performing work or service pursuant to this Agreement, SERVICE PROVIDER will first obtain the consent of the City Manager, or his/her delegate, to do so, and any such storage shall occur only in the manner and location allowed by such CITY official and entirely at SERVICE PROVIDER'S sole risk.

7. Hazardous Materials. Without limiting any other requirement or obligation of SERVICE PROVIDER under this Agreement, if SERVICE PROVIDER needs to use any material or chemical considered to be a hazardous material under any federal, state, or local law, regulation or policy, SERVICE PROVIDER agrees to fully and timely abide by and comply with all laws, regulations and policies pertaining to the use, transport, removal, handling, disposal, or other activity related to any and all such materials or chemicals. Prior to commencement of work or services under this Agreement, SERVICE PROVIDER shall provide CITY with a complete list of the hazardous materials SERVICE PROVIDER reasonably anticipates it may need to use to provide the services of SERVICE PROVIDER under this Agreement, together with the reasonably anticipated quantities thereof, if requested by CITY.

8. Insurance Requirements. SERVICE PROVIDER shall procure and provide proof of the insurance coverage required by this section in the form of certificates and endorsements. The required insurance must cover the activities of SERVICE PROVIDER, including its subcontractors, employees, and agents, relating to, or arising from, the performance of any work or service under this Agreement, and must remain in full force and effect at all times during the period covered by this Agreement. The coverages may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or "umbrella" policies, provided each such policy complies with the requirements set forth herein. Any deductibles or self-insured retentions must be declared to and approved by City. SERVICE PROVIDER further understands that CITY reserves the right to modify the insurance requirements set forth herein, with thirty (30) days' notice provided to SERVICE PROVIDER, at any time as deemed necessary to protect the interests of CITY.

8.1. Insurance Types and Amounts.

8.1.1. Commercial General Liability (CGL}. SERVICE PROVIDER shall maintain CGL against claims and liabilities for personal injury, death, or property damage providing protection in the minimum amount of: (i) one million dollars '($1,000,000.00) combined single limit for any one accident or occurrence, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER'S combined insurance policies (including any excess or "umbrella" policies), whichever is greater.

8.1.2. Automobile Liability. SERVICE PROVIDER shall maintain Automobile Liability covering all owned, non-owned and hired automobiles (if SERVICE PROVIDER does not own automobiles, then SERVICE PROVIDER shall maintain Hired/Nonowned Automobile Liability) against claims and liabilities for personal injury, death, or property damage providing protection in the minimum amount of: (i) one million dollars ($1,000,000.00) combined single limit for any one accident or occurrence, or (ii) the maximum amount of such insurance available to SERVICE 3 Updated: July 2022

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OocuSign Envelope ID: 5O741AE3-F3A4-4857-AE42-3EC1188FFBE5 PROVIDER under SERVICE PROVIDER'S combined insurance policies (including any excess or "umbrella" policies), whichever is greater.

8.1.3. Workers' Compensation Insurance and Employer's Liability. SERVICE PROVIDER shall maintain Workers Compensation coverage, as required by law, in the minimum amount of: (i) one million dollars ($1,000,000.00) for any one accident or occurrence, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER'S combined insurance policies (including any excess or "umbrella" policies), whichever is greater. If SERVICE PROVIDER is self-insured, SERVICE PROVIDER shall provide its Certificate of Permission to Self-Insure, duly authorized by the Department of Industrial Relations.

8.1.4. Pollution (Environmental) Liability. If the performance of SERVICE PROVIDER'S work or service under this Agreement involves hazardous materials, contaminated soil disposal, and/or a risk of accidental release of fuel oil, chemicals or other toxic gases or hazardous materials, SERVICE PROVIDER shall procure and maintain Pollution Liability covering the SERVICE PROVIDER'S liability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs arising out of the work or services to be performed under this Agreement. Coverage shall be provided for both work performed on site, as well as during the transport of hazardous materials. Such coverage shall be in the minimum amount of: (i) one million dollars ($1,000,000.00) for any one accident or occurrence, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER'S combined insurance policies (including any excess or "umbrella" policies), whichever is greater.

8.1.5. Professional Liability.

8.1.5.1. If the performance of SERVICE PROVIDER'S work or service under this Agreement involves professional and/or technical services (examples include, but are not limited to, architects, engineers, land surveyors, and appraisers), SERVICE PROVIDER shall procure and maintain either a claims made or occurrence Errors and Omission liability insurance in the minimum amount of: (i) one million dollars ($1,000,000.00) each claim, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER'S combined insurance policies (including any excess or "umbrella" policies), whichever is greater. Further, if SERVICE PROVIDER maintains a claims-made policy, SERVICE PROVIDER shall provide written evidence of such insurance to CITY for at least five (5) years after the completion of work performed under this Agreement.

8.1.5.2. If the performance of SERVICE PROVIDER'S work or service under this Agreement relates to Information Technology or related services (examples include, but are not limited to computer programmers, software designers, hardware engineers, or other systems consultants), SERVICE PROVIDER shall procure and maintain a claims made Errors and Omission liability insurance, including Cyber Liability and Data Breach, in the minimum amount of: (i) one million dollars ($1,000,000.00) each claim, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER'S 4 Updated: July 2022

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DocuSign Envelope ID: 5D741AE3-F3A4-4B57-AE42-3EC1188FFBES combined insurance policies (including any excess or "umbrella" policies), whichever is greater.

8.1.6. Sexual Abuse/Molestation Liability (SML): If the performance of SERVICE PROVIDER'S work or service under this Agreement involves contact with minors, SERVICE PROVIDER shall procure and maintain Sexual Abuse and Molestation insurance in the minimum amount of: (i) two hundred thousand dollars ($200,000.00) each claim, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER'S combined insurance policies (including any excess or "umbrella" policies), whichever is greater.

8.2. Endorsements. SERVICE PROVIDER shall provide proof of the following endorsements, listed for each policy for which endorsements are required, as outlined below:

8.2.1. General Liability and pollution liability (when pollution liability applies).

8.2.1.1. "Additionally Insured" - The City of Morgan Hill, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers are named as additional insureds on a form at least as broad as ISO Form CG 20 10 for ongoing operations.

8.2.1.2. "Waiver of Rights of Subrogation" - The insurer waives the right of subrogation against the City of Morgan Hill and CITY'S elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers; and

8.2.1.3. "Primary and Non-Contributing" - Insurance shall be endorsed to be primary and non-contributory and will not seek contribution from the City's insurance or self-insurance and shall be at least as broad as ISO Form CG 20

01. 8.2.2. Workers Compensation.

If the performance of SERVICE PROVIDER'S work or service under this Agreement involves access to or activity on any property or premises owned or occupied by the CITY, including, but not limited to, SERVICE PROVIDER'S presence during site visits and meetings, then insurer waives the right of subrogation against the City of Morgan Hill and the CITY'S elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers.

8.3. Qualification of Insurers. All insurance required pursuant to this Agreement must be issued by a company licensed and admitted, or otherwise legally authorized to carry out insurance business in the State of California, and each insurer must have a current AM.

Best's financial strength rating of ''A" or better and a financial size rating of "VII" or better.

8.4. Certificates. SERVICE PROVIDER shall furnish CITY with copies of all certificates as outlined herein, whether new or modified, promptly upon receipt. In the event of a claim or legal action, SERVICE PROVIDER shall promptly furnish CITY of Morgan Hill with copies of all policies outlined herein. No policy subject to SERVICE PROVIDER'S agreement with CITY shall be canceled or materially changed except after thirty (30) days' notice by the insurer to CITY. A "material change" is a change that results in non5 Updated: July 2022

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DocuSign Envelope ID: 5D741AE3-F3A4-4B57-AE42-3EC1188FFBE5 compliance with any insurance requirements in this section 8. Certificates. including renewal certificates, may be mailed electronically to [email protected] or delivered to the Certificate Holder address provided herein.

Certificate Holder address:

City of Morgan Hill
Attn: Risk Management
17575 Peak Avenue
Morgan Hill, CA 95037

9. Non-Liability of Officials and Employees of CITY. No official or employee of CITY shall be personally liable for any default or liability under this Agreement.

10. Compliance with Law.

10.1. SERVICE PROVIDER and its officers. employees, agents, and subcontractors shall comply with all applicable laws, ordinances, administrative regulations, and permitting requirements in carrying out their obligations under this Agreement. SERVICE PROVIDER and its officers, employees, agents, and subcontractors covenant there shall be no discrimination based upon race, color, creed, religion, gender, marital status, age, sexual orientation, national origin, mental disability, physical disability, medical condition, or ancestry, in any activity pursuant to this Agreement.

10.2. Without limiting the provisions of Section 10.1 above, each worker performing work under this Agreement shall be paid at a rate not less than the prevailing wage as defined in Sections 1771 and 177 4 of the Labor Code. The prevailing wage rates are available online at http://www.dir.ca.gov/dlsr. SERVICE PROVIDER shall post a copy of the applicable prevailing rates at the Worksite. Pursuant to Labor Code Section 1775, SERVICE PROVIDER and any Subcontractor shall forfeit to CITY as a penalty up to two hundred dollars ($200.00) for each calendar day, or portion thereof, for each worker paid less than the applicable prevailing wage rate. SERVICE PROVIDER shall also pay each worker the difference between the applicable prevailing wage rate and the amount actually paid to that worker.

10.3. DIR Registration. CITY will not accept a Bid Proposal from or enter into a contract with a SERVICE PROVIDER, without first receiving proof to the satisfaction of CITY that SERVICE PROVIDER and its subcontractors are registered with the California Department of Industrial Relations to perform public work under Labor Code Section 1725.5, subject to limited legal exceptions. Under Labor Code section 1771.4, this Agreement is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

10.4. Compliance with Wage and Hour Laws: SERVICE PROVIDER, and any subcontractor it employs to complete work under this Agreement, shall comply with all applicable federal, state, and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act and the California Labor Code.

Final Judgments, Decisions, and Orders: For purposes of this Section, a "final judgment, decision. or order" refers to one for which all appeals have been exhausted or the time to appeal has expired. Relevant investigatory government agencies include: the federal 6 Updated: July 2022

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DocuSign Envelope ID: 5D7 41AE3-F3A4-4857-AE42-3EC 1188FFBE5 Department of Labor, the California Division of Labor Standards Enforcement, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.

Prior Judgments against SERVICE PROVIDER and/or its Subcontractors: BY SIGNING

THIS AGREEMENT, SERVICE PROVIDER AFFIRMS THAT IT HAS DISCLOSED ANY

FINAL JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR
INVESTIGATORY GOVERNMENT AGENCY FINDING - IN THE FIVE (5) YEARS

PRIOR TO EXECUTING THIS AGREEMENT - THAT SERVICE PROVIDER OR ITS SUBCONTRACTOR(S) HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS.

SERVICE PROVIDER FURTHER AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S)

HAS SATISFIED AND COMPLIED WITH - OR HAS REACHED AGREEMENT WITH

THE CITY REGARDING THE MANNER IN WHICH IT WILL SATISFY - ANY SUCH JUDGMENTS, DECISIONS OR ORDERS.

Judgments or Decisions During Term of Contract: If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that SERVICE PROVIDER or any subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or SERVICE PROVIDER learns of such a judgment, decision, or order that was not previously disclosed, SERVICE PROVIDER shall inform the City Attorney, no more than fifteen (15) days after the judgment, decision or order becomes final or of learning of the final judgment, decision or order. SERVICE PROVIDER and its subcontractors shall promptly satisfy and comply with any such judgment, decision, or order, and shall provide the City Attorney with documentary evidence of compliance with the final judgment, decision, or order within five (5) days of satisfying the final judgment, decision, or order. CITY reserves the right to require SERVICE PROVIDER to enter into an agreement with CITY regarding the manner in which any such final judgment, decision, or order will be satisfied.

City's Right to Withhold Payment: Where SERVICE PROVIDER or any subcontractor it employs to perform work under this Agreement has been found in violation of any applicable wage and hour law by a final judgment, decision or order of a court or government agency, CITY reserves the right to withhold payment to SERVICE PROVIDER until such judgment, decision or order has been satisfied in full.

Material Breach: Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.

Notice to City Related to Wage Theft Prevention: Notice provided to the City Attorney as required under this Section shall be addressed to: City Attorney, City of Morgan Hill, 17575 Peak Avenue, Morgan Hill, CA 95037. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.

11. Independent Contractor. SERVICE PROVIDER is an independent contractor and not an agent or employee of CITY.

12. Confidentiality. All data, documents, or other information received by SERVICE PROVIDER from CITY or prepared in connection with SERVICE PROVIDER'S services under this Agreement are 7 Updated: July 2022

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DocuSign Envelope ID: 5D741AE3-F3A4-4B57-AE42-3EC1188FFBE5 deemed confidential and shall not be disclosed to any third party by SERVICE PROVIDER without prior written consent by CITY.

13. Conflict of Interest and Reporting. SERVICE PROVIDER shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement.

Address of SERVICE PROVIDER is as follows:

West Coast Arborists, Inc.
2200 E. Via Burton
Anaheim, CA 92806
Address of CITY is as follows:

Public Services Director
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
with a copy to:

City Clerk
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037

17. Maintenance of Records.
17 .1. Maintenance. SERVICE PROVIDER shall prepare, maintain, and preserve all reports and records that may be required by federal, state, and CITY rules and ordinances related to services provided under this Agreement. SERVICE PROVIDER shall maintain records for a period of at least 3 years after receipt of final payment under this Agreement. If any litigation, claim, negotiation, audit exception, or other action relating to this Agreement is pending at the end of the 3-year period, then SERVICE PROVIDER shall retain said records until such action is resolved.

17.2. Access to and Audit of Records. CITY shall have the right to examine, monitor and audit all records, documents, conditions, and activities of SERVICE PROVIDER and its subcontractors related to services under this Agreement. Pursuant to Government Code Section 8546.7, if this Agreement involves the expenditure of public funds in excess of $10,000, the Parties to this Agreement may be subject, at the request of CITY or as part of any audit of CITY, to the examination and audit of the State Auditor pertaining to matters connected with the performance of this Agreement for a period of three years after final payment under the Agreement.
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DocuSign Envelope ID: 5D741AE3-F3A4-4B57-AE42-3EC1188FFBE5

19. Time of Essence. Time is of the essence in the performance of this Agreement.

22. Defense and Indemnification.

22.4. Right to Offset. CITY shall have the right to offset against any compensation due SERVICE PROVIDER under this Agreement any amount due CITY from SERVICE PROVIDER as a result of SERVICE PROVIDER'S failure to pay CITY promptly any indemnification arising under this Section (22) and any amount due CITY from SERVICE PROVIDER arising from SERVICE PROVIDER'S failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws.

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DocuSign Envelope ID: 5D741AE3-F3A4-4B57-AE42-3EC1188FFBE5 understood and agreed that the obligation of SERVICE PROVIDER to indemnify the INDEMNITEE shall be as broad and inclusive as permitted by the laws of the State of California and shall survive termination of this Agreement.

27. Binding Agreement. Notwithstanding the provisions of Section 20 above, this Agreement shall bind any and all successors in interest, legal representatives and/or other permitted assignees or transferees of SERVICE PROVIDER in the same manner as if those successors in interest, legal representatives or other permitted assignees or transferees had entered into this Agreement originally.

Ill
Ill
Signatures are on the following page.
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DocuSign Envelope ID: 5D741AE3-F3A4-4857-AE42-3EC1188FFBE5

IN WITNESS THEREOF, these Parties have executed this Agreement on the day and year shown below.

ATTEST:

IA:;�_
i
;;.:....�_
b
.,,_
y:
__.L.._ ��-ty ________ _
City Clerk
Michelle B
igelow
Print Name
Date: 10/7/2022
APPROVED AS TO FORM:
�AUQm�464 rn::;:z�iV-u---------
Donald A. Larkin
Print Name
Date: 10/2/2022
366764
Contractor's License Number(s
) (if applicable)
Expiration Date(s) ---------- 1213112022
U: 11. e g a 1 Forms\Consultant Agreements\Cil)I Maintenance Service Agreement.DOCX

CITY OF MORGAN HILL
DoouSigned by:

ClAYisfiM ttAYW£
Christina J, Turner
Print Name
Date: 10/7/2022

WEST C,
81 �s9f(fsf s, INC.
{ijV ._,-
I
By:

Patrick Mahoney, President
Print Name and Title of Signer.

If Corporate: Chairman, President or
Vice President
Date: 08/01 /22
B
y
:77 =- /i
Richard Ma 6n� Secretary
Print Name a itle of Signer.

If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer
Date: 08/01 /22
1000000956
Contractor's DIR Registration Number(s) (if applicable) Expiration Date(s
) _6/_30_/2_0_24 _______ _
11 Updated: July 2022

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DocuSign Envelope ID: 5D741AE3-F3A4-4B57-AE42-3EC1188FFBE5

EXHIBIT A

SCOPE OF SERVICES
The Service Provider shall furnish all labor, tools, equipment, materials and supervision necessary to perform safety and grid pruning, removal and planting of trees, inventory system management, watering and other arboriculture related services as described in this section, including, but not limited to the items noted below. The contract includes the maintenance of street trees within public rights-of-way, as well as within parks, open spaces, City facilities and other City properties. This contract will include approximately 9,500 trees.

All trees are required to be included in a web-based computerized tree inventory system and database that will be updated on a monthly basis after work is performed. This inventory system and database will document services performed.

Section 1: Definitions and Terms
Wherever the following terms are used, they shall be understood to mean and refer to the following:
1-1 Agency & Owner: City of Morgan Hill
1-2 Council: City Council, City of Morgan Hill
1-3 Service Provider: West Coast Arborists, Inc.
1-4 Director of Public Services: The Director of Public Services of the City of Morgan Hill or his/her designee.
1-5 Engineer: The Director of Public Services, acting either directly or through the properly authorized agents, such agents acting within the scope of the particular duties entrusted to them or his/her designee.
1-6 General: Working titles having a masculine gender, such as workman and journeyman and the pronoun he, are utilized in the specifications for the sake of brevity and are intended to refer to persons of either sex.
1-7 Grid Trimming: Grid trimming shall be the pruning (complete trim) of all trees, large and small, within the City right-of-way in a designated area or on a particular street. 1-8 Park Trimming: Park trimming shall be the pruning (complete trim) of all trees, large and small, within designated City Parks.
1-9 Right-of-Way: Parkways (between sidewalk and curb) and Medians. 1-10 Certified Arborist: International Society of Arboriculture (ISA) Certified Arborist 1-11 ISA Certified Tree Worker: International Society of Arboriculture (ISA) Certified Tree Worker
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DocuSign Envelope ID: 5D741AE3-F3A4-4B57-AE42-3EC 1188FFBE5 1-12 Maintenance Manager: The Maintenance Manager of the City of Morgan Hill or his/her designee.

Section 2: Scope of Work
2-1 Scope of Work. This work shall consist of pruning street trees and park trees for traffic and pedestrian clearance, tree health, removing trees as designated, stump removal, tree planting, staking and inventory of trees as well as leaving the work site in a neat, clean, and orderly condition upon completion of the work or at the end of the day, in the area as specified in these specifications and the special provisions. The Service Provider will cease all pruning activities when the designated number of trees has been pruned. Regardless of size of the tree the price to prune will be the same for all grid and park trees. This work also includes scheduled crew pruning on a daily basis as well as emergency call outs, over and above the grid pruning. All green waste to be disposed of by the Service Provider and the cost to be included within the various bid items.
2-2 General Conditions. These general conditions which shall apply to this executed Maintenance Services Agreement. Service Provider shall also comply with the International Society of Arboriculture (ISA) Pruning Standards, latest revised edition of the Western Chapter, Standards for Nursery Stock by the American Association of Nurserymen, and the American National Standards for tree care operations.

A certified arborist must be on the Service Provider's staff. Although a certified arborist does not have to be onsite at all times, a certified arborist must be on-call and available to answer questions as they arise.
2-3 Estimated Annual Volume of Work. The estimated base annual volume of work is $226,000 plus extra services estimated at $100,000 for a total annual contract amount of $326,000.

Section 3: Pruning Services
The average number of trees in a grid is 1,880. There are five grids in the City limits. See Exhibit 2 - City Grid Pruning Zones Map.
3-1 Types of Pruning Services.
3-1.1 Scheduled Service. The Service Provider will furnish scheduled tree pruning service (complete trim) for trees designated by the City at the execution of the agreement. After executing of the agreement, City may add or delete other trees within the specified grids or within designated parks, at the same bid price.
3-1.2 Unscheduled Service. The Service Provider will also provide, if required by the City, unscheduled tree pruning. The City will provide at least 24-hour notice for unscheduled pruning. Crew and equipment shall consist of 2 workers, 1 of which is an ISA Certified Tree Worker, truck, and chipper plus all necessary pruning tools. The City may increase or decrease the quantity of these services at the same bid price. 3-1.3 Emergency Service. The Service Provider will also respond to emergency calls for service at any and all times day or night during the term of this agreement within (3) hours of 13 Updated: July 2022

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DocuSlgn Envelope ID: 5D741AE3-F3A4-4B57-AE42-3EC1188FFBE5 being notified. Crew and equipment shall consist of 2 workers, 1 of which is an ISA Certified Tree Worker, truck, and chipper, plus all necessary pruning tools. 3-2 Work Schedule. The Service Provider shall perform the activities as outlined by the Director of Public Services Tree Trimming/Maintenance Contract work schedule. Said schedule must show the dates of the expected start and completion of the various items of the contract work. During a scheduling conference between the Service Provider and the Director of Public Services or designee, the work schedule will be discussed and modified, if necessary, by mutual agreement. The Service Provider will cease all grid and park tree pruning once the designated number of trees has been pruned. 3-3 Temporary Stoppage of Tree Trimming/Maintenance Activities. The Director of Public Services shall have the authority to suspend the contract work, wholly or in part, for such a period of time as the Director may deem necessary, due to unsuitable weather, or to such other conditions as the Director considers unfavorable for the proper execution of the work, or for such time as the Director may deem necessary due to failure on the part of the Service Provider or Service Provider's workers to carry out orders or to perform any of the requirements of the contract. The Service Provider shall immediately comply with such an order from the Director of Public Services and shall not resume operations until so ordered in writing.
3-4 Extra Work. Extra work, when requested in writing by the Director of Public Services and accepted by the Service Provider, shall be paid for under written work order in accordance with the terms therein provided. Payment for extra work will be made at the unit price or lump sum previously agreed upon between the Service Provider and the Director of Public Services.

