Agenda — Pittsburg City Council, September 19, 2022 (part 3 of 3)

August 19, 2022

CITY OF PITTSBURG

FINANCE DEPT - AP
65 CIVIC AVENUE

PITTSBURG
California
94565-3814

Sourcewell Contract# 032119

Attention: GREG JUSTICE

RE: Quote 206966-01

Dear Sir,

We would like to thank you for your interest in our company and our products, and are pleased to quote the following for your consideration.

One (1) New Caterpillar Model: 930M Wheel Loaders

MACHINE SPECIFICATIONS
930M WHEEL LOADER 541-2671
LANE 2 - AVAILABLE FROM CLAYTON FACTORY.

LANE 3 - AVAILABLE FROM CLAYTON FACTORY.

Serial Number Prefix F5K.

ENGINE 527-0422
PRODUCT LINK, CELLULAR PL641 565-0908
TIRES,20.5R25 MX XHA2 * L3 366-6880
SERIALIZED TECHNICAL MEDIA KIT 421-8926
INSTRUCTIONS, ANSI, US 430-2963
PACK, DOMESTIC TRUCK 0P-0210
KIT, JUMPER LINES,3RD FUNCTION 576-9758
CARRIAGE, FUS, FORK 60'', PALLET 572-5671
LANE 3 ORDER 0P-9003
STEERING, STANDARD 333-6850
DIFFERENTIAL, OPEN REAR 333-6529
ENVIRONMENT, STANDARD 536-5320
WEATHER, STANDARD 454-0609
HYDRAULICS, 3V, CPLR READY, SL 565-0933
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HYDRAULICS, STANDARD 536-5283
LINES, AUX 3RD, STD LIFT 530-1623
JUMPER LINES, AUX 3RD, FUSION 445-4725
LIGHTS, STD, LED 559-0843
LIGHTS, ROADING, LED, RH 541-3067
CAB, DELUXE 549-0451
STANDARD RADIO (12V) 372-1868
FENDERS, STANDARD 366-8148
CTWT, STANDARD, 1980LBS, 3PCS 552-4464
TOOLBOX AUX 491-7922
HYDRAULIC OIL, STANDARD 619-8443
RIDE CONTROL 430-2860
LIGHTS,WARNING,REVERSE STROBE 616-0040
SIDE MIRROR, RH 482-5167
AUTOLUBE 536-5349
QUICK COUPLER, FUSION 536-5313
PACKING, PHYTO-SANITARY WOOD 0G-8010
SHIPPING/STORAGE PROTECTION 0P-2266
CERTIFICATE OF ORIGIN, ENGLISH 0G-6022
CAMERA, REAR VIEW 377-5635
BUCKET-MP, 2.7 YD3, FUS 362-0902
SEAT, DELUXE 563-5967

SELL PRICE $263,052.26
EXT WARRANTY Included
NET BALANCE DUE $263,052.26
SALES TAX (9.25%) $24,332.33
AFTER TAX BALANCE $287,384.59

WARRANTY
Standard Warranty: 12 Month, Unlimited Hours Standard Warranty Extended Warranty: 930-60 MO/1500 HR POWERTRAIN + HYDRAULICS + TECH (Tier 4)

F.O.B/TERMS: Pittsburg

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Accepted by___________________________________ on ____________________

______________________________
Signature

This Quote is valid for 30 days, after which time we reserve the right to re-quote. If there are any questions, please do not hesitate to contact me.

Sincerely,

Jon Hamilton
Governmental Sales Representative
Peterson CAT
(925) 580-2439
[email protected]

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Sourcewell Contract #032119-CAT | Amendment #1

Page 1 of 1 ends

AMENDMENT #1
TO
CONTRACT #032119-CAT

THIS AMENDMENT is by and between Sourcewell and Caterpillar Inc. (Vendor).

Sourcewell awarded a contract to Vendor for Heavy Construction Equipment with Related Accessories, Attachments, and Supplies effective May 13, 2019, through May 13, 2023 (Contract). Vendor implemented changes to its dealer reporting system and now wishes to modify the Contract to accurately report Administrative Fee payment calculations.

The parties wish to amend the following terms within the Contract:

1. This Amendment is effective upon the date of the last signature below.

2. Any Contract term related to calculation of Administrative Fee that is paid to Sourcewell is deleted and replaced with the following:

“Vendor will pay to Sourcewell an Administration Fee calculated at 0.33% of Caterpillar’s MSRP for each piece of equipment purchased by Sourcewell’s Participating Entities.

Caterpillar will pay the Administration Fee to Sourcewell on a quarterly basis.”

Except as amended above, the Contract remains in full force and effect.

Sourcewell Caterpillar Inc.

B y : B y :

Jeremy Schwartz, Chief Procurement Officer Dawn Zink

D a t e : T i t l e :

Approved: Date:

B y :

Chad Coauette, Executive Director/CEO

D a t e :

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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution to Authorize Execution of a First Amendment to Consulting Services Agreement with Sloan Sakai Yeung & Wong, LLP
MEETING DATE: September 19, 2022

EXECUTIVE SUMMARY
Staff proposes a first amendment to a Consulting Services Agreement with the Sloan Sakai Yeung & Wong, LLP, to increase the compensation and extend the duration, for services in connection with labor negotiations.

FISCAL IMPACT
The amendment would add $375,000 to the contract, which would be funded by the Human Resources Department over the next four years.

RECOMMENDATION
City Council adopt the attached Resolution authorizing the City Manager to execute a first amendment to the Consulting Services Agreement with Sloan Sakai Yeung & Wong, LLP.

BACKGROUND
In March 2021, the City retained Sloan Sakai Yeung & Wong, LLP, for purposes of providing specialized services regarding employment and labor relations matter, including labor negotiations. The contract provided for a maximum of $75,000 in compensation. Staff seeks to extend the term of the contract to a total of five years and increase compensation to continue providing labor negotiations services from Sloan Sakai Yeung & Wong, LLP.

SUBCOMMITTEE FINDINGS
This item was not submitted to a subcommittee.
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STAFF ANALYSIS
The City along with Sloan Sakai Yeung and Wong, LLP on the negotiation team, recently negotiated five successor Memorandum of Understanding (MOU) on terms and conditions of employment that provided for a three-year contract term and amendments to the contract terms. Staff wishes to continue with contract reopener sessions with the unions and bargaining groups and extend the contract with Sloan Sakai Yeung & Wong, LLP for labor negotiations services.

The City’s Purchasing Policy provides the City Manager with authority to enter into contracts for professional services in the amount of $75,000 or less. City Council authorization is required to amend the contract to increase the maximum compensation above $75,000.

The City Manager recommends increasing the maximum to $375,000 and extending the duration through calendar year 2026. The proposed amendment will cover the ongoing services for employment and labor relations matters, including negotiations. The extension of the contract term for another five years, and the increase in compensation, will allow City staff to obtain services regarding employment and labor relations matters as the need arises through 2026. The dollar maximum in the amendment is not a guarantee of work for the law firm and will not necessarily be expended by the City. The law firm charges hourly rates up to $450 depending on the expertise of the individual employed by the firm. The contract may be terminated at any time on short notice.

ATTACHMENTS:

Contract Amendment
Resolution
Report Prepared By:

Jennifer Brizel, Director of Human Resources
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FIRST AMENDMENT TO

CONSULTING SERVICES AGREEMENT BETWEEN

CITY OF PITTSBURG

AND SLOAN SAKAI YEUNG & WONG, LLP
This First Amendment to the Principal Agreement made and entered into on March 21, 2021, hereafter referred to as Agreement, between SLOAN SAKAI YEUNG & WONG, LLP, a California limited liability company, therein referred to as Consultant, and the City of Pittsburg, a municipal corporation, therein referred to as City, is made and entered into on this 19th day of September, 2022.

WHEREAS, the parties entered into an Agreement for labor negotiations services; and WHEREAS, the parties desire to extend the duration of the contract and increase the compensation amount accordingly.

Consultant and City do mutually agree as follows:

1. Term. Section 1.1 of the Agreement is hereby amended to read as follows:

The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2026 or the date the Consultant completes the services specified in Exhibit A, whichever occurs first, unless the term of the Agreement is otherwise terminated or extended, as referenced herein.

2. Compensation. The first paragraph of Section 2 is hereby amended to read as follows:

City hereby agrees to pay Consultant a sum not to exceed Three Hundred Seventy-Five Thousand Dollars and zero cents ($375,000), as set forth in Exhibit B, attached hereto and incorporated herein for services to be performed and reimbursable expenses incurred under this Agreement. This dollar amount is not a guarantee that the City will pay that full amount to the Consultant but is merely a limit of potential City expenditures under this Agreement.

3. Exhibit B Compensation Schedule. Exhibit B is hereby replaced with Attachment 1 of this First Amendment.

4. Integration. This First Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. This First Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Consultant shall perform all duties, obligations and conditions required under the Agreement.

5. Inconsistencies. In the event of any conflict or inconsistency between the 420
provisions of this First Amendment and the Agreement, the provisions of this First Amendment shall control in all respects.

6. Ambiguities. The parties have each carefully reviewed this First Amendment and have agreed to each term of this First Amendment. No ambiguity shall be presumed to be construed against either party.

7. Counterparts. This First Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.

8. Authority. The person signing this First Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Consultant.

IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first hereinabove appearing.
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SLOAN SAKAI YEUNG & WONG, LLP

By:

Charles Sakai, Partner
CITY:

CITY OF PITTSBURG, a municipal
corporation of the State of California
By:

Garrett Evans, City Manager
ATTEST:

By:

Alice Evenson, City Clerk
APPROVED AS TO FORM:

By:

Donna Mooney, City Attorney
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Attachment 1

EXHIBIT B

COMPENSATION SCHEDULE
Partners: $300 - $450
Of Counsel: $275 - $385
Senior Counsel: $275 - $385
Associates: $245 - $295
Law Clerks: $185
Paralegals: $105 - $175
Analysts: $75 - $170
Consultants: $175 - $295
Expense Reimbursements:

Consultant may charge separately for certain costs in the representation, as well as for any disbursements to third parties made on a client’s behalf. Such costs and disbursements include, for example, the following: travel (at the IRS rate in effect at the time the travel occurs), computer-assisted research, transcription, overnight delivery and messenger services. For major disbursements to third parties, invoice, may be sent directly to the client for payment.

Consultant may bill for time spent traveling to perform City work at rates set forth above. 423
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BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Authorizing Execution of First Amendment )
to Consulting Services Agreement ) RESOLUTION NO. 22
with Sloan Sakai Yeung and Wong )
WHEREAS, Sloan Sakai Yeung and Wong, LLP, specializes in services regarding employment and labor relations matters, including labor negotiations, and consultation on issues relating to bargaining, and;
WHEREAS, the parties entered into an Agreement on March 16, 2021, with a maximum compensation of $75,000; and
WHEREAS, the parties desire to extend the duration by four years through June 30, 2026, and increase the compensation accordingly; and
WHEREAS, the City expects the need labor negotiations services through June 30, 2026.

NOW, THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the City Manager to execute the First Amendment to the Consulting Services Agreement.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 19th day of September 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Holland Barrett White, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
441

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: A Resolution Approving a Consultant Agreement for Design of Project 5067 Water Treatment Plant Filter Replacement
MEETING DATE: September 19, 2022

EXECUTIVE SUMMARY
Project 5067 Water Treatment Plant Filter Replacement (the “Project”) is paramount to the City’s ability to continue providing high-quality drinking water to residents well into the future.

Therefore, the design will also include upgrade of the piping system as needed to accommodate the new filter installations.

FISCAL IMPACT
Pittsburg recently sold municipal bonds to fund Project 5067 Water Treatment Plant Filter Replacement. The proposed design services and bidding assistance fee for the Project is $2,840,437, with a 15% contingency of $426,065 for a total design services fee of $3,266,502. This fee would encumber funds from water bond proceeds.

RECOMMENDATION
City Council approve the project design and bidding assistance budget, allocate funds from water bond proceeds, and authorize the City Manager to execute a Consultant Services Agreement with West Yost and Associates, Inc. for Project 5067 Water Treatment Plant Filter Replacement in an amount not to exceed $2,840,437. In addition, the contingency budget amount of $426,065 will be authorized by the Public Works Director to address additional services that may become necessary.

BACKGROUND
In May of 2022, Pittsburg sold municipal bonds to fund the Filter Replacement Project at the Pittsburg Water Treatment Plant. The Project is the top priority for Pittsburg’s Water Treatment Plant and is essential to continuing to provide Pittsburg residents with safe and high-quality drinking water and reliable fire flow pressures. 442
Under CEQA Guidelines, this is considered a Class 2 project, which consists of replacement or reconstruction of existing facilities, and therefore is exempt from any additional requirements.

