Exhibit 3 - Mark43 Proposed Second Amendment to Agreement (RFD).pdf — Richmond City Council, September 12, 2023

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

P.R. No: Vendor No: P.O./Contract No:

Description of Services:

Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)

Term, Payment Limit and Service Plan
Payment Limit and Service Plan

Term and Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:

1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (City), and the following named Contractor:

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]
[ ] other [specify:]

2. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.

3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.

Contract Amendment/EJ/TE 09-26-07

4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.

5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.

6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.

7. Signatures. These signatures attest the parties’ agreement hereto:

CITY OF RICHMOND, CALIFORNIA
a municipal corporation

By _______________________

Title:

I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.

By _______________________
City Clerk

Approved as to form:

By_______________________
City Attorney

List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates

CONTRACTOR:

______________________________

(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)

By____________________________

Title:________________________

(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)

By:___________________________

Title:________________________

(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President
and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.

Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:

"2. Term. The effective date of this Contract is

____________________________________________________________ (Insert original contract commencement date)

and it terminates

___________________________________________________.
(Insert new contract termination date)

unless sooner terminated as provided herein."

2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:

"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ including expenses."

“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”

3. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:

Contract Amendment/EJ/TE 9-26-07

QUOTE - 1/12/2023RICHMOND FIRE DEPARTMENT

FEE SUMMARY AND PAYMENT SCHEDULE
Subscriber Name Richmond Fire Department Quote Date 1/12/2023Subscriber Address 1701 Regatta Blvd.Richmond, CA 94804 Quote Expiration 4/12/2023Payment Terms Net 30Effective Date ofContract (Term Start) TBD Mark43 AccountExecutive
Mistiza Colebank
Term Length 5 years Email [email protected]

FEE SUMMARY
Mark43 Cost
Recurring Subscription $39,000.00
One-Time Fees $71,800.00
Total over 5 Contract Years $227,800.00
Payment Schedule - Initial Term - Mark43 Cost QuoteYear Due Date Base1 Year 1 Payment, due per the following schedule: $71,800.00Effective Date $35,900.00Application Setup $17,950.00Cutover/Go-Live $17,950.002 Year 2 Payment, due on Effective Date anniversary $39,000.003 Year 3 Payment, due on Effective Date anniversary $39,000.004 Year 4 Payment, due on Effective Date anniversary $39,000.005 Year 5 Payment, due on Effective Date anniversary $39,000.00 Total over 5 Contract Years $227,800.00This is an indicative quote based on current Mark43 assumptions about the scope and complexity of the project. Thissales quote does not include any applicable sales tax. This sales quote does not include potential hardware that maybe required for the implementation of the solution. This quote does not include potential fees charged by resellers.Mark43 reserves the right to modify the quote for any reason. This quote is not a binding order. Orders for Mark43’sSubscription Services, Software and Professional Services must be placed pursuant to a separate contract document inthe form provided by or otherwise acceptable to Mark43. Forms will not be valid unless signed by Subscriber andMark43 and orders are not effective unless the customer has signed a Software License and Subscription Agreementwith Mark43 or an authorized Mark43 reseller (the “Subscription Agreement”). Certain orders for Professional Servicesalso require a Statement of Work, unless such requirement is waived in writing by Mark43.

MARK43 PROPRIETARY & CONFIDENTIAL INFORMATION
2 QUOTE - 1/12/2023RICHMOND FIRE DEPARTMENT

DETAILED PRICING BREAKDOWN
DETAILED BREAKDOWN - RECURRING FEESANNUAL RECURRING MARK43 PRODUCT SUBSCRIPTIONProduct Module QTY(if applicable) PRICE PER LIST PRICE PER OFFERUNIT TOTAL UNIT TOTALPLATFORM ENHANCEMENTSANA 1: Analytics BI SuiteViewer not to exceed 10license(s)
$120.00 $1,200.00 $120.00 $1,200.00
COMPUTER AIDED DISPATCH (CAD)CAD 3: Fire First Respondernot to exceed 90responders $600.00 $54,000.00 $420.00 $37,800.00
SUBTOTAL - MARK43 PRODUCT SUBSCRIPTION $55,200.00 n/a $39,000.00RECURRING SUPPORT & MAINTENANCESUPPORT & MAINTENANCE - SUBSCRIPTION included in subscriptionSUPPORT & MAINTENANCE - INTERFACES included in subscriptionTOTAL PRICE PER LISTTOTAL PRICE PER OFFERRECURRING TOTAL $55,200.00 $39,000.00 DETAILED BREAKDOWN - ONE-TIME FEESFIRST YEAR MARK43 IMPLEMENTATION TENANT QTY PRICE PER LISTBASE OFFERImplementation Tenant(s) 1 $55,200.00 $39,000.00SUBTOTAL - IMPLEMENTATION TENANT $55,200.00 $39,000.00ONE - TIME MARK43 PROFESSIONAL SERVICES QTY PRICE PER LISTBASE OFFERIMPLEMENTATION (IMP)Implementation n/a $5,300.00 $5,300.00INTERFACE DEVELOPMENT Pre-Launch Interfaces 1 interfaces $15,000.00 $15,000.00 TRAINING (TRN)Estimated On-Site Training 1 unit(s) $12,500.00 $12,500.00SUBTOTAL - MARK43 PROFESSIONAL SERVICES $32,800.00 $32,800.00 ONE TIME TOTAL $88,000.00 $71,800.00
MARK43