PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.F
SUBJECT/TITLE:
AGREEMENT WITH APPLIED TECHNOLOGY GROUP, INC. FOR THE PUBLIC
SAFETY RADIO COMMUNICATIONS PROJECT
RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to enter into an agreement with Applied Technology Group, Inc. for radio equipment and services in the amount of $696,619.93 for the Public Safety Radio Communications project; and appropriating related budget adjustments in Fiscal Year 2022.
BACKGROUND:
The City of Pismo Beach maintains a single citywide radio channel for Police Department communications. Radio communication is essential for internal department operations as well as across agencies. The Public Works Department uses a separate channel for its communications for operations, water, wastewater, and SCADA (data monitoring system). The Fire Department uses a County Cal Fire radio channel for its communications. This report addresses the City’s Police Department communications to address federal and state requirements.
Federal and State Requirement for Encrypted Communications Channel Per the California Department of Justice Information Services (CJIS) Bulletin No. 20-09- CJIS, all California law enforcement agencies are required to have a plan to comply with sections 5.10 and 5.13 of the Federal Bureau of Investigation’s CJIS Security Policy regarding the encryption of personally identifiable information. In order to meet this requirement for an encrypted communications channel, the City needs to add an encrypted radio channel for the Police Department. Currently, the City only has a single radio channel for the Police Department and needs to maintain an unencrypted radio channel for interoperability with surrounding agencies. The city’s geography requires the use of three transmitter sites to provide adequate coverage and the City’s radio channel is setup as a split channel. A split channel means that users must switch channels at the north and south ends of the city to receive the radio channel.
City’s Compliance Response
By converting the City’s existing radio channel to a simulcast channel, the City can add an additional simulcast channel to meet the needs of CJIS’s requirement for an encrypted channel without needing to apply for additional radio spectrum from the Federal Communications Commission (FCC). This will maintain an unencrypted channel for the Police Department. In addition to encryption, the other major feature of the City’s radio system that could be implemented is priority access for dispatching. Providing Police dispatch priority access requires a direct communication link between dispatch and the radio network. Priority access allows dispatch to talk over a busy channel and continue to dispatch even if an officer leaves their radio open. Direct communication links will also
9.F-1Council Agenda 3-15-2022
allow dispatch to hear the audio received by the tower instead of what is rebroadcast to the mobile units. This ensures that dispatch receives the best possible audio.
Under the existing setup, if a dispatcher needs to make an urgent transmission, they must wait for the radio channel to clear. This can result in communication delays, particularly during the City's large events (4th of July, Car Show week, etc.). At these times, the single radio channel can become saturated with communications just for the event. This makes it much more difficult for dispatchers and officers to respond to calls for service elsewhere in the city. If there are two or more major events happening in the city, it can be very confusing listening to the radio traffic and often results in time-consuming miscommunications. Without an encrypted radio channel, Pismo Beach Police are also unable to confidentially communicate with dispatch and all responding officers during an incident.
Furthermore, because the City does not have a simulcast radio channel, officers must switch radio frequencies depending on what part of the city they are in. During a chase or other fast-moving incident, this can result in the officer not receiving communications from dispatch because they were unable to change frequencies. This funding will help rectify these challenges and improve public safety communications throughout the city.
In summary, the objective of a new simulcast transmission system is to comply with the latest standards, secure transmission to other governmental agencies, enhance the ability to have first responders communicate on encrypted channels during active shooter incidents, and standardize equipment across the department.
Parking Radios
The Police Department’s Parking Division has one full-time supervisor and up to seven additional part-time employees depending on the level of staffing and the time of the year.
This translates to the need for eight handheld radios for Parking Employees to transmit to dispatch or directly to patrol during emergency situations. The Parking Division also currently has one vehicle which is equipped with a radio that is approximately 10 years old and not capable of digital transmission. An additional vehicle for parking enforcement is scheduled to arrive this year and will also need to be outfitted with a radio. Although outside of the original scope of the project, providing replacement radios to the Parking Division staff would ensure compatibility and the ability to communicate between the Parking Division and the Police Department going forward. The parking replacement radios would be supported by the Parking Enterprise Fund, which has sufficient net income (fund balance) available to support this portion of the proposed project.
Compliance with City’s Purchasing Policy & Procedures
The City’s current radio system was installed by Applied Technology Group, Inc. (Applied) in 2010. Applied provided the design of the upgrades to the City’s radio system to comply with federal and state requirements. The design upgrades the City’s current radio equipment, providing a significant cost savings compared to buying all new equipment.
The City’s current radio equipment is in good condition and is estimated to be serviceable for at least another 8 years.
9.F-2Council Agenda 3-15-2022
In addition to installing and supporting the City’s Public Safety and Public Works radio channels, Applied has supported the City’s SCADA radio system for about 20 years.