A project of this magnitude and complexity requires a project design team with the skill and experience to accomplish the City’s goals and complete the Project on schedule and within budget.

On July 12, 2022, the Request for Proposal (RFP) was sent to qualified professional consulting firms.

On August 12, 2022, proposals were received from four (4) consultant teams and were all evaluated by staff. West Yost and Associates, Inc. was ranked as the most qualified based on the proposal submitted.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
Prior to the release of the RFP, staff conducted outreach to several qualified design consultants. They provided the opportunity for informational meetings and site visits at the Water Treatment Plant, which were well received. Upon completing this outreach and prequalification phase, the RFP was sent to six (6) design firms that showed interest and were deemed capable of providing design for the Project. The RFP was also shared with the design marketing outreach firm of Integrated Marketing Systems for further distribution within the design services community. In addition, the RFP was posted on the City’s website for interested vendors to review.

On August 12, 2022, four (4) consultant teams submitted proposals. A five (5) member Consultant Selection Committee reviewed each proposal, evaluated strengths and weaknesses, and independently assigned a weighted score. West Yost and Associates, Inc. was ranked as the most qualified based on the proposal submitted.

West Yost and Associates, Inc. was selected for the design of the Project based on their experience with the design of other water treatment facilities, their staff expertise, and previous history of providing high-quality design services to public entities.

ATTACHMENTS: Resolution
Consultant Service Agreement
Project Budget Summary
Report Prepared By: Bruce Zaeni, Senior Civil Engineer
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Exhibit A - Project Budget Summary
Project 5067 Water Treatment Plant Filter Replacement
Project Funding:

Water Revenue Bonds $45,800,000
Funding Total $45,800,000
Project Expenditures:

Design:
(Code 2122) $2,840,437
Design Contingency (15%) $426,066
Project Management $662,000
Subtotal $3,928,503
Construction
(Code 2281) Construction $41,871,497
Estimated Total Expenditures $45,800,000
Design Consultant
488
Resolution No. 22- Page 1 of 2 September 19, 2022

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Authorizing Execution of a Consultant )
Agreement for Design of Project 5067 ) RESOLUTION NO. 22 Water Treatment Plant Filter )
Replacement )
WHEREAS, in May 2022, Pittsburg sold municipal bonds to fund the 45.8-million- dollar Project 5067 Water Treatment Plant Filter Replacement (the “Project”); and WHEREAS, the Project is for the design and construction of new dual media filters and the rehabilitation of existing ones; and
WHEREAS, the Project will additionally replace segments of existing piping that have deteriorated and install new yard piping to serve the new facilities; and WHEREAS, staff estimates the total cost for design services and assistance with permitting, bid support, and a 15% design contingency to be $3,266,502; and WHEREAS, staff requests that funds from the municipal bond sale be used to fund the cost of design and bidding; and
WHEREAS, West Yost and Associates, Inc. was selected for the Project with a total bid price of $2,840,437 based on their experience with the designs of other water treatment facilities, their staff expertise, and their previous history of providing high-quality design services to public entities.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes the City Manager to execute an agreement with West Yost and Associates, Inc. for design of Project 5067, Water Treatment Plant Filter Replacement in an amount not to exceed $2,840,437.

BE IT FURTHER RESOLVED that a 15% contingency budget of $426,065 is authorized to fund unforeseen additional design services for the project, and the City Manager is authorized to amend the agreement accordingly.. 489
Resolution No. 22- Page 2 of 2 September 19, 2022 PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 19th the day of September 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Holland Barrett White, Mayor
ATTEST:
____________________________
Alice E. Evenson, City Clerk
490

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing the City Manager to Negotiate and Execute a Consultant Agreement for Design Services for the Reviving the Heart of Pittsburg Pride Project
MEETING DATE: September 19, 2022

EXECUTIVE SUMMARY
Reviving the Heart of Pittsburg Pride Project is a project that aims to beautify the Railroad Avenue corridor from Civic Avenue to 10th street through landscaping, art installation, park development and more, collectively known as the “Project”.

FISCAL IMPACT
The proposed design services fee for the Project is $486,563. Funding for the proposed design will come from Clean California Local grant as shown in the Budget Summary attached as Exhibit “A” to this staff report.

RECOMMENDATION
City Council adopt a Resolution to negotiate and execute a Consultant Agreement for $486,563 for the Design Services for the Reviving the Heart of Pittsburg Pride Project.

BACKGROUND
In 2009, the City of Pittsburg completed the Railroad Avenue Specific Plan outlining various community resource improvements including improving street rights-of-way, activating public spaces, reclaiming auto-oriented public realm for pedestrians and creating an expanded network of parks, entry plazas and pedestrian friendly spaces.

Building on the specific plan goals, the proposed Project is planned to beautify the landscape with improvements that will bring color and guidance to Pittsburg Old Town. It will:
• Install art at the medians on Railroad Avenue that will guide individuals into the downtown area.
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• Create a new park with a mini amphitheater on Railroad Avenue and 17th Street that will add much needed green space.
• Add a Gateway Monument sculpture, spelling 'Pittsburg' in large block letters that demonstrate the pride of many generations of Pittsburg residents. • Add a welcoming gateway on 10th Street to let visitors and residents know they have reached the downtown.

Staff sought, received, and accepted the Caltrans Clean California Local Grant on June 6, 2022 by City Council Resolution 22-14105. In addition, the Pittsburg Power Company (PPC) allocated the matching funds on June 6, 2022 by PPC Resolution 22-433.

SUBCOMMITTEE FINDINGS
The funding for the required grant match was discussed in the PPC Subcommittee on May 24, 2022.

STAFF ANALYSIS
Request for Proposals/Request for Qualification (RFP/RFQ) were sent out to fifteen design firms and the information was also shared with the design marketing outreach firm of IMS for further distribution within the design community. The RFP/RFQ was also posted to the City’s website for all interested vendors to review.

On July 20, 2022, proposals were received from four consultants. Staff’s Consultant Selection Committee members reviewed each proposal and conducted interviews of all four.

Gates + Associates was ranked as the most qualified after interviews based on firm’s project approach, proposed schedule, propose budget, and firm’s experience with public works projects among others.

Gates + Associates was selected for design of the Project based on their experience with design of other gateways signage and beautification and park projects, staff expertise, and previous history of providing high quality design services to the City as well as other public entities. Gates + Associates’ previous work includes the Cities of Oakley’s main street improvements and gateway, Pismo Beach’s entry signage, and Angels Camp’s wayfinding plan.

ATTACHMENTS: Resolution
Exhibit A- Budget Summary
Report Prepared By: Zuna Barker Portillo, Registered Environmental Health Specialist 492
Railroad Ave Beautification Project
Budget Summary
Project Funding
Clean California Local Grant
Pittsburg Power Company Match
Project NO. 3019 Funding Total
Project Expenditures:

Design:
(Code 2122)
Design Consultant Services
Subtotal
Miscellaneous:
(Code 1399)
Advertising
Subtotal
Construction: Est. Construction Contract
(Code 2281) Contingency (~10%)
Subtotal
Wages/Benefits Staff Time for Design Management
(Code 1101) Staff Time for Construction Management
Subtotal
Admin Overhead Staff Time for Design Management
(Code 2372) Staff Time for Construction Management
Subtotal
Estimated Expenditures Total
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$2,891,962
$413,137
$3,305,099
$486,563.00
$486,563.00
$1,010
$1,010
$2,234,796
$223,480
$2,458,276
$89,813
$89,813
$179,625
$89,813
$89,813
$179,625
$3,305,099
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Resolution No. 22- Page 1 of 2 September 19, 2022

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Authorizing the City Manager to Negotiate )
And Execute a Consultant Agreement for ) RESOLUTION NO.

Design Services for the Reviving the Heart)
Pittsburg Pride Project )
WHEREAS, building on the 2009 Railroad Avenue Specific Plan, the Reviving the Heart of Pittsburg Pride is a project that aims to beautify the Railroad Avenue corridor from Civic Avenue to 10th street through landscaping, art installation, park development and more (Project); and
WHEREAS, based on the Project contents, staff estimated the cost for design services and assistance with permitting, design and bid and construction support to be $486,563; and
WHEREAS, after release and advertisement of Requests for Proposal and Qualification, four responses were received, and each firm was interviewed; and WHEREAS, Gates + Associates was selected for design of the Project based on their experience with design of other gateways signage, beautification and park projects, staff expertise, and previous history of providing high quality design services to the City as well as other public entities.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to negotiate and execute a consultant agreement for design services and to allocate $486,563 for this effort. Be it further resolved that the City Manager is authorized to execute such further documents and take such further actions as may be necessary or appropriate to carry out the City’s obligations pursuant to this Resolution and Project.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 19th the day of September 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Holland Barrett White, Mayor
ATTEST:
____________________________
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Resolution No. 22- Page 2 of 2 September 19, 2022 Alice E. Evenson, City Clerk
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of City Council Resolution Authorizing the City Manager to Execute a Contract for the Purchase of a Towable Generator MEETING DATE: September 19, 2022

EXECUTIVE SUMMARY
The City’s towable generator was retired several years ago and a replacement has not been purchased. The generator is a vital piece of equipment for use in emergency situations as well as projects and events. Staff recommends a new customized towable generator be purchased. If approved, this resolution will authorize a purchase contract with CD & Power for a new towable generator.

FISCAL IMPACT
None from this action. The City Council approved sufficient funds for the purchase of the generator with adoption the City’s Operating Budget for Fiscal Year 2022-23 (Resolution 22- 14107), including the Water Operations – Water Lines (501-44101) and Sewer Operations budget accounts (521-45254). This is an appropriate use of these funds.

RECOMMENDATION
City Council adopt the attached Resolution authorizing the City Manager to execute a purchase contract with CD & Power in the amount of $104,161.39, for purchase of a DCA125 trailer mounted generator.

BACKGROUND
The Public Works Department is responsible for the maintenance of a variety of equipment.

Once a vital piece of equipment, the towable generator was retired several years ago. The purchase of a replacement generator has been delayed for several years for various reasons.
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The generator is critical for emergency situations and can help with routine maintenance. It will be used to provide immediate and temporary back-up power on an as-needed basis in city buildings and facilities that may experience varying scales of power outages due to emergencies or catastrophic events. Additionally, it can be used for backup power to pump stations, power shutdowns during scheduled or unplanned repairs, and other emergency operation center situations. The generator is also useful for powering events and infrastructure projects as needed.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
Staff identified the specific functions a generator would need to fulfill the City’s requirements. Staff solicited bids from two possible vendors that could meet the specifications. CD & Power was the only vendor able to provide a generator to meet all of the City’s requisites. Additionally, CD & Power is able to deliver the generator after receiving a Purchase Order within a reasonable timeframe.

Staff recommends City Council approve the attached resolution authorizing the City Manager to execute a contract with CD & Power, in the amount of $104,161.39, for the purchase of a new DCA125 towable generator with required special equipment and parts.

ATTACHMENTS: Resolution
CD & Power Quote
Report Prepared By: Natasha Farmer, Public Works Administrative Analyst I 498

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter Of:

Resolution to Authorize City Manager ) RESOLUTION NO. 22- To Execute a Contract for the Purchase )
Of a Towable Generator )
WHEREAS, a towable generator is a critical piece of equipment for emergency center operations, temporary back-up power for pump stations and facilities and is useful for powering events and projects; and,
WHEREAS, the City’s towable generator was retired several years ago and never replaced; and,
WHEREAS, staff obtained a price quotation from CD & Power, of Martinez, California. for a custom towable generator and,
WHEREAS, CD & Power is the sole source for the custom towable generator with features required by the City; and,
WHEREAS, sufficient funds to accommodate the purchase are available in the previously approved City operating budget for Fiscal Year 2022/23 for Water and Sewer Operations.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg hereby approves and authorizes the City Manager to authorize the execution of a contract with CD & Power in the amount of $104,161.39, for the purchase of a new custom towable generator.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 19th day of September 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Holland Barrett White, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
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Powering Your Success GOTPOWER.COM

Corporate Headquarters: Sacramento Branch:
150 Nardi Lane 4372 Pinell Street
Martinez, California 94553 Sacramento, California 95838 Phone 925.229.2700 Phone 916.564.2622
Fax 925.229.2702 Fax 916.564.1083
Contractor License #757162
QUOTE#QPITBU82422AG-125-REV2

August 24, 2022 QUOTE#QPITBU82422AG-125-REV2

Pittsburg Police Department
65 Civic Ave
Pittsburg, CA 94565
Attn: Adam Weber
E-Mail: [email protected]
Phone: (925) 252-4884 / (925) 270-9751

RE: Trailer Generator – DCA125
Thank you for the opportunity to provide pricing for the generator set and system accessories son the above referenced project. We are pleased to quote as follows:

ITEM 1: Equipment
One(1) Multi Quip DCA125SSIU4F Trailer Mounted Generator o Isuzu BR-4HK1X Diesel Engine
o EPA Tier 4 Final, Certified
o Water Cooled, 1800 RPM
o 110Kw, Standby Rating, 100kw Prime Rating
o Multi Voltage, 139/240V 3ph, 277/480V 3ph, 120/240V 1 ph, 60 Hz o ECU845 Controller
o Sub-base Fuel Tank, 169 gal, 24 hr run @ full load
o Sound Attenuated Enclosure, 66 dba @23 ft
o Main Line Circuit Breaker 300 Amp
o Hydraulic Brake Trailer
o Options: Power Balance Kit, (1) Set Cam Lok, Battery Charger, Coupler 3” Pintle o 10000 lb GVWR 2 axle trailer with coupler

Scope of Work
o Equipment Only
o 4 Hour break in Load Bank Complete
o Unit Full of Diesel fuel and D.E.F.
o DMV Registration

Price - Will Call 150 Nardi Lane MTZ - - - - - - - - - - - - - $ 96,150.71 (+tax) Tax – Contra Costa County = $8,010.68
Grand Total Including Tax - Will Call 150 Nardi Lane MTZ = $104,161.39 *limited stock - 1 remains in stock*

Possible Adders:
o None

Quotation Notes:
o Estimate lead time is 0 weeks after receipt of order & signed submittal is returned o Delivery time is an estimate and subject to change
o Submittals can be provided in 2 weeks from receipt of order o Permits, Engineering, Special Inspection, Delivery, Training, Installation not included o Any other work except stated above not included

500
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Clarifications:

1. This proposal is in accordance with your verbal request. We are not responsible for any errors in sizing of equipment. Therefore, it should be reviewed by an engineer prior to purchase.