All extra work shall be adjusted daily upon report sheets prepared for the Director of Public Services or designee, furnished by the Service Provider and signed by both parties, and said daily report shall be considered thereafter the true records of extra work done. 3-5 Authority of the Director of Public Services. The Director of Public Services shall decide any and all questions that may arise as to the quality and acceptability of materials furnished and work performed as to the manner of performance and rate of progress of the work, and any and all questions which may arise as to the interpretation of the plans and specifications. The Director of Public Services shall likewise decide any and all questions as to the acceptable fulfillment of the contract on the part of the Service Provider, and all questions as to claims and compensations. The decision of the Director of Public Services shall be final, and he shall have relative authority to enforce and make effective such decisions and actions as the Service Provider fails to carry out promptly.

For the purposes of routine and normal supervision and coordination of work the Director of Public Services is the City's authorized representative for all work within the scope of this agreement.
3-6 Interpretation of Specifications. Should it appear that the work to be done or any matter relative thereto, is not sufficiently detailed or explained in the specifications, the Service Provider shall request the Director of Public Services for such further explanation as may be necessary, and shall conform to such explanation or interpretation as part of the contract, so far as may be consistent with the intent of the original specifications. 3-7 Removal of Defective or Unauthorized Work. It is the intent of the specifications that only first-class work, materials and workmanship will be acceptable. All work which is 14 Updated: July 2022

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Do cu Sign Envelope ID: 50741 AE3-F3A4-4B57-AE42-3EC 1188FFBE5 defective in its construction or deficient in any of the requirements of the specifications shall be remedied or removed and replaced by the Service Provider in an acceptable manner, and no compensation will be allowed for such correction. Any work done beyond the lines shown on the plans or established by the Director of Public Services, or any extra work done without written authority will be considered as unauthorized and will not be paid for. Upon failure on the part of the Service Provider to comply forthwith with any order of the Director of Public Services made under the provisions of this paragraph, the Director of Public Services shall have authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs thereof from any moneys due or to become due the Service Provider. Damage done to trees as a result of pruning practices not in compliance with the specifications shall result in replacement of the tree by the Service Provider with no additional compensation. A similar size tree will be provided and planted (up to 48" box).
3-8 Sound and Vibration Control Requirements. The Service Provider shall comply with all local sound control and noise level rules, regulations and ordinances. No internal combustion engine shall operate on the project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage, the Service Provider shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including, but not limited to truck, transit mixers or transit equipment that may or may not be owned by the Service Provider. 3-9 Air and Water Pollution Control. Service Provider shall comply with all air pollution control rules, regulations, ordinances and statues. All containers of paint, thinner, during compound, solvent or liquid asphalt shall be labeled to indicate the contents, fully complying with the applicable material requirements. The Service Provider shall comply with the provisions of the Clean Air Act, as amended (42 W.S.C. 1957 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et. Seq.) and the regulations there under (40 C.F.R. part 15).

The Service Provider shall follow the appropriate best management practices contained in the California Storm Water Best Management Practice Handbook, which is available from the Santa Clara Valley Water District Non-Point Source Program. 3-10 Cleaning up. Upon completion of the scheduled work or at the end of the day, whatever occurs first, the Service Provider shall clean all the streets and grounds occupied by Service Provider in connection with the project, of all rubbish, debris, excess material, temporary structures and equipment, leaving the entire site of the work in a neat and presentable condition.
3-11 Public Convenience and Public Safety.

A. Attention is directed to Sections 7-1.03 and 7-1.04 of the Standard Specifications and the Manual of Warning Signs, Lights and Devices for Use in Performing Work upon Highways, published by the California Department of Transportation.

Full compensation for conforming to the requirements of Sections 7-1.03 and 7-1.04 of the Standard Specifications, the above referenced Caltrans Manual and these Special Provisions not otherwise provided for, shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed thereof. 15 Updated: July 2022

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DocuSign Envelope ID: 5D7 41AE3-F3A4-4857-AE42-3EC1188FFBE5 B. Warning and Protection Devices: The Service Provider will be responsible for providing, placing and maintaining approved signs, barricades, pedestals, flashers, delineators, fences, barriers, arrow boards and flagmen where needed, and other necessary facilities in the vicinity of the maintenance area and where any dangerous conditions may be encountered as a result thereof, for the protection of the motoring public. The Service Provider will not be allowed to proceed with the work until such time that a sufficient number of these protection devices have been delivered to the project site. Where parked vehicles are likely to interfere with the proposed work, the Service Provider will supply and post at no less than 200' intervals on each side of the street "Temporary No Parking" signs 48 hours before the start of construction and to report the time of posting to the City's Police Department for the purpose of establishing "Tow Away" provisions. The Service Provider shall be responsible for the removal of the temporary signs upon the completion of the Work. All signs shall be kept graffiti free at all times.

Should the Service Provider appear neglectful in furnishing warning and protection devices as outlines above, the Director of Public Services may direct attention to the existence of a hazard and the necessity of additional or different measures which shall be furnished and installed by the Service Provider at Service Provider's own expense, free of any cost to the City. Should the Service Provider refuse or fail to act in a timely manner to correct a hazardous condition, the Director of Public Services may direct City forces to provide the necessary protective and warning devices as deemed appropriate by the Director of Public Services.

The cost accrued by the City in connection therewith will be deducted from the Service Provider's contract payment. Any action or inaction on the part of the City in directing attention to the inadequacy of warning and protective measures or in providing additional protective warning devices shall not relieve the Service Provider from responsibility for public safety or abrogate Service Provider's obligation to furnish and pay for these devices.

The Service Provider shall submit any and all work schedules and/or traffic control plans to the Director of Public Services for approval as needed. 3-12 Construction Yard. It shall be the Service Provider's responsibility to locate any storage sites for materials and equipment needed and such sites either located on public or private property must be approved in advance by the Director of Public Services.

When storage sites are to be located upon private property, the Service Provider shall be required to submit to the Director of Public Services, written approval from the record owner authorizing the use of the property by the Service Provider. 3-13 Equipment Requirements. Prior to beginning of Service Provider operations, the Service Provider shall furnish a current list indicating the equipment to be used for the project.

All equipment shall be in safe and working condition. Prior to the beginning of aerial operations, the Service Provider shall furnish, at no cost to the City, current certification for all aerial devices to be used in the completion of contract operations.

If special equipment is required such as a crane or loader, it will be charged per hour or per job as long as it is consistent and detailed in the job proposal and the related invoice. 16 Updated: July 2022

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DocuSign Envelope ID: 5O741AE3-F3A4-4B57-AE42-3EC1188FFBES 3-14 Preservation of Property. Existing improvements in areas adjoining the property whereon tree pruning work is being performed shall be protected from injury or damage resulting from operations of the Service Provider.
3-15 Emergency Work.

A. Emergency Response - The Service Provider shall have the capability to receive and to respond immediately to calls of an emergency nature during normal working hours and during hours outside of normal working hours. Calls of an emergency nature received by the City shall be referred to the Service Provider for immediate disposition.

B. Emergency Work - In the event that emergency work is required, the Service Provider shall notify the Director of Public Services or representative by telephone in advance before any emergency work is commenced. Non-emergency maintenance work requires written approval before the work is performed.

C. Emergency Personnel - In situations involving an emergency after normal work hours, the Service Provider shall dispatch qualified personnel and equipment to reach the site within three (3) hours. Service Provider's vehicle shall carry sufficient equipment to effect safe control of traffic. When the Service Provider arrives at the site, the Service Provider shall set up traffic warning and control devices, if deemed necessary, and proceed to accomplish the necessary work.

The Service Provider shall supply the City with name(s) and telephone number(s) of responsible person(s) representing the Service Provider for twenty-four (24) hour emergency response. The above-mentioned information shall remain current at all times. Any changes shall be forwarded to the City in writing within twelve (12) hours of any such change. Failure to maintain emergency information current shall result in a $200.00 penalty for each occurrence.

D. Service Provider's Response - The Service Provider must maintain telephone service so that all calls from the City to the Service Provider have no toll charge. Failure to respond by telephone or in person within one (1) hour of the City's attempt to contact the Service Provider's representative may result in a $200.00 penalty per incident. Failure to respond at any level will subject the Service Provider to any primary or secondary costs arising from said emergencies.

E. Complaint Requests - The Service Provider must correct all complaint requests within twenty-four (24) hours. Failure to respond/correct as requested may result in termination of the contract.
3-16 Pruning Standards. All trimming/maintenance work shall be in accordance with pruning standards as established by the latest edition of the International Society of Arboriculture Western Chapter. In all cases, the Director of Public Services shall have complete and sole discretion in determining conformance and acceptability of trees trimmed by the Service Provider. Trimmed trees rejected by the Director of Public Services shall be excluded from payment and may need to be replaced per Section 3-7.

A. All trees, large and small, shall be given a complete trim by grid and park area (see specifications for "Complete Trim"). The lists for grid pruning are typically scheduled in the same geographic area, and therefore the size or need of the tree is not taken into account when generating the list. If there are small trees, or other conditions that could be an 17 Updated: July 2022

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DocuSign Envelope ID: 5D741 AE3-F3A4-4B57-AE42-3EC 1188FFBE5 exception, the City could remove the tree from the list if it is brought forward to the Maintenance Manager and (s)he approves the request to remove it from the scheduled list for that year.

B. Service Provider shall comply with Standards of CAL OSHA and the American National Standard Institute Safety Requirements.

C. The Service Provider shall exercise precautions as necessary when working adjacent to aerial and subterranean utilities. In the event that aerial utility wires present a hazard to the Service Provider's personnel or others near the work site, work is to immediately cease, and the appropriate utility company notified. Work shall then commence in accordance with instructions from the utility company. In the event that work causes excavation, Service Provider is responsible for appropriate notification of Underground Service Alert (USA).

D. No hooks, gaffs, spurs or climbers will be used by anyone employed for such trimming.

Any vine plant growing on trees shall be removed at ground level.

E. Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a manner to promote fast callous growth.

F. Unless otherwise approved, trees are to be trimmed block by block, subject to the instructions of the Director of Public Services or authorized representative.

G. Service Provider shall maintain at least one (1) English speaking ISA Certified Tree Worker, on-site, at all times. The Certified Tree Worker can be either specialty, aerial or climber.

H. When trimming fungus, disease or fire blight infected limbs or fronds, all pruning tools shall be cleaned after each cut with alcohol or bleach.

I. Topping shall not be done without prior approval of the City.

J. For trees that require more than a "full trim," for example pruning for crown reduction or crown restoration, the work will be charged through a crew rental charge (agreed upon hourly pricing prior to any work starting). It can be time and material or negotiated price for this type of service.
3-17 Specifications for Complete Trim.

A. Low branches overhanging streets shall be removed, where practical, to a minimum height above the street grade to fifteen feet (15'). Low branches overhanging sidewalks and parkway shall be removed to a minimum height of seven feet (7') and without detracting from the natural shape of the tree.

B. Shorten the length of limbs which extend beyond the natural perimeter of an otherwise symmetrical form.

C. Prune end branches to lighten end weight where such overburden appears likely to cause breakage of limbs. Remove cross limbs, water sprouts and suckers. Perform crown reduction to ISA Specifications to approximately a 25 percent reduction in total crown size. 18 Updated: July 2022

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DocuSign Envelope ID: 507 41 AE3-F3A4-4B57-AE42-3EC 1188FFBE5 D. All trees on which vines are growing shall have said vines removed. Vine tendrils shall be removed in a manner which will not injure trees or cause scaring of low branches and tree trunks.
3-18 Specifications for Removals
3-18.1 Specifications for Complete Tree Removal
A. Removal of entire tree, stump remaining shall be no higher than four (4) inches above soil grade and shall be removed within 24 hours after tree removal per the unit bid price contained within "Complete Tree Removal."
B. Work shall begin within 10 days after each request and be diligently pursued until completion.

C. Service Provider shall make all arrangements necessary to have power or utility lines temporarily disconnected if necessary, for the safe removal of the tree.

D. When the removal requires special or additional means, there shall be no additional units or overall cost to the City without the authorization of the Director of Public Services. 3-18.2 Tree Stump Removal
A. Type of Work: Provide complete tree stump and surface root removal.

B. Specifications for stump and surface root removal:

1. Removal of entire stump or grinding to a depth of 12 inches below average soil grade or deeper if specified by the Director of Public Services.

2. Removal of all lateral surface roots to a depth of 8 inches (8") below grade. sidewalk.
a) When sidewalk is present, remove all surface roots between the curb and b) When no sidewalk is present, remove surface roots.
c) Backfill material shall be compacted to provide for minimal settling. It shall consist of an equal mixture of soil and stumped material which shall be three (3) inches above grade to provide for any soil settlement.
3-19 Climbing Techniques. Climbing and pruning practices should not injure the tree except for the pruning cuts.

Climbing spurs shall not be used when pruning a tree unless the branches are more than the throw-line distance apart. In such cases, the spurs should be removed once the climber is tied in.

Spurs may be used to reach an injured climber and when removing tree.

Rope injury to thin barked trees from loading out heavy limbs should be avoided by installing a block in the tree to carry the load.
19 Updated: July 2022

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DocuSign Envelope ID: 5O741AE3-F3A4-4B57-AE42-3EC 1188FFBE5 3-20 Competing Plant Materials. Competing plant material or plant material clinging to trunk, such as Ivy, volunteer trees, or woody shrubs shall be removed to provide a clear area of at least 18", but not more than 24" around the trunk of the tree, and the root crown. 3-21 Tree Specifications. If applicable, each replacement tree shall be selected in accordance with the standards set forth in the American Standard for Nursery Stock. 3-22 Tree Stakes and Ties. If applicable, tree stakes shall be 3" diameter pressure treated wood poles. Tree ties shall be "VIT" twist brace ties in 18" or 24" lengths. 3-23 Disposal of Material. Excavation material determined as unsuitable fill material by the Director of Public Services shall become the property of the Service Provider and shall be legally disposed of outside the site of the work by and at the expense of the Service Provider.

The Service Provider is required to recycle all green waste material generated from its operations, unless the Director of Public Services desires the material to be stock piled.

Green waste receipts are required and are to be submitted for material. 3-24 Public Convenience. Service Provider shall perform all tree trimming/maintenance operations in such a manner as to cause as little inconvenience as possible to abutting property owners. Convenient access to driveways, houses and buildings along the line of the work shall be maintained at least each morning and evening and temporary approaches to crossings or intersecting streets shall be provided and kept in good condition. 3-25 Tree Inventory. The City has a current tree inventory, and the selected Service Provider shall ensure that the tree inventory remains up to date. Service Provider to provide, operate, and maintain a web-based computerized tree inventory system that includes an interactive map display of the tree inventory and the ability to search inventory for trees by address. City users of the system will have the ability to export data from the system into GIS shape file format and comma-separated values (.csv) or Microsoft Excel (.xlsx) file formats.

Tree data will include both tree inventory and tree work history. Data fields include tree latitude/longitude, service dates and service request information, current health of tree, tree size, crown height, diameter at breast height (DBH), botanical and common names, current value of tree and other relevant information as supplied by the City. Service Provider will not be required to perform a new tree inventory at the beginning of the contract but will instead be responsible for importing data from the current tree inventory. The City will provide the legacy tree inventory data to the vendor in comma-separated values files (.csv), GIS shape file(.shp) and Excel file (.xlsx) format to be maintained in the Service Provider's web-based computerized tree inventory system.

The Service Provider shall update tree inventory within one month after any work is performed to reflect:
• changes in baseline data (e.g. condition, height, DBH); • current photo;
• recommended corrections; to reflect work performed
• tree removal;
• tree planting;
• pruning;
• emergency response work; and
• other related data
20 Updated: July 2022

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DocuSign Envelope ID: 5D741AE3-F3A4-4B57-AE42-3EC1188FFBE5 The system shall be capable of maintaining and displaying all past work histories and list potential future work for all tree sites in the inventory. A preferred feature of the tree inventory system is the ability to request a work order for specific trees via the web-based program. 3-26 Quality Control Program. Service Provider shall provide the City with a copy of their quality control program. This program shall address how the Service Provider will address citizen concerns; communicate with the City and Service Provider's employees. This program shall also include the Service Provider's methods for ensuring that work is completed in a satisfactory manner and that adequate follow-up work is accomplished. The City or its designated representative, shall at all times, have access to the work and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship, and character of materials and equipment used and employed in the work. 3-27 Pictures. Service Provider is to supply representative of "Before and After" trimming pictures that are suitable for reproduction when requested by the City. 3-28 Tree Planting. Service Provider to follow the guidelines as outlined in the City's Standard Tree Planting and Staking (L-17) standards and Tree Root Barrier (L-18) standards.

There is no tree establishment period, however, there is a 90-day warranty for the workmanship and health of the nursery stock for newly planted trees. If a tree failure is a result of vandalism, trauma or irrigation failures, however, the warranty shall not apply. 3-29 Property Damage. Service Provider shall be responsible for any and all damage to public and private property including driveway, fences, plants, shrubs, irrigation, etc. Service Provider shall replace with new material or correct any damaged property to the satisfaction of the City Maintenance Manager or his/her designee. The Service Provider shall be responsible for all costs related to replacement and correction of all incidental damages that occur during the course of work and no additional compensation will be allowed. 21 Updated: July 2022

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DocuSign Envelope ID: 5D741AE3-F3A4-4B57-AE42-3EC1188FFBE5

EXHIBIT B

SCHEDULE OF COMPENSATION RATES
The breakdown of costs for the two-year tree maintenance services agreement is listed below.

Also attached is the Schedule of Compensation for the individual line items per West Coast Arborists, Inc's cost proposal dated July 15, 2022.

ITEM AMOUNT
Street Tree Maintenance and Safety Pruning $ 89,000.00
Street Tree Grid Pruning $100,000.00
Park Tree Safety Pruning $ 25,000.00
Park Tree Grid Pruning $ 12,000.00
Other Extra Services $100,000.00
TOT AL ANNUAL AMOUNT $326,000.00
TOTAL TWO-YEAR AMOUNT $652,000.00
22 Updated: July 2022

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DocuSign Envelope ID: 5D741AE3-F3A4-4B57-AE42-3EC 1188FFBE5 ITEM

1. 2.

A
B
C
D
E
3-A
3-B
4 5-A
EXHIBIT B - Continued

SCHEDULE OF COMPENSATION RATES
WEST COAST ARBORISTS, INC.

COST PROPOSAL SCHEDULE dated July 15, 2022

DESCRIPTION
Residential Grid and Park Pruning
(small, medium, and large trees)
Full Trim Based on Service or
Special Requests
0'' - 6
11 dbh (diameter at
breast height)
7" -12" dbh
13" -18" dbh
19'' - 24'' dbh
25" and over dbh
Complete Tree/ Removal- Under
36"
(including stump/roots)
Complete Tree / Removal -Over
36"
(including stump/roots)
Stump Removal (including roots)
Tree Planting - 15-gallon tree '"'rith
linear root barrier

REFERENCE UNIT
3-16, 3-17 Per tree
3-17 Per tree
3-17 Per tree
3-17 Per tree
3-17 Per tree
3-17 Per tree
3-18.1 Per DBH
( diameter at
breast
height)
3-18.1 Per DBH
(diameter at
breast
height)
3-18.2 Per
diameter
inch
3-28 Per b·ee
UNIT
PRICE
$ 94.00
$ 94.00
$174.00
$274.00
$274.00
$ 274.00
.$45.00
$45.00
$ 18.00
$ 325.00

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DocuSign Envelope ID: 5D741AE3-F3A4-4B57-AE42-3EC1188FFBE5 5-B Tree Planting - 15-gallon tree 3-28 Per tree $ 250.00 without root barrier
5-C Tree Planting - 24-inch box tree 3-28 Per tree $495.00 ·with linear root barrier

6. Evaluations by certified arborist Hourly $119.00
witb. verbal reconunendations

7. Tree Watering (per half day) Per½ day $ 500.00
8 Crew Rental
8-A 3 crew members ,vith truck & 3-13 Hourly $ 300.00
equipment
(regular time)
8-B 3 crew members ,,vith. truck & 3-13, 3-15 Hourly $ 360.00 equipment
( emergency response)
9 Cost to Spread Arbor Mulch per Addendum Per $4.00
square foot #2 Square
Foot

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DocuSign Envelope ID: 5D741 AE3-F3A4-4B57-AE42-3EC 1188FFBE5 Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com

COOPERATIVE PURCHASING
It is intended that other public agencies (i.e., city, county, school district, special district, public authority, public agency, and other political sub-division of the State of California) and/or other City departments shall have the option to participate in any agreement created because of this Request for Proposal with the same terms and conditions as to the price of the product and/or service. The City shall incur no financial responsibility in connection with a purchase order from another public agency. Any public agency that "piggy-backs" on any negotiated contract between the City and Contractor shall accept sole responsibility for negotiating, placing orders, and making payment to Contractor. The Contractor may or may not agree to the cooperative purchasing clause. It is understood that not all terms, conditions, or scope of work from one agency contract for tree maintenance may not be fully acceptable to another agency. Agencies may modify specific ilems for the purpose of making Lhe agreement acceptable and agreeable.