Applied is currently in the process of upgrading and providing increased security and functionality for the City’s SCADA radio system. The City has challenging geography for radio communications. Applied Technologys’ long history with the City and familiarity with its geography will help ensure the project is successful.
All of the radio equipment quoted by Applied utilizes pricing from National Association of State Procurement Officials (NASPO) cooperative purchasing contracts. These contracts have been negotiated using the purchasing power of all NASPO states combined, providing significant volume discounts compared to what the City could negotiate on its own. This complies with the City’s purchasing policy regarding the use of cooperative purchasing contracts.
Public Safety Radio Communications Project Timing
The anticipated schedule is as follows:
April 2022 – Project start
April 2022 to August 2022 – Federal Communications Commission (FCC) application approval
June 2022 – Estimated equipment delivery
June to August 2022 – Equipment installation and commissioning August 2022 – Go-live on both simulcast channels
Conclusion and Recommendation
Staff recommends that Council adopt a Resolution (Attachment 1) authorizing the City Manager to enter into an agreement (Attachment 2) with Applied Technology Group for radio equipment and services for the Public Safety Radio Communications project; and appropriating related budget adjustments in FY 2022.
FISCAL IMPACT:
The fiscal impact of approving the attached Resolution is $731,450.93, including $470,000 supported by already budgeted Federal grant funding and corresponding expenditures in the Capital Projects Fund and $261,450.93 that still requires funding. On December 7, 2021, the Council adopted Resolution No. R-2021-093 to accept the federal grant funds and appropriate the federal grant revenues and corresponding expenditures.
Staff indicated that the federal grant funded 75% of the projected costs and that staff would come back to Council to award the agreement and appropriate the remaining 25% of the project. The following table illustrates the budget, estimated project costs, and the remaining budget shortfall.
9.F-3Council Agenda 3-15-2022
Staff recommends that Council transfer $160,596.61 from the General Fund General Contingency account and $100,854.31 from the Parking Enterprise Fund to the Capital Projects Fund for the Public Safety Radio Communications project to support the remaining budget shortfall, including related transfers between funds. The General Fund General Contingency account has $692,663 available that can be used for this project and the Parking Enterprise Fund has sufficient net available income (fund balance) that can be used to support this project.
ALTERNATIVES:
1. Provide staff with alternative direction.
ATTACHMENTS:
1. Resolution
1.A Exhibit A: Scope of Service with Applied Technology Group, Inc.
2. Agreement
Prepared by: Meeting Date: March 15, 2022
Nadia Feeser, Administrative Services Director
Jason Takagi, Information Technology Manager
Chris Trimble, Police Commander
Jeff Smith, Police Chief
Submitted by:
Nadia Feeser, Administrative Services Director
City Manager Approval:
Available Buget
Federal Grant - Capital Projects Fund 470,000.00$
Funding Source
Applied
Agrement
5%
Contingency Total
Federal Grant - Capital Projects Fund 470,000.00$470,000.00$ General Fund 130,568.20 30,028.41 160,596.61
Parking Enterprise Fund 96,051.73 4,802.59 100,854.31 Total Estimated Project Cost 696,619.93$ 34,831.00$ 731,450.93$ Budget Surplus/(Shortfall)(261,450.93)$
9.F-4Council Agenda 3-15-2022
RESOLUTION NO. R-2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH APPLIED TECHNOLOGY GROUP, INC. FOR RADIO EQUIPMENT AND SERVICES IN THE AMOUNT OF $696,619.93 FOR THE PUBLIC SAFETY RADIO COMMUNICATIONS PROJECT; AND APPROPRIATING RELATED BUDGET ADJUSTMENTS IN FISCAL YEAR 2022
WHEREAS, the California Department of Justice Information Services (CJIS) Bulletin No. 20-09-CJIS states that all California law enforcement agencies are required to have a plan to comply with sections 5.10 and 5.13 of the Federal Bureau of Investigation’s CJIS Security Policy regarding the encryption of personally identifiable information; and
WHEREAS, in order to meet this requirement for an encrypted communications channel, the City needs to add an encrypted radio channel for the Police Department; By converting the City’s existing radio channel to a simulcast channel, the City can meet the needs of CJIS’s requirement for an encrypted channel and an unencrypted channel for the Police Department; and
WHEREAS, the other major feature of the City’s radio system that will be implemented is priority access for dispatching, which requires a direct communication link between dispatch and the radio network, and would ensure that dispatch receives the best possible audio; and
WHEREAS, providing replacement radios to Parking Division staff would ensure compatibility and the ability to communicate between the Parking Division and the Police Department; and
WHEREAS, the City was awarded $470,000 in a federal budget appropriation for the Pismo Beach Secure Communication and Compliance Program and the State Budget Act allocated the $470,000 as a pass-through grant to the City of Pismo Beach, administered by California’s Office of Emergency Services (Cal OES); and
WHEREAS, the City’s current radio system was installed by Applied Technology Group, Inc. in 2010, which provided the design of upgrades the City’s radio system to comply with federal and state requirements; Applied Technology installed and has supported the City’s Public Safety, Public Works, and SCADA radio systems for the past 20 years; and
WHEREAS, the City’s Purchasing Policy and Procedures allows for a sole-source procurement to award a contract without competition if there is only one source for the required equipment and services. In addition, all of the radio equipment quoted by Applied Technology utilizes pricing from National Association of State Procurement Officials cooperative purchasing contracts, which also complies with the City’s Purchasing Policy and Procedures regarding the use of cooperative purchasing contracts; As the City’s sole
9.F-5Council Agenda 3-15-2022
Attachment 1
radio vendor and utilizing cooperative purchasing agreements, staff recommends awarding the agreement to Applied Technology.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into an agreement with Applied Technology Group, Inc. in the amount of $696,619.93 (scope provided as Exhibit A) for the Public Safety Radio Communications project.