2. Upon review, additional charges may be required and thus requoted, if engineering or city inspectors require changes to the initial design we’ve proposed.

3. OSHPD paperwork and certification are excluded. This is the responsibility of the customer.

4. All permits must be obtained prior to installation of the equipment.

5. For Diesel Engine Generators. Do not fuel until pressurized Tank Testing is complete and signed off by local Hazmat authority.

6. “Engines located on or near school grounds: New Stationary emergency standby diesel-fueled engines (>50 bhp) located on school grounds or 100m or less from a school which exists at the date the application for Permit to Construct or Permit to Operate is deemed complete, whichever is earlier shall emit diesel PM at a rate less than or equal to 0.01 g/bhp- hr” which means that a PM Filter will be necessary. If the generator is within 100 meters of a Kindergarden- 12th grade school and there is not a price for a PM Filter on this quote please contact us immediately.

7. Some local AHJ’s will require field inspections, additional testing, interconnection with a Fire Alarm system or BMS, or verifying functionality on certain components/alarms/monitoring. We are bidding to the plans and specifications provided and cannot cover any and all potential testing that may be requested by AHJ’s. We are bidding to a design spec for a project awarded based on pricing. It is the responsibility of the Consulting/Specifying Engineer to provide the required information to bid the project properly. Typically, the testing/inspection does not require attendance by a CDP technician but in certain instances it does. Please contact us with the specific requirements in writing that apply to your project (from your approved fire permit, County HazMat permit or your inspection corrections) once you have them and our Service Department can quote it accordingly

Pricing: Valid 15-Days from date on quote. Pricing may be adjusted after submittals and air quality acceptance. Any material pricing increase of 10% or more from date of quote will result in charge order for additional material cost.

Restocking: A restocking fee of 15% will apply for cancellation after receipt of purchase order and up to 60 days prior to scheduled order shipment date. Cancellation 60 days or less before scheduled shipment date will result in full PO charges.

Storage: CD & Power will not be held responsible for damage, burglary or vandalism that may occur while equipment is stored at our facility. Storage for more than one month will result in a $100.00/week storage fee. A secondary shipping and/or crane charge to jobsite may also apply.

Supply chain: Delays due to supply chain issues can be expected. CD & Power is not responsible for parts delay, additional cost for delay in parts for repair is at customer’s expense. Material cost increases incurred during contract period of more than 3% will be added to the cost of the project.

Please do not hesitate to give us a call with questions or concerns.

Sincerely,

Alex Grijalva James Kim
Sales Project Coordinator Sales Engineer
925-229-2700 ext. 112 925-229-2700 ext. 128
[email protected] [email protected]

Mike Sartorio
Business Development Manager
925-229-2700 ext. 134
[email protected]
501
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CONDITIONS OF SALE
The Terms and Conditions of Sale below constitute an Agreement between CD & Power and Customer. The provisions of this agreement supersede all prior agreements, negotiations, representations and warranties whether written, oral or otherwise, and no waiver, alteration, or modification of this agreement shall be binding unless agreed to in writing and signed by both CD & Power and customer.

QUOTATIONS are valid for thirty (30) days from the date of quotation unless agreed to in writing by CD & Power. Any material pricing increase of 10% or more from date of quote will result in charge order for additional material cost A Quotation is not a valid acceptance of an offer to sell unless (1), a Purchase Order signed by an authorized representative of the Customer is received by CD & Power or (2), approved by CD & Power Credit Department. Equipment in stock is subject to prior sale.

A recent California Air Resources Board rule requires that a particulate trap be added to generators for jobs located at or within 100 meters of a school grades K through 12 or day care centers. If your jobsite is within these requirements we will be glad to provide you price adders for the installation of a particulate filter.

SPECIAL ORDERS - A nonrefundable deposit is required for all special order equipment and accessories. The deposit will be applied against the balance of the equipment invoice and cancellation charges, if any.

CHANGES AND MODIFICATIONS - Customer agrees to pay for any changes in scope, design or work plan from that ordered. CD & Power shall have the right to subcontract any or all work covered by the sale. Sale is non-assignable by the Customer without prior written approval of CD & Power.

TERMS - All billings are net fifteen (15) days from the date of invoice upon credit approval. Retention is not acceptable. Customers not adhering to payment terms agree to pay delinquency charges of 1.5% per month or the maximum allowable by law, whichever is greater, on the unpaid balance. If CD & Power commences an action to collect amount due the Customer agrees to reimburse CD & Power all collection costs, attorney fees and court costs.

FINAL ACCEPTANCE - Final acceptance shall occur at time of delivery. Offloading is the Customer's responsibility unless otherwise provided for. Storage and interest charges will result when equipment and accessories ready for shipment to the Customer are held in CD & Power inventory due to Customer's inability to accept delivery.

WARRANTY - All implied warranties including without limitation merchantability and fitness for a particular purpose are excluded from this Agreement. CD & Power disclaims all liability for special, incidental, and consequential damages. The only warranty for equipment sold to the Customer shall be the Manufacturer's warranty. CD & Power obligation is limited to rework or replacement of materials necessary to correct any condition of the equipment resulting from defects in material.

On stationary units, Manufacturer's warranty is not effective until Start Test is performed by CD & Power. Start and Test must be paid in advance.

RETURNED MERCHANDISE - Equipment, accessories and parts cannot be returned without CD & Power written approval.

Equipment, accessories and parts must be in salable condition. Customer must pay transportation costs and restocking charge of twenty-five percent (25%) of invoice amount.

SECURITY INTEREST - CD & Power retains and Customer hereby grants CD & Power a Security Interest in equipment sold, including all accessions to and replacements of the equipment, until the Customer has made payment in full in accordance with the provisions herein.

Customer shall cooperate fully with CD & Power in executing such documents as CD & Power may deem necessary for the protection of such Security Interest.

TAXES, LICENSES, PERMITS AND INSURANCE - Customer shall pay to CD & Power the amount of any sales, use, excise, duty or similar tax attributable to the sale covered hereby, whether or not included in the purchase or quotation price. CD & Power will assume no responsibility for obtaining permits or licenses other than those specifically provided for. Customer shall reimburse CD & Power for the cost of providing any insurance related rights or waivers associated with CD & Power existing insurance policies. Where taxes do not apply upon sale or resale, Customer shall provide CD & Power with appropriate exemption certificates.

Customer acknowledges that he has not relied on CD & Power skill or judgment in the selection of equipment and that any technical advice or specifications solicited regarding the equipment shall be used at Customer's own risk. Any noncertified drawings provided are descriptive in nature and not warranties of performance.

Except as expressly provided herein, the Agreement shall be governed, construed, and interpreted by the laws of the State of California. The United Nations Convention on Contracts for the International Sales of Goods (CISG) shall not apply. CD & Power elects to opt out of the CISG. Waiver by CD & Power of any breach of the Terms and Conditions of Sale included herein or on any attachment shall not be construed as a waiver of any other breach. Waiver by CD & Power of any breach must be in writing.

502
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CUSTOMER’S REMEDIES - CD & Power shall not be in default and shall not be liable for delays by equipment manufacturers or suppliers or any other circumstances beyond CD & Power reasonable control. Customer’s exclusive and sole remedy on account or in respect of any breach, or to any express or implied warranty, shall be to secure replacement. Correction of any nonconformity shall constitute complete fulfillment of all liabilities of CD & Power. CD & Power aggregate liability in any customer claim shall not, under any circumstances, exceed the payment received by CD & Power for the equipment and services furnished. CD & Power liability shall be limited to those claims arising solely from the acts of the CD & Power. CD & Power shall not be liable whether in contract or in tort or under any other legal theory for loss of revenue, use, or profit or for the cost of any labor expended. Customer agrees to indemnify, save and hold CD & Power harmless for any special, direct, indirect, incidental, accidental or consequential damages to anyone by reason of any breach of contract or of any express or implied warranty.

Payment Intervals upon Acceptance of Proposal:
100% - Prior to Pick-Up

The authorized purchaser identified below accepts this proposal and agrees, upon acceptance by CD & Power, to purchase and pay for this equipment, accessories and service in accordance with the CD & Power Conditions of Sale and Standard Terms & Conditions.

Company Name: _______________________________________________

Contact Name: ________________________________________________

Purchaser Authorized Signature: ___________________________________

Contact Title: ___________________________________________________

Date: ________________________________________

Purchase Order: ___________________________________________________

City of Pittsburg
City Manager
Garrett Evans
503

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing the City Manager to Negotiate and Submit to the California State Lands an Amendment to Tidelands Lease No. PRC 7643.1
MEETING DATE: September 19, 2022

EXECUTIVE SUMMARY
In connection with a pending sale by USS-UPI, LLC (successor by conversion to USS- Posco Industries) (“UPI”) of certain property at 900 Loveridge Road adjacent to Tidelands property leased from the City, UPI has requested to amend Lease No. PRC 7643.1 to expand allowed uses of the Tidelands property. A lease amendment of this nature requires final approval by the California State Lands Commission.

FISCAL IMPACT
Fiscal terms of this lease are not included in the proposed amendment. This amendment will therefore have no impact on the City’s General Fund nor lease revenue received.

RECOMMENDATION
City Council adopt a Resolution authorizing the City Manager to negotiate, execute, and submit to the California State Lands Commission an Amendment to Tidelands Lease No.

PRC 7643.1 between the City of Pittsburg and UPI.

BACKGROUND
In 2011, California Senate Bill 551 (“SB 551”) enacted a grant of sovereign tidelands and submerged lands (“Tidelands”) within City boundaries to the City. This grant included submerged lands on which UPI constructed and operated infrastructure for “offloading, storing and processing of raw steel materials…fueling of ships… and any ancillary activities in connection with the foregoing” (“UPI Tidelands”). With the passage of SB 551, by operation of law, the City became lessor in place of the State of California for all existing leases of Tidelands, including a Tidelands Lease with UPI from 2006 of the UPI Tidelands. 504
UPI owns upland property adjacent to the UPI Tidelands and is currently under contract to sell the upland property to HRP Pittsburg, LLC (“Hilco”). In connection with the sale of the upland property, and as allowed by the Tidelands Lease, UPI desires to assign its rights under its Lease to Hilco, and Hilco desires to subsequently sublet the UPI Tidelands back to UPI. Prior to the assignment and sublease, Hilco desires to have the ability to sublet the UPI Tidelands to additional parties that would utilize the wharf for purposes other than those already approved under UPI’s Tidelands Lease. While UPI is amenable to this proposed amendment and provisions of UPI’s Tidelands lease allow for subleasing of Tidelands as approved by the City, the City must obtain California State Lands Commission approval to expand allowed industrial uses on leased Tidelands properties per SB 551.

SUBCOMMITTEE FINDINGS
This item was not presented at a Subcommittee.