West Coast Arborists, Inc.
2200 E. Via Burton • Anaheim, California 92806 • 714.991.1900 • 800.521.3714 • Fax 714.956.37 45

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DocuSign Envelope ID: 507 41AE3-F3A4-4857-AE42-3EC1188FFBE5

EXHIBIT C

SCHEDULE OF PERFORMANCE
All work shall be planned in advance on a schedule to be agreed upon by the CITY and SERVICE PROVIDER.
23 Updated: July 2022

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6 CITY COUNCIL STAFF REPORT
MEETING DATE: April 24, 2024
PREPARED BY:

Michelle Bigelow, City Clerk
APPROVED BY: City Manager
APPROVE AN AGREEMENT WITH SOLUTIONZ, INC. FOR THE

PURCHASE AND INSTALLATION OF THE COUNCIL CHAMBER

AUDIO/ VISUAL EQUIPMENT REPLACEMENT AND UPGRADES IN
THE AMOUNT OF $465,103 AND A 10% CONTINGENCY NOT TO
EXCEED $46,510

RECOMMENDATION(S)

1. Approve an agreement with Solutionz, Inc. for Council Chamber Audio/Visual Equipment Replacement and Upgrades in the amount of $465,103 and a 10% contingency not to exceed $46,510;

2. Authorize the City Manager to execute and administer the consultant agreement with Solutionz, Inc.; and

3. Adopt resolution amending the FY 2023-24 Information Systems Fund (Fund 730) Budget to appropriate $256,612.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Maintaining and Enhancing Infrastructure
Fostering a Positive Organizational Culture
Preserving and Cultivating Public Trust
Enhancing Diversity and Inclusiveness
2024-2025 Strategic Priorities
Fiscal Sustainability
Community Engagement
REPORT NARRATIVE:

The most recent Council Chamber project included a complete remodel and installation of all new audio/video (A/V) equipment and was completed in 2014. The A/V equipment necessary for the operation of Council and commission meetings is well past its end of life and in need of replacement. Several pieces of equipment and operations are functioning with temporary fixes as we can no longer get support or replace many pieces of equipment. As per our ongoing evaluation of A/V equipment needs, it has become imperative to address the replacement and upgrade of our existing

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6 infrastructure. The current equipment has served us well. However, obsolete equipment and technology, technological advancements, and evolving requirements necessitate an upgrade to ensure optimal performance and meet our organizational objectives and community expectations. Staff recommends a sole-source purchase of A/V infrastructure and equipment. In our evaluation of audio/video equipment needs, it's evident that replacing and upgrading our existing infrastructure is essential to meet evolving requirements and ensure optimal performance.

In addition to completely overhauling the Council Chamber A/V system, here is a list of improvements and upgrades that are included in the project:
• High-definition video production for livestream broadcast and Zoom. • Complete audio system refresh, including a discussion microphone system, allowing for added flexibility with workshop setups.
• An assistive listening system provides two ways for people to listen: they can use a device provided to them at the meeting or their cell phone or tablet. • In addition to all new cameras, two new cameras will be installed to improve the video for those watching remotely.
• The new system will include automation features for a better overall video product.
• A speaker timer that is built into the broadcast feed. • A character generator that allows text and graphics to be added to the broadcast, such as a list of agenda items, meeting dates, etc.
• Installation of new A/V equipment, including all new cabling, mic, HDMI inputs, etc.
• New laser projectors will be used to improve the viewability of the presentation screens.
• Touchscreen monitors at each seat at the dais allowing the council members and commissioners to see presentations and videos more easily.

Section 3.04.140 - Competitive bid purchases over twenty-five thousand dollars and up to the amount authorized to be performed by the employees of a public agency for public projects per the State of California's Uniform Public Construction Cost Accounting Act states that the city manager may elect to make any purchase in any amount (except as the laws of the state otherwise require) in the following cases:
• By city manager approval upon a determination that competitive bids upon notice would not likely result in a lower price to the city from a responsible bidder or would cause unnecessary expense or delay under the circumstances. This report recommends the sole source purchase of A/V equipment replacement and upgrades from Solutionz Inc. due to several factors aligned with our procurement policies for such situations.

Justification for Sole Source Purchase:

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6 • Established Relationship: Solutionz Inc. has been our trusted vendor for a considerable time, and we have fostered a strong working relationship with them.

This familiarity with our organization's needs and processes streamlines communication and ensures efficient project execution.
• Excellent Customer Service: Solutionz Inc. has consistently demonstrated a commitment to excellent customer service over the last decade. Their responsiveness, technical expertise, and willingness to promptly address concerns have been commendable.
• Unique and Specialized Work: The nature of this project involves unique and specialized requirements that align closely with Solutionz Inc.'s expertise. Their prior experience installing our current infrastructure positions them as the most suitable vendor to undertake this task seamlessly.
• Cost and Time Considerations: Given the specialized nature of the work and Solutionz Inc.'s intimate knowledge of our setup, soliciting bids from multiple vendors is unlikely to result in cost savings. Moreover, the procurement process itself would consume valuable time, delaying the implementation of necessary upgrades.
• Risk Mitigation: Engaging another vendor could introduce risks such as incompatible equipment, additional integration work, or unforeseen expenses.

Solutionz Inc.'s proposal includes comprehensive upgrades that align with our requirements, minimizing the likelihood of unexpected costs or complications.

Solutionz Inc., the current vendor with whom we've fostered a strong working relationship, is uniquely positioned to undertake this specialized task seamlessly. Their consistent commitment to excellent customer service, coupled with their prior experience in installing our current infrastructure, aligns closely with our project requirements. Given the specialized nature of the work and Solutionz Inc.'s intimate knowledge of our setup, soliciting bids from multiple vendors is unlikely to result in cost savings and would delay necessary upgrades. Engaging another vendor could introduce risks such as incompatible equipment or unforeseen expenses, whereas Solutionz Inc.'s proposal includes comprehensive upgrades that minimize the likelihood of unexpected costs or complications. Therefore, it is recommended that we proceed with a sole source purchase from Solutionz Inc. for the replacement and upgrade of our audio/video equipment, as their proven track record, expertise, and understanding of our organization's needs make them the optimal choice for ensuring a successful project outcome.

COMMUNITY ENGAGEMENT:

This report serves to inform the community of the City's Council Chamber Audio/Visual Equipment replacement and upgrade.

ALTERNATIVE ACTIONS:

Council could direct staff to solicit bids for the Council Chamber A/V replacement and upgrade project, which could result in a significant delay to the project.

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6 PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

None.

FISCAL AND RESOURCE IMPACT:
$75,000 will be funded from the Public Facilities Impact Fee Fund (347); $180,000 will be funded from the General Fund (010); and $256,612 will be funded from the Information Systems Fund (730) for a total project cost, including a 10% contingency of $511,612. There is sufficient funding available in the current budget for the Public Facilities Impact Fee Fund and the General Fund. A budget adjustment in the amount of $256,612 is needed for the Information Systems Fund.

CEQA (California Environmental Quality Act):

Not a project. The project includes the purchase and installation of A/V equipment, which does not have the potential to directly affect the physical environment.

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1 Updated: April 2024

AGREEMENT FOR COUNCIL CHAMBER AUDIO VISUAL

REPLACEMENT AND UPGRADES
THIS AGREEMENT is entered into and becomes effective on _______________ (Effective Date), by and between the CITY OF MORGAN HILL, a municipal corporation, ("CITY"), and Solutionz, Inc. a California corporation ("SERVICE PROVIDER") hereinafter referred to collectively as “Parties.” In consideration of the promises and the mutual covenants contained in this Agreement, the Parties agree as follows:

1. City Authority. This Agreement is entered into pursuant to the action of the Morgan Hill City Council taken on ___________, ____, 20___.

2. Term of Agreement. This Agreement shall cover services rendered from the Effective Date of this Agreement until December 31, 2024 at which time SERVICE PROVIDER’S services shall be completed. The City Manager is authorized to extend the term of this Agreement for a maximum period of one year. Any such extension shall be in writing and signed by both Parties to this Agreement.

3. Scope of Service. The services to be performed by SERVICE PROVIDER shall be council chamber audio visual replacement and upgrades as further described in Exhibit A.

4. Compensation. SERVICE PROVIDER shall be compensated as follows:

4.1. Amount. $465,102.56. Total compensation to SERVICE PROVIDER under this Agreement during its initial term set forth in Section 2 above shall not exceed four hundred and sixty five thousand one hundred and two dollars and fifty six cents and shall be billed based on the rate and basis set forth in Exhibit B. If the City Manager extends the term of this Agreement for up to one year pursuant to the provisions of Section 2 above, the City Manager shall have the authority to increase the maximum compensation allowed to be paid to SERVICE PROVIDER during that extended term period, so long as City Council has appropriated sufficient funds therefor, the Parties mutually agree to such amount in a writing signed by both Parties to this Agreement and provided further that in no event shall such maximum compensation allowed for the extended term exceed 105% of the maximum compensation allowed to be paid to SERVICE PROVIDER for one year of service during the initial term of this Agreement.

4.2. Billing. SERVICE PROVIDER shall provide CITY with an invoice containing the dated, detailed, and itemized descriptions of all services performed and expenses incurred (if such expenses are reimbursable pursuant to Exhibit B) by SERVICE PROVIDER on a monthly basis unless otherwise specified in Exhibit B. All invoices shall be sent to the CITY addressed to the department head or project manager identified below in Section 14 Notices. Payment will be made to SERVICE PROVIDER within thirty (30) days of receipt of invoice by CITY. Any rate charged shall be prorated where services are interrupted or not provided for any rate period (for example, any monthly rate charge should be prorated when services were interrupted or provided for only part of the month). For services billed on an hourly rate, the minimum unit of billed time shall not exceed one tenth of one hour. CITY shall pay for services and expenses (if so provided in Exhibit B) up to the limit of compensation set forth above, that in the CITY’S judgment were necessary and reasonable. Services for work performed and expenses incurred in excess of the total compensation set forth in paragraph 4.1 above shall be at no cost to CITY.

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2 Updated: April 2024

6. Performance of Work. SERVICE PROVIDER represents that it is qualified by virtue of experience, training, education, and expertise to accomplish these services. Services shall be performed by SERVICE PROVIDER in accordance with professional practices in a manner consistent with a level of care, competence and skill exercised by qualified members of SERVICE PROVIDER’S profession. By delivery of completed work, SERVICE PROVIDER certifies that the work conforms to the requirements of this Agreement and all applicable federal, state, and local laws. SERVICE PROVIDER is liable for any property damage caused by SERVICE PROVIDER or its Subcontractors during performance of the services and shall notify the CITY of damage within 24 hours of the occurrence. SERVICE PROVIDER must promptly repair or replace any real or personal property damage and must promptly restore the property to its original or intended condition. CITY may repair or replace the real or personal property damage if SERVICE PROVIDER fails to do so, and the cost of the repairs or replacement may be deducted or offset from any compensation due to SERVICE PROVIDER.

6.1. Schedule. SERVICE PROVIDER shall perform all work and services under this Agreement in conformance with the time schedule set forth on Exhibit C, "Schedule of Performance," attached hereto and incorporated herein by this reference. The City Manager is authorized on behalf of CITY to modify the timeframes set forth on the Schedule of Performance within the term of this Agreement.

6.2. Bond. SERVICE PROVIDER shall provide a performance bond in the amount of the contract.

6.3. Storage of Service Provider’s Equipment. If SERVICE PROVIDER desires to leave or store any of SERVICE PROVIDER’S equipment at a CITY site while SERVICE PROVIDER is performing work or service pursuant to this Agreement, SERVICE PROVIDER will first obtain the consent of the City Manager, or his/her delegate, to do so, and any such storage shall occur only in the manner and location allowed by such CITY official and entirely at SERVICE PROVIDER’S sole risk.

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3 Updated: April 2024
SERVICE PROVIDER shall provide CITY with a complete list of the hazardous materials SERVICE PROVIDER reasonably anticipates it may need to use to provide the services of SERVICE PROVIDER under this Agreement, together with the reasonably anticipated quantities thereof, if requested by CITY.

8. Insurance Requirements. SERVICE PROVIDER shall procure and provide proof of the insurance coverage required by this section in the form of certificates and endorsements. The required insurance must cover the activities of SERVICE PROVIDER, including its subcontractors, employees and agents, relating to or arising from the performance of any work or service under this Agreement, and must remain in full force and effect at all times during the period covered by this Agreement. The coverages may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or “umbrella” policies, provided each such policy complies with the requirements set forth herein. Any deductibles or self-insured retentions must be declared to and approved by City. SERVICE PROVIDER further understands that CITY reserves the right to modify the insurance requirements set forth herein, with thirty (30) days’ notice provided to SERVICE PROVIDER, at any time as deemed necessary to protect the interests of CITY.

8.1. Insurance Types and Amounts.

8.1.1. Commercial General Liability (CGL). SERVICE PROVIDER shall maintain CGL against claims and liabilities for personal injury, death, or property damage providing protection in the minimum amount of: (i) one million dollars ($1,000,000.00) combined single limit for any one accident or occurrence, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

8.1.3. Workers’ Compensation Insurance and Employer’s Liability. SERVICE PROVIDER shall maintain Workers Compensation coverage, as required by law, in the minimum amount of: (i) one million dollars ($1,000,000.00) for any one accident or occurrence, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater. If SERVICE PROVIDER is self-insured, SERVICE PROVIDER shall provide its Certificate of Permission to Self-Insure, duly authorized by the Department of Industrial Relations.

8.1.4. Pollution (Environmental) Liability. If the performance of SERVICE PROVIDER’S work or service under this Agreement involves hazardous materials, contaminated soil disposal, and/or a risk of accidental release of fuel oil, chemicals or other toxic gases or hazardous materials, SERVICE PROVIDER shall procure and maintain Pollution Liability covering the SERVICE PROVIDER’S liability for bodily injury, property damage and environmental

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4 Updated: April 2024
damage resulting from pollution and related cleanup costs arising out of the work or services to be performed under this Agreement. Coverage shall be provided for both work performed on site, as well as during the transport of hazardous materials. Such coverage shall be in the minimum amount of: (i) one million dollars ($1,000,000.00) for any one accident or occurrence, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

8.1.5. Professional Liability.

8.1.5.1. If the performance of SERVICE PROVIDER’S work or service under this Agreement involves professional and/or technical services (examples include, but are not limited to, architects, engineers, land surveyors, and appraisers), SERVICE PROVIDER shall procure and maintain either a claims made or occurrence Errors and Omission liability insurance in the minimum amount of: (i) one million dollars ($1,000,000.00) each claim, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater. Further, if SERVICE PROVIDER maintains a claims-made policy, SERVICE PROVIDER shall provide written evidence of such insurance to CITY for at least five (5) years after the completion of work performed under this Agreement.

8.1.5.2. If the performance of SERVICE PROVIDER’S work or service under this Agreement relates to Information Technology or related services (examples include, but are not limited to computer programmers, software designers, hardware engineers, or other systems consultants), SERVICE PROVIDER shall procure and maintain a claims made Errors and Omission liability insurance, including Cyber Liability and Data Breach, in the minimum amount of: (i) one million dollars ($1,000,000.00) each claim, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

8.1.6. Sexual Abuse/Molestation Liability (SML): If the performance of SERVICE PROVIDER’S work or service under this Agreement involves contact with minors, SERVICE PROVIDER shall procure and maintain Sexual Abuse and Molestation insurance in the minimum amount of: (i) two hundred thousand dollars ($200,000.00) each claim, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

8.2. Endorsements. SERVICE PROVIDER shall provide proof of the following endorsements, listed for each policy for which endorsements are required, as outlined below:

8.2.1. General Liability and pollution liability (when pollution liability applies).

8.2.1.1. “Additionally Insured” - The City of Morgan Hill, its elected or appointed officials, boards, agencies, officers, agents, employees, and

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volunteers are named as additional insureds on a form at least as broad as ISO Form CG 20 10 for ongoing operations.

8.2.1.2. “Waiver of Rights of Subrogation” - The insurer waives the right of subrogation against the City of Morgan Hill and CITY’S elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers; and

8.2.1.3. “Primary and Non-Contributing” - Insurance shall be endorsed to be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as ISO Form CG 20

01. 8.2.2. Workers Compensation.

Because the performance of SERVICE PROVIDER’S work or service under this Agreement involves access to or activity on any property or premises owned or occupied by the CITY, including, but not limited to, SERVICE PROVIDER’S presence during site visits and meetings, then insurer waives the right of subrogation against the City of Morgan Hill and the CITY’S elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers.

Best's financial strength rating of “A” or better and a financial size rating of “VII” or better.

8.4. Certificates. SERVICE PROVIDER shall furnish CITY with copies of all certificates as outlined herein, whether new or modified, promptly upon receipt. In the event of a claim or legal action, SERVICE PROVIDER shall promptly furnish CITY of Morgan Hill with copies of all policies outlined herein. No policy subject to SERVICE PROVIDER’S agreement with CITY shall be canceled or materially changed except after thirty (30) days' notice by the insurer to CITY. A "material change" is a change that results in noncompliance with any insurance requirements in this section 8. Certificates, including renewal certificates, may be mailed electronically to [email protected] or delivered to the Certificate Holder address provided herein.

Certificate Holder address:

City of Morgan Hill
Attn: Risk Management
17575 Peak Avenue
Morgan Hill, CA 95037

9. Non-Liability of Officials and Employees of CITY. No official or employee of CITY shall be personally liable for any default or liability under this Agreement.

10. Compliance with Law.

10.1. SERVICE PROVIDER and its officers, employees, agents, and subcontractors shall comply with all applicable laws, ordinances, administrative regulations, and permitting requirements in carrying out their obligations under this Agreement. SERVICE PROVIDER and its officers, employees, agents, and subcontractors covenant there shall

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be no discrimination based upon any basis prohibited by State or Federal law, including but not limited to, race, color, creed, religion, gender, marital status, age, sexual orientation, national origin, mental disability, physical disability, medical condition, or ancestry, in any activity pursuant to this Agreement.

10.2. For installation labor, without limiting the provisions of Section 10.1 above, each worker performing work under this Agreement shall be paid at a rate not less than the prevailing wage as defined in Sections 1771 and 1774 of the Labor Code. The prevailing wage rates are available online at http://www.dir.ca.gov/dlsr. SERVICE PROVIDER shall post a copy of the applicable prevailing rates at the Worksite. Pursuant to Labor Code Section 1775, SERVICE PROVIDER and any Subcontractor shall forfeit to CITY as a penalty up to two hundred dollars ($200.00) for each calendar day, or portion thereof, for each worker paid less than the applicable prevailing wage rate. SERVICE PROVIDER shall also pay each worker the difference between the applicable prevailing wage rate and the amount actually paid to that worker.

10.4. Compliance with Wage and Hour Laws: SERVICE PROVIDER, and any subcontractor it employs to complete work under this Agreement, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act and the California Labor Code.

Final Judgments, Decisions, and Orders: For purposes of this Section, a “final judgment, decision, or order” refers to one for which all appeals have been exhausted or the time to appeal has expired. Relevant investigatory government agencies include: the federal Department of Labor, the California Division of Labor Standards Enforcement, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.

Prior Judgments against SERVICE PROVIDER and/or its Subcontractors: BY SIGNING

THIS AGREEMENT, SERVICE PROVIDER AFFIRMS THAT IT HAS DISCLOSED ANY

FINAL JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR
INVESTIGATORY GOVERNMENT AGENCY FINDING – IN THE FIVE (5) YEARS PRIOR TO EXECUTING THIS AGREEMENT – THAT SERVICE PROVIDER OR ITS SUBCONTRACTOR(S) HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS.

SERVICE PROVIDER FURTHER AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S) HAS SATISFIED AND COMPLIED WITH – OR HAS REACHED AGREEMENT WITH THE CITY REGARDING THE MANNER IN WHICH IT WILL SATISFY – ANY SUCH JUDGMENTS, DECISIONS OR ORDERS.

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disclosed, SERVICE PROVIDER shall inform the City Attorney, no more than fifteen (15) days after the judgment, decision or order becomes final or of learning of the final judgment, decision or order. SERVICE PROVIDER and its subcontractors shall promptly satisfy and comply with any such judgment, decision, or order, and shall provide the City Attorney with documentary evidence of compliance with the final judgment, decision or order within five (5) days of satisfying the final judgment, decision or order. CITY reserves the right to require SERVICE PROVIDER to enter into an agreement with CITY regarding the manner in which any such final judgment, decision, or order will be satisfied.

City’s Right to Withhold Payment: Where SERVICE PROVIDER or any subcontractor it employs to perform work under this Agreement has been found in violation of any applicable wage and hour law by a final judgment, decision or order of a court or government agency, CITY reserves the right to withhold payment to SERVICE PROVIDER until such judgment, decision or order has been satisfied in full.

11. Independent Contractor. SERVICE PROVIDER is an independent contractor and not an agent or employee of CITY.

12. Confidentiality. All data, documents, or other information received by SERVICE PROVIDER from CITY or prepared in connection with SERVICE PROVIDER’S services under this Agreement are deemed confidential and shall not be disclosed to any third party by SERVICE PROVIDER without prior written consent by CITY.

13. Conflict of Interest and Reporting. SERVICE PROVIDER shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement.

Address of SERVICE PROVIDER is as follows:

Solutionz, Inc.

Stephen Spears
1029 N. Swarthmore Ave.

Pacific Palisades, California 90272

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Address of CITY is as follows:

Michelle Bigelow
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
with a copy to:

City Clerk
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037

15. Licenses, Permits and Fees. SERVICE PROVIDER shall obtain a City of Morgan Hill Business License, all permits and licenses to the extent required by ordinances, codes and regulations of the federal, state and local government.

16. Service Provider’s Proposal. If applicable, this Agreement shall include SERVICE PROVIDER'S proposal or bid which is incorporated herein. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.

17. Maintenance of Records.

17.2. Access to and Audit of Records. CITY shall have the right to examine, monitor and audit all records, documents, conditions, and activities of SERVICE PROVIDER and its subcontractors related to services under this Agreement. Pursuant to Government Code Section 8546.7, if this Agreement involves the expenditure of public funds in excess of $10,000, the Parties to this Agreement may be subject, at the request of CITY or as part of any audit of CITY, to the examination and audit of the State Auditor pertaining to matters connected with the performance of this Agreement for a period of three years after final payment under the Agreement.