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby transfers $160,596.61 from the General Fund General Contingency account and $100,854.31 from the Parking Enterprise Fund to the Capital Projects Fund for the Public Safety Radio Communications project, including related transfers between funds in Fiscal Year 2022.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 15th day of March 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
9.F-6Council Agenda 3-15-2022
Attachment 1
4440 Easton Drive
Bakersfield, CA 93309
(661) 322-8650 Office
(661) 322-4060 FAX
[email protected]
www.atginternet.com
License: 891598
03-01-2022
Jason Takagi
Information Technology Manager
City of Pismo Beach
City of Pismo Beach
2022 Communications System Enhancement
Proposal
SYSTEM SUMMARY
The existing Pismo Beach PD (PBPD) Public Safety radio system has a few characteristics and limitations that are important to discuss first, as they are the source of many issues experienced by the department over the years. While the system has been useful and reliable as deployed, the budgetary limitations of the department have limited the features and configurations needed to allow the system to perform to its potential.
The present system is comprised of four locations, three repeater facilities named Avila, Bello, and Hillcrest, and one Dispatch office containing a three position Avtec Scout console directly connected to multiple base stations. Each repeater site contains two network-attached Tait TB9100 P25 digital repeaters. The Police department operates on a UHF frequency known as Silver, and the Public Works operates on a VHF frequency known as Public Works. The three sites are connected using two independent 4.9GHz microwave Ethernet links connecting Hillcrest to Avila and Avila to Bello. The Dispatch office contains eight base station radios and five UHF monitor radios. The Hillcrest and Bello locations have a VPN tunnel connected via Verizon Wireless hotspots located at Bello and Hillcrest to provide remote diagnostic access. Both the PD and PW are operating in analog mode, but both channels support P25 digital today. A new Kenwood NX- 5800 base station was installed last year to provide Dispatch with a P25 capable base station. This radio is presently operating in analog mode and will require a P25 license key to operate in P25 mode.
9.F-7Council Agenda 3-15-2022
Attachment 1.A
4440 Easton Drive
Bakersfield, CA 93309
(661) 322-8650 Office
(661) 322-4060 FAX
[email protected]
www.atginternet.com
License: 891598
The Tait TB9100 system is setup as a three-site distributed network with voted receivers. The system operates with one uplink frequency and two downlink frequencies. All three sites receive the same frequency, so it does not matter which channel the user selects, Silver 1 or 2. It does matter which channel is selected by the user for the best reception based on the location.
The Bello site is the main transmit site that provides 80% of the coverage. The Avila and Hillcrest sites provide the remaining 20% on the north and south ends of the coverage area. The users are to select Silver channel 1 (Bello) except when extended coverage is required. The area south of town towards Arroyo Grande and the area north of City Hall are best served by channel 2. Channel 2 shares the same output frequency at Avila and Hillcrest causing it to have self-induced mixing in the Pismo Beach central area. This has led to much confusion regarding the operation of the system and resulted in multiple service callouts. It has been desired by PBPD for years to have a system that uses only one channel for duty operations. This would eliminate confusion over what channel to use based on location and perform like a most modern wide area Public Safety radio systems.
RECOMMENDED SYSTEM ENHANCEMENT
Applied Technology Group, Inc (ATG) has provided many concepts for system improvements over the years, each with varying degrees of cost and limitation. For the basis of this proposal, we are providing a summary of cost for our most recommended solution. This solution, if approved, will provide the highest quality of service, redundancy, and capabilities for interoperability using the P25 communications standard. It involves improvements at each of the radio sites and a refresh of all subscribing portables and mobiles for the PD.