STAFF ANALYSIS
In addition to the aforementioned approved use of the UPI Tidelands, Hilco has requested permission to conduct the following operations on UPI Tidelands:
• Offloading, storing, processing, transporting, and otherwise handling materials for owner(s) or other occupant(s) of any portion of the adjacent upland property, including, without limitation, the continued use by UPI of the Tidelands for the offloading, storing and processing of hot steel materials • Fleeting of ships (generally defined herein as the in water storage of ships, barges, or similar vessels)
• Parking of trailers or vehicles on land (a portion of the UPI Tidelands are not submerged)
The proposed Tidelands uses are common throughout the San Francisco Bay, Sacramento- San Joaquin delta, and beyond. They are uses that do not require significant infrastructural updates, are similar to the current approved use regarding introduced environmental risk, and align with the City’s Trust Lands Use Plan that strives to maintain the use and character of its residential, industrial, commercial, park, and open space Trust Lands.” The UPI Tidelands are zoned General Industrial and the proposed uses are also consistent with the City’s Industrial General Plan designation which envisions this site as a location for warehousing and distribution, storage, commercial and business services, and more.

Finally, in the interest of public health and safety, the amendment will also include provisions requiring Hilco to notify the City, in writing, of all subleases entered into for use of the UPI Tidelands, and obtain all CEQA, federal, state, and local approvals as required prior to subleasing. If approved, this amendment will be submitted to the California State Lands Commission for final contemplation at the October 25, 2022 Commission meeting.

ATTACHMENTS: Resolution 22-
Draft UPI Tidelands Lease Amendment
Report Prepared By: Sara Bellafronte, Senior Administrative Analyst 505
Resolution No. 22- Page 1 of 2 September 19, 2022

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Authorizing the City Manager to Negotiate )
And Submit to the California State Lands ) RESOLUTION NO.

Commission an Amendment to Tidelands )
Lease No. PRC 7643.1 )
WHEREAS, in 2011, California Senate Bill 551 (“SB 551”) enacted a grant of sovereign tidelands and submerged lands (“Tidelands”) within City boundaries to the City.

This grant included submerged lands on which USS-UPI, LLC (successor by conversion to USS-Posco Industries) (“UPI”) constructed and operated infrastructure for “offloading, storing and processing of raw steel materials…fueling of ships… and any ancillary activities in connection with the foregoing” (“UPI Tidelands”); and WHEREAS, with the passage of SB 551, by operation of law, the City became lessor in place of the State of California for all existing leases of Tidelands, including a Tidelands Lease with UPI from 2006 of the UPI Tidelands; and WHEREAS, UPI owns upland property adjacent to the UPI Tidelands and is currently under contract to sell the upland property to HRP Pittsburg, LLC (“Hilco”); and WHEREAS, in connection with the sale of the upland property, and as allowed by the Tidelands Lease, UPI desires to assign its rights under its Lease to Hilco, and Hilco desires to subsequently sublet the UPI Tidelands back to UPI; and WHEREAS, prior to the assignment and sublease, Hilco desires to have the ability to sublet the UPI Tidelands to additional parties that would utilize the wharf for purposes other than those already approved under UPI’s Tidelands Lease, including offloading, storing, processing, transporting, and otherwise handling materials, fleeting of ships, and parking of trailers or vehicles on land; and
WHEREAS, SB 551, UPI as Lessee, the existing UPI Tidelands Lease, and the City as Lessor all allow for subleasing of Tidelands; and
WHEREAS, the City must obtain California State Lands Commission approval to expand allowed industrial uses on leased Tidelands properties per SB 551.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to negotiate, execute, and submit to the California State Lands Commission and Amendment to Tidelands Lease No. PRC 7643.1. 506
Resolution No. 22- Page 2 of 2 September 19, 2022 PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 19th the day of September 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Holland Barrett White, Mayor
ATTEST:
____________________________
Alice E. Evenson, City Clerk
507
USA.605149285.9/TJ0
AMENDMENT TO GENERAL LEASE – INDUSTRIAL USE
THIS AMENDMENT TO GENERAL LEASE – INDUSTRIAL USE (the
“Amendment”) is entered into this ___ day of _________, 2022 by and between The City of Pittsburg, a California municipal corporation (the “Lessor”) and USS-UPI, LLC, a Delaware limited liability company , successor by conversion to USS-POSCO Industries, a California Partnership (“USS-UPI”).

R E C I T A L S
A. The State of California, Acting by and through the California State Lands Commission (collectively, the “State Lands Commission”) and USS-UPI entered into that certain General Lease – Industrial Use, Lease No. PRC 7643.1, dated November 18, 2006 (the “Lease”), concerning certain real property located in the City of Pittsburg, Contra Costa County, State of California, as more particularly described on Exhibit “A” and depicted on Exhibit “A-1” to the Lease (the “Lease Premises”).

B. Pursuant to Chapter 422, Statutes of 2011, all right, title and interest in and to the Lease Premises was subsequently vested in Lessor.

C. USS-UPI owns certain property adjacent to the Lease Premises legally described on Schedule 1 attached hereto (the “Fee Property”) which it currently is under contract to sell to HRP Pittsburg, LLC (“Hilco”).

D. In connection with the sale of the Fee Property to Hilco, USS-UPI desires to assign its rights under the lease (the “Assignment”) to Hilco, and Hilco desires to subsequently sublet the Premises to USS-UPI (the “Sublease”).

E. Hilco desires to have the ability to sublet the Premises to additional parties, with Lessor’s consent, so long as Hilco remains the Lessee under the Lease.

F. Lessor has agreed to consent to the Assignment, the Sublease, and certain other necessary modifications to the Lease, and to enter into this Amendment accordingly.

NOW THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, and the above recitals which are by this reference incorporated herein, the sufficiency of which is hereby acknowledged by the parties hereto, the parties hereto agree as follows:

1. Defined Terms. Capitalized terms used in this Amendment and not otherwise defined shall have the meanings given to such terms in the Lease.

2. Page 1. The following language from the second paragraph of Page 1 of the Lease is hereby deleted in its entirety:
“, for the purpose of off loading, storing and processing hot-rolled steel coils as more particularly described below”
508
2 3. Use of Lease Premises. The first sentence of subsection “A” of Section 2 of the Lease shall be deleted in its entirety and replaced with the following language:
“Lessee shall be permitted to use the Lease Premises during the term for offloading, storing, processing, transporting, and otherwise handling materials for owner(s) or other occupant(s) of any portion of the Fee Property, including, without limitation, the continued use by UPI of the Premises for the offloading, storing and processing of hot steel materials, and further including the fleeting of ships (generally defined herein as the in water storage of ships, barges, or similar vessels) and parking of trailers or vehicles on land. Lessee shall notify the City, in writing, of all subleases entered into for use of the Premises, and shall be subject to all federal, state, and local ordinances regulating the land use within the limits of the City of Pittsburg, as well as review under the California Environmental Quality Act (CEQA). ”

4. Performance Deposit. The following language shall be and hereby is added after the last sentence of Section 10 of the Lease:
“At the discretion of Lessee, any obligation of, or undertaking made by, the Lessee in this Section 10, including without limitation those set forth in subsections (A)- (E) hereof, may be satisfied either directly by Lessee or by any sublessee (or such obligations or undertakings of the Lessee may be apportioned and prorated between or among the Lessee and any sublessee(s) to account for any shared uses of the Lease Premises as those parties may determine in their sole discretion)."

5. Insurance Against Property Damage or Loss. The following provision shall be added as subsection “D” of Section 11 of the Lease:
“At the discretion of Lessee, any obligation of, or undertaking made by, the Lessee in this Section 11, including without limitation those set forth in subsections (A)- (C) hereof, may be satisfied either directly by Lessee or by any sublessee (or such obligations or undertakings of the Lessee may be apportioned and prorated between or among the Lessee and any sublessee(s) to account for any shared uses of the Lease Premises as those parties may determine in their sole discretion).”

6. Assignment and Subletting.
a) The following language shall be and hereby is added after the last sentence of subsection “G” of Section 15 of the Lease:
“Provided, however, and notwithstanding anything herein to the contrary, no consent shall be required in the event Lessee transfers or assigns its ownership interest or use rights in only a portion of the adjoining lands owned by Lessee.” b) The following provision shall be added as subsection “H” of Section 15 of the Lease:
“Notwithstanding anything herein to the contrary, no Lessor consent shall be required for any of the following: (i) any subletting of the Lease Premises, or any portion thereof, by Lessee to 509
3 any third party (provided that Lessee shall provide notice thereof to Lessor), (ii) any occupancy or other use of the Lease Premises, or any portion thereof, by any third party at the direction of Lessee provided, in either case, that Lessee remains primarily liable for compliance with the Lease (except as otherwise provided for herein to the contrary) and (iii) any assignment of the Lease to an affiliate of Lessee, provided that such affiliate also acquires ownership or use rights with respect to any land adjoining the Lease Premises (which land is currently owned by Lessee) (provided that Lessee shall provide notice thereof to Lessor). For the purposes of this subsection (iii) only “affiliate” shall mean either (a) any entity controlling, controlled by or under common control with HRP Pittsburg, LLC or (b) any entity (i) that is directly or indirectly managed by (A) Hilco Redevelopment, LLC, or (B) an entity controlling, controlled by, or under common control with Hilco Redevelopment, LLC or (ii) that is directly or indirectly managed by US RE Company, LLC or in which US RE Company, LLC has any direct and/or indirect ownership interest.”

7. Agent for Service of Process. Subsection “A” of Section 24 of the Lease shall be and hereby is deleted in its entirety and replaced as follows:

A. Lessee’s agent for service of process is:
[_____________________________
_____________________________
_____________________________
_____________________________]

8. Continuous Use; Abandonment. Section 31 of the Lease shall be and hereby is deleted in its entirety, provided that the deletion thereof shall not limit Lessee’s other obligations with respect to the Lease Premises under the Lease.

9. Notices. The first sentence of Section 37 of the Lease shall be and hereby is deleted in its entirety and replaced as follows:
“Any notice required or permitted to be given to Lessee shall be in writing and shall be sent by U.S. Mail to [_______________________________________], with a copy to [_________________________________], and until the expiration of the sublease to USS-UPI, with a copy to: USS-UPI, LLC at 900 Loveridge Road, Pittsburg, CA 94565, Attention: President, and with copy to: USS-UPI, LLC, c/o United State Steel Corporation, 600 Grant Street, Suite 1844, Pittsburgh, PA 15219, Attn: Mark W. Furry, Assistant General Counsel Corporate; provided, however, that if Lessee shall give notice in writing to Lessor of any change in said address specified in such notice, then and in that event such notice shall be given to Lessee at the new address specified in such notice.”

10. Miscellaneous
510
4 a) Except as expressly modified by this Amendment, the Lease and all terms and conditions thereof remain unmodified and in full force and effect. b) This Amendment may be executed in any number of counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one document.
c) To the extent of any conflict between the Lease and this Amendment, the terms, conditions, and provisions of this Amendment shall control. d) Handwritten signatures to this Amendment transmitted by telecopy or electronic transmission (for example, through the use of a Portable Document Format or "PDF" file) shall be valid and effective to bind the parties so signing. It is expressly agreed that each party to this Amendment shall be bound by its own telecopied or electronically transmitted handwritten signature and shall accept the telecopy or electronically transmitted handwritten signature of the other party to this Amendment. The parties hereto agree that the use of telecopied or electronic signatures for the execution of this Amendment shall be legal and binding and shall have the same full force and effect as if originally signed.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.

SIGNATURE PAGE FOLLOWS.]
511

SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first written above.

LESSOR: City of Pittsburg
By: ___________________________
Name: ___________________________
Title: ___________________________
LESSEE: USS-UPI, LLC
By: ___________________________
Name: ___________________________
Title: ___________________________
This Amendment was authorized by the California State Lands Commission on ____________________________,
[date]

ACKNOWLEDGEMENT

ON FOLLOWING PAGE
512

ACKNOWLEDGEMENT
513
Schedule 1
Legal Description of Fee Property
514
8 515
9 516
10 517
11 518
12 519

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of City Council Resolution Authorizing City Manager to Execute a Contract for the Purchase of New Police Interceptor Vehicles MEETING DATE: September 19, 2022

EXECUTIVE SUMMARY
The City maintains a fleet of vehicles and equipment necessary for police operations and for maintenance of the City’s infrastructure. The City solicited bids from multiple vendors for replacement of vehicles that have lower reliability and are requiring more maintenance. If approved, the resolution authorizes the purchase of eleven (11) new vehicles from Future Ford of Concord.

FISCAL IMPACT
Funding for the vehicles, totaling $637,464.24 will come from the Public Works Department’s Fleet Maintenance budget (Fund 611-43201) previously approved by the City Council for FY 2022-23 (Resolution No. 22-14107). No new funds are requested.

RECOMMENDATION
City Council adopt the attached resolution authorizing the City Manager to execute a contract for the purchase of eleven (11) 2023 Ford Police Interceptor Utility vehicles totaling $637,464.24 from Future Ford of Concord.

BACKGROUND
The Public Works Department Fleet Maintenance Division is responsible for the maintenance of a vehicle fleet of more than 200 cars, trucks, heavy equipment and other equipment. The fleet includes police patrol cars, sedans, motorcycles, heavy-duty trucks and construction equipment, as well as light- and medium-duty trucks, vans, sport utility vehicles, and other pieces of equipment such as compressors and mowers. The entire fleet has a replacement value of approximately $6 million.

Staff identified specific vehicles and equipment designated for purchase during FY 2022/23 based on highest priority for City operations, immediate need, and length of time required 520
for delivery. If approved, the eleven (11) vehicles will replace those in lesser condition in the City’s fleet.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
Staff sent requests for bids to five companies that provide specially designed Ford vehicles.

Future Ford of Concord was the lowest responsive, responsible bidder for all available 2023 models. All Star Ford was the only company to provide a cost for the Ford F150 regular cab trucks requested in the bid. However, staff confirmed the order bank is closed for 2023 F150 models, and they are unable to be purchased at this time. Summaries of the bids received, and specifications are attached to this report.

Funds sufficient to finance this purchase are available in the Public Works Fleet Maintenance budget previously approved by the City Council for FY 2022-23. Delivery of the vehicles is anticipated approximately nine to twelve months after authorization of purchase but may take longer due to shipping delays as caused by the pandemic.

Staff recommends the City Council approve the attached resolution authorizing the City Manager to execute a contract with Future Ford of Concord in the amount of $637,464.24 for the purchase of eleven (11) new 2023 Ford Police Interceptor SUV’s.

ATTACHMENTS: Resolution
Bid Summary Sheets and Specifications
Report Prepared By: Natasha Farmer, Public Works Administrative Analyst I 521

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter Of:

Authorizing Execution of a )
Contract to Purchase New ) RESOLUTION NO. 22-
Police Interceptor Vehicles )
WHEREAS, the City’s Public Works Department is responsible for the care and maintenance of the City’s fleet of vehicles and equipment; and, WHEREAS, from time to time vehicles and equipment become old or worn to the point where they are no longer able to provide optimum service to the City or are too costly to maintain; and,
WHEREAS, these vehicles and equipment must routinely be replaced to provide City staff with adequate equipment to provide the best and most cost-effective services to the public; and
WHEREAS, on August 15, 2022, the City solicited bids from five equipment and vehicle vendors in the area; and,
WHEREAS, Future Ford of Concord was the lowest responsive, responsible bidder for all 2023 Ford models confirmed available for purchase; and WHEREAS, staff recommends approval of a contract for the purchase of 11 vehicles consistent with the specifications and amount of the bid from Future Ford of Concord; and,
WHEREAS, sufficient funds for this the purchase are available in the previously approved Fleet Budget for Fiscal Year 2022/23.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg hereby approves and authorizes the City Manager to execute a contract with Future Ford of Concord in the amount of $637,464.24 to purchase 11 new 2023 Ford Police Interceptor Utility vehicles.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 19th day of September 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_______________________________
Holland Barrett White, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
522
523
524
525
526
527
528
529
530
531

MEETING DATE: September 19, 2022

EXECUTIVE SUMMARY
Staff Recommends approval of the Axon Enterprise Inc., five-year Contract Renewal Agreement to provide equipment and electronic media storage for the Police Department for years 2022 through 2027.

FISCAL IMPACT
This Resolution approving the five-year Contract Renewal Agreement for electronic and medial storage with Axon Enterprises, Inc. shall not exceed $1,862,386. The Police Department’s General Fund Budget (Fund 110) includes $324,957 for FY 2022/23 and anticipates another $384,357 to be paid annually concluding in FY 2026/27.

RECOMMENDATION
City Council adopt the attached Resolution to execute the five-year Contract Renewal Agreement with Axon Enterprise, Inc.

BACKGROUND
The Pittsburg Police Department began using body worn cameras in 2012. Since that time Axon technology and equipment has advanced to a level that provides officers with a vast array of equipment and services which enhances officer safety, accountability, and operational efficiency. The renewal of this contract will continue to equip officers with these indispensable tools which have become a staple to their daily operations.

The Purchasing Agreement includes body worn cameras, in car cameras, signal devices to automatically activate cameras, conducted electrical weapons, and interview room monitoring devices. The electronic media storage (Evidence.com) is unlimited in capacity to include unlimited third-party data and will safely encrypt and store said media. This contract includes two equipment refreshment clauses outfitting the police department with the most 532
up-to-date hardware dispersed in intervals throughout the life of the contract. In addition, Axon will provide virtual reality training equipment for the purpose of enhanced de- escalation training, on site training and training vouchers for five officers to reach master level training instructors in the use of conducted electrical weapons.

SUBCOMMITTEE FINDINGS
This item was presented to the Public Safety Subcommittee on September 6, 2022.

STAFF ANALYSIS
Continuing advancements in this technology and growing security concerns, has left the current equipment outdated, and the Department in a challenged position to confidently comply with security requirements.

In 2015 Assembly Bill No. 69 was approved by the Governor adding Section 832.18 to the California Penal Code. Penal Code 832.18 requires law enforcement agencies to consider specified best practices when establishing policies and procedures for downloading and storing data from body-worn cameras, prohibiting the unauthorized use, duplication, or distribution of the data, and establishing storage periods for evidentiary and non- evidentiary data. The Police Department must establish specific measures to prevent data tampering, deleting, and copying including prohibiting the unauthorized use, duplication, or distribution of body worn camera data.

The data storage vendor, Evidence.com owned and operated by Axon Enterprise, Inc. is an experienced and reputable third-party vendor and meets all requirements set forth in Penal Code 832.18, to include abiding by to the terms and requirements set forth in the Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) Addendum. The detailed audit trail further prevents data tampering and unauthorized access ensuring the Department’s security and compliance.

ATTACHMENTS: Axon Quote
Resolution
Report Prepared By: Chief Steve Albanese
533
Resolution No. 22- Page 1 of 1 September 19, 2022

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Resolution to Approve and Authorize )
The Purchasing Agreement with )
Axon Enterprise, Inc. ) RESOLUTION NO. 22-_____

WHEREAS, the Pittsburg Police Department began using body worn cameras in 2012. Since that time Axon technology and equipment has advanced to a level that provides officers with a vast array of equipment and services which enhances officer safety, accountability, and operational efficiency. The renewal of this contract will continue to equip officers with these indispensable tools which have become a staple to their daily operations; and
WHEREAS, advancements in this technology and continued security concerns has left the current equipment outdated, and the Department in a continued need to confidently comply with growing security requirements; and
WHEREAS, staff has negotiated terms of an agreement with Axon Enterprise, Inc. for body-worn and fleet camera hardware equipment and software subscription, Tasers and unlimited data storage as outlined in the agreement.

NOW, THEREFORE, the City Council finds and determines as follows:

Section 1. The City Council finds and determines that the above recitals are true and correct and incorporated herein.

Section 2. The City Manager or his designee is authorized and directed to execute a five-year Contract Renewal Agreement with Axon Enterprise, Inc. to provide equipment and electronic media storage for the Police Department in an amount not to exceed $1,862,386.

Section 4. This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 19th day of September 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
________________________________
Holland Barrett White, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
534

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Q-408046-44797.880KP
Issued: 08/24/2022
Quote Expiration: 09/30/2022
Estimated Contract Start Date: 10/15/2022
Account Number: 106911
Payment Terms: N30
Delivery Method: UPS Ground

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Business;Delivery;Invoice-65 Civic Ave Pittsburg Police Dept - CA Kyle Panasewicz Patrick Wentz 65 Civic Ave 65 Civic Ave Phone: +1 4803294734 Phone: (925) 252-4931 Pittsburg, CA 94565-3814 Pittsburg, CA 94565-3814 Email: [email protected] Email: [email protected] USA USA Fax: (480) 905-2071 Fax: (925) 252-4813
Email: [email protected]
Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $199,989.70 TOTAL COST $1,791,423.80
ESTIMATED TOTAL W/ TAX $1,862,386.71 TOTAL SAVINGS $999,948.50

Payment Summary
Date Subtotal Tax Total
Sep 2022 $312,833.82 $12,123.27 $324,957.09
Sep 2023 $369,647.50 $14,709.91 $384,357.41
Sep 2024 $369,647.50 $14,709.91 $384,357.41
Sep 2025 $369,647.50 $14,709.91 $384,357.41
Sep 2026 $369,647.48 $14,709.91 $384,357.39
Total $1,791,423.80 $70,962.91 $1,862,386.71
Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
535

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Quote Unbundled Price: $2,791,372.30
Quote List Price: $2,189,585.20
Quote Subtotal: $1,791,423.80
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
80477 FLEET 3 ADVANCED RENEWAL WITH TAP TRUE UP 43 10 $51.24 $0.00 $0.00 $0.00 $0.00 2022OSP7+Premium 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 87 60 $331.60 $249.00 $227.23 $1,186,140.60 $54,191.06 $1,240,331.66 2022Unlim7+Prem 2022 UNLIMITED 7+ PREMIUM BUNDLE 18 60 $271.32 $209.00 $186.66 $201,592.80 $7,265.25 $208,858.05 Fleet3ARe Fleet 3 Advanced Renewal 43 50 $195.25 $148.00 $148.00 $318,200.00 $8,154.26 $326,354.26 BWCamTAP Body Worn Camera TAP Bundle 10 60 $30.87 $28.00 $0.00 $0.00 $0.00 $0.00 A la Carte Hardware
72036 FLEET 3 STANDARD 2 CAMERA KIT 43 $2,495.00 $0.00 $0.00 $0.00 $0.00 72036 FLEET 3 STANDARD 2 CAMERA KIT 1 $2,495.00 $0.00 $0.00 $0.00 $0.00 AB3C AB3 Camera Bundle 85 $699.00 $0.00 $0.00 $0.00 $0.00 AB3MBD AB3 Multi Bay Dock Bundle 14 $1,538.90 $0.00 $0.00 $0.00 $0.00 AB3C AB3 Camera Bundle 18 $699.00 $0.00 $0.00 $0.00 $0.00 AB3C AB3 Camera Bundle 10 $699.00 $0.00 $0.00 $0.00 $0.00 A la Carte Software
80504 INTERVIEW ROOM STANDARD EVIDENCE.COM
LICENSE 5 60 $69.00 $69.00 $20,700.00 $0.00 $20,700.00
50039 INTERVIEW - SOFTWARE - CLIENT MAINTENANCE
(PER TOUCH PANEL-P 3 60 $25.00 $25.00 $4,500.00 $0.00 $4,500.00 50043 INTERVIEW - SOFTWARE - STREAMING SERVER
MAINTENANCE (PER SER 2 60 $29.17 $29.17 $3,500.40 $0.00 $3,500.40 50045 UNLIMITED INTERVIEW ROOM CLOUD STORAGE 5 60 $99.00 $99.00 $29,700.00 $0.00 $29,700.00 87050 FLEET VIEW XL LICENSE 43 10 $29.00 $29.00 $12,470.00 $0.00 $12,470.00 80214 FLEET EVIDENCE.COM UNLIMITED STORAGE 43 10 $34.00 $34.00 $14,620.00 $1,352.34 $15,972.34 A la Carte Services
20379 VR 1-DAY SERVICE 1 $4,125.00 $0.00 $0.00 $0.00 $0.00 85144 AXON STARTER 1 $4,125.00 $0.00 $0.00 $0.00 $0.00
85014 AXON 1-DAY SERVICE 1 $3,000.00 $0.00 $0.00 $0.00 $0.00 Total $1,791,423.80 $70,962.91 $1,862,386.71
536

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Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
2022 - OFFICER SAFETY PLAN 7 PLUS Premium 100126 AXON VR TACTICAL BAG 2 09/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 100186 HTC FOCUS 3 WRIST TRACKER 4 09/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 87 09/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 2 09/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 20018 TASER 7 BATTERY PACK, TACTICAL 104 09/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 2 09/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 20160 TASER 7 HOLSTER - SAFARILAND, RH+CART CARRIER 44 09/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 20161 TASER 7 HOLSTER - SAFARILAND, LH+CART CARRIER 43 09/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 20296 SAMSUNG S7+ TABLET FOR VR SIMULATOR 2 09/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 20297 SAMSUNG S7+ TABLET CASE FOR VR SIMULATOR 2 09/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 20298 VR-ENABLED GLOCK 19 CONTROLLER 2 09/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 20378 HTC FOCUS 3 VR HEADSET 4 09/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 522 09/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 348 09/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 22177 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, STANDOFF NS 348 09/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 22179 TASER 7 INERT CARTRIDGE, STANDOFF (3.5-DEGREE) NS 100 09/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 22196 TASER 7 VR CARTRIDGE, STANDOFF (3.5-DEGREE) 4 09/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 22197 TASER 7 VR CARTRIDGE, CLOSE-QUARTERS (12-DEGREE) 4 09/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 1 09/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 1 09/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 71044 BATTERY, SIGNAL SIDEARM, CR2430 SINGLE PACK 174 09/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 74200 TASER 7 6-BAY DOCK AND CORE 1 09/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 75015 SIGNAL SIDEARM KIT 87 09/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 80087 TASER 7 TARGET, CONDUCTIVE, PROFESSIONAL (RUGGEDIZED) 2 09/15/2022 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 80090 TARGET FRAME, PROFESSIONAL, 27.5 IN. X 75 IN., TASER 7 2 09/15/2022 2022 UNLIMITED 7+ PREMIUM BUNDLE 100126 AXON VR TACTICAL BAG 1 09/15/2022 2022 UNLIMITED 7+ PREMIUM BUNDLE 100186 HTC FOCUS 3 WRIST TRACKER 2 09/15/2022 2022 UNLIMITED 7+ PREMIUM BUNDLE 20296 SAMSUNG S7+ TABLET FOR VR SIMULATOR 1 09/15/2022 2022 UNLIMITED 7+ PREMIUM BUNDLE 20297 SAMSUNG S7+ TABLET CASE FOR VR SIMULATOR 1 09/15/2022 2022 UNLIMITED 7+ PREMIUM BUNDLE 20298 VR-ENABLED GLOCK 19 CONTROLLER 1 09/15/2022 2022 UNLIMITED 7+ PREMIUM BUNDLE 20378 HTC FOCUS 3 VR HEADSET 1 09/15/2022 2022 UNLIMITED 7+ PREMIUM BUNDLE 22196 TASER 7 VR CARTRIDGE, STANDOFF (3.5-DEGREE) 2 09/15/2022 2022 UNLIMITED 7+ PREMIUM BUNDLE 22197 TASER 7 VR CARTRIDGE, CLOSE-QUARTERS (12-DEGREE) 2 09/15/2022 2022 UNLIMITED 7+ PREMIUM BUNDLE 71044 BATTERY, SIGNAL SIDEARM, CR2430 SINGLE PACK 36 09/15/2022 2022 UNLIMITED 7+ PREMIUM BUNDLE 75015 SIGNAL SIDEARM KIT 18 09/15/2022 AB3 Camera Bundle 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 94 09/15/2022 AB3 Camera Bundle 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 11 09/15/2022 AB3 Camera Bundle 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 20 09/15/2022 AB3 Camera Bundle 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 85 09/15/2022 AB3 Camera Bundle 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 10 09/15/2022 AB3 Camera Bundle 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 18 09/15/2022 AB3 Camera Bundle 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 2 09/15/2022 AB3 Camera Bundle 74028 WING CLIP MOUNT, AXON RAPIDLOCK 94 09/15/2022 537

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Hardware
Bundle Item Description QTY Estimated Delivery Date
AB3 Camera Bundle 74028 WING CLIP MOUNT, AXON RAPIDLOCK 20 09/15/2022 AB3 Multi Bay Dock Bundle 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 14 09/15/2022 AB3 Multi Bay Dock Bundle 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 14 09/15/2022 AB3 Multi Bay Dock Bundle 74210 AXON BODY 3 - 8 BAY DOCK 14 09/15/2022 A la Carte 72036 FLEET 3 STANDARD 2 CAMERA KIT 43 07/15/2023 A la Carte 72036 FLEET 3 STANDARD 2 CAMERA KIT 1 07/15/2023 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 348 09/15/2023 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 348 09/15/2024 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 22177 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, STANDOFF NS 348 09/15/2024 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 100210 VIRTUAL REALITY TABLET REFRESH ONE 2 03/15/2025 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 20373 VIRTUAL REALITY HEADSET REFRESH ONE 4 03/15/2025 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 73309 AXON CAMERA REFRESH ONE 87 03/15/2025 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 73689 MULTI-BAY BWC DOCK 1ST REFRESH 11 03/15/2025 2022 UNLIMITED 7+ PREMIUM BUNDLE 100210 VIRTUAL REALITY TABLET REFRESH ONE 1 03/15/2025 2022 UNLIMITED 7+ PREMIUM BUNDLE 20373 VIRTUAL REALITY HEADSET REFRESH ONE 1 03/15/2025 2022 UNLIMITED 7+ PREMIUM BUNDLE 73309 AXON CAMERA REFRESH ONE 18 03/15/2025 2022 UNLIMITED 7+ PREMIUM BUNDLE 73689 MULTI-BAY BWC DOCK 1ST REFRESH 3 03/15/2025 Body Worn Camera TAP Bundle 73309 AXON CAMERA REFRESH ONE 10 03/15/2025 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 348 09/15/2025 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 348 09/15/2026 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 73310 AXON CAMERA REFRESH TWO 87 09/15/2027 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 73688 MULTI-BAY BWC DOCK 2ND REFRESH 11 09/15/2027 2022 UNLIMITED 7+ PREMIUM BUNDLE 73310 AXON CAMERA REFRESH TWO 18 09/15/2027 2022 UNLIMITED 7+ PREMIUM BUNDLE 73688 MULTI-BAY BWC DOCK 2ND REFRESH 3 09/15/2027 Body Worn Camera TAP Bundle 73310 AXON CAMERA REFRESH TWO 10 09/15/2027 Fleet 3 Advanced Renewal 72040 FLEET REFRESH, 2 CAMERA KIT 43 10/14/2027 Fleet 3 Advanced Renewal 72040 FLEET REFRESH, 2 CAMERA KIT 1 10/14/2027 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 100165 UNLIMITED 3RD-PARTY STORAGE 87 10/15/2022 10/14/2027 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 20248 TASER 7 EVIDENCE.COM LICENSE 87 10/15/2022 10/14/2027 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 20248 TASER 7 EVIDENCE.COM LICENSE 1 10/15/2022 10/14/2027 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 20370 FULL VR TASER 7 ADD-ON USER ACCESS 87 10/15/2022 10/14/2027 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 73478 REDACTION ASSISTANT USER LICENSE 87 10/15/2022 10/14/2027 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 73618 CITIZEN FOR COMMUNITIES USER LICENSE 87 10/15/2022 10/14/2027 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 73680 RESPOND DEVICE PLUS LICENSE 87 10/15/2022 10/14/2027 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 73681 AXON RECORDS FULL 87 10/15/2022 10/14/2027 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 73682 AUTO TAGGING LICENSE 87 10/15/2022 10/14/2027 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 87 10/15/2022 10/14/2027 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 73739 PERFORMANCE LICENSE 87 10/15/2022 10/14/2027 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 73746 PROFESSIONAL EVIDENCE.COM LICENSE 87 10/15/2022 10/14/2027 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 85760 Auto-Transcribe Unlimited Service 87 10/15/2022 10/14/2027 2022 UNLIMITED 7+ PREMIUM BUNDLE 100165 UNLIMITED 3RD-PARTY STORAGE 18 10/15/2022 10/14/2027 2022 UNLIMITED 7+ PREMIUM BUNDLE 20370 FULL VR TASER 7 ADD-ON USER ACCESS 18 10/15/2022 10/14/2027 2022 UNLIMITED 7+ PREMIUM BUNDLE 73478 REDACTION ASSISTANT USER LICENSE 18 10/15/2022 10/14/2027 538

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Software
Bundle Item Description QTY Estimated Start Date Estimated End Date 2022 UNLIMITED 7+ PREMIUM BUNDLE 73618 CITIZEN FOR COMMUNITIES USER LICENSE 18 10/15/2022 10/14/2027 2022 UNLIMITED 7+ PREMIUM BUNDLE 73680 RESPOND DEVICE PLUS LICENSE 18 10/15/2022 10/14/2027 2022 UNLIMITED 7+ PREMIUM BUNDLE 73681 AXON RECORDS FULL 18 10/15/2022 10/14/2027 2022 UNLIMITED 7+ PREMIUM BUNDLE 73682 AUTO TAGGING LICENSE 18 10/15/2022 10/14/2027 2022 UNLIMITED 7+ PREMIUM BUNDLE 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 18 10/15/2022 10/14/2027 2022 UNLIMITED 7+ PREMIUM BUNDLE 73739 PERFORMANCE LICENSE 18 10/15/2022 10/14/2027 2022 UNLIMITED 7+ PREMIUM BUNDLE 73746 PROFESSIONAL EVIDENCE.COM LICENSE 18 10/15/2022 10/14/2027 2022 UNLIMITED 7+ PREMIUM BUNDLE 85760 Auto-Transcribe Unlimited Service 18 10/15/2022 10/14/2027 A la Carte 50039 INTERVIEW - SOFTWARE - CLIENT MAINTENANCE (PER TOUCH PANEL-P 3 10/15/2022 10/14/2027
A la Carte 50043 INTERVIEW - SOFTWARE - STREAMING SERVER MAINTENANCE (PER SER 2 10/15/2022 10/14/2027
A la Carte 50045 UNLIMITED INTERVIEW ROOM CLOUD STORAGE 5 10/15/2022 10/14/2027 A la Carte 80214 FLEET EVIDENCE.COM UNLIMITED STORAGE 43 10/15/2022 08/14/2023 A la Carte 80504 INTERVIEW ROOM STANDARD EVIDENCE.COM LICENSE 5 10/15/2022 10/14/2027 A la Carte 87050 FLEET VIEW XL LICENSE 43 10/15/2022 08/14/2023 Fleet 3 Advanced Renewal 80400 FLEET, VEHICLE LICENSE 43 08/15/2023 10/14/2027 Fleet 3 Advanced Renewal 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 43 08/15/2023 10/14/2027 Fleet 3 Advanced Renewal 80402 RESPOND DEVICE LICENSE - FLEET 3 43 08/15/2023 10/14/2027 Fleet 3 Advanced Renewal 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 86 08/15/2023 10/14/2027 Services
Bundle Item Description QTY
2022 - OFFICER SAFETY PLAN 7 PLUS Premium 11642 THIRD-PARTY VIDEO SUPPORT LICENSE 87 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 79999 AUTO TAGGING / PERFORMANCE IMPLEMENTATION SERVICE 1 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 80190 Evidence.com Channel Services 1 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 80223 INACTIVE CHANNEL ACCESS LICENSE 1 2022 UNLIMITED 7+ PREMIUM BUNDLE 11642 THIRD-PARTY VIDEO SUPPORT LICENSE 18 2022 UNLIMITED 7+ PREMIUM BUNDLE 79999 AUTO TAGGING / PERFORMANCE IMPLEMENTATION SERVICE 1 2022 UNLIMITED 7+ PREMIUM BUNDLE 80190 Evidence.com Channel Services 1 2022 UNLIMITED 7+ PREMIUM BUNDLE 80223 INACTIVE CHANNEL ACCESS LICENSE 1 Fleet 3 Advanced Renewal 73392 FLEET 3 UPGRADE INSTALLATION (PER VEHICLE) 43 A la Carte 20379 VR 1-DAY SERVICE 1
A la Carte 85014 AXON 1-DAY SERVICE 1
A la Carte 85144 AXON STARTER 1
539

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Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 100197 HTC FOCUS 3 VR HEADSET - WARRANTY 4 10/15/2022 10/14/2027 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 100198 AXON VR CONTROLLER KIT - WARRANTY 2 10/15/2022 10/14/2027 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 80465 EXT WARRANTY, MULTI-BAY DOCK (TAP) 11 10/15/2022 10/14/2027 2022 UNLIMITED 7+ PREMIUM BUNDLE 100197 HTC FOCUS 3 VR HEADSET - WARRANTY 1 10/15/2022 10/14/2027 2022 UNLIMITED 7+ PREMIUM BUNDLE 100198 AXON VR CONTROLLER KIT - WARRANTY 1 10/15/2022 10/14/2027 2022 UNLIMITED 7+ PREMIUM BUNDLE 80465 EXT WARRANTY, MULTI-BAY DOCK (TAP) 3 10/15/2022 10/14/2027 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 80374 EXT WARRANTY, TASER 7 BATTERY PACK 104 09/15/2023 10/14/2027 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 80395 EXT WARRANTY, TASER 7 HANDLE 87 09/15/2023 10/14/2027 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 80395 EXT WARRANTY, TASER 7 HANDLE 2 09/15/2023 10/14/2027 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 1 09/15/2023 10/14/2027 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 80464 EXT WARRANTY, CAMERA (TAP) 87 09/15/2023 10/14/2027 2022 UNLIMITED 7+ PREMIUM BUNDLE 80464 EXT WARRANTY, CAMERA (TAP) 18 09/15/2023 10/14/2027 Body Worn Camera TAP Bundle 80464 EXT WARRANTY, CAMERA (TAP) 10 09/15/2023 10/14/2027 Fleet 3 Advanced Renewal 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 43 07/15/2024 10/14/2027 Fleet 3 Advanced Renewal 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 1 07/15/2024 10/14/2027 540

Page 7 ends

Payment Details
Sep 2022
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 2022OSP7+Premium 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 87 $188,932.16 $8,631.74 $197,563.90 Year 1 2022Unlim7+Prem 2022 UNLIMITED 7+ PREMIUM BUNDLE 18 $32,110.21 $1,157.25 $33,267.46 Year 1 20379 VR 1-DAY SERVICE 1 $0.00 $0.00 $0.00
Year 1 50039 INTERVIEW - SOFTWARE - CLIENT MAINTENANCE (PER TOUCH PANEL-P 3 $540.00 $0.00 $540.00 Year 1 50043 INTERVIEW - SOFTWARE - STREAMING SERVER MAINTENANCE (PER SER 2 $420.05 $0.00 $420.05 Year 1 50045 UNLIMITED INTERVIEW ROOM CLOUD STORAGE 5 $3,564.00 $0.00 $3,564.00 Year 1 72036 FLEET 3 STANDARD 2 CAMERA KIT 43 $0.00 $0.00 $0.00 Year 1 72036 FLEET 3 STANDARD 2 CAMERA KIT 1 $0.00 $0.00 $0.00 Year 1 80214 FLEET EVIDENCE.COM UNLIMITED STORAGE 43 $3,589.83 $332.06 $3,921.89 Year 1 80477 FLEET 3 ADVANCED RENEWAL WITH TAP TRUE UP 43 $0.00 $0.00 $0.00 Year 1 80504 INTERVIEW ROOM STANDARD EVIDENCE.COM LICENSE 5 $2,484.00 $0.00 $2,484.00 Year 1 85014 AXON 1-DAY SERVICE 1 $0.00 $0.00 $0.00
Year 1 85144 AXON STARTER 1 $0.00 $0.00 $0.00
Year 1 87050 FLEET VIEW XL LICENSE 43 $3,061.92 $0.00 $3,061.92 Year 1 AB3C AB3 Camera Bundle 85 $0.00 $0.00 $0.00
Year 1 AB3C AB3 Camera Bundle 10 $0.00 $0.00 $0.00
Year 1 AB3C AB3 Camera Bundle 18 $0.00 $0.00 $0.00
Year 1 AB3MBD AB3 Multi Bay Dock Bundle 14 $0.00 $0.00 $0.00 Year 1 BWCamTAP Body Worn Camera TAP Bundle 10 $0.00 $0.00 $0.00 Year 1 Fleet3ARe Fleet 3 Advanced Renewal 43 $78,131.65 $2,002.22 $80,133.87 Total $312,833.82 $12,123.27 $324,957.09
Sep 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 2022OSP7+Premium 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 87 $249,302.11 $11,389.83 $260,691.94 Year 2 2022Unlim7+Prem 2022 UNLIMITED 7+ PREMIUM BUNDLE 18 $42,370.65 $1,527.00 $43,897.65 Year 2 20379 VR 1-DAY SERVICE 1 $0.00 $0.00 $0.00
Year 2 50039 INTERVIEW - SOFTWARE - CLIENT MAINTENANCE (PER TOUCH PANEL-P 3 $990.00 $0.00 $990.00 Year 2 50043 INTERVIEW - SOFTWARE - STREAMING SERVER MAINTENANCE (PER SER 2 $770.09 $0.00 $770.09 Year 2 50045 UNLIMITED INTERVIEW ROOM CLOUD STORAGE 5 $6,534.00 $0.00 $6,534.00 Year 2 72036 FLEET 3 STANDARD 2 CAMERA KIT 43 $0.00 $0.00 $0.00 Year 2 72036 FLEET 3 STANDARD 2 CAMERA KIT 1 $0.00 $0.00 $0.00 Year 2 80214 FLEET EVIDENCE.COM UNLIMITED STORAGE 43 $2,757.54 $255.07 $3,012.61 Year 2 80477 FLEET 3 ADVANCED RENEWAL WITH TAP TRUE UP 43 $0.00 $0.00 $0.00 Year 2 80504 INTERVIEW ROOM STANDARD EVIDENCE.COM LICENSE 5 $4,554.00 $0.00 $4,554.00 Year 2 85014 AXON 1-DAY SERVICE 1 $0.00 $0.00 $0.00
Year 2 85144 AXON STARTER 1 $0.00 $0.00 $0.00
Year 2 87050 FLEET VIEW XL LICENSE 43 $2,352.02 $0.00 $2,352.02 Year 2 AB3C AB3 Camera Bundle 85 $0.00 $0.00 $0.00
Year 2 AB3C AB3 Camera Bundle 10 $0.00 $0.00 $0.00
Year 2 AB3C AB3 Camera Bundle 18 $0.00 $0.00 $0.00
Year 2 AB3MBD AB3 Multi Bay Dock Bundle 14 $0.00 $0.00 $0.00 541

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Sep 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 BWCamTAP Body Worn Camera TAP Bundle 10 $0.00 $0.00 $0.00 Year 2 Fleet3ARe Fleet 3 Advanced Renewal 43 $60,017.09 $1,538.01 $61,555.10 Total $369,647.50 $14,709.91 $384,357.41
Sep 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 2022OSP7+Premium 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 87 $249,302.11 $11,389.83 $260,691.94 Year 3 2022Unlim7+Prem 2022 UNLIMITED 7+ PREMIUM BUNDLE 18 $42,370.65 $1,527.00 $43,897.65 Year 3 20379 VR 1-DAY SERVICE 1 $0.00 $0.00 $0.00
Year 3 50039 INTERVIEW - SOFTWARE - CLIENT MAINTENANCE (PER TOUCH PANEL-P 3 $990.00 $0.00 $990.00 Year 3 50043 INTERVIEW - SOFTWARE - STREAMING SERVER MAINTENANCE (PER SER 2 $770.09 $0.00 $770.09 Year 3 50045 UNLIMITED INTERVIEW ROOM CLOUD STORAGE 5 $6,534.00 $0.00 $6,534.00 Year 3 72036 FLEET 3 STANDARD 2 CAMERA KIT 43 $0.00 $0.00 $0.00 Year 3 72036 FLEET 3 STANDARD 2 CAMERA KIT 1 $0.00 $0.00 $0.00 Year 3 80214 FLEET EVIDENCE.COM UNLIMITED STORAGE 43 $2,757.54 $255.07 $3,012.61 Year 3 80477 FLEET 3 ADVANCED RENEWAL WITH TAP TRUE UP 43 $0.00 $0.00 $0.00 Year 3 80504 INTERVIEW ROOM STANDARD EVIDENCE.COM LICENSE 5 $4,554.00 $0.00 $4,554.00 Year 3 85014 AXON 1-DAY SERVICE 1 $0.00 $0.00 $0.00
Year 3 85144 AXON STARTER 1 $0.00 $0.00 $0.00
Year 3 87050 FLEET VIEW XL LICENSE 43 $2,352.02 $0.00 $2,352.02 Year 3 AB3C AB3 Camera Bundle 85 $0.00 $0.00 $0.00
Year 3 AB3C AB3 Camera Bundle 10 $0.00 $0.00 $0.00
Year 3 AB3C AB3 Camera Bundle 18 $0.00 $0.00 $0.00
Year 3 AB3MBD AB3 Multi Bay Dock Bundle 14 $0.00 $0.00 $0.00 Year 3 BWCamTAP Body Worn Camera TAP Bundle 10 $0.00 $0.00 $0.00 Year 3 Fleet3ARe Fleet 3 Advanced Renewal 43 $60,017.09 $1,538.01 $61,555.10 Total $369,647.50 $14,709.91 $384,357.41
Sep 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 2022OSP7+Premium 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 87 $249,302.11 $11,389.83 $260,691.94 Year 4 2022Unlim7+Prem 2022 UNLIMITED 7+ PREMIUM BUNDLE 18 $42,370.65 $1,527.00 $43,897.65 Year 4 20379 VR 1-DAY SERVICE 1 $0.00 $0.00 $0.00
Year 4 50039 INTERVIEW - SOFTWARE - CLIENT MAINTENANCE (PER TOUCH PANEL-P 3 $990.00 $0.00 $990.00 Year 4 50043 INTERVIEW - SOFTWARE - STREAMING SERVER MAINTENANCE (PER SER 2 $770.09 $0.00 $770.09 Year 4 50045 UNLIMITED INTERVIEW ROOM CLOUD STORAGE 5 $6,534.00 $0.00 $6,534.00 Year 4 72036 FLEET 3 STANDARD 2 CAMERA KIT 43 $0.00 $0.00 $0.00 Year 4 72036 FLEET 3 STANDARD 2 CAMERA KIT 1 $0.00 $0.00 $0.00 Year 4 80214 FLEET EVIDENCE.COM UNLIMITED STORAGE 43 $2,757.54 $255.07 $3,012.61 Year 4 80477 FLEET 3 ADVANCED RENEWAL WITH TAP TRUE UP 43 $0.00 $0.00 $0.00 Year 4 80504 INTERVIEW ROOM STANDARD EVIDENCE.COM LICENSE 5 $4,554.00 $0.00 $4,554.00 Year 4 85014 AXON 1-DAY SERVICE 1 $0.00 $0.00 $0.00
Year 4 85144 AXON STARTER 1 $0.00 $0.00 $0.00
Year 4 87050 FLEET VIEW XL LICENSE 43 $2,352.02 $0.00 $2,352.02 Year 4 AB3C AB3 Camera Bundle 85 $0.00 $0.00 $0.00
542

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Sep 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 AB3C AB3 Camera Bundle 10 $0.00 $0.00 $0.00
Year 4 AB3C AB3 Camera Bundle 18 $0.00 $0.00 $0.00
Year 4 AB3MBD AB3 Multi Bay Dock Bundle 14 $0.00 $0.00 $0.00 Year 4 BWCamTAP Body Worn Camera TAP Bundle 10 $0.00 $0.00 $0.00 Year 4 Fleet3ARe Fleet 3 Advanced Renewal 43 $60,017.09 $1,538.01 $61,555.10 Total $369,647.50 $14,709.91 $384,357.41
Sep 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 2022OSP7+Premium 2022 - OFFICER SAFETY PLAN 7 PLUS Premium 87 $249,302.11 $11,389.83 $260,691.94 Year 5 2022Unlim7+Prem 2022 UNLIMITED 7+ PREMIUM BUNDLE 18 $42,370.64 $1,527.00 $43,897.64 Year 5 20379 VR 1-DAY SERVICE 1 $0.00 $0.00 $0.00
Year 5 50039 INTERVIEW - SOFTWARE - CLIENT MAINTENANCE (PER TOUCH PANEL-P 3 $990.00 $0.00 $990.00 Year 5 50043 INTERVIEW - SOFTWARE - STREAMING SERVER MAINTENANCE (PER SER 2 $770.08 $0.00 $770.08 Year 5 50045 UNLIMITED INTERVIEW ROOM CLOUD STORAGE 5 $6,534.00 $0.00 $6,534.00 Year 5 72036 FLEET 3 STANDARD 2 CAMERA KIT 43 $0.00 $0.00 $0.00 Year 5 72036 FLEET 3 STANDARD 2 CAMERA KIT 1 $0.00 $0.00 $0.00 Year 5 80214 FLEET EVIDENCE.COM UNLIMITED STORAGE 43 $2,757.55 $255.07 $3,012.62 Year 5 80477 FLEET 3 ADVANCED RENEWAL WITH TAP TRUE UP 43 $0.00 $0.00 $0.00 Year 5 80504 INTERVIEW ROOM STANDARD EVIDENCE.COM LICENSE 5 $4,554.00 $0.00 $4,554.00 Year 5 85014 AXON 1-DAY SERVICE 1 $0.00 $0.00 $0.00
Year 5 85144 AXON STARTER 1 $0.00 $0.00 $0.00
Year 5 87050 FLEET VIEW XL LICENSE 43 $2,352.02 $0.00 $2,352.02 Year 5 AB3C AB3 Camera Bundle 85 $0.00 $0.00 $0.00
Year 5 AB3C AB3 Camera Bundle 10 $0.00 $0.00 $0.00
Year 5 AB3C AB3 Camera Bundle 18 $0.00 $0.00 $0.00
Year 5 AB3MBD AB3 Multi Bay Dock Bundle 14 $0.00 $0.00 $0.00 Year 5 BWCamTAP Body Worn Camera TAP Bundle 10 $0.00 $0.00 $0.00 Year 5 Fleet3ARe Fleet 3 Advanced Renewal 43 $60,017.08 $1,538.01 $61,555.09 Total $369,647.48 $14,709.91 $384,357.39

543

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Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. 544

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\s1\ \d1\
Signature Date Signed
8/24/2022
545

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ATTENTION
This order may qualify for freight shipping, please fill out the following information.

Who is the receiving contact and what is the contact phone number for this shipment?
What are the receiving hours of operation?
Is a loading dock available for this incoming shipment? If yes, are you able to unload pallets from the trailer or will the driver need to assist with unload?
Do you have a forklift and/or pallet jack to transport pallets into your facility?
Are there any delivery restrictions (no 53' trailers, no box trucks, etc.)?

546
1 FLEET STATEMENT OF WORK BETWEEN AXON ENTERPRISE AND AGENCY Introduction
This Statement of Work (“SOW”) has been made and entered into by and between Axon Enterprise, Inc. (“AXON”), and Pittsburg Police Dept - CA the (“AGENCY”) for the purchase of the Axon Fleet in-car video solution (“FLEET”) and its supporting information, services and training. (AXON Technical Project Manager/The AXON installer)
Purpose and Intent
AGENCY states, and AXON understands and agrees, that Agency’s purpose and intent for entering into this SOW is for the AGENCY to obtain from AXON deliverables, which used solely in conjunction with AGENCY’s existing systems and equipment, which AGENCY specifically agrees to purchase or provide pursuant to the terms of this SOW.

This SOW contains the entire agreement between the parties. There are no promises, agreements, conditions, inducements, warranties or understandings, written or oral, expressed or implied, between the parties, other than as set forth or referenced in the SOW.

Acceptance
Upon completion of the services outlined in this SOW, AGENCY will be provided a professional services acceptance form (“Acceptance Form”). AGENCY will sign the Acceptance Form acknowledging that services have been completed in substantial conformance with this SOW and the Agreement. If AGENCY reasonably believes AXON did not complete the professional services in conformance with this SOW, AGENCY must notify AXON in writing of the specific reasons within seven (7) calendar days from delivery of the Acceptance Form. AXON will remedy the issues to conform with this SOW and re-present the Acceptance Form for signature. If AXON does not receive the signed Acceptance Form or written notification of the reasons for rejection within 7 calendar days of the delivery of the Acceptance Form, AGENCY will be deemed to have accepted the services in accordance to this SOW.

Force Majeure
547
2 Neither party hereto shall be liable for delays or failure to perform with respect to this SOW due to causes beyond the party’s reasonable control and not avoidable by diligence.

Schedule Change
Each party shall notify the other as soon as possible regarding any changes to agreed upon dates and times of Axon Fleet in-car Solution installation to be performed pursuant of this Statement of Work.

Axon Fleet Deliverables
Typically, within (30) days of receiving this fully executed SOW, an AXON Technical Project Manager will deliver to AGENCY’s primary point of contact via electronic media, controlled documentation, guides, instructions and videos followed by available dates for the initial project review and customer readiness validation. Unless otherwise agreed upon by AXON, AGENCY may print and reproduce said documents for use by its employees only.

Security Clearance and Access
Upon AGENCY’s request, AXON will provide the AGENCY a list of AXON employees, agents, installers or representatives which require access to the AGENCY’s facilities in order to perform Work pursuant of this Statement of Work. AXON will ensure that each employee, agent or representative has been informed or and consented to a criminal background investigation by AGENCY for the purposes of being allowed access to AGENCY‘s facilities. AGENCY is responsible for providing AXON with all required instructions and documentation accompanying the security background check’s requirements.

Training
AXON will provide training applicable to Axon Evidence, Cradlepoint NetCloud Manager and Axon Fleet application in a train-the-trainer style method unless otherwise agreed upon between the AGENCY and AXON.

Local Computer
548
3 AGNECY is responsible for providing a mobile data computer (MDC) with the same software, hardware, and configuration that AGENCY personnel will use with the AXON system being installed. AGENCY is responsible for making certain that any and all security settings (port openings, firewall settings, antivirus software, virtual private network, routing, etc.) are made prior to the installation, configuration and testing of the aforementioned deliverables.

Network
AGENCY is responsible for making certain that any and all network(s) route traffic to appropriate endpoints and AXON is not liable for network breach, data interception, or loss of data due to misconfigured firewall settings or virus infection, except to the extent that such virus or infection is caused, in whole or in part, by defects in the deliverables.

Cradlepoint Router
When applicable, AGENCY must provide AXON Installers with temporary administrative access to Cradlepoint’s NetCloud Manager to the extent necessary to perform Work pursuant of this Statement of Work.

Evidence.com
AGENCY must provide AXON Installers with temporary administrative access to Axon Evidence.com to the extent necessary to perform Work pursuant of this SOW.

Wireless Upload System
If purchased by the AGENCY, on such dates and times mutually agreed upon by the parties, AXON will install and configure into AGENCY’s existing network a wireless network infrastructure as identified in the AGENCY’s binding quote based on conditions of the sale.

VEHICLE INSTALLATION
Preparedness
549
4 On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer less weapons and items of evidence.

Vehicle(s) will be deemed ‘out of service’ to the extent necessary to perform Work pursuant of this SOW.

Existing Mobile Video Camera System Removal
On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer which will remove from said vehicles all components of the existing mobile video camera system unless otherwise agreed upon by the AGENCY.

Major components will be salvaged by the AXON Installer for auction by the AGENCY. Wires and cables are not considered expendable and will not be salvaged. Salvaged components will be placed in a designated area by the AGENCY within close proximity of the vehicle in an accessible work space.

Prior to removing the existing mobile video camera systems, it is both the responsibility of the AGENCY and the AXON Installer to test the vehicle’s systems’ operation to identify and operate, documenting any existing component or system failures and in detail, identify which components of the existing mobile video camera system will be removed by the AXON Installer.

In-Car Hardware/Software Delivery and Installation
On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer, who will install and configure in each vehicle in accordance with the specifications detailed in the system’s installation manual and its relevant addendum(s). Applicable in-car hardware will be installed and configured as defined and validated by the AGENCY during the pre-deployment discovery process.

If a specified vehicle is unavailable on the date and time agreed upon by the parties, AGENCY will provide a similar vehicle for the installation process. Delays due to a vehicle, or substitute vehicle, not being available at agreed upon dates and times may results in additional fees to the AGENCY. If the AXON Installer determines that a vehicle is not properly prepared for installation (“Not Fleet Ready”), such as a battery not being properly charged or properly up-fit for in-service, field operations, the issue shall be reported immediately to the AGENCY for resolution and a date and time for the future installation shall be agreed upon by the parties.
550
5 Upon completion of installation and configuration, AXON will systematically test all installed and configured in-car hardware and software to ensure that ALL functions of the hardware and software are fully operational and that any deficiencies are corrected unless otherwise agreed upon by the AGENCY, installation, configuration, test and the correct of any deficiencies will be completed in each vehicle accepted for installation.

Prior to installing the Axon Fleet camera systems, it is both the responsibility of the AGENCY and the AXON Installer to test the vehicle’s existing systems’ operation to identify, document any existing component or vehicle systems’ failures. Prior to any vehicle up-fitting the AXON Installer will introduce the system’s components, basic functions, integrations and systems overview along with reference to AXON approved, AGENCY manuals, guides, portals and videos. It is both the responsibility of the AGENCY and the AXON Installer to agree on placement of each components, the antenna(s), integration recording trigger sources and customer preferred power, ground and ignition sources prior to permanent or temporary installation of an Axon Fleet camera solution in each vehicle type.

Agreed placement will be documented by the AXON Installer.

AXON welcomes up to 5 persons per system operation training session per day, and unless otherwise agreed upon by the AGENCY, the first vehicle will be used for an installation training demonstration. The second vehicle will be used for an assisted installation training demonstration. The installation training session is customary to any AXON Fleet installation service regardless of who performs the continued Axon Fleet system installations. 551
6 The customary training session does not ‘certify’ a non-AXON Installer, customer-employed Installer or customer 3rd party Installer, since the AXON Fleet products does not offer an Installer certification program. Any work performed by non-AXON Installer, customer-employed Installer or customer 3rd party Installer is not warrantied by AXON, and AXON is not liable for any damage to the vehicle and its existing systems and AXON Fleet hardware. 552

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing Negotiation and Execution of Agreement with Motorola Solutions to Replace Police Radio System to Meet California Department of Justice Requirements MEETING DATE: September 19, 2022

EXECUTIVE SUMMARY
The Police Department is required to meet the California Department of Justice Security Policy and the FBI Criminal Justice Information Services Security Policy to ensure the confidentiality of information from the California Law Enforcement Telecommunications System (CLETS). Compliance will require the Police Department to upgrade all radio systems to include encryption of all radio traffic. All current radio equipment is at the end of its useful life and is no longer supported or serviced by Motorola. Encrypting the current equipment would not be prudent as current equipment will go out of service in 2023. If approved, the resolution will authorize the purchase of upgrading and encrypting all radio communication equipment.

FISCAL IMPACT
This Resolution approving the seven-year contract with Motorola Solutions shall not exceed $1,501,631. The Police Department’s General Fund Budget (Fund 110) will include annual payments of $247,579.75 commencing FY 2023/24 and concluding FY 2029/30. This cost will include the equipment replacement and the encryption. Motorola Solutions, Inc. is the only provider which can supply the encryption for the Motorola System as the engineering is proprietary and Motorola is the Sole Source Provider.

RECOMMENDATION
Staff recommends City Council approval of the attached Resolution authorizing negotiation and execution of an Agreement with Motorola Solutions and the appropriation of funds in the amount of $1,501,631 to Motorola Solutions, Inc. to supply equipment and the encryption of all Police Department Motorola Radios to meet the security requirements and bring the police radio system into compliance with the FBI Criminal Justice Information Services Security Policy as well as modernize all communications equipment. 553

BACKGROUND
The East Bay Regional Communications System Authority (EBRCSA) was officially created on September 11, 2007 with the formation of a Joint Powers Authority (JPA). Currently, there are 43 member agencies consisting of both Contra Costa and Alameda counties, 30 cities, 6 special districts, 3 Colleges, Dublin-San Ramon Services District and the California Department of Transportation serving a population of over 2.5 million people.

As of December 2010, the Pittsburg Police Department entered into the project operating agreement with the East Bay Regional Communication Systems Authority. All radio communication for the Pittsburg Police Department is transmitted through this system.

The California Department of Justice now requires law enforcement agencies to provide confidentiality of information transmitted over the radio system with digital encryption. The department is currently working with EBRCS to meet these requirements through the sole source vendor of Motorola Solutions, Inc. In June of 2022, to meet these requirements, Council authorized the amount of $155,851.68 to encrypt our current radio communications system.

The current radio communications equipment is twelve years old. This current equipment will be out of service in 2023; Motorola will no longer service or manufacture parts as the model is antiquated. Instead of encrypting the current antiquated equipment, this resolution would authorize the purchase of upgraded and modernized radio equipment and the encryption from Motorola Solutions, Inc. in the amount of $1,501,631 through a seven year municipal lease purchase. The first payment of $247,579.75 from the FY 2023-2024 general fund budget will be made in September 2023 and six additional payments will be made annually over the next six annual budget cycles. The updated radio equipment will allow the department to meet and exceed the encryption requirements for all police radio communication within the EBRCS communication network.

SUBCOMMITTEE FINDINGS
This item has been presented to and supported by the Public Safety Subcommittee on September 6, 2022.

STAFF ANALYSIS
The Pittsburg Police Department recommends adoption of the Resolution authorizing negotiation and execution of an Agreement with Motorola Solutions to replace all communications equipment and meet the California Department of Justice and FBI Criminal Justice Information Services Security Policy.

Report Prepared By: Steve Albanese, Chief of Police
ATTACHMENTS: Resolution
554

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the matter of:

Adoption of a City Council Resolution Authorizing )
Negotiation and Execution of Agreement with )
Motorola Solutions to Replace Police Radio )
System to Meet California Department of )
Justice Requirements ) RESOLUTION NO. 22-
WHEREAS, the Police Department is included in the East Bay Regional Communications Systems Authority (EBRCSA) since its formation in 2007; and WHEREAS, the Pittsburg Police Department is required to upgrade all radio systems to include encryption of all radio traffic pursuant to the California Department of Justice and FBI Criminal Justice Information Services Security Policy; and WHEREAS, all current radio equipment currently being utilized by the Pittsburg Police Department is at the end of its useful life and is no longer supported by its manufacturer; and
WHEREAS, Motorola Solutions is the only provider which can supply the encryption for the Motorola system utilized by the Police Department.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to negotiate and execute an Agreement with Motorola Solutions to meet the encryption standards in compliance with the California Department of Justice Security Policy and the FBI Criminal Justice Information Services Security Policy, and replace all current communications equipment and authorizes the appropriation of funds in the amount of $1,501,631 which will be dispersed in annual payments of $247,579.75 commencing FY 2023/24 and concluding FY 2029/30.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 19TH day of September 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Holland Barrett White, Mayor
ATTEST:

Alice E. Evenson, City Clerk
555

Pittsburg City CouncilSeptember 19, 2022

Pittsburg City Council
September 19, 2022