19. Time of Essence. Time is of the essence in the performance of this Agreement.

20. No Assignment. Neither this Agreement nor any portion shall be assigned by SERVICE PROVIDER, without prior written consent of CITY. Any attempted assignment not first approved by

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CITY shall be void and, at CITY’S option, shall terminate this Agreement effective as of the date of such attempted assignment.

22. Defense and Indemnification.

22.1. Defense and Indemnification for Design Professional Services. Consistent with California Civil Code Section 2782.8, for design professional services to be performed under this agreement by a design professional, as that term is defined under said Section 2782.8, SERVICE PROVIDER shall, to the fullest extent permitted by law, indemnify, defend and hold harmless CITY, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers (“INDEMNITEES”) from and against any and all claims, liabilities, expenses, liens, or damages of any nature, including liability for bodily injury, property damage or personal injury, and including reasonable attorneys' fees and expenses, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of SERVICE PROVIDER, and/or its agents, officers, employees, subcontractors, or independent contractors in performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement (“CLAIM”) to the extent of SERVICE PROVIDER’S proportionate percentage of fault.

22.2. Defense and Indemnification for Non-Design Professional Services. For all services performed under this agreement not covered by Section 22.1 above, SERVICE PROVIDER shall, to the fullest extent permitted by law, indemnify, defend and hold harmless CITY, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers (“INDEMNITEES”) from and against any and all claims, liabilities, expenses, liens, or damages of any nature, including liability for bodily injury, property damage or personal injury, and including reasonable attorneys' fees and expenses, that arise out of, pertain to, or relate to the performance of this Agreement or the failure to comply with any obligations contained in this Agreement by SERVICE PROVIDER, and/or its agents, officers, employees, subcontractors, or independent contractors (“CLAIM”).

22.3. Exceptions. SERVICE PROVIDER is not required to indemnify INDEMNITEES against liability for bodily injury, property damage or personal injury, or any other loss, damage or expense arising from the sole negligence, active negligence, or willful misconduct of the CITY.

22.4. Not limited by insurance. The indemnity, defense and hold harmless provisions of this Agreement apply to all CLAIMS alleged against an INDEMNITEE, regardless of whether any insurance policies are applicable. Policy limits do not act as a limitation upon the amount of indemnification or defense to be provided by SERVICE PROVIDER.

22.5. Right to Offset. CITY shall have the right to offset against any compensation due SERVICE PROVIDER under this Agreement any amount due CITY from SERVICE PROVIDER as a result of SERVICE PROVIDER’S failure to pay CITY promptly any indemnification arising under this Section (21) and any amount due CITY from SERVICE PROVIDER arising from SERVICE PROVIDER’S failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws.

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22.6. Interpretation. This Section shall constitute an agreement or contract of indemnity, incorporating the interpretations under California Civil Code Section 2778. It is expressly understood and agreed that the obligation of the SERVICE PROVIDER to indemnify the INDEMNITEE shall be as broad and inclusive as permitted by the laws of the State of California and shall survive termination of this Agreement.

25. Notice of Security and/or Privacy Incident. If SERVICE PROVIDER, or its subconsultant, suspect, discover or are notified of a data security incident or potential breach of security and/or privacy relating to CITY PII, PHI and/or PCI, SERVICE PROVIDER shall immediately, but in no event later than forty-eight (48) hours from suspicion, discovery, or notification of the incident or potential breach, notify CITY of such incident or potential breach. SERVICE PROVIDER shall, upon CITY’s request, investigate such incident or potential breach, inform the CITY of the results of any such investigation, and assist the CITY in maintaining the confidentiality of such information. In addition to the foregoing, SERVICE PROVIDER shall provide CITY with any assistance necessary to comply with any state and/or federal laws requiring the provision of notice of any privacy incident or security breach with respect to any CITY PII, PHI and/or PCI to the affected or impacted individuals and/or organizations, in addition to any notification to applicable state and federal agencies. SERVICE PROVIDER agrees that it shall reimburse CITY for all expenses, costs, attorneys’ fees, and resulting fines, penalties, and damages associated with such incident, breach, investigation and/or notification.

26. Interpretation. This Agreement is a negotiated document and shall be deemed to have been drafted jointly by the Parties, and no rule of construction or interpretation shall apply against any particular Party based on a contention that the Agreement was drafted by one of the Parties including, but not limited to, California Civil Code § 1654, the provisions of which are hereby waived. This Agreement shall be construed and interpreted in a neutral manner.

27. Preservation of Agreement. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.

28. Binding Agreement. Notwithstanding the provisions of Section 20 above, this Agreement shall bind any and all successors in interest, legal representatives and/or other permitted assignees or transferees of SERVICE PROVIDER in the same manner as if those successors in interest, legal representatives or other permitted assignees or transferees had entered into this Agreement originally.

29. Electronic Signatures. Unless otherwise prohibited by law or CITY policy, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed

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contract” means a contract that is executed by applying an electronic signature using technology approved by the CITY.
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[Signatures on Next Page]

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30. Authority to Execute. Those individuals who are signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.

IN WITNESS THEREOF, these Parties have executed this Agreement on the day and year shown below.

ATTEST: CITY OF MORGAN HILL
City Clerk/Deputy City Clerk City Manager
Michelle Bigelow Christina J. Turner
Print Name Print Name
Date: Date:

APPROVED AS TO FORM:

City Attorney By:

Donald A. Larkin
Print Name
Date:

Print Name and Title of Signer.

If Corporate: Chairman, President or Vice
President
Date:

By:

Date:

Print Name and Title of Signer.

If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer
1056243 1000037382
Contractor’s License Number(s) (if applicable) Contractor’s DIR Registration Number(s) (if applicable) Expiration Date(s) 07/31/2025 Expiration Date(s) 06/30/2024 Seal:

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SCOPE OF WORK
Overview
The City of Morgan Hill would like to upgrade their Council Chamber AV systems to achieve the following goals:
- High Definition (HD) Production for Zoom & Broadcast
The existing Production System only offers two standard definition cameras to be sent to Zoom, requires a lot of interaction to point cameras, recall presets, and put together a Broadcast-ready signal for recording and distribution. It is desired to use some level of automation to automatically select a camera preset based on microphone activation. The existing Leightronix Recorder/Billboard/Playout System utilizes Windows 7 and must be replaced.

Production Outputs
 Charter Cable Encoder
 YouTube/Facebook Live
 Camera feed to Zoom
 Civic Plus Encoder
 It’s not known how Civic Plus encodes a stream or if you intend to use this feature. You will be able to feed streams to YouTube, Facebook Live, and Civic Plus using a Restream Account with 3 stream licenses. If Civic Plus includes an Encoder, we will feed it appropriate audio & video.
- Audio Upgrade
The existing Biamp Nexia series Audio Processor is well past end-of-life.

The microphones are old and long discontinued.

Any solution must include Remote Microphone Muting capability to allow the ability of the Clerk or Production Operator to mute or unmute a member microphone.

It will include a new 2 ch Assistive Listening System with the ability for people to use their own phones for listening.

New Power Amplifiers to feed Speakers.
- PC Refresh
We will install (4) new PCs for:
 Zoom PC to replace Laptop
 Presentation
 PC for Video Billboard/Playout administration
 Clerk PC with two Video Heads
o The PCXs will be provided by the City.
- Control Upgrade
The existing Control Processor and Touch Panels are long discontinued and no longer supported. New hardware and programing is required.
- Additional Feature Requests
o Discussion Microphone System with 16 Mics and Remote Mute capability

EXHIBIT A

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o Dais Touch Panels and Voting
o Streaming Encoder Refresh with Recording capability
o Projector refresh
HD Production System
o Cameras (6)
 Council - We will replace the (4) existing Standard
Definition Cameras with Vaddio RoboShot 30E HD
Cameras with SDI Output.
o We will pull new cable and reuse the
mounting location for all cameras
o We will add a 5th camera to provide a
dedicated wide shot of the Dais to use when
a camera must move between shots.
o We will include a 6th camera on the North Wall of Dais Platform for an additional angle on Table Discussions.
o All Cameras will be Black unless you request white. There is no price difference.
o Production Room
 Production Switcher
You need an HD Video Switcher with a minimum of (5) SDI Inputs for cameras and (2) HDMI Inputs for Presentation and VTC PCs. We have included a FOR-A HVS-100 which can be remotely controlled by the Control System (for automation options) and includes a physical controller for manual operation.

The Aux Bus will be used to select an outgoing signal for the VTC System. We do not want to send the incoming Zoom signal back to them. So when the Far End is talking, the system will automatically send an image the Dais Wide shot back to the person talking.
 Video Switching Automation (Included)
o This allows the Broadcast signal to automatically show the camera preset for the person who is actively talking.
o For the Council, there will be one camera at the back that always has a wide shot. This may be full width to capture the entire room, but will generally be zoomed in to capture all applicable Council or Board members. There will also be four “Closeup” Cameras. If a camera needs to move to another preset for the same camera, the wide shot will always appear between the two shots so the camera image will never be seen while moving.
o Mode
The automation software operates in your choice of three modes:
o Full Automation – All cameras and position/zoom presets are selected and switched automatically based on microphone data, selected modes, and selected operational options. Outgoing VTC video is also selected automatically – Chamber wide shot when

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someone remote is speaking so they don’t see themselves o Power Assist - All cameras and position/zoom presets are selected based on microphone data, selected modes, and selected
operational options. However, the proposed Council shot is placed in Preview rather than program. The operator may use this suggestion or select another and then “Take” when ready. o Full Manual – Council Camera/VTC selection is fully handled by the Production Operator.
 Speaker Timer
The Speaker Timer can be set to any amount of time the Clerk, or Mayor/Chair chooses. A default (such as 2:00 minutes) may be adjusted at any time. The Timer appears at the bottom of the Broadcast Screen, the in-Room Displays, on the Touch Panels, and on the outgoing video sent to Broadcast & Public VTC (Zoom).
 Character Generator (CG)
We will provide a device which will allow you to add Graphics to your Broadcasts. In addition to City Logo, Date & Time at all times, we will provide the ability to enter the name of the meeting, a standardized list of Agenda items for each Meeting type, and on-screen Speaker Timer. If you select the Dais Touch Monitors and Voting Option, the system will also show the members Name and Title whenever they speak long enough for the camera to provide a closeup.

Here is an example from the City of Newman:
https://www.youtube.com/watch?v=7Yh22zIMLYA
Note: Newman is about1 hour from Morgan Hill if you would like to visit.

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 Replace DM Switching Matrix with Network-based Video Switching System There is an existing Crestron 16x16 Matrix that is now about 10 years old.

Acknowledgment of the age alone should advise consideration of replacement.

We will identify below the source inputs and outputs that will be part of the upgraded system. This takes into account moving the Clerk Seat from the North to South side of the Dais.

INPUTS
Room Source Inputs
1) Floor Box (CMGT1) - Presentation PC at Lectern
2) Floor Box (CMGT1A) - HDMI Input at Lectern
3) Clerk PC out 1 to Floor Box FB1
4) Clerk PC out 2 to Floor Box FB1
5) Floor Box (CMGT6 & 7) - HDMI Portable Input Encoder 1 6) HDMI Input Plate in Clerk Floor Box FB1
7) HDMI Input Plate at Clerk FB2
8) HDMI Input Plate at Wall
Rack System Inputs
9) Zoom PC
10) Admin PC
11) Broadcast feed (Pre or Post CG)(post 16x16)
12) Air Media – HDMI Input
13) Presentation Feed with Timer Overlay
14) Zoom Send Overlay

OUTPUTS
Room
1) Projector 1
2) Projector 2
3) Projector 3
4) Clerk Touch Monitor (TP1 – Control)
5) Clerk Touch Monitor (TP2 – Clerk PC)
6) Clerk Touch Monitor (TP3 – Assignable - Clerk Out 2, Zoom, Pres) 7) Dais 55” Monitor
8) Lectern 55” Monitor
9) Floor Box (CMGT1,5,6,7-1,1A) - HDMI Portable Decoder 1 10) Floor Box (CMGT1,5,6,7-2,1A) - HDMI Portable Decoder 2 11) Lobby Monitor
12)West Conference Room
13) Dais Touch Monitor #1
14) Dais Touch Monitor #2
15) Dais Touch Monitor #3
16) Dais Touch Monitor #4
17) Dais Touch Monitor #5
18) Dais Touch Monitor #6
19) Dais Touch Monitor #7

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Rack
20) Producer’s Touch Monitor (TP2)
21) 17” Assignable Rack Monitor 1 (1080p) (CIT RMP-161-X17) 22) 17” Assignable Rack Monitor 2 (1080p) (CIT RMP-161-X17) 23) Active Presentation to Switcher
24) Speaker Timer Overlay/Vote - Room
25) Speaker Timer Overlay/Vote - Zoom
 PC’s
We will install the (4) owner furnished PCs that you will need for the system as we have designed it. These are all micro format with a Ethernet-based KVM that allows the Producer and Clerk to view and control any of the PCs they need to.
o Clerk PC
 Locate at Clerk Station or in the AV Rack. We will support two video outputs from it if they exist.
o Presentation PC
 Located in rack or at Lectern)
o Video Conference PC (for WebEx or other VTC app)
 We will also provide USB Capture devices to insert Chamber audio & video into the Video Conference App.
o Admin PC for Producer
 For Graphics, Recorder, Scheduled Playout Appliance, or any need
 Document Camera
o The existing Ceiling Doc Cam will not be supported. You may connect a portable document camera at the Lectern or Clerk Station HDMI input.  55” Monitors
o We will provide (3) 55” Monitors to refresh the existing (2) Monitors in the Dais Well and the existing 55” Monitor on a cart.

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 Production Console
We will utilize your existing rack and console frame.

We will place the Production Switcher Controller, 22” Touch Monitor and Wireless keyboard & Mouse on the counter. The Wireless Keyboard and Mouse may be assigned to any of the three PCs. We will reuse two of your existing Standard Definition TV/Monitors on top of the console for Cable TV confidence monitoring. We have included powered speakers that may be assigned to listen to any source or submix. Equipment will be installed in the main rack and under the console much as it is now.
 Production Monitors
o We will add a 20.5” Monitor on the left to display the Multiview output of the Production Switcher. This will display all 6 cameras, the active Presentation Signal, the VTC PC, Preview and Program.
o We will install (4) new 17” Monitors in the Console. (Your existing 17” Rack Monitor should be retained as a Spare.
 One monitor will display the master Broadcast signal post Character Generator.
 One will display the Switcher Multiview output showing the cameras, Preview & Program.
 One will be dedicated to Video Conference
 The fourth one may display either the active presentation PC, AirMedia, or the output of the Producer’s admin PC which may be used for such things as the Cablecast Broadcast
Billboard/Scheduled Playout System, the Character Generator, the Streaming Encoder/Recorder, YouTube Studio, or any other administrative purpose.

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o We will reuse at least one of your existing Standard Definition monitors/TVs to allow monitoring of your Standard Definition Broadcast signals (i.e. Comcast).
o The Producer may use their Touch Monitor to assign PCs or AirMedia to the Assignable Monitor as well as select assignment of the Logitech Keyboard and Mouse.
 Streaming Encoder/Recorder
o We have provided an option to provide a new Audio & Video Streaming Encoder and Recorder. The encoding stream may be automatically initiated when the Record button is pressed on the Touch Panel. The unit will record stream at a higher rate than the stream if desired. This unit may also be used to create an audio only recording if desired. After the recording is stopped, the file may be uploaded to a desired network storage, as well as left on the local recorder drive if desired.

Replace Projectors – 16,000 Lumen
o We will replace all three projectors with Panasonic PT-MZ16 series 16,000 Lumen UXGA Laser-based Projectors. We have included Long Throw Lenses and appropriate mounting hardware.

Audio System Refresh
o We have included (12) microphones to replace all Dais Microphones.

These will have programmable buttons and LEDs which will be set to push on and push off. They may also be controlled by the Clerk, Producer, or the respective Dais Touch Monitors.
o Your existing wireless microphones are actually operating on frequencies that are not supposed to be used for Wireless Microphones. The FAA turned that frequency band over to Emergency Services and other purposed. We will provide (2) new Wireless Handheld Microphone Systems.
o We will replace the Biamp Nexia audio processing with current generation Biamp Tesira Server hardware.
 The Inputs will support Acoustic Echo Cancellation on every microphone channel.
 The system includes a VoIP telephone interface to allow connection of public or and/or members via a simple voice only connection.
 We have provided an option for expansion of the audio system to support up to (16) Table Microphone discussion system.
o We will install a new energy efficient 8-channel amplifier to provide extended reliable

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life.
o The existing Ceiling Speakers will be reused.
o We will provide a new Assistive Listening System including, at your request, (4) Rechargeable Receivers with Ear Speakers. Since you expressed interest in WiFI based Assistive Listening to allow users to use their own Phone or tablet, we have provided a WiFi-based system that can provide two channels (e.g. English & Foreign) to users running the Listen Everywhere App. We will also provide (4) WiFi-based Receivers with Ear Speakers and (2) Inductive neck Loops for use by those with Hearing Aids that support this.
o Discussion Microphone System
We have provided a subsystem that includes (16) Desk Microphones, Cables, and a portable case with Input Plate, power distribution, and a device to provide Dante encoding and logic Interface for remote muting control from the microphone itself, or the Clerk or Producer Touch Panels. We will also include additional Audio
Processing in the Rack to support these as well as the
engineering and programming to integrate seamlessly as
part of the system including audio and video conferencing.

This option includes a small Network Switch so we can
transport all audio and control over a single LAN Jack in the Floor Box. We have included (16) 25’ Mic Extension Cables (this is addition to the 10’ cable attached to each
Microphone.)
Control System
o Control Processor
A new Control System will be installed and programmed to facilitate the system functions. Both the Clerk and the Producer will get a 22” Touch Panel which will allow:
 Chamber Projector Power and Screen
 Presentation & VTC Source Selection for Display in the Chamber  Audio Control
 Speech Volume within the Chamber
 Presentation Volume within the Chamber
 VTC Volume within the Chamber
 Public Audio On/Off
 Production
 Video Preview
 Camera Switching Automation Controls
 Member Titles & Agenda Graphics selection
 Audio Monitoring Selection and Volume
 Stream/Recording Start/Stop
 Additional functions will be available as noted with certain options

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o Dais Touch Monitors & Voting
We have provided an option to provide (7) 22”
Touch Monitors for the Dais Members.

A very low profile mount will be used that allows
the monitor to lay barely higher than the modest
rail.

Each member will see Presentation or Zoom Video,
be able to control their micro phone mute, and be
able to Vote. The Mayor position will be able to
start and close Voting (if desired, as the Clerk may
also do this), control Lectern Microphone Mute,
and control the Timer.

If desired, you may also implement the Request to Speak (RTS) feature. This allows for use of Parliamentary Procedure with each member pressing a button indicating their Request to Speak. The Mayor/Chair may recognize their choice of speaker and thus enable their microphone. Any member may also immediately disregard the RTS function and unmute their microphone.

Using Meeting Editor, an administrator may enter the name of any group that meets in that room, list the names of all members, their display titles for Broadcast, their voting rights, and if they get a Request to Speak Display Queue. Each member logs in by selecting their name from a list on the screen after the Clerk selects and “starts” the Meeting (this is actually usually done well ahead of the meeting actually starting.) o Ethernet Switch
We will provide two Netgear 40-port managed switches with POE+ sufficient to power all devices and switch all video streams without blocking. If you desire, we will connect to your network at one point and use an IP addressing scheme appropriate.

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P a g e 12 | 12

INTEGRATION SERVICES
Labor
The Technical Services cost includes the Design Engineering, Project Engineering, CAD, Programming, Project Management, Shop and Field Installation Labor, Site Configuration and Testing, and Training required for the project. Hourly technician Labor is priced for Prevailing Wage.

Materials costs include the cable, connectors, plate, panels and miscellaneous incidental components required to integrate the AV equipment into the final system.

Training
Training will include separate sessions for Room Users, Clerk, and Technical Administrators.

Training sessions will be as long as required. Room Users usually need less than 20 minutes. The Clerk will probably want 1-2 hours.

Technical Administrators will probably want 4-6 hours.

Project Duration
Once we are onsite, we will require approximately 4 weeks for installation, commissioning, and Training.