This design will allow the officers to roam the coverage area on a clear digital channel free of static and stay on the same channel regardless of location. For this deployment the PD will have two full coverage channels to use that behave identically. Additionally, this design improves the PD fleet vehicles with a dual band radio. This will allow the PD to communicate with VHF assets including local fire and public works. This can all be achieved with the same control head and both bands can be monitored simultaneously.
9.F-8Council Agenda 3-15-2022
Attachment 1.A
4440 Easton Drive
Bakersfield, CA 93309
(661) 322-8650 Office
(661) 322-4060 FAX
[email protected]
www.atginternet.com
License: 891598
PROPOSED SCOPE OF WORK
x Work directly with FCC and the Association of Public-Safety Communications Officials (APCO) to acquire additional frequencies and control points with a path to P25 digital communications. Note:
This process can take considerable time due to limited available spectrum and Commission oversight.
x Procure and install a Point-to-Point (PTP) Unlicensed 24GHz link between Pismo PD and Bello site to establish network connectivity between Avtec Dispatch and the Tait radio system and provide dispatchers with radio priority over the officers in the field. x Finalize RF equipment needs based on FCC / APCO grant. Order infrastructure for the site upgrades needed at Bello, Hillcrest, Avila. This includes new Tait TB9400 repeaters at all sites for the Gold channel, and components/licenses needed to upgrade the existing TB9100 repeaters to simulcast the Silver channel. This also includes any enclosures, antennas, coax, grounding, power needed at the three sites to bring them up to current needs.
x Upon receipt of Tait equipment, ATG will configure the Gold channel for simulcast in-house at our Bakersfield shop to ensure proper operation prior to deployment. x On-site infrastructure upgrades for installation of new hardware. Preparation of sites for additional equipment installation.
x Order and configure mobile and portable subscriber radios for staff and fleet vehicles. Order any necessary license keys and encryption modules needed for legacy radios that will be used on the new system.
x Upon receipt of subscribers, work directly with Pismo PD to develop a channel/feature plan that best suits the department including the determination of VHF frequencies desired for the dual-band mobiles.
x Program subscriber units to communicate with the existing system and deploy. This includes vehicle installations. Install encryption modules and P25 licenses in any legacy radios to be re-used.
9.F-9Council Agenda 3-15-2022
Attachment 1.A
4440 Easton Drive
Bakersfield, CA 93309
(661) 322-8650 Office
(661) 322-4060 FAX
[email protected]
www.atginternet.com
License: 891598
x Deploy new repeaters and simulcast equipment and begin testing while PD communicates on the existing system. This includes drive testing for audio quality, signal levels and mitigation of Time Delay Interference (TDI)
x Conduct a final acceptance of the Digital P25 Gold channel and once approved by the Pismo team, reprogram the subscribers to communicate on the new digital system and enable encryption. x Return to sites and reprogram original Silver channel repeaters to communicate on P25 simulcast frequencies. Conduct drive testing for audio quality, signal levels and mitigation of Time Delay Interference (TDI).
x Conduct a final acceptance of the Digital P25 Silver channel and once approved by the Pismo team, reprogram the subscribers to communicate on the new digital Silver system as a secondary simulcasted PD channel and enable encryption.
x Note: Any neighboring agencies needing subscriber programming and/or licenses/modules will be addressed at this time to ensure communications are not broken between agencies. Most nearby jurisdictions would only need license keys and encryption modules to communicate on the new system. An interoperability plan will be created for PBPD to keep communications secure and private, while allowing other agencies to communicate.
x Provide follow-up testing, troubleshooting, training, and support for a period of 1 year after system installation. All equipment warranties will be honored by each vendor provider. Annual Preventive Maintenance visits will be proposed and scheduled each subsequent calendar year after installation to ensure the system maintains consistent, reliable operation.
OPTIONAL SITE ADDITION AT CITY HALL EOC – SYSTEM SPARES
As an option, ATG will propose the installation of a full P25 Simulcasted site build at the City Hall EOC. This addition to the system can further improve radio coverage for the PD, while offering a complete suite of spare components should any of the other radio sites suffer a failure. Because the components will be active
9.F-10Council Agenda 3-15-2022
Attachment 1.A
4440 Easton Drive
Bakersfield, CA 93309
(661) 322-8650 Office
(661) 322-4060 FAX
[email protected]
www.atginternet.com
License: 891598
in the system, all Firmware, software and configurations will be up to date. This optional concept will include a complete Silver and Gold repeater site configured identically to the other sites. The pricing for this option is included below.
SUMMARY OF COST
FCC/APCO P25 Coordination and Tait TB9400 “Gold” Channel Installation $ 144,224.46 PTP Link between Bello and PBPD for Network Management and Dispatch priority $ 30,986.17 Pismo PD Radio Site Infrastructure Hardware and Installation $ 89,769.03 Tait TB9100 “Silver” Channel and Simulcast Equipment Installation $ 87,131.07 Viking VP6000 Portables / VM7000 Dual-Band Mobiles with Installation $ 344,509.20 Total System Deployment Cost including Labor and Training $ 696,619.93 Optional City Hall EOC Full Silver/Gold System Site Buildout $ 106,926.73
Thank you for choosing Applied Technology Group, Inc. as your wireless communications provider. We appreciate the opportunity to take your two-way radio system into the future of digital communications.
Sincerely,
Gene Hanson
Technical Operations Manager
Applied Technology Group, Inc.
4440 Easton Drive
Bakersfield, CA 93309
661-322-8650 Office
[email protected]
9.F-11Council Agenda 3-15-2022
Attachment 1.A
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Vendor Agreement (Rev. 2/2/2018)
CITY OF PISMO BEACH
VENDOR AGREEMENT FOR PROFESSIONAL SERVICES
This Vendor Agreement for Professional Services (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties (the “Effective Date”), by and between the City of Pismo Beach, a municipal corporation (“CITY”), and Applied Technology Group, Inc. (“VENDOR”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
RECITALS:
CITY wishes to retain the services of an experienced and qualified VENDOR to provide the following services:
Radio infrastructure, equipment, and services for the City’s Simulcast Radio System
VENDOR represents and warrants that it is qualified to perform those services.
AGREEMENT:
I. SERVICES TO BE PERFORMED BY VENDOR
VENDOR will provide the services listed in the Scope of Services attached hereto as Exhibit A.
VENDOR warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. Extra work beyond that described in the Scope of Services is not authorized without the express written approval of CITY. VENDOR shall request and receive written approval prior to performing any extra work. Any work beyond that reflected in the approved Scope of Services shall not be compensated by CITY unless prior written approval was provided under this paragraph. CITY’s City Manager may approve additional work not to exceed thirty thousand dollars ($30,000.00). Any additional work in excess of this amount shall be approved by the City Council. To the extent that Exhibit A is a proposal from VENDOR, such proposal is incorporated only for the description of the Scope of Services and no other terms and conditions from any such proposal shall apply to this AGREEMENT unless specifically agreed to by CITY in writing.
II. TERM
Unless earlier terminated in accordance with Section IV below, or unless the Scope of Services are substantially completed, the AGREEMENT will continue in full force and effect from the Effective Date through June 30, 2022. Upon mutual written agreement, the term of this AGREEMENT can be extended annually under the same terms for an additional one (1) year period, or longer as the parties agree in writing.
III. COMPENSATION
A. VENDOR’s Fee
For services rendered pursuant to this AGREEMENT, VENDOR will be paid in accordance with the Compensation Schedule attached hereto as Exhibit A. However, in no event will the total amount of money paid VENDOR, for services initially contemplated by this AGREEMENT and associated expenses, exceed the sum of six hundred ninety-six thousand six hundred nineteen dollars and ninety-three cents ($696,619.93), unless otherwise first approved in writing by CITY. Should this AGREEMENT be extended pursuant to Section II, VENDOR’s fee
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Vendor Agreement (Rev. 2/2/2018)
may be adjusted upon the written agreement of the parties, in the form of an amendment to this AGREEMENT.
B. Schedule of Payment
VENDOR will submit invoices monthly for actual services performed and associated expenses.
Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If CITY disputes any of VENDOR’s fees it shall give written notice to VENDOR within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice therefor.
IV. TERMINATION OF AGREEMENT
A. CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon VENDOR at least ten (10) days' prior written notice. Upon receipt of said notice, VENDOR shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this AGREEMENT, such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.
B. In the event this AGREEMENT is terminated pursuant to this Section, CITY shall pay to VENDOR the actual value of the work performed up to the time of termination, provided that the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this Section, VENDOR will submit an invoice to CITY pursuant to Section III.
V. FORCE MAJEURE
If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, "acts of God," inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party’s performance shall be excused for a period equal to the period of such cause for failure to perform.
VI. RETENTION OF FUNDS
VENDOR authorizes CITY to deduct from any amount payable to VENDOR (whether or not arising out of this AGREEMENT) any amounts the payment of which may be in dispute or that are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY, and all amounts for which CITY may be liable to third parties, by reason of VENDOR’s acts or omissions in performing or failing to perform VENDOR’s obligations under this AGREEMENT. In the event that any claim is made by a third party, the amount or validity of which is disputed by VENDOR, or any indebtedness exists that appears to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of CITY to exercise the right to deduct or to withhold will not, however, affect the obligations of VENDOR to insure, indemnify, and protect CITY as elsewhere provided in this AGREEMENT.