Warranty
Budget assumes 1 Year Warranty with:
- 2 hour Phone Support
- 8 hour remote Support via VPN
- 48 Hour on-site response if needed
- (2) Preventative Maintenance Visits/year
Attachments
- Detailed Pricing Breakout

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Qty Manufacturer Model # Description Unit Price Ext Price Updated 3/23/2024

PRODUCTION
6 VADDIO 999-99330-000 ROBOSHOT 30E SDI $4,518.23 $27,109.38 1 FOR_A HVS-100TA Production Switcher $13,942.00 $13,942.00 1 FOR-A HVS-100PCI Dual HDMI Input Card $2,486.00 $2,486.00 1 FOR-A HVS-100ED Editor Control Software $1,421.00 $1,421.00 1 DigIt 7A0-0348-RK ChyTV Multi-SDI SD/HD SDI Input/output $6,019.23 $6,019.23 1 AJA 3G-AMA Audio to SDI Inserter $1,280.77 $1,280.77
1 AJA KUMO1616 16x16 SDI Switcher $3,242.31 $3,242.31
1 DigIt 7A0-0348-RK ChyTV Multi-SDI SD/HD SDI Input/output $6,019.23 $6,019.23 5 DECIMATOR MD-HX SDI-HDMI Scaler Cross Converter $378.21 $1,891.05 1 TIGHTROPE CBL-VIO2-600 CABLECAST VIDEO SERVER - 2 port $24,994.67 $24,994.67 1 TIGHTROPE CBL-CGPLAYER-LIC Cablecast CG bulletin board software for VIO4 $1,653.33 $1,653.33 4 MARSHALL V-LCD173HR 6RU 17" 1080p Rack Monitor $1,295.00 $5,180.00

PRESENTATION AND ROUTING
3 SAMSUNG QB55R 55" Commercial Monitor $1,123.00 $3,369.00 3 LOGITECH MX KEYS/MX MASTER Wireless Keyboard & Mouse with PC Switching $286.25 $858.75 1 MAGEWELL 32070 USB Capture 2.0 SDI $383.33 $383.33
2 CRESTRON DGE-100 Digital Graphics Engine 100 $1,375.00 $2,750.00 AUDIO
1 AUDINATE ADP-USB-AU-2X2 AVIO DANTE 2x2 USB IO $252.00 $252.00 12 SHURE MX418D/C
Cardioid-18" Desktop Gooseneck Condenser
Microphone, Attached 10´ XLR Cable, Logic
Functions, Progra $306.41 $3,676.92
3 CLOCK AUDIO CDT100MK3-PSU-UDP
UDP Version (For Crestron/AMX/QSC logic control
users only) Dante Transporter for Audio and Control $1,119.23 $3,357.69 2 SHURE ULXD4=-H50
Single Digital Wireless Receiver with PS41US Power
Supply, 1/2 Wave Antenna and Rack Mounting
Hardware $1,011.54 $2,023.08
2 SHURE ULXD2/B58=-H50 Handheld Transmitter with BETA 58A® Microphone $641.03 $1,282.06 1 SHURE UA221
Passive Antenna Splitter/Combiner Kit. Includes Two
Splitter/Combiners, Four Coaxial Cables, and Att $160.26 $160.26 1 BIAMP TESIRA SERVER IO AVB DSP Frame $5,725.00 $5,725.00 1 BIAMP EX-UBT USB/Bluetooth Adapter for Tesira $545.00 $545.00 1 BIAMP TESIRA SIC-4 Input Card - 4 ch $282.00 $282.00
3 BIAMP TESIRA SEC-4 Mic Input Card with AEC 4-ch $565.00 $1,695.00 3 BIAMP TESIRA SOC-4 Output Card 4-ch $248.75 $746.25
1 BIAMP TESIRA SVC-2 VOIP Card - 2ch $565.00 $565.00
1 BIAMP TESIRA DAN-1 Dante Network Card $1,152.00 $1,152.00 2 BIAMP TESIRA DSP-2 DSP Processor Card $689.00 $1,378.00 1 EXTRON 60-2025-01
Eight Channel Amp, Configurable 200 watts at 70
volts $2,421.00 $2,421.00
1 LISTEN TECH LWS-10-A1-D
Assistive Listening System - WiFi System - 2 ch Server, 2 LWR-1050 Receivers, 2 Ear Spkrs & 2 Loops $1,395.00 $1,395.00 2 LISTEN TECH LWR-1050 Assistive Listening System - WiFi Receiver $421.00 $842.00 2 LISTEN TECH LA-164 Ear Speaker $17.62 $35.24
1 MACKIE CR5-XBT (PAIR)
5" Creative Reference Multimedia Monitors with
Bluetooth (Pair) $292.00 $292.00

CLERK MONITORS
3 CRESTRON TSD-2220-B 21.5" HD Touch Screen Display, Black $1,410.26 $4,230.78 3 WEARSON WS-03A
Adjustable LCD Monitor Stand Mount Folding VESA
Monitor Desk Stand $53.32 $159.96
City of Morgan Hill - Line Item Page 1

EXHIBIT B

SCHEDULE OF COMPENSATION

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3 CRESTRON DGE-100 Digital Graphics Engine 100 $1,375.00 $4,125.00

PRODUCER'S TOUCH MONITOR
1 CRESTRON TSD-2220-B 21.5" HD Touch Screen Display, Black $1,410.26 $1,410.26 1 WEARSON WS-03A
Adjustable LCD Monitor Stand Mount Folding VESA
Monitor Desk Stand $53.32 $53.32
1 CRESTRON DGE-100 Digital Graphics Engine 100 $1,375.00 $1,375.00

CONTROL HARDWARE
1 CRESTRON CP4 Master Control Processor $1,466.00 $1,466.00 3 GLOBAL CACHE GLO-IP2CCP Global Cache iTach IP2CC with PoE Option $156.67 $470.01 2 NETGEAR GSM4248P-100NAS Netgear Switch - 40 x8, 480W POE+ $2,432.00 $4,864.00 2 FIBERMALL B089D1ZYCJ AXM765 Compatible Copper 10G 30m SFP+ $88.00 $176.00 2 IWILLINK YUNXI-PN-48LTK-C6 CAT6 Patch Bay - Shielded, 48 port $120.00 $240.00

INSTALLATION MATERIALS
1 SOLUTIONZ INSTALL_MATERIAL
Misc cables, connectors, plates and hardware
(INCLUDE Extension Cord- Power 25' 18# Black, CAT6
25' Black Patch Cord (Stranded)) $6,700.00 $6,700.00
1 FREIGHT Freight charges $2,903.00 $2,903.00
Equipment Total $158,598.88

9.13% Sales Tax $14,480.08
40 SOLUTIONZ DESIGN_M System Design $150.00 $6,000.00
32 SOLUTIONZ CADD_M CAD Drawing $120.00 $3,840.00
81 SOLUTIONZ PROGRAM_M Programming $150.00 $12,150.00
48 SOLUTIONZ TESTING_M Testing & Commissioning $150.00 $7,200.00 16 SOLUTIONZ SHOPINSTALL_M Shop Installation $120.00 $1,920.00 144 SOLUTIONZ FIELDINSTALL_PW Field Installation $150.00 $21,600.00 40 SOLUTIONZ PROJMGMT_M Project Management $150.00 $6,000.00 12 SOLUTIONZ MISC-TRAVEL Misc Travel $1,000.00 $12,000.00 1 SOLUTIONZ Subcontract Cablecast Training $2,500.00 $2,500.00 Labor Total $0.00 $73,210.00

SERVICE & SUPPORT
1 SOLUTIONZ SS-SUPPORT-PG Performance Guaranty - 1 Year $7,000.00 $7,000.00 GRAND TOTAL $253,288.96

OPTIONS OPTIONS OPTIONS

REPLACE MATRIX
3 DIGITALINX IPEX5001-WP-W HDMI Over IP Wall Plate Encoder $658.20 $1,974.60 12 DIGITALINX IPEX5001
HDMI Over IP Encoder - Scalable 4K Solution over 1Gb
Network w/ full Matrix & Video wall Capability $662.28 $7,947.36 27 DIGITALINX IPEX5002
HDMI Over IP Decoder - Scalable 4K Solution over
1Gb Network w/ full Matrix & Video wall Capability $666.87 $18,005.49 1 DIGITALINX IPEXAR-5000-100 ARRANGER CNTRLR 5000 51-100 $665.33 $665.33 2 DIGITALINX DL-HDRKUNV6 6RU RACKMOUNT SYSTEM, up to 10 $184.20 $368.40 3 DIGITALINX DL-RPIP5000 Rack panel kit for DigiIP IPEX5000 series 5 pack $73.00 $219.00 1 SOLUTIONZ INSTALL_MATERIAL Misc cables, connectors, plates and hardware $5,600.00 $5,600.00 1 SOLUTIONZ S/H-S Freight charges $135.00 $135.00
Equipment Total $34,915.18

9.13% Sales Tax $3,187.76
16 SOLUTIONZ DESIGN_M System Design $150.00 $2,400.00
16 SOLUTIONZ CADD_M CAD Drawing $120.00 $1,920.00
16 SOLUTIONZ PROGRAM_M Programming $150.00 $2,400.00
24 SOLUTIONZ TESTING_M Testing & Commissioning $150.00 $3,600.00 16 SOLUTIONZ SHOPINSTALL_M Shop Installation $120.00 $1,920.00 City of Morgan Hill - Line Item Page 2

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32 SOLUTIONZ FIELDINSTALL_PW Field Installation $150.00 $4,800.00 16 SOLUTIONZ PROJMGMT_M Project Management $150.00 $2,400.00 REPLACE MATRIX OPTION TOTAL $57,542.94

TABLE DISCUSSION MIC SYSTEM
16 SHURE MX418D/C
Cardioid-18" Desktop Gooseneck Condenser
Microphone, Attached 10´ XLR Cable, Logic
Functions, Progra $306.41 $4,902.56
4 CLOCK AUDIO CDT100MK3-PSU
UDP Version (For Crestron/AMX/QSC logic control
users only) Dante Transporter for Audio and Control $1,119.23 $4,476.92 1 BIAMP TESIRA SEC-4 Mic Input Card with AEC 4-ch $565.00 $565.00 1 BIAMP 0447.900
Fixed I/O DSP with 12 analog inputs, 8 analog outputs,
8 channels configurable USB audio, 32 x 32 ch $2,498.72 $2,498.72 1 NETGEAR NGR-GSM4230PX-100NAS Netgear Switch - 24 Ports, POE+ $1,680.85 $1,680.85 1 FURMAN SOUND M-8X2
15A Standard Power Conditioner, 9 Outlets, 1RU, 6Ft
Cord $98.65 $98.65
1 Liberty Custom 2RU I/O Custom I/O Plate - 16 XLR5f, RJ45 $300.00 $300.00 1 GATOR CASES G-PROR-6U-19
Pro-Series Molded Mil-Grade PE Rack Case; 6U, 19"
Deep; w/ Handle & Wheels $413.32 $413.32
1 SOLUTIONZ INSTALL_MATERIAL Misc cables, connectors, plates and hardware $850.00 $850.00 1 Microphone Cables - 25' $0.00 $0.00
1 Extension Cord- Power 25' 18# Black $0.00 $0.00
1 CAT6 25' Black Patch Cord (Stranded) $0.00 $0.00
1 FREIGHT Freight charges $135.00 $135.00
Equipment Total $15,921.02

9.13% Sales Tax $1,453.59
4 SOLUTIONZ DESIGN_M System Design $150.00 $600.00
4 SOLUTIONZ CADD_M CAD Drawing $120.00 $480.00
8 SOLUTIONZ PROGRAM_M Programming $150.00 $1,200.00
8 SOLUTIONZ TESTING_M Testing & Commissioning $150.00 $1,200.00 8 SOLUTIONZ SHOPINSTALL_M Shop Installation $120.00 $960.00 8 SOLUTIONZ FIELDINSTALL_PW Field Installation $150.00 $1,200.00 4 SOLUTIONZ PROJMGMT_M Project Management $150.00 $600.00 0 Option Discussion Mics - Sub-Total $23,614.61

DAIS MONITORS & VOTING
7 CRESTRON TSD-2220-B 21.5" HD Touch Screen Display, Black $1,410.26 $9,871.82 7 CHIEF FSB018BLK FLAT SCREEN TABLE STAND -BLACK $257.96 $1,805.72 7 CRESTRON DGE-100 Digital Graphics Engine 100 $1,375.00 $9,625.00 1 SOLUTIONZ INSTALL_MATERIAL Misc cables, connectors, plates and hardware $300.00 $300.00 Equipment Total $21,602.54

9.13% Sales Tax $1,972.31
4 SOLUTIONZ DESIGN_M System Design $150.00 $600.00
4 SOLUTIONZ CADD_M CAD Drawing $120.00 $480.00
8 SOLUTIONZ PROGRAM_M Programming $150.00 $1,200.00
8 SOLUTIONZ TESTING_M Testing & Commissioning $150.00 $1,200.00 8 SOLUTIONZ SHOPINSTALL_M Shop Installation $120.00 $960.00 8 SOLUTIONZ FIELDINSTALL_PW Field Installation $150.00 $1,200.00 4 SOLUTIONZ PROJMGMT_M Project Management $150.00 $600.00 Option Dais Monitors - Sub-Total $29,814.85

STREAMING/RECORDER
1 EXTRON 60-1594-01 Single Channel H.264 Streaming Media Processor $2,613.33 $2,613.33 Equipment Total $2,613.33

9.13% Sales Tax $238.60
City of Morgan Hill - Line Item Page 3

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1 SPINITAR PROGRAM_M Programming $150.00 $150.00
2 SPINITAR TESTING_M Testing & Commissioning $150.00 $300.00 1 SPINITAR FIELDINSTALL_PW Field Installation $150.00 $150.00 0 Option Streaming Recorder - Sub-Total $3,451.93

PROJECTORS
3 Panasonic PT-MZ16KLBU
WUXGA 1920 X 1200 16000 LMNS LCD Laser
Projector No Lens, Black $18,464.71 $55,394.13
3 Panasonic ET-EMT700

2.10 - 4.14:1 Zoom lens for PT-MZ16K/MZ13K/MZ10K
LCD laser projectors $4,101.33 $12,303.99
3 CHIEF VCMU VCMU INCL CUSTOM HBU BLK $449.92 $1,349.76 1 FREIGHT Freight charges $2,903.00 $2,903.00
Equipment Total $71,950.88

9.13% Sales Tax $6,569.12
1 SOLUTIONZ PROGRAM_M Programming $150.00 $150.00
2 SOLUTIONZ TESTING_M Testing & Commissioning $150.00 $300.00 8 SOLUTIONZ FIELDINSTALL_PW Field Installation $150.00 $1,200.00 Option Projectors - Sub-Total $80,170.00
New Power Management & UPS
3 Tripp Lite SMART1500LCD Smart UPS 1500VA, 900W, 2RU $394.00 $1,182.00 3 FURMAN SOUND M-8X2
15A Standard Power Conditioner, 9 Outlets, 1RU, 6Ft
Cord $98.65 $295.95
2 Middle Atlantic PDT-1615C-CS Vertical Power Strip 16 outlets, 15A $161.00 $322.00 1 SOLUTIONZ INSTALL_MATERIAL Misc cables, connectors, plates and hardware $300.00 $300.00 Equipment Total $2,099.95

9.13% Sales Tax $191.73
Option Power Management - Sub-Total $2,291.68

UPGRADE SERVICE & SUPPORT
1 SOLUTIONZ SS-SUPPORT-CUSTOM Custom Support Agreement - 48 Hr SLA, (2) PM $8,000.00 $8,000.00 GRAND TOTAL $458,174.95
Bond (if required) $6,927.61
Total w/Bond $465,102.56
City of Morgan Hill - Line Item Page 4

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15 Updated: April 2024

EXHIBIT C

SCHEDULE OF PERFORMANCE
May 6th-10th Contract and project set up.

May 13th-17th Internal & External Kick off meetings
May 20th-24th Order equipment and receive equipment deliver schedules.

May 27th-31st Schedule installation dates based on equipment delivery dates.

June 24th-28th Assumed equipment has been delivered.

Mid -July Installation 4-weeks
Mid-August Test, Commission, and sign off

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RESOLUTION NO. 24-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MORGAN HILL APPROVING AN AMENDMENT TO
THE CITY’S FISCAL YEAR 2023-2024 BUDGET IN THE
INFORMATION SYSTEMS FUND (FUND NO. 730) TO
APPROPRIATE $256,612.00
WHEREAS, the City of Morgan Hill, a municipal corporation and general law city duly organized and existing under and pursuant to the Constitution and laws of the State of California (“City”), is authorized to enter into contracts and agreements for the benefit of the City; and WHEREAS, the reasons supporting this Resolution are set forth in detail in that certain City Council Staff Report entitled “Approve an Agreement with Solutionz, Inc. for the Purchase and Installation of the Council Chamber Audio/Visual Equipment Replacement and Upgrades” submitted for City Council consideration at its meeting of April 24, 2024, submitted to the City Council by the City Manager (the “Staff Report”), the contents of which Staff Report are incorporated herein by this reference; and
WHEREAS, recommended amendments are needed and proposed to the City’s previously adopted Annual Budget for Fiscal Year 2023-2024 as set forth on Exhibit A to this Resolution, to appropriate the requisite funds to implement the actions authorized by this Resolution; and WHEREAS, the consideration by City Council of the adoption of this Resolution has been duly noticed pursuant to applicable laws and has been placed upon the City Council Meeting Agenda on the date set forth in the Staff Report, or to such date that the City Council may have continued or deferred consideration of this Resolution, and on such date the City Council conducted a duly noticed public meeting at which the City Council provided members of the public an opportunity to comment and be heard and considered any and all testimony and other evidence provided in connection with the adoption of this Resolution; and WHEREAS, the City Council determines that adoption of this Resolution is in the public interest.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:

Section 1. Recitals. The City Council does hereby find, determine and resolve that all of the foregoing recitals are true and correct.

Section 2. Approval and Authorization. The City Council does further resolve, order and/or direct as follows:
a. That the City’s previously adopted Fiscal Year 2023-2024 Budget, as the same has been amended to date, is hereby further amended in accordance with and as

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City of Morgan Hill
Resolution No. 24-_____

Page 2 of 3 ends

reflected on Exhibit A attached hereto and incorporated herein by this reference; and
b. That the City Clerk is hereby authorized and directed to forward a copy of this Resolution to the City’s Finance Director, who is hereby authorized and directed to take all actions necessary to implement the terms of this Resolution pertaining to the Fiscal Year 2023-2024 Budget of City.

Section 3. This Resolution shall take effect immediately upon adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Morgan Hill at its meeting held on this 24th day of April 2024 by the following vote:

AYES: COUNCIL MEMBERS: None
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
APPROVED: ATTEST:
___________________________________ _______________________________ MARK TURNER, Mayor MICHELLE BIGELOW, City Clerk
 CERTIFICATION 
I, Michelle Bigelow, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 24-_____ adopted by the City Council at the meeting held on the 24th day of April 2024.

WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.

DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk

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City of Morgan Hill
Resolution No. 24-_____

Page 3 of 3 ends

EXHIBIT A

AGENDA BUDGET SCORECARD
FISCAL YEAR 2023-2024
ADJUSTMENT # 021
FUND: 730 Information Systems Fund
FUNTION: 00 General Services
DEPARTMENT: 10 Administrative Services
DIVISION: 5145 Communication and Engagement
OBJECT: 49253 TRANSFER OUT-BLDG REPLACEMENT FUND (741)
AGENDA DATE: 04/24/24
AGENDA ITEM TITLE:
06/30/24
07/01/23 PROJECTED

BEGINNING AMENDED ENDING

FUND ESTIMATED APPROPRI- FUND

BALANCE REVENUES ATIONS BALANCE
ORIGINAL BUDGET 793,101 2,493,922 2,683,931 603,092

CUMULATIVE REVISIONS PRIOR - - - -

TO RECOMMENDED ACTION
RECOMMENDED ACTION - 256,612 (256,612)
RESULT OF RECOMMENDED ACTION 793,101 2,493,922 2,940,543 346,480 AV Equipment Upgrade

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7 CITY COUNCIL STAFF REPORT
MEETING DATE: April 24, 2024
PREPARED BY:

Mario Ramirez, Police Captain
APPROVED BY: City Manager
APPROVE THE 2023 MILITARY EQUIPMENT USE REPORT AND

PURCHASE OF A LENCO BEARCAT AND FIVE COLT CARBINE
RIFLES

RECOMMENDATION(S)

1. Approve 2023 Military Equipment Use Report and approve the continued use of military equipment contained in the report;

2. Authorize the purchase of one Lenco BearCat from Lenco Industries, Inc. dba in an amount not to exceed $410,000;

3. Authorize the purchase of five Colt Carbine Rifles in an amount not to exceed $9,000;

4. Authorize the City Manager to execute the purchase agreement with Lenco Industries, Inc. dba.;

5. Adopt resolution to amend the FY23-24 Budget to appropriate $127,000 to the Vehicle Replacement Fund (790); and

6. Amend Morgan Hill Police Department Policy 709 (Military Equipment) to include the five additional patrol rifles.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
2024-2025 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Public Safety Master Plan
REPORT NARRATIVE:
2023 Military Equipment Use Report
The Police Department has completed its 2023 Annual Military Equipment Use Report and presented it to our community at a town hall meeting located at the City Council Chambers on April 10, 2024. The Annual Report is included as an attachment for review and approval. The community present at the town hall meeting were in support of the

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7 continued use of military equipment and in support of the additional equipment requested in this staff report.

Armored Rescue Vehicle Purchase
In 2008, the Santa Clara County Sheriffs Office (SCCSO) completed and submitted a grant application through the Urban Areas Security Initiative (UASI) program for a Chemical, Biological, Radiological, Nuclear, and high yield Explosives (CBRNE) Armored Rescue Vehicle (ARV) in the amount of $310,000.

In 2010, UASI agreed to fund the SCCSO's grant application with stipulations that the acquired armored rescue vehicle would be a mutual aid resource shared by SCCSO, the Morgan Hill Police Department (MHPD), and the Gilroy Police Department (GPD) and stored in south Santa Clara County, to reduce response times during critical incidents. At that time, all three agencies agreed to these requirements and agreed to store the ARV at the GPD, with SCCSO being the Grant Manager, ensuring compliance with the grant requirements. GPD was selected as the primary storage facility because it is located in south Santa Clara County, the ARV could be stored indoors, and GPD is staffed 24 hours a day, seven days a week. The City of Gilroy also agreed to provide preventative maintenance on the ARV. In 2011, SCCSO, MHPD, and GPD took possession of the CBRNE-equipped Lenco BearCat, and the ARV was housed at GPD until 2021. The City of Gilroy Fleet Department performed regular vehicle maintenance on the ARV from 2011 until 2021.

In September 2021, Governor Newsom signed into law Assembly Bill (AB) 481, relating to the use of "military equipment" by law enforcement agencies. AB 481 requires a law enforcement agency to obtain approval from the applicable governing body via the adoption of a "military equipment" use policy before funding, acquiring, or using military equipment. The passage of AB 481 mandated more stringent control over the usage of the ARV. It justified the SCCSO's removal of the ARV from GPD and south Santa Clara County by relocating it to their facility in San Jose.

In April 2021, SCCSO staff picked up the ARV from GPD and subsequently implemented restrictions on its usage until an official checkout process could be established and monitored by SCCSO staff. We have tried to work with the SCCSO to find some common ground that would be in the best interests of all three impacted agencies, but these efforts have been unsuccessful due to state mandates imposed by AB 481.

Over the proceeding months, SCCSO staff established a strict checkout process that required completion of the process before any other agency could use the ARV. The checkout process consists of the following steps:
• A telephone call to SCCSO administration asking for permission to use the ARV.

This step in the process can take up to an hour because SCCSO administration is not always available to field telephone calls immediately. • After authorization is approved, the requesting agency must drive to San Jose, where the ARV is stored. This step in the process can take up to an hour and a

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7 half, depending on the time of day and traffic conditions. • The requesting agency may need to wait for an SCCSO employee to respond and let them into the secured garage. The facility the SCCSO has chosen to store the ARV is not staffed 24 hours a day, and during those off hours, the requesting agency may have to wait an extended period to be given access to the secured garage.
• The requesting agency will need to perform a physical inspection of the ARV as part of the checkout inspection process. During rapidly evolving events, the emergency response of vital equipment is crucial to the preservation of life. • After the checkout inspection process has been completed, the ARV can be driven to south Santa Clara County to be deployed. Again, this step in the process can take up to an hour and a half, depending on the time of day and traffic conditions.

As previously stated, the entire checkout process takes anywhere from one to three hours, depending on the timing of the Santa Clara County Sheriff's Office Administration, the availability of the ARV, the SCCSO staff availability to the garage, and then traffic conditions to and from San Jose. The relocation of the ARV from Gilroy to San Jose has drastically increased the response time of a vital lifesaving piece of equipment.

The process of returning the ARV to the Santa Clara County Sheriff's Office is similar to the checkout process.

In addition to the lengthy checkout process, there have been numerous times over the past two years when the SCCSO has not been able to approve our use of the ARV. The SCCSO staff has provided us with the following justifications:
• The ARV is down for maintenance;
• The ARV is already in use;
• The ARV has been blocked out for use by SCCSO; and
• The ARV is not authorized for community events.

The SCCSO advised us that the ARV could not be used for any community events such as Coffee with a Cop and National Night Out. In the interest of transparency, these are optional opportunities for community members to familiarize themselves with our vehicles and pieces of equipment personally.

Additionally, when we have requested the ARV for our special events, additional restrictions have been placed on where we can store or park the ARV. For example, we are required to ensure the vehicle is out of sight from the public, which would require us to house the ARV at the police department. By not storing the ARV at the location of the special event, this would cause a delay in a rapid response to a critical incident.

There have been five documented incidents within the past three years when the

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7 deployment of the ARV was critically needed to minimize the exposure of police officer safety, secure proximity to tactical observations, provide time to formulate de-escalation plans, and conduct safe suspect apprehension. The ARV was not available during the following critical incidents:

January 2023 - A subject inside a residence, brandishing a knife, kicked in a door and threatened the reporting party. Upon police arrival, the subject locked himself in an upstairs bedroom and refused to come out. SCCSO advised the ARV was not available due to maintenance. Negotiations with the subject were limited by his isolation in the bedroom and our stand-off distance. De-escalation was attempted but had limited success due to our inability to get close enough to communicate effectively with the subject. The subject was eventually taken into custody after surrendering.

January 2023 - Pre-planned service of a search warrant related to convicted felons in possession of firearms and ammunition. Per the SCCSO, the ARV was not available due to the severity of the crimes. We reached out to Campbell Police Department (CPD), which graciously agreed to assist with their ARV and two police officers. CPD's ARV was used to establish communication with the residents using the vehicle's integrated two-way intercom system. De-escalation tactics were employed, and the residents cooperated with the service of the search warrant.

November 2022 - The Merced Police Department tracked a homicide suspect to Gilroy and located him at a local hotel. The subject was wanted for the shooting murder of a 9- month-old child, and the weapon in this crime was still outstanding. By the time the lengthy checkout process with the SCCSO was completed, the suspect had left the hotel on foot, and our SWAT Team officers were forced to utilize unarmored vehicles and took the suspect into custody, with an increase to the SWAT Team officers' and the public's safety.

August 2021 - During a domestic dispute, the suspect armed himself with a shotgun and discharged multiple rounds inside the residence. The shotgun rounds did not hit anyone and the suspect was eventually contacted and arrested. An ARV would have been used to initiate verbal contact with the suspect. However, we did not have the staff available to go through the lengthy checkout process for the ARV. The ARV would have been used during this event as the vehicle's ballistic protection provides a safe environment for our police officers to employ de-escalation techniques and establish clear communication with the suspect using the vehicle's integrated two-way intercom system.

November 2021 - An arrest warrant was served at the residence of a homicide suspect.

The homicide involved a firearm, and the firearm was not located. SCCSO advised the ARV was unavailable, and due to the severity of the crime, we reached out to Santa Clara Police Department (SCPD), which agreed to assist with their ARV and two police officers. SCPD's ARV was used to establish communication with the residents using the vehicle's integrated two-way intercom system. De-escalation tactics were employed, and the residents cooperated with the service of the arrest warrant.

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7 The Police Department is requesting authorization to replace our shared ARV. As the federal government's purchasing agent, the General Services Administration (GSA) connects federal purchasers with the most cost-effective and high-quality commercial products and services. This justification is used to purchase the ARV through GSA Advantage. GSA Advantage sources different government contracts that are not competitively bid but have substantive cost savings across the board. Overall, the City of Morgan Hill will save 5% on the purchase when compared with open market prices.

The Lenco BearCat is an Armored Rescue Vehicle specifically designed for public safety with ballistic protection designed to enhance police officer and citizen safety during high-risk search warrants, hostage situations, armed barricaded subjects, active shooter incidents, and other dangerous critical incidents. The ARV would be used as a rescue vehicle to save lives, provide safety for the medical personnel treating victims, provide safe proximity for crisis negotiations at the scene, and provide the ability to safely deliver equipment, supplies, and other necessities during high-risk operations.

Additionally, the vehicle's ballistic protection provides an environment for our police officers to de-escalate incidents with potentially armed suspects. • The term "armored" is not to be confused with the term "armed." An armored vehicle is simply a vehicle with ballistic resistance capabilities and has no weapons mounted or attached to the vehicle.
• The term "ballistic" has to do with the field of mechanics concerning launch, flight behavior, and impact effects of projectiles. The Armored Rescue Vehicle ballistic protection rating is not the same as the generalized term of being "bulletproof," which is more commonly used but is inaccurate.

The Lenco BearCat is the same brand of armored rescue vehicle currently utilized by the Morgan Hill Police Department as well as all surrounding municipalities and agencies. The standardization of this vehicle allows for additional personnel from neighboring law enforcement agencies to have the necessary knowledge of the ARV's operation and capabilities. Purchasing the same brand of ARV eliminates the need for additional training and the associated costs of maintaining a different type of vehicle.

The Lenco BearCat is based on a Ford F-550 Super Duty commercial truck chassis. It is the only ARV with a 131-inch wheelbase, thus allowing the compact vehicle to have a tighter turning radius than larger options. The smaller turning radius allows the user to navigate through city streets and traffic with greater maneuverability.

Morgan Hill Police Department is committed to using best practices and contemporary law enforcement equipment to enhance our ability to provide the highest level of public safety to our community. ARVs have been and continue to be employed by the MHPD and law enforcement agencies across the country to enhance the safety of the community and law enforcement members. These items provide police officers with the ability to safely resolve volatile situations and critical incidents that potentially would become lethal force encounters. Our current policies provide our police officers with guidelines for using and maintaining an ARV, and it is already listed in our annual equipment inventory report to the City Council.

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7 The use of an ARV is critical to Morgan Hill Police Department's mission and will continue to be strictly regulated through our internal processes and oversight. MHPD Policy 708 is our Equipment Use Policy, and it outlines each item identified in Government Code section 7070 that the City of Morgan Hill currently owns. MHPD Policy 708 includes the specifics of each item, its intended use, and its cost.

Additionally, MHPD Policy 708 protects the public's welfare, safety, civil rights, and civil liberties and ensures safeguards, including transparency, oversight, and accountability measures.

Colt Carbine Rifle Purchase
The Morgan Hill Police Department is requesting the purchase of five new Colt Carbine rifles for operational use. Each police officer in our department is issued a patrol rifle as part of their duty equipment. Prior to deploying such equipment, the police officer must complete a three-day California Police Officers Standards and Training (POST) course.

The five additional rifles will ensure new police officers will have an assigned rifle and that the police department has spare rifles to be issued to our police officers during the annual maintenance of the rifles. This staff report provides a comprehensive justification for the procurement of these new rifles.

Operational Necessity:

The Colt carbine rifle is renowned for its reliability, accuracy, and versatility. It is widely used by law enforcement agencies globally. Given the nature of our operations, there is a critical need for firearms that offer superior performance and adaptability in various scenarios. Colt carbine rifles align seamlessly with these requirements, ensuring our personnel are equipped with the necessary tools to effectively carry out their duties while maintaining the highest standards of safety and precision.

Compatibility and Standardization:

Standardization of equipment is essential for streamlined operations and logistical efficiency. Introducing five new Colt carbine rifles ensures uniformity in our firearm inventory, simplifying maintenance, training, and deployment procedures. Moreover, compatibility with existing accessories, such as optics, magazines, and tactical attachments, further enhances the effectiveness and versatility of our operational capabilities.

Reliability and Durability:

The reputation of Colt carbine rifles for robustness and durability is well-established.

These firearms have undergone rigorous testing and have proven their reliability in various environments and conditions. Ensuring the reliability of our equipment is paramount to the safety and effectiveness of our personnel. By acquiring Colt carbine rifles, we can trust in their performance, even in the most demanding situations, thus mitigating the risk of equipment failure and ensuring operational continuity.

Enhanced Performance and Accuracy:

The accuracy and precision offered by the Colt carbine rifles significantly improve the

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7 effectiveness of our personnel in engaging targets with precision. Whether engaging threats at close range or far range, the superior performance of these firearms enhances our operational capabilities and situational awareness, ultimately contributing to mission success and personnel safety.

Cost-Effectiveness:

The durability and longevity of these firearms, coupled with their minimal maintenance requirements, result in lower life-cycle costs compared to alternative options.

Additionally, the standardization of equipment reduces training costs and simplifies inventory management, further optimizing resource allocation, and operational efficiency.

The acquisition of five new Colt carbine patrol rifles is justified based on operational necessity, compatibility, reliability, performance, and cost-effectiveness. These firearms will significantly enhance our operational capabilities, ensuring our personnel are equipped with the best tools to accomplish their missions safely and effectively.

COMMUNITY ENGAGEMENT:

On April 10, 2024, members of the Morgan Hill Police Department held a town hall meeting to discuss the 2023 Controlled Equipment Annual Report. We discussed the purchase of the Armored Rescue Vehicle and the purchase of the five additional patrol rifles. During this meeting, we learned the members that attended were in support of the purchase of the BearCat and patrol rifles for the safety of our community. Additionally, we shared with our community the need for these purchases and current constraints we face using the SCCSO BearCat.

ALTERNATIVE ACTIONS:

Our staff has researched and evaluated potential Armored Rescue Vehicle options and found all ARVs currently in use by law enforcement agencies in Santa Clara County are the Lenco BearCat. Our staff is familiar with and has twelve years of experience and training with the Lenco BearCat. If all agencies in Santa Clara County continue to use the Lenco BearCat, this would allow for more seamless cross-training between agencies and safer deployments of personnel because they are familiar with the operation of this vehicle platform.

Our staff believes that there is no reasonable alternative to the Lenco BearCat.

Additionally, staff has not discovered alternative products that can achieve the same objectives or safety.

Staff also believes there is no reasonable alternative to the Colt carbine rifle. This is the current weapon system being utilized by the police department, and switching weapon systems would require additional training and increase the overall operating budget of the police department.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

In 2022, the City Council approved the use of controlled equipment as outlined in

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7 Government Code section 7070. This approval included the use of an Armored Rescue Vehicle and the use of Colt Carbine Patrol Rifles.

In 2023, the City Council approved the continued use of controlled equipment by the police department.

FISCAL AND RESOURCE IMPACT:

The recommended replacement/purchase of the Armored Rescue Vehicle in an amount not to exceed $410,000 will be made from the Police Department's Unclaimed Account ($283,000) (010.00.00.0000.29820) and the Vehicle Replacement Fund in the amount of ($127,000) (790.00.10.8500.43830). The funds used from vehicle replacement have been set aside to replace the current SWAT vehicle. However, the vehicle is still in good operational condition, has low mileage, and does not need to be replaced.

The recommended purchase of the five Colt carbine rifles, in an amount not to exceed $9,000, will be made from the Police Department's FY23/24 operating budget. Sufficient funding exists in the department's operating budget to support the recommended purchase.

CEQA (California Environmental Quality Act):

Not a Project.

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Quotation 102488
10 Betnr Industrial Drive - Pittsfield, MA 01201
PH: 413-443-7359 - FAX: 413-445-7865
Quotation Date:

Lenco Tax ID#:
03/15/24
04-2719777
Customer Code: MRLCA
Page #: 1 of 2
Morgan Hill Police Department
16200 Vineyard Boulevard
Morgan Hill, CA 95037 USA
Bill To
Morgan Hill Police Department
16200 Vineyard Boulevard
Morgan Hill, CA 95037 USA
Ship To
Net 30 Days FOB: Destination
Payment Terms
Lenco Contact
Jim Massery
Shipping Terms
Estimated Completion
Ship Via
Common Carrier
Inspection & Acceptance
14+ months ARO (Est.) At Lenco's Facility, Pittsfield, MA Item: Product # Qty Unit Price Total
Vehicle configuration 3625
Lenco BearCat BC55003-BASE 1 $228,803.00 $228,803.00
Options:

California Mandated Solid Burn Red & Blue-Front, Amber & Blue-Rear LED_CALIF 1 Exterior Paint Color: Lusterless Black LUSTERLESS_BLACK 1 Diesel Engine, 6.7L Turbo BCDLEN 1 $9,995.00 $9,995.00
BearCat G3 4-Wheel Off-Road Upgrade Pkg w/Run-Flats BC3WOFFRD 1 $38,454.00 $38,454.00 4-Door Configuration BC4DR 1 $9,823.00 $9,823.00
(1) 7" Vertical GunPort Upgrade BCGP7 8 $228.00 $1,824.00 Electric Power Mirrors BCMIR 1 $1,508.00 $1,508.00
Back up Camera System with Monitor BCBU 1 $2,297.00 $2,297.00 Radio Prep Package, (1) Max (2) BCINSRA 1 $502.00 $502.00 Rear A/C - Heating Systems: High Capacity Upgrade BCHACUP 1 $7,182.00 $7,182.00 Hydraulic Ram Upgrade wFront Mounted Receiver with Ram Post and Plate BCHYDRAM 1 $14,975.00 $14,975.00 Gas Injector Unit BCGIU 1 $14,552.00 $14,552.00
Gas Injector Storage Basket BCGISB 1 $1,295.00 $1,295.00 Break and Rake BCBAR 1 $1,200.00 $1,200.00
Integrated Side Area Lights: (8) BCSAL 1 $3,051.00 $3,051.00 Roof Mounted Remote Control Spot Light - LED BCSLLED 2 $1,404.00 $2,808.00 Take Down Light (Bumper Mounted) BCTDL 1 $1,853.00 $1,853.00 Battery Trickle Charger BCTC 1 $1,392.00 $1,392.00
Plasma Rope BCPLAS1 1 $1,006.00 $1,006.00
Armored Oil Pan Guard BCAOPG 1 $1,936.00 $1,936.00
Ballistic Skip Round Shield BCBSRS 2 $2,420.00 $4,840.00 Front Skid Pan BCFSP 1 $1,713.00 $1,713.00
Intercom System Inside to Outside BCINT 1 $2,871.00 $2,871.00 5 Pack Mag Kit BCMAGKIT 1 $975.00 $975.00
Trauma Lighting (6) Overhead Dome White w/Hi/Low/Red BCLTMED 1 $4,996.00 $4,996.00 Configuration Subtotal: $359,851.00
Lenco BearCat NEWCONFIG 1 $359,851.00 $359,851.00
Freight Out - Vehicles FREIGHTOUT-VEHICLE 1 $14,500.00 $14,500.00 Net Total $374,351.00

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Quotation 102488
10 Betnr Industrial Drive - Pittsfield, MA 01201
PH: 413-443-7359 - FAX: 413-445-7865
Quotation Date:

Lenco Tax ID#:
03/15/24
04-2719777
Customer Code: MRLCA
Page #: 2 of 2
Notes:

Authorized
WARNING: Information Subject to Export Control Laws
Acceptance of this quotation or entering into a purchase agreement with Lenco, the purchaser agrees to Lenco's full Terms and Conditions of Sale, available upon request. This quote will be valid for 60 days.

Please sign and return Jim Massery
Authorized
Thank you
The written approval of the Directorate of US Defense Trade Controls and Lenco Industries, Inc. must be obtained before reselling, transferring, transshipping or disposing of a defense article to any end user, end use or destination other than as stated on this Lenco quote or the shipper's export declaration in cases where an exemption is claimed under this subchapter ITAR 123.9(A).

ACCEPTANCE OF PROPOSAL
Signature:_______________________________ Signature:_______________________________ Morgan Hill CA Sales Tax 9.375% ($33,736.03) not collected by Lenco.

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RESOLUTION NO. 24-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MORGAN HILL APPROVING AN AMENDMENT TO
THE CITY’S FISCAL YEAR 2023-2024 BUDGET IN THE
VEHICLE REPLACEMENT FUND (FUND NO. 790) TO
APPROPRIATE $127,000.00
WHEREAS, the City of Morgan Hill, a municipal corporation and general law city duly organized and existing under and pursuant to the Constitution and laws of the State of California (“City”), is authorized to enter into contracts and agreements for the benefit of the City; and WHEREAS, the reasons supporting this Resolution are set forth in detail in that certain City Council Staff Report entitled “Approve the Purchase of a Lenco BearCat and Five Colt Carbine Rifles” submitted for City Council consideration at its meeting of April 24, 2024, submitted to the City Council by the City Manager (the “Staff Report”), the contents of which Staff Report are incorporated herein by this reference; and
WHEREAS, recommended amendments are needed and proposed to the City’s previously adopted Annual Budget for Fiscal Year 2023-2024 as set forth on Exhibit A to this Resolution, to appropriate the requisite funds to implement the actions authorized by this Resolution; and WHEREAS, the consideration by City Council of the adoption of this Resolution has been duly noticed pursuant to applicable laws and has been placed upon the City Council Meeting Agenda on the date set forth in the Staff Report, or to such date that the City Council may have continued or deferred consideration of this Resolution, and on such date the City Council conducted a duly noticed public meeting at which the City Council provided members of the public an opportunity to comment and be heard and considered any and all testimony and other evidence provided in connection with the adoption of this Resolution; and WHEREAS, the City Council determines that adoption of this Resolution is in the public interest.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:

Section 1. Recitals. The City Council does hereby find, determine and resolve that all of the foregoing recitals are true and correct.

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City of Morgan Hill
Resolution No. 24-_____

Page 2 of 3 ends

b. That the City Clerk is hereby authorized and directed to forward a copy of this Resolution to the City’s Finance Director, who is hereby authorized and directed to take all actions necessary to implement the terms of this Resolution pertaining to the Fiscal Year 2023-2024 Budget of City.

Section 3. This Resolution shall take effect immediately upon adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Morgan Hill at its meeting held on this 24th day of April 2024 by the following vote:

WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.

DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk

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City of Morgan Hill
Resolution No. 24-_____

Page 3 of 3 ends

EXHIBIT A

AGENDA BUDGET SCORECARD
FISCAL YEAR 2023-2024
ADJUSTMENT # 020
FUND: 790 Equipment Replacement Fund
FUNTION: 00 General Services
DEPARTMENT: 10 Administrative Services
DIVISION: 8500 Equipment Replacement
OBJECT: 43830 AUTO/TRUCKS
AGENDA DATE: 04/24/24
AGENDA ITEM TITLE:
06/30/24
07/01/23 PROJECTED

BEGINNING AMENDED ENDING

FUND ESTIMATED APPROPRI- FUND

BALANCE REVENUES ATIONS BALANCE
ORIGINAL BUDGET 7,665,968 2,029,773 1,445,240 8,250,501

CUMULATIVE REVISIONS PRIOR - - - -

TO RECOMMENDED ACTION
RECOMMENDED ACTION - 127,000 (127,000)
RESULT OF RECOMMENDED ACTION 7,665,968 2,029,773 1,572,240 8,123,501 Purchase of Lenco BearCat

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Morgan Hill Police Department

CONTROLLED EQUIPMENT

ANNUAL REPORT
January 1, 2023 to December 31, 2023

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1 Controlled Equipment Annual Report 2023
Table of Contents
Executive Summary……………………………………………………… 2
Introduction……………………………………………………………… 3
Summary of Controlled Equipment Usages……………………………… 4
Current Inventory of Controlled Equipment………………………...…… 6 Controlled Equipment Categories……………………….……..…. 7
Unmanned Aerial Systems ………………………………..………. 8
Armored Vehicle………………………………………..………… 10
The Rook……………………………………………….………… 12
Mobile Incident Command Vehicle……………………….……… 14
Long Range Acoustic Device………..…………………………… 16
40mm Less-Lethal Launchers and Munitions…………...………. 18
Diversionary Devices……………………………………………… 23
Rifles and Munitions………………………………………………. 25
Chemical Agents and Smoke Canisters…………………………… 30
PepperBall Launcher and Projectiles…………………………….. 34
Training Summary……………………………………………..……….. 36
Equipment Costs…………………………………………….….………. 37
Fiscal Impact…………………………………………………..………... 38
Projected Acquisitions for 2024…………………………….….……….. 39
Consumable Controlled Equipment…………………………….………. 39
Non-Consumable Controlled Equipment………………….……………. 40
Department Transparency………………………………….…..………. 42
Controlled Equipment Coordinator Report……………….……..……... 42 Conclusion………………………………………………………………. 44
Appendix………………………………………………………………… 45
Definitions………………………….…………….…….………… 45

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2 Controlled Equipment Annual Report 2023
Executive Summary
On September 30, 2021, the Governor of the State of California approved AB-481, requiring law enforcement agencies to obtain approval of the applicable governing body (Mayor and City Council) by adopting a military equipment use policy. The Department is required to seek City Council approval of their military equipment or controlled equipment use procedure by ordinance at a regular open meeting prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined.

The bill allows the governing body to approve the funding, acquisition, or use of military equipment or controlled equipment within its jurisdiction only if it determines that the controlled equipment meets specified standards. The ordinance is subject to an annual City Council review to determine whether, based on an annual controlled equipment report, the standards set forth in the approving ordinance have been met. The City Council may renew the authorizing ordinance, disapprove authorization for special controlled equipment where standards have not been met, or require modifications to the controlled equipment use procedure to address any non-compliance with standards.

Finally, the bill requires the publication of the controlled equipment use procedure and the annual controlled equipment report on the Department's website. The controlled equipment use procedure must be posted on the website at least thirty (30) days before the City Council meeting.

California Government Code section 7072 requires an annual report within a year of the policy approval and annually after that for as long as the controlled equipment is in use. The annual report must contain the following information:
(1) A summary of how the equipment was used and the purpose of its use. (2) A summary of any complaints or concerns from members of the public about the equipment. (3) The results of an internal audit, including any information about violations of the equipment use policy and any actions taken in response.
(4) The total annual cost for each type of equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing expenses; and from what source funds will be provided for the controlled equipment in the calendar year following submission of the annual report.
(5) The quantity possessed for each type of controlled equipment. (6) If the law enforcement agency intends to acquire additional controlled equipment next year, and the quantity sought for each type of qualifying equipment.

The Police Department shall hold at least one (1) well-publicized and conveniently located community engagement meeting. The public may discuss and ask questions regarding the annual report, the law enforcement agency's funding, acquisition, and/or the use of the controlled equipment.

The Morgan Hill Police Department recognizes the public's ongoing interest in how controlled equipment

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3 Controlled Equipment Annual Report 2023
is used to protect our community. We are committed to maintaining our community's trust in providing professional and responsive police services. As such, the Morgan Hill Police Department has authored the following comprehensive Controlled Equipment Annual Report to remain transparent with our community and in accordance with annual reporting requirements set forth by applicable California Law.

Introduction
The Morgan Hill Police Department is committed to the protection of lives and property by working with our community and providing professional and responsive police services. To accomplish our mission effectively and safely, the Morgan Hill Police Department possesses and utilizes certain specialized equipment (military equipment or controlled equipment) to safeguard the citizens of Morgan Hill and protect our first responders. While our inventory of controlled equipment varies, the mere possession of this equipment does not warrant its use. The merits and the totality of the circumstances of each unique incident are considered before controlled equipment is utilized in compliance with department policy and law.

The term "military equipment or controlled equipment," as used in Assembly Bill 481, does not necessarily indicate the equipment is or has been used by the military. Many items defined as "military equipment or controlled equipment" by the bill are often used by law enforcement to preserve life and enhance public and officer safety while remaining prepared to handle the various lethal and non-lethal challenges facing our communities. The Morgan Hill Police Department's use of controlled equipment is consistent with overall best practices employed by police departments nationwide.

Items used by the Morgan Hill Police Department that are considered military equipment or controlled equipment under Assembly Bill 481 include but are not limited to, emergency response equipment such as command vehicles and armored rescue vehicles, less-lethal shotguns, less-lethal 40mm projectile launchers, precision weapons such as rifles, unmanned aircraft systems, and other select items. The continued access to and use of this equipment is vital in ensuring our officers have the appropriate tools to de-escalate situations, preserve life, ensure safety for all people, and protect civil liberties.

This Controlled Equipment Annual Report outlines a summary of the equipment usage guidelines, inventory, fiscal impact, complaints, and reported community concerns for the calendar year 2023 (January 1, 2023 through December 31, 2023).

Summary of Controlled Equipment Usage

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4 Controlled Equipment Annual Report 2023
The Morgan Hill Police Department provides law enforcement services twenty-four hours a day, seven days a week, serving a city population of over 45,500. The Department is committed to de-escalating situations, and using force is reserved for instances where less intrusive options are not feasible. In 2023, the Morgan Hill Police Department responded to approximately 37,501 calls for service. Of those calls for service, officers used force on thirteen (13) occasions, representing .0003% of the total calls for service.

Officers utilized controlled equipment in two (2) cases involving the use of force.

Police events and critical incidents are often dynamic and unpredictable. The availability and use of specific equipment are necessary for incident commanders, officers, and specialized units to resolve incidents safely and effectively. It is incumbent upon incident commanders, supervisors, individual officers, and specialized teams to recognize the circumstances wherein specialized equipment should be deployed and to utilize the equipment within the confines of department policy and State law. Each use of military equipment is later reviewed to ensure it was used appropriately based on the totality of the circumstances known to the officers at the time and with a special focus on maintaining community and officer safety, civil rights, California Law, and information available at the time of use.

The Morgan Hill Police Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of military equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution in a safe manner. While the Morgan Hill Police Department's inventory of military equipment is varied, the mere possession of the equipment does not warrant its use for every incident. The use of military equipment is restricted to use only in certain instances and, in some cases, only by certain units.

This section outlines the controlled equipment usage for 2023. Certain items of controlled equipment, particularly consumables (ammunition, diversionary devices, pepper balls, chemical agents, etc.) are used throughout the year regularly for training in order to maintain proficiency. Training usage is not captured in this section. This section only provides data for the operational use of controlled equipment listed within this Annual Equipment Report.

The following is the data for military equipment usage by category for 2023:

Unmanned Aircraft System (UAS)
The UAS was utilized zero (0) times operationally in 2023.

Armored Rescue Vehicles
The armored rescue vehicle was utilized nine (9) times operationally in 2023. These deployments occurred during SWAT operations in the City of Gilroy and the City of Morgan Hill and during special events held in the City of Morgan Hill. The armored rescue vehicle was also obtained through mutual aid with the Santa Clara County Sheriff's Office and the Santa Clara Police Department.

NIJ Level IV Armored Caterpillar (CAT) Multi-Terrain Loader (The ROOK) The NIJ Level IV Armored Caterpillar (CAT) Multi-Terrain Loader (The ROOK) was utilized zero (0)

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5 Controlled Equipment Annual Report 2023
times operationally in 2023. Currently, the Department does not possess an NIJ Level IV Armored Caterpillar (CAT) Multi-Terrain Loader (The ROOK); however, the Police Department continues to look for grant funding.

Mobile Command Vehicle (MCV)
The Mobile Command Vehicle (MCV) was utilized nine (9) times operationally in 2023. These deployments occurred during SWAT operations in the City of Gilroy and Morgan Hill and for special events, including Independence Day Celebration and Boot and Brews.

Long Range Acoustic Device (LRAD)
The Long Range Acoustic Device (LRAD) was utilized operationally zero (0) times in 2023. 40mm Launchers and Rounds
The 40mm Launchers and Rounds were utilized one (1) time operationally in 2023. These usages are as follows:
• 09-20-23: Officers responded to a call for service regarding a subject threatening individuals with a knife. Officers spoke with the subject for over 30 minutes, trying to get the subject to drop the knife; however, the armed subject began to walk rapidly toward the officers, resulting in the deployment of the 40mm launcher. The subject was taken into custody without further incident.

Less Lethal Shotgun
A Less Lethal Shotgun was utilized one (1) time operationally in 2023. The usage is as follows:
• 11-17-23: Officers attempted to stop a stolen vehicle; however, the suspect refused to stop, and a pursuit was initiated. At the conclusion of the pursuit, the subject exited the vehicle and refused to comply with officers' requests to place their hands in the air and lie on the ground. The subject reentered the vehicle, against the commands of the officers. Due to this significant threat to the officers and the community, the less lethal shotgun was deployed.

Distraction Devices
Distraction Devices were utilized four (4) times in 2023. In these instances, the Distraction Devices were utilized as attention-getting devices related to SWAT callouts or high-risk warrant services.

Chemical Agent and Smoke Canisters
Chemical Agents and Smoke Canisters were utilized zero (0) times in 2023.

PepperBall Launcher and Related Munitions
PepperBall Launcher and Related munitions were utilized zero (0) times in 2023.

Rifles
The Colt Carbine AR-15 Rifle, Colt Carbine M4 rifle, and Remington 700 Rile were utilized operationally zero (0) times in 2023, as the Morgan Hill Police Department had zero (0) officer-involved shootings in 2023.

Current Inventory of Controlled Equipment

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6 Controlled Equipment Annual Report 2023
The Morgan Hill Police Department is committed to remaining transparent about the Department's controlled equipment inventory and sharing the equipment's capabilities, uses, and other related information with our community and elected officials. The data provided in this report is accurate as of February 2024; however, inventory may have fluctuated by the time of this report's publication.

The inventory of controlled equipment, particularly consumable material (ammunition, diversionary devices, munitions, etc.) may fluctuate due to various factors, including but not limited to operational usage, operational deterioration, training, maintenance, etc. expiration, and replenishment guidelines.

The following is a list of the various types, descriptions, and guidelines for the usage of controlled equipment currently employed by the Department:
(*NOTE: The descriptions and source photos in this report are for controlled equipment descriptive purposes only and are not endorsed by the City of Morgan Hill or the Morgan Hill Police Department of a product or vendor.)
Controlled Equipment Categories
Assembly Bill 481 created Government Code 7070, which designated 15 categories of items deemed

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7 Controlled Equipment Annual Report 2023
"military" or more accurately defined as controlled equipment:
* Category
1:

Unmanned, remotely piloted, powered aerial or ground vehicles * Category
2:

Mine-resistant ambush-protected vehicles or armored personnel carriers * Category
3:

High mobility multipurpose wheeled vehicles (HMMWV), two-and-onehalf-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached
Category
4:

Tracked armored vehicles that provide ballistic protection to their occupants
* Category
5:

Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units Category
6:

Weaponized aircraft, vessels, or vehicles of any kind
* Category
7:

Battering rams, slugs, and breaching apparatuses that are explosive in nature
Category
8:

Firearms and ammunition of .50 caliber or greater, excluding standardissue shotguns and standard-issue shotgun ammunition * Category
9:

Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue handguns
* Category
10:

Any firearm or firearm accessory that is designed to launch explosive projectiles
* Category
11:

Noise-flash diversionary devices and explosive breaching tools * Category
12:

Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray
Category
13:

TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices
* Category
14:

Kinetic energy weapons and munitions
Category
15:

Any other equipment as determined by a governing body or a state agency to require additional oversight
* Indicates a category of controlled equipment previously approved by the governing body and utilized by the Morgan Hill Police Department.

Unmanned Aerial Systems (UAS) (Category 1)
An unmanned aerial system can sustain direct flight, whether remotely controlled or via pre-programming.

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All the attached systems are designed for gathering information via photography, recording, or any other means.

Capability: The Morgan Hill Police Department owns one (1) Unmanned Aerial System (UAS) to enhance public safety. The UAS can be deployed when an overhead view would assist officers or incident commanders with planning and responding to a situation. Types of situations include but are not limited to, infrastructure damage assessments, major traffic collision investigations, search for missing persons, natural disaster management, crime scene photography, SWAT, tactical or other public safety and lifepreservation missions, and/or in response to specific requests from local, State, or Federal fire authorities for fire response and/or prevention. All UAS used by the Department is used in compliance with all federal, state, and local laws.

Usage: Use is established under Morgan Hill Policy Manual Section 613 and FAA Regulation 14 CFR Part 107. It is the policy of the Morgan Hill Police Department to utilize UAS only for official law enforcement purposes and in a manner that respects the privacy of our community, pursuant to State and Federal law. UAS usages include the collection of evidence in the form of aerial photography/video in support of an investigation (i.e., shooting scenes, homicide scenes); support of SWAT and Patrol during high-risk, tactical, or other public safety life preservation missions (i.e., interior visual assessments of structures or outdoor areas to gain intelligence prior to officers entering a dwelling or contacting a potentially armed or a resistive subject that may be hiding); to conduct aerial searches for missing persons; and provide aerial observation to assist in managing natural disasters (i.e., fires, floods, storms) or in any other manner to preserve life and enhance public safety.

Training Requirements: All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. Although not required by P.O.S.T. or the FAA, officers attend a 20- hour internal training course. Course topics include terminology, proper and safe flying techniques, privacy concerns, laws, and the Department's UAS policy review.

The Department currently utilizes the following UAS:

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Skydio Two
Manufacturer: Skydio
Manufacturer Description: The Skydio 2+ weighs approximately 800 grams and can record video within approximately 27 minutes of flight time. This is a remotely operated battery-powered or autonomist aircraft designed to be operated within sight of the operator or a spotter. Each aircraft is equipped with a camera capable of relaying a real-time image back to the operator.

Armored Vehicle (Categories 2 & 3)
Cost $1,000 each
Quantity 1
Lifespan 3-5 Years
Funding Source Department Funds

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Commercially produced 4-wheel drive vehicle designed for law enforcement that provides protection against bullets, shell fragments, and other projectiles.

Capability: The Medevac is primarily used by the Special Weapons and Tactics Team (SWAT) to safely transport personnel to and from critical incidents, extract citizens from volatile situations, high-risk rescue operations, training, provide emergency medical staff and/or Tactical Emergency Medicine (TEM) personnel a safe working environment, and to delivering equipment in high-risk environments. The Medevac can also be used to conduct rescue missions during disasters. Additionally, the vehicle is utilized for community engagement efforts and other applications deemed appropriate.

Usage: Use is established under Morgan Hill Policy Manual Section 708. It is the policy of the Department to utilize the armored vehicle only for official law enforcement purposes and pursuant to State and Federal law.

Training Requirements: All drivers/operators shall attend formalized instruction and be trained in vehicle operations and practical driving techniques. P.O.S.T. certified driving instructors provide training consisting of safe driving practices and proper operation of the vehicle's equipment.

The Department currently utilizes the following Armored Vehicle:

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2010 LENCO Bearcat MEDEVAC, G2
Manufacturer: LENCO
Manufacturer Description: The Lenco BearCat Medevac, also known as the Armored Rescue Vehicle (ARV), was designed to meet the combined requirements of SWAT & Tactical Emergency Medical Service Teams. The Medevac can be used as an armored Response & Rescue SWAT truck for dangerous callouts and is equipped to provide Tactical EMS with a safe & effective environment to deal with trauma cases. It seats 10-12 personnel with an open floor plan that allows for the rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor. The current Lenco BearCat utilized by the Department is owned by the Santa Clara County Sheriff's Office and is obtained through a mutual aid request.

NIJ Level IV Armored Caterpillar (CAT) Multi-Terrain Loader (The ROOK) (Category 4)
Cost $310,000
Quantity Mutual Aid
Lifespan 25 Years
Funding Source Grant Funding

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A commercially produced Caterpillar tractor designed for law enforcement that provides protection against bullets, shell fragments, and other projectiles.

Capability: The ROOK is primarily used by the Special Weapons and Tactics Team (SWAT) to safely transport personnel to and from critical incidents, extract citizens from volatile situations, high-risk rescue operations and training, provide emergency medical staff and/or Tactical Emergency Medicine (TEM) personnel a safe working environment, and to delivering equipment in high-risk environments. The ROOK can also be used to conduct rescue missions during disasters. Additionally, the vehicle is utilized for community engagement efforts and other applications deemed appropriate.

Usage: Use is established under Morgan Hill Policy Manual Section 709. It is the policy of the Department to utilize the armored vehicle only for official law enforcement purposes and pursuant to State and Federal law.

The Department will be seeking grant funding for the following Armored Vehicle:

NIJ Level IV Armored Caterpillar (CAT) Multi-Terrain Loader (The ROOK)

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Manufacturer: NIJ
Manufacturer Description: ROOK is a custom "armored critical incident vehicle" built on the chassis of a CAT Bulldozer manufactured by Ring Power. The ROOK is built to increase job safety, versatility, and mission-specific response. The ROOK is equipped with powerful mission-specific attachments. The ROOK is capable of being used in tight areas both inside and outside, where traditional armored vehicles may not be able to enter.

Mobile Incident Command Vehicle (Category 5)
A completely self-contained command post designed to provide shelter, access to department computers, for extended events. This vehicle can also manage/facilitate pre-planned or significant events requiring Cost N/A
Quantity N/A
Lifespan 25 Years
Funding Source Grant Funding

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on-site planning and incident command personnel.

Capability: As a mobile base of operation, this vehicle contains specialized command, control, and communications equipment that can be used during critical incidents, large events, natural disasters, and community events. The command vehicle is equipped to function as a fully operational mobile Public Safety Answering Point (PSAP). It will serve as a backup to the existing Dispatch Center in the Police Department.

Usage: The command vehicle shall be used by trained personnel in a manner consistent with Department policy and training. Furthermore, only personnel who have completed the Departmental training and are properly licensed will be allowed to drive the command vehicle.

The Department currently operates the following MICs:

Mobile Incident Command Vehicle

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Manufacturer: LDV, Inc.

Manufacturer Description: The Mobile Command Vehicle (MCV) is a fully functioning Mobile Public Safety Answering Point (PSAP) and is a backup to our existing Dispatch Center. The MCV is a shared asset used by the Morgan Hill Police Department and the Gilroy Police Department during critical incidents, pre-planned large events, searching for missing persons, natural disasters, and community events.

Long Range Acoustic Device (LRAD) (Category 13)
Cost $ 690,132
Quantity 1
Lifespan 25 Years (Chassis)
6 Years (IT Systems)
Funding Source Grant Funding/
Department Funds

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Long Range Acoustical Device (LRAD) is a high-intensity directional array for long-range, crystal-clear hailing, notification, and an unmistakable warning tone. The LRAD is primarily used as a communication device.

Capability: Featuring an extended voice broadcast range of 600 meters, the LRAD 100X ensures voice messages are heard and understood. LRAD's optimized driver, waveguide, and power efficiency technologies enable the LRAD 100X to provide several hours of clear, continuous communication from a single battery charge.

Usage: To be used to issue dispersal orders during crowd and riot control situations or to address the public in the event of civil emergencies, natural disasters, evacuations, and police incidents (e.g., missing persons, perimeters for wanted suspects/K9 deployments, etc.). The LRAD may also be used to issue a warning tone. Authorized Use: The LRAD shall only be used by officers trained in its deployment and used consistently with Department policy and training.

Training Requirements: All operators receive training prior to operating any of the LRAD's in the field to ensure proper deployment. It is the policy of the Morgan Hill Police Department to utilize the LRAD only for official law enforcement purposes and pursuant to State and Federal law.

The Department currently operates the following LRADs:

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Long Range Acoustical Device (LRAD)
Manufacturer: LRAD
Manufacturer Description: Featuring an extended voice broadcast range of 600 meters, the LRAD 100X ensures voice messages are heard and understood. LRAD's optimized driver, waveguide, and power efficiency technologies enable the LRAD 100X to provide several hours of clear, continuous communication from a single battery charge.
40mm Less-Lethal Launchers and Munitions (Categories 10, 12, & 14) Cost $ 17,558
Quantity 1
Lifespan 25 Years
Funding Source Grant Funding

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A single-shot impact launcher can fire an array of less-lethal 40mm rounds.

Capability: De-escalate situations using less-lethal force and gain compliance from a safe distance. 40mm Less-Lethal Launchers have an effective range of up to 20 yards.

Usage: The 40mm less-lethal launcher may be deployed to gain compliance or de-escalate conflicts to help prevent a situation from becoming a lethal force situation. The system's effectiveness provides time and distance between officers and a suspect, reducing the threat's immediacy and allowing further deescalation. This system can be used to address self-destructive/suicidal, dangerous, and/or combative individuals; to gain a tactical advantage from a distance (i.e., breaking a window to get an unobstructed view of an individual or disabling a security camera); against potentially vicious animals; and for riot/crowd control and/or civil unrest incidents where the use of the 40mm is objectively reasonable.

Training Requirements: Officers utilizing 40mm less-lethal chemical agents or impact rounds are trained in their use by P.O.S.T. certified less-lethal chemical agent instructors. Training includes a review of the Department's Use of Force Policy, nomenclature, familiarization of the system, and a qualification course.

The Department utilizes the following 40 MM Less-Lethal Launcher and Munitions:

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Defense Technologies 40 MM Single Shot Launcher #1425
Manufacturer: Defense Technology
Manufacturer Description: The 40MM Single Launcher is a tactical single-shot launcher that features an adjustable Integrated Front Grip (IFG) with a rail-mounted holographic sight. It will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40MM less lethal round up to 131 feet and is only authorized to be used by trained personnel.

The Department currently possesses the following 40mm munitions:

Defense Technology 40mm Exact Impact Sponge Round #6325 Manufacturer: Defense Technology
Manufacturer Description: A less-lethal 40mm lightweight plastic and foam projectile fired from a single or multi-round purpose-built 40mm launcher with a rifled barrel at 325 FPS. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target. The 30-gram foam projectile delivers 120 ft/lbs of energy on impact.

Defense Technology 40MM Direct Impact Reloadable Training Kit #6530 Cost $810 each
Quantity 5
Lifespan 25 Years
Funding Source Department Funds
Cost $32 each
Quantity 56
Lifespan 5 Years
Funding Source Department Funds

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Manufacturer: Defense Technology
Manufacturer Description: The 250-piece Direct Impact Reloadable Training Kit allows realistic training to be conducted at a fraction of the cost of using operational rounds. These reusable projectiles can be reloaded by hand in the field in less than ten (10) seconds without the need for presses or other reloading equipment. These rounds are not for use on humans.

Less-Lethal Shotgun and Munitions(Categories 9 & 14)
Cost $1342 each
Quantity 1 kit
Lifespan No Expiration
Funding Source Department Funds

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The less-lethal shotgun is a standard Remington Model 870, 12-gauge shotgun that has been converted to fire bean bag rounds as an alternative to lethal force when appropriate. The less-lethal shotgun has a distinctive, orange-colored stock and foregrip to distinguish it from lethal weapons.

Capability: The less-lethal shotgun can fire a 12-gauge Super-Sock Bean Bag Round with a maximum effective range of seventy-five (75) feet. The weapon system's range helps maintain space between officers and a suspect, reducing the threat's immediacy, which is a principle of De-Escalation.

Usage: The less-lethal shotguns can be deployed to de-escalate conflict and reduce the need for lethal force. The system's effectiveness allows time and distance between officers and a suspect, reducing the threat's immediacy and allowing further de-escalation. This system can be used to address selfdestructive/suicidal, dangerous, and/or combative individuals, to gain a tactical advantage from a distance (i.e., breaking a window to get an unobstructed view of an individual or disabling a security camera), against potentially vicious animals, riot/crowd control and/or civil unrest incidents where the use of the 40mm is objectively reasonable.

Training Requirements: Officers must complete a minimum of two hours of department training before deploying the less lethal shotgun. Training includes a review of the Department's Use of Force Policy, nomenclature, familiarization of the system, and a qualification course.

The Department possesses the following Less Lethal Shotguns and Munitions:

Mossberg 500 Less Lethal 12 Gauge Shotgun

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Manufacturer: Mossberg
Manufacturer Description: The Mossberg 500 Less Lethal Shotgun is used to deploy the less lethal 12- gauge Super-Sock Beanbag Round up to a distance of 75 feet. The weapon system's range helps maintain space between officers and a suspect, reducing the immediacy of the threat, a principle of De-Escalation.

Combined Systems Inc. Super-Sock Bean Bag Round #2581
Manufacturer: Combined Systems Inc.

Manufacturer Description: A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). CTS Super-Sock rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and foregrip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target.

Diversionary Devices (Category 11)
A handheld device that can be deployed to emit a flash, sound, and/or smoke.

Cost $553.00 each
Quantity 10
Lifespan 25 Years
Funding Source General Funds
Cost $32/box
Quantity 91 Rounds
Lifespan No Expiration
Funding Source General Funds

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Capability: To produce atmospheric overpressure and brilliant white light that can cause short-term (6 to 8 seconds) physiological/psychological, sensory deprivation to give officers a tactical advantage. A diversionary device is ideal for distracting dangerous suspects during apprehensions, hostage rescues, room entry, or other high-risk arrest situations.

Usage: Diversionary devices shall only be used by officers who have been trained in the proper use. These devices can be deployed in hostage and barricaded subject situations; in high-risk (search/arrest) warrant services where there may be hazards to officers; during other high-risk situations where the use would be advantageous in preserving life and/or increase officer safety; and during training exercises.

Training Requirements: Officers must attend diversionary device training before using this equipment.

P.O.S.T. certified instructors provide training in the safe handling, deployment, and documentation of the use of this equipment.

Note: Some orders of Diversionary Devices can only be ordered in minimum quantities. As a result, some inventories may occasionally exceed the needed amounts.

The Department currently possesses the following Diversionary Devices:

Combined Systems Inc. (CTS) Flash Bang, Steel Body-7290

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Manufacturer: Combined Systems Inc. (CTS)
Manufacturer Description: The CTS 7290 is the standard for diversionary flash-bang devices. The patented design of the 7290 incorporates a porting system that eliminates movement of the body at detonation, even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output. The 7290 produces 165-180db and 6-8 million candela of light output.

Special tactical units use flash bangs during hostage rescues and high-risk warrants. It is an ATFcontrolled Class-C explosive device that emits a bright light and thunderous noise to distract potentially dangerous individuals.

Rifles and Munitions (Category 9)
The rifle is a long-barreled firearm designed for greater accuracy over a long distance.

Cost 47.60 per
Quantity 16 in stock/ purchased
cases of 24
Lifespan 5 Years
Funding Source Department Funds

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Capability: The rifle allows officers to engage hostile suspects from distances far greater than their handguns. The standard-issued rifles can have an effective range of 600 yards and offer increased accuracy over a handgun. However, rifles are not appropriate for every situation.

Usage: Officers may deploy the rifle in any circumstance where the officer can reasonably expect the rifle to be needed. Examples of some general guidelines for deploying the rifle may include, but are not limited to, the following:
• Situations where the officer reasonably anticipates an armed encounter. • When an officer is faced with a situation that may require the delivery of accurate and effective shot placement at long range.
• Situations where an officer reasonably expects the need to meet or exceed a suspect's weaponry. • When an officer reasonably believes there may be a need to deliver accurate shot placement on a barricaded suspect or a suspect with a hostage.
• When an officer reasonably believes a suspect may be wearing body armor.

Training Requirements: Officers must complete a 16-hour P.O.S.T. approved training course before deploying a rifle. Officers are required to pass a qualification course annually. P.O.S.T. certified instructors teach the course.

The Department currently possesses the following rifles and munition:

Colt Tactical Carbine Model AR-15A3

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Manufacturer: Colt
Manufacturer Description: A rifle that fires an intermediate-power cartridge (.223) is more powerful than a standard pistol but less powerful than a standard rifle. Rifle and has a 16" barrel. The magazine holds 30 rounds, and the rifle has a collapsible stock. The carbine allows officers to engage hostile suspects at distances generally greater than the effective distance of their handguns. Additionally, AR-15 rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor but are not appropriate for every situation.

Colt Tactical Carbine Model M4
Manufacturer: Colt
Manufacturer Description: A rifle that fires an intermediate-power cartridge (.223) is more powerful than a standard pistol but less powerful than a standard rifle. Rifle and has a 16" barrel. The magazine holds 30 rounds, and the rifle has a collapsible stock. The carbine allows officers to engage hostile suspects at distances generally greater than the effective distance of their handguns. Additionally, M4 rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor but are not appropriate for every situation.

Remington Model 700 P Bolt Action Rifle
Cost $1,099 each
Quantity 44
Lifespan Ten years
Funding Source Department Funds
Cost $2,027 each
Quantity 8
Lifespan Ten years
Funding Source Department Funds

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Manufacturer: Remington
Manufacturer Description: A semi-automatic shoulder-fired rifle with precision optics that fires a .308 Winchester cartridge. The .308 rifle allows SWAT Snipers to engage violent suspects at great distances.

The .308 rifles are used exclusively by officers assigned to the SWAT Sniper Team. These rifles are typically deployed with the SWAT Sniper Team during high-risk SWAT operations and special events or instances wherein Sniper Over Watch Teams are needed.

The Department currently possesses the following rifle munitions:

Federal American Eagle 9MM Luger 147 GR Full Metal Jacket Manufacturer: Federal
Manufacturer Description: This Federal American Eagle 9mm Luger ammunition is loaded with a 147- grain Full Metal Jacket bullet. The Full Metal Jacket bullet is for range practice and reducing fouling in the barrel. The jacket extends from the nose to the base, preventing bullet expansion and barrel leading.

This ammunition is a new production, non-corrosive ammo, featuring brass cases, boxer primed, and is reloadable.

Speer Gold DOT .223 62 Grain (GR) Rifle Round
Cost $1099 each
Quantity 1
Lifespan Ten years
Funding Source Department Funds
Cost $295/ Case
Quantity 25,000 Round
Lifespan No Expiration
Funding Source Department Funds

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Manufacturer: Speer Gold
Manufacturer Description: Remington ammo made by Speer is reloadable, features nickel-plated brass cases and Boxer primers, and is a non-corrosive round. In addition to its remarkable strength, Gold Dot rifle ammunition asserts remarkable accuracy with exact tolerances and unparalleled bullet uniformity of jacket thickness. The Gold Dot LE ammunition joins the jacket and core one molecule at a time; thanks to this, Speer eradicates the potential for the leading cause of bullet failure (jacket/core separation). This process will guarantee extraordinary weight retention through barriers as strong as auto-glass.

Speer Gold DOT .223 55 Grain (GR) Rifle Round
Manufacturer: Speer Gold
Manufacturer Description: Remington ammo made by Speer is reloadable, features nickel-plated brass cases and Boxer primers, and is a non-corrosive round. In addition to its remarkable strength, Gold Dot rifle ammunition asserts remarkable accuracy with exact tolerances and unparalleled bullet uniformity of jacket thickness. The Gold Dot LE ammunition joins the jacket and core one molecule at a time; thanks to this, Speer eradicates the potential for the leading cause of bullet failure (jacket/core separation). This process will guarantee extraordinary weight retention through barriers as strong as auto-glass.

Cost $260 Case
Quantity 43,500 Rounds
Lifespan No Expiration
Funding Source Department Funds
Cost $260/ Case
Quantity 1,600 Rounds
Lifespan No Expiration
Funding Source General Fund

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Hornady .308 Winchester A-Max Tap Rifle Round
Manufacturer: Hornady
Manufacturer Description: This law enforcement cartridge offers match accuracy with a high ballistic coefficient, providing superior long-range performance. This load demonstrates expansion and fragmentation similar to the 168-gr. load, but with a noticeable increase in penetration and retained bullet weight. This bullet penetrates glass with minimal deflection and exhibits excellent expansion and fragmentation characteristics.

Chemical Agents and Smoke Canisters (Category 12)
Cost $433 Case
Quantity 1020 Rounds
Lifespan No Expiration
Funding Source General Fund

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Canisters containing non-lethal chemical agents and/or smoke that are released when deployed.

Capability: Chemical agent and smoke canisters have a variety of individual capabilities and applications.

Chemical agent and smoke canisters carry the agent into the environment in a variety of methods, including but not limited to powder, a liquid mist, smoke, pyrotechnic devices, and vapor aerosols.

Exposure to chemical agents normally causes no lasting effects. This equipment has indoor and outdoor capabilities and uses.

Usage: The use of chemical agents causes mucous membranes and exposed skin to become inflamed, resulting in a burning sensation. It provides a temporary respiratory effect and induces discomfort on the skin. Chemical agents and smoke canisters may be utilized during confrontations with violent or potentially violent suspects as a less lethal option to assist with dispersing violent crowds and/or for the arrest of suspects. Smoke canisters are used to create a diversion or conceal the movement of a tactical team.

Training Requirements: Officers utilizing chemical agent canisters are certified by P.O.S.T. less-lethal chemical agent instructors. Sworn members are trained in the proper use of chemical agent canisters and smoke canisters, terminology, and documentation for the use of this equipment.

The Department currently possesses chemical agents:

Combined Systems Inc. (CTS) 6210-R Red Smoke

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Manufacturer: Combined Systems Inc. (CTS)
Manufacturer Description: White and colored smoke grenades obscure tactical movement, signaling or marking a landing zone.

Outdoor Tactical Grenade CS- 8230
Manufacturer: Combined Systems Inc. (CTS)
Manufacturer Description: 8230 – The smallest diameter burning grenade that discharges a high volume of smoke and chemical agent through multiple emission ports. It can be hand-thrown or launched.

Specifically for outdoor use, and it should not be deployed on rooftops, in crawl spaces, or indoors due to fire-producing capability.
40mm Frangible Impact-CS Powder-4530
Cost $45.85 per
Quantity 23 in stock
Lifespan 5 Years
Funding Source General Fund
Cost 26.40 per
Quantity 31 in stock
Lifespan 5 Years
Funding Source General Fund

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Manufacturer: Combined Systems Inc.

Manufacturer Description: 40mm multi-effect munition delivering greater energy on the target with extreme accuracy and simultaneously dispersing a cloud of irritant or marking powder.

Launching Cup attachment
Manufacturer: Combined Systems Inc. (CTS)
Manufacturer Description: The LC6 Launching Cups are designed for the 6200 series grenades. These can be fired from most 12ga smooth-bore shotguns. The cups can be attached to virtually any 12ga shotgun, and the munition is launched with our model 2600 launching cartridge.

Combined Systems Inc. (CTS) CS Baffled Canister Grenade, Pyro, Low Flame Potential- 5230(B) Manufacturer: Combined Systems Inc. (CTS)
Manufacturer Description: Pyrotechnic grenade designed for indoor use, delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire.

Cost 30.00 per
Quantity 58 in stock
Lifespan 5 Years
Funding Source General Fund
Cost 100.00 per
Quantity 2 in stock
Lifespan
Funding Source General Fund
Cost $40 each
Quantity 50
Lifespan 5 Years
Funding Source General Fund

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Combined Systems Inc. (CTS) Launching Cartridge- 2600
Manufacturer: Combined Systems Inc. (CTS) Launching Cartridge Manufacturer Description: The LC5 & LC6 launching cups are designed for the 52 & 62 series grenades, respectively. The cups can be attached to virtually any 12ga shotgun, and the munitions are launched with our Model 2600 and 3600 launching cartridges.

Combined Systems Inc. (CTS) OC Vapor Grenade-6340
Manufacturer: Combined Systems Inc. (CTS)
Manufacturer Description: This unique grenade delivers an invisible OC vapor and renders an intense respiratory effect to a non-compliant subject.

PepperBall Launcher and Projectiles
Cost $5.50 each
Quantity 75
Lifespan 5 Years
Funding Source General Fund
Cost 45.25 per
Quantity 25
Lifespan 5 Years
Funding Source General Fund

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A device that discharges projectiles containing non-lethal chemical agents, which are released upon impact.

Capability: The Defense Innovation is a compressed-air powered launcher designed to fire non-lethal PepperBall projectiles.

Usage: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Situations for the use of the less-lethal weapon systems may include but are not limited to:

1. Self-destructive, dangerous, and/or combative individuals.

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

5. Training exercises or approved demonstrations.

Training Requirements: Officers utilizing PepperBall launchers are trained in their use by P.O.S.T. certified less-lethal and chemical agent instructors.

The Department currently possesses the following PepperBall Launcher:

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Defense Innovations PepperBall Launcher
Manufacturer: Defense Innovations
Manufacturer Description: The Defense Innovation is a compressed-air powered launcher designed to fire non-lethal PepperBall projectiles. A device that discharges projectiles containing non-lethal chemical agents, which are released upon impact. The PepperBall Defense Innovation is a single feed system with the use of a Hooper.

PepperBall Projectiles
Manufacturer: Defense Innovations
Manufacturer Description: The basic PepperBall projectile contains 2% PAVA pepper powder and is designed for direct impact and area saturation, especially in confined interior spaces. The projectile contains 0.5% PAVA Powder. The projectile is discharged from a PepperBall Launcher and has a 200- 500 FPS velocity.

Training Summary
Safely using certain military equipment requires ongoing training to maintain proficiency and required Cost $350.00
Quantity 2
Lifespan 20 years
Funding Source General Fund
Cost $75.00
Quantity 2
Lifespan Three years
Funding Source General Fund

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certifications. While the Department conducts most ongoing training internally through the Personnel and Training Division, external training courses and services are often also necessary. Training courses can vary yearly depending on operational needs and State or Federal mandates. Consumable and nonconsumable equipment are often used during training to ensure competency during actual operational use.

Funding sources for training include the Police Department's operating budget and/or grants.

Equipment Costs
The following table summarizes equipment-related expenditures for the calendar year 2023 and the projection of expenses for the calendar year 2024. Equipment expenditures include the acquisition of new

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equipment, the replacement of damaged equipment, and the ongoing maintenance of the controlled equipment.

Equipment Type Annual Maintenance
(2023)
Projections
(2024)
Unmanned Aircraft System $0 $0
Armored Vehicles N/A N/A
The ROOK N/A N/A
Mobile Incident Command $12,000 $12,000
Long Range Acoustical
Device (LRAD) $0 $0
40mm Less-Lethal
Launchers $250 $250
Less-Lethal Shotguns $500 $16,411
Diversionary Devices $1,579 $1,000
Rifles $2,600 $11,500
Chemical Agents and
Smoke Canisters $4,664 $2,000
PepperBall Launchers $100 $100
TOTAL $21,693 $43,261
Fiscal Impact
The Morgan Hill Police Department is budgeted for 67 full-time employees, including 42 full-time sworn officer positions and 25 full-time professional staff positions. During Fiscal Year 2023/2024, the Police

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Department had an operating budget of $22,397,424.

Although the City of Morgan Hill adopts its operating budget on a two-year fiscal basis (beginning July 1), the cost of controlled equipment expenditures is reflected in this report for the calendar year 2023 as required by Assembly Bill 481.

In 2023, the Morgan Hill Police Department spent approximately $21,693 for controlled equipment. Some expenditures for military equipment were funded through State and/or Federal grants, reducing the impact of acquiring, utilizing, maintaining, and training with military equipment on the Department's operating budget. Although some of these expenditures were paid for with grant funding, the total expenditures represent only 0.0009% of the Police Department's operating budget.

Projected Acquisitions for 2024
Although most acquisitions can be anticipated, the unanticipated replacement of existing military equipment may be necessary due to loss or damage. Replacement of these items will be handled on a case- -
2,000,000.00
4,000,000.00
6,000,000.00
8,000,000.00
10,000,000.00
12,000,000.00
14,000,000.00
16,000,000.00
18,000,000.00
20,000,000.00
Controlled Equipment Budget Non-Employee Services Employee Services Controlled Equipment Funds

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39 Controlled Equipment Annual Report 2023
by-case basis dependent on operational need and in compliance with department policy for acquiring controlled equipment.

Consumable Controlled Equipment
Consumable military equipment acquisitions for 2024 will remain consistent with current replenishment schedules and policies. Acquisitions will only restore quantities previously approved by the governing body.

Categories of consumable military equipment include:
• Ammunition – all calibers
• Chemical Agent and Smoke Canisters
• Specialty Munitions (40mm Munitions and Less Lethal Munitions) • Diversionary Devices
Non-Consumable Controlled Equipment
Lenco G3 Bearcat

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40 Controlled Equipment Annual Report 2023
The Department is seeking to purchase a Lenco Bearcat G3. The need for a second Bearcat in South County will help Gilroy Police Department and Morgan Hill Police Department enhance their ability to provide protection and rapid response during emerging incidents. Currently, there is no dedicated bearcat vehicle in South County; however, the Gilroy Police Department has purchased a Bearcat with a delivery date later this year. When a bearcat vehicle is needed, a mutual aid request must be made, adding to the delay in response to a critical incident. As a result, any response to such an incident would be delayed, putting both communities at greater risk.

Funding for acquiring a Lenco Bearcat will be from grant funding and Department funding, as the Department is currently looking for grant funding or other funding options. The projected cost for the equipment is listed below:

Lifespan:
25 years
Fiscal Impact: The annual maintenance for a Lenco G3 Bearcat will be approximately $5,000 a year.

Training: All drivers/operators shall attend formalized instruction and be trained in vehicle operations and practical driving techniques. P.O.S.T. certified driving instructors provide training consisting of safe driving practices and proper operation of the vehicle's equipment.

NIJ Level IV Armored Caterpillar (CAT) Multi-Terrain Loader (The ROOK) The Department seeks to purchase an NIJ Level IV Armored Caterpillar (CAT) Multi-Terrain Loader (The ROOK). The ROOK will primarily be used by the Special Weapons and Tactics Team (SWAT) to safely transport personnel to and from critical incidents, extract citizens from volatile situations, high-risk rescue operations and training, provide emergency medical staff and/or Tactical Emergency Medicine (TEM) personnel a safe working environment, and for delivering equipment in high-risk environments.

The ROOK can also be used to conduct rescue missions during disasters. Additionally, the vehicle would be utilized for community engagement efforts and other applications deemed appropriate.

Funding for acquiring a ROOK will be from grant funding, as the Department is looking for grant funding or other funding options. The projected cost for the equipment is listed below:

Manufacturer Name and Model Category Quantity Cost
Lenco G3 Bearcat 2 & 3 1 $375,000
TOTAL: $375,000
Manufacturer Name and Model Category Quantity Cost
NIJ Level IV Armored Caterpillar Multi-Terrain 4 1 $400,000

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41 Controlled Equipment Annual Report 2023
Lifespan:
25 years
Fiscal Impact: The annual maintenance for a ROOK will be approximately $8,000 a year.

Colt AR-15
The Department seeks to purchase an additional five (5) Colt AR-15 rifles. The additional rifles will allow the Department to outfit all the department officers with rifles and have spares that can be used during annual maintenance.

Funding for acquiring the Colt AR-15 rifles will be from general fund funding. The project cost for the equipment is listed below:

Lifespan:
10 Years
Fiscal Impact: The annual maintenance for the rifles will be approximately $250 a year.

Training: Officers must complete a 16-hour P.O.S.T. approved training course before deploying a rifle.

Officers are required to pass a qualification course annually. P.O.S.T. certified instructors teach the course.

Remington 870 Less Lethal Shotguns
The Department seeks to purchase (15) fifteen Remington 870 Less Lethal shotguns. This purchase will replace the Department's current less lethal shotguns as they have come to the end of life.

Funding for acquiring the Remington 870 Less Lethal shotgun will be from general fund funding. The project cost for the equipment is listed below:

Loader (The ROOK)
TOTAL: $400,000
Manufacturer Name and Model Category Quantity Cost
Colt AR-15 9 5 $8,885.00
TOTAL: $8,885.00

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42 Controlled Equipment Annual Report 2023
Lifespan:
15 Years
Fiscal Impact: The annual maintenance for the less lethal shotgun will be approximately $250 a year.

Training: All officers must complete a minimum of two (2) hours of department training before deploying the less lethal shotgun. Training includes a review of the Department's Use of Force Policy, nomenclature, familiarization of the system, and a qualification course.

Department Transparency
Occasionally the application and use of controlled equipment may prompt questions or cause concern for community members.

The Morgan Hill Police Department strives to provide transparency on police activities, department policies, agency practices, and the use of controlled equipment. Remaining accountable to our community builds trust and confidence while enhancing community relationships in alignment with the Pillars of 21st Century Policing.

Controlled Equipment Coordinator Report
Although the Department remains transparent with our community, we may occasionally receive complaints about our policies, practices, and/or the use of controlled equipment. The Morgan Hill Police Department is committed to completing thorough and fair investigations of complaints. Resolving complaints fairly, impartially, and expeditiously helps maintain community trust and ensures the Morgan Hill Police Department will continue to provide superior service to our community.

The Morgan Hill Police Department has a designated Controlled Equipment Coordinator responsible for conducting military equipment inspections and audits to ensure compliance with Assembly Bill 481. The Controlled Equipment Coordinator is also the designated point of contact for receiving citizen complaints and tracking policy violations related to the use of controlled equipment.

Inventory
Manufacturer Name and Model Category Quantity Cost
Remington 870 Less Lethal Shotgun 9 & 14 15 $15,911
TOTAL: $15,911

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Morgan Hill City CouncilApril 24, 2024

Morgan Hill City Council
April 24, 2024