9.F-12Council Agenda 3-15-2022
Attachment 2
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Vendor Agreement (Rev. 2/2/2018)
VII. CITY REPRESENTATIVE
The Administrative Services Director is designated as the “City Representative,” authorized to act in its behalf with respect to the work and services specified in this AGREEMENT and to make all decisions in connection with this AGREEMENT. Whenever approval, directions, or other actions are required by CITY under this AGREEMENT, those actions will be taken by CITY Representative, unless otherwise stated. CITY’s City Manager has the right to designate another CITY Representative at any time, by providing notice to VENDOR.
VIII. VENDOR REPRESENTATIVE(S)
The person(s) employed by VENDOR whose name(s) are set forth immediately following the signatures of the parties executing this AGREEMENT are designated as being the representative(s) of VENDOR authorized to act on its behalf with respect to the work specified in this AGREEMENT and make all decisions in connection with this AGREEMENT.
IX. INDEPENDENT CONTRACTOR
VENDOR is, and at all times will remain as to CITY, a wholly independent contractor. Neither CITY nor any of its elected officials, officers, employees or agents will have control over the conduct of VENDOR or any of VENDOR’s employees, except as otherwise set forth in this AGREEMENT and then only as to the results to be accomplished and not the method by which VENDOR provides the Scope of Services. VENDOR may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.
X. BUSINESS LICENSE
VENDOR must obtain a CITY business license prior to the start of work under this AGREEMENT, unless VENDOR is qualified for an exemption.
XI. OTHER LICENSES AND PERMITS
VENDOR warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this AGREEMENT.
XII. VENDOR’S ACCOUNTING RECORDS; OTHER PROJECT RECORDS
A. VENDOR shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by CITY that relate to the performance of services under this AGREEMENT. VENDOR shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services.
B. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. VENDOR shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension of this AGREEMENT, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the
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Vendor Agreement (Rev. 2/2/2018)
services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of VENDOR. With respect to computer files, VENDOR shall make available to CITY, at VENDOR's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. VENDOR hereby grants to CITY all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by VENDOR in the course of providing the services under this AGREEMENT.
C. All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of CITY, whether the work for which they are made be executed or not. In the event this AGREEMENT is terminated, and at the end of the term of this AGREEMENT, all such plans, studies, sketches, drawings, electronic documentation, reports, and specifications shall be delivered immediately to CITY. VENDOR may retain one copy of each document for VENDOR’S records, but shall have no proprietary rights to them. CITY agrees to indemnify VENDOR against any damages caused by the unauthorized re-use of said documents.
XIII. INDEMNIFICATION
A. Non-design, non-construction Professional Services:
To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, including CITY’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
B. Non-design, construction Professional Services:
To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless the CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
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C. Design Professional Services:
In the event VENDOR is a "design professional," and the Scope of Services require VENDOR to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) VENDOR shall indemnify, defend and hold harmless CITY and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of VENDOR, except to the extent caused by the sole negligence, active negligence or willful misconduct of CITY. Negligence, recklessness or willful misconduct of any subcontractor employed by VENDOR shall be conclusively deemed to be the negligence, recklessness or willful misconduct of VENDOR unless adequately corrected by VENDOR. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to VENDOR under this paragraph exceed VENDOR’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, VENDOR shall meet and confer with other parties regarding unpaid defense costs.
D. Payment by CITY is not a condition precedent to enforcement of the indemnities in paragraph A, B, or C. In the event of any dispute between VENDOR and CITY, as to whether liability arises from the active negligence, sole negligence or willful misconduct of CITY or its officers, employees, or agents, VENDOR will be obligated to pay for CITY’s defense until such time as a final judgment has been entered adjudicating CITY as having been actively negligent, solely negligent or as having engaged in willful misconduct. Except as otherwise required by Civil Code Section 2782.8, VENDOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. The provisions of this Section 13 shall survive completion of VENDOR’s services or the termination of this AGREEMENT.
XIV. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No elected official, officer, employee, or agent of CITY will be personally liable to VENDOR, in the event of any default or breach by CITY or for any amount that may become due to VENDOR.
XV. INSURANCE
A. Without limiting VENDOR’s indemnification of CITY, and prior to commencement of the Scope of Services, VENDOR shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form that is satisfactory to CITY.
1. General liability insurance. VENDOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
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2. Automobile liability insurance. If VENDOR owns vehicles used in performing the Scope of Services in any manner, VENDOR shall maintain automobile insurance at least as broad as Insurance Services Office (ISO) form CA 00 01 covering bodily injury and property damage for all activities of VENDOR arising out of or in connection with any work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
3. Workers’ compensation insurance. VENDOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000), as required by law.
4. VENDOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.
5. Errors and Omissions/Professional Liability. VENDOR shall maintain a policy of professional liability insurance written on a claims-made basis in an amount not less than $1,000,000. VENDOR shall also procure and pay for appropriate tail coverage for a minimum of three years following completion of the Scope of Services to cover any errors or omissions occurring during the Term. In the alternative, VENDOR may elect to obtain equivalent coverage on an occurrence basis. CITY’s Risk Manager or City Attorney may waive the requirement of professional liability insurance if he/she determines that such a policy is not commercially available to VENDOR. If such a policy is commercially available, additional cost to VENDOR in obtaining such a policy shall not be a basis upon which the insurance requirement will be waived.
B. Other provisions or requirements:
1. Proof of insurance. VENDOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior to commencement of performance.
Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements to such policies, at any time.
2. Duration of coverage. VENDOR shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by VENDOR, its agents, representatives, employees, or subconsultants.
3. Primary/noncontributing. Coverage provided by VENDOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.
4. CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by VENDOR or
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CITY will withhold amounts sufficient to pay premium from VENDOR payments. In the alternative, CITY may terminate this AGREEMENT as provided in paragraph IV.
5. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by CITY’s Risk Manager.
6. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officials, agents, officers, employees, and volunteers or shall specifically allow VENDOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. VENDOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
7. Enforcement of contract provisions (non-estoppel). VENDOR acknowledges and agrees that any actual or alleged failure on the part of CITY to inform VENDOR of non- compliance with any requirement imposes no additional obligations on CITY nor does it waive any rights hereunder.
8. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If VENDOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by VENDOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.
9. Notice of cancellation. VENDOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. In the event VENDOR’s policy of insurance cannot be endorsed to provide this notice of cancellation, VENDOR shall provide CITY notice of such cancellation, in writing, not later than 24 hours following the effective time of such cancellation.
10. Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Each such insurance policy shall contain language substantially similar to the following clause:
"The City of Pismo Beach, its elected and appointed officials, officers, employees, and agents are named as additional insureds as respects operations of the named insured performed under contract with the City of Pismo Beach." CITY need not be named as an additional insured on professional liability insurance policies.
11. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement
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of any kind that has not been first submitted to CITY and approved of in writing by CITY’s Risk Manager or City Attorney.
12. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that VENDOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
13. Pass-through clause. VENDOR agrees to ensure that its sub-consultants, sub- contractors, and any other party providing any work under the Scope of Services under the direction of VENDOR, provide the same minimum insurance coverage and endorsements required of VENDOR. VENDOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. VENDOR agrees that upon request, all AGREEMENTS with consultants, subcontractors, and others engaged in performing work under the Scope of Services will be submitted to CITY for review.
14. CITY’s right to revise specifications. CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving VENDOR ninety (90) days' advance written notice of such change. If such change results in substantial additional cost to VENDOR, CITY and VENDOR may renegotiate VENDOR’s compensation.
15. Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.
16. Timely notice of claims. VENDOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from VENDOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.
17. Additional insurance. VENDOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Scope of Services.
XVI. SUBCONTRACTORS
Before VENDOR retains or hires a subcontractor to provide any work, labor, or services relative to this AGREEMENT, VENDOR must:
A. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to CITY;
B. Present to CITY the form of subcontract that will be used with the subcontractor for CITY’s approval, which approval will not be unreasonably withheld. Such subcontract agreement must include an indemnity agreement that is generally in accord with the indemnity obligations contained in paragraph XII of this AGREEMENT and must specifically name CITY as an indemnified party; and
C. Secure from the subcontractor evidence of insurance coverage that meets with this AGREEMENT including naming CITY as an additional insured as required by this AGREEMENT, unless such requirement is waived in writing by CITY's Risk Manager as provided in paragraph XXV below.
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XVII. CONFLICT OF INTEREST
No officer or employee of CITY may have any financial interest, direct or indirect, in this AGREEMENT, nor may any officer or employee participate in any decision relating to the AGREEMENT that affects the officer or employee’s financial interest or the financial interest of any corporation, partnership, or association in which the officer or employee is directly or indirectly interested, in violation of any law, rule or regulation.
No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.
XVIII. NOTICE
All notices, requests, demands, or other communications under this AGREEMENT will be in writing.
Notice will be sufficiently given for all purposes as follows:
A. Personal delivery. When personally delivered to the recipient; notice is effective on delivery.
B. First Class mail. When mailed first class to the last address of the recipient known to the party giving notice; notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.
C. Certified mail. When mailed certified mail, return receipt requested; notice is effective on receipt, if delivery is confirmed by a return receipt.
D. Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account; notice is effective on delivery, if delivery is confirmed by the delivery service.
E. Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice; notice is effective on receipt. Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non- business day.
Addresses for purpose of giving notice are as set forth immediately following the signatures of the parties executing this AGREEMENT.
F. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messenger or overnight delivery service.
G. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this AGREEMENT. Any change in address or fax number that is not provided to the other party will not void delivery of any notice under this AGREEMENT, and delivery to the last known address or fax number shall be deemed sufficient for notice under this AGREEMENT.
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XIX. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING
This AGREEMENT and all exhibits are binding on the heirs, successors, and assigns of the parties.
The AGREEMENT may not be assigned or subcontracted by either CITY or VENDOR without the prior written consent of the other.
XX. INTERPRETATION
The terms of this AGREEMENT shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this AGREEMENT or any other rule of construction that might otherwise apply.
XXI. SEVERABILITY
If any part of this AGREEMENT is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the AGREEMENT will remain in full force and effect.
XXII. TIME OF ESSENCE
Time is of the essence in the performance of this AGREEMENT.
XXIII. GOVERNING LAW; JURISDICTION
This AGREEMENT will be administered and interpreted under the laws of the State of California.
Jurisdiction of and venue for any litigation arising from the AGREEMENT will be in the Superior Court of the San Luis Obispo County, or in the United States District Court for the Central District of California.
XXIV. COMPLIANCE WITH STATUTES AND REGULATIONS
VENDOR will be knowledgeable of and will comply with all applicable federal, state, county and city statutes, rules, regulations, ordinances and orders. VENDOR and its subcontractor(s) shall not discriminate against any person in the performance of this AGREEMENT on the basis of race, religion, national origin, color, age, sex, sexual orientation, AIDS, HIV status, disability, or any other basis protected by state or federal law, and shall comply with applicable federal and state equal employment opportunity laws, ordinances, rules and regulations.
XXV. WAIVER OF BREACH
No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default will impair the right or remedy or be construed as a waiver. A party’s consent or approval of any act by the other party requiring the party’s consent or approval will not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this AGREEMENT.
XXVI. ATTORNEY’S FEES
Except as provided for in paragraph XV, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this AGREEMENT (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this AGREEMENT, the prevailing party
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will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment, including post judgment attorney’s fees costs and expenses and any attorneys’ fees or costs incurred on appeal of any judgment.
XXVII. EXHIBITS
All exhibits identified in this AGREEMENT are incorporated into the AGREEMENT by this reference.
In the event of any conflict between the terms of this AGREEMENT and the terms of an exhibit, the terms of this AGREEMENT shall control. Notwithstanding the foregoing sentence, the provisions of Section XIII of this AGREEMENT shall not be altered, amended, limited or otherwise affected in any manner by any language included in an exhibit to this AGREEMENT, even if such exhibit purports to affect the provisions of Section XIII.
XXVIII. VENDOR’S AUTHORITY TO EXECUTE
The persons executing this AGREEMENT on behalf of the VENDOR warrant that:
A. the VENDOR is duly organized and existing under the appropriate State laws; B. they are duly authorized to execute this AGREEMENT on behalf of the VENDOR; C. by so executing this AGREEMENT, the VENDOR is formally bound to the provisions of this AGREEMENT; and
D. entering into this AGREEMENT does not violate any provision of any other AGREEMENT to which the VENDOR is bound.
XXIX. INTEGRATION; AMENDMENT
This AGREEMENT represents the entire understanding of CITY and VENDOR as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this AGREEMENT. The AGREEMENT may not be modified or altered except in writing signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year last written below.
Signatures begin on next page.
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CITY:
City of Pismo Beach, a Municipal Corporation
Signed:
Name: Nadia Feeser
Title: Administrative Services Director
Dated: ________________________________
Signed:
Name: James R. Lewis
Title: City Manager
Dated: ________________________________
Address for giving notice (See Section XVIII):
760 Mattie Road, Pismo Beach, CA 93449
ATTEST:
Signed:
Name: Erica Inderlied
Title: City Clerk
APPROVED AS TO FORM:
Signed:
Name: David M. Fleishman
Title: City Attorney
VENDOR:
Applied Technology Group, Inc.
Signed:
Name: Gene Hanson
Title: Technical Operations Manager
Dated: ________________________________
Address for giving notice (See Section XVIII):
4440 Easton Drive
Bakersfield, CA 93309
Email address for official communications:
[email protected]
Vendor Representative (See Section VIII):
Name/Title: Gene Hanson,
Technical Operations Manager
Attachments:
Exhibit A: Scope of Service and Compensation Schedule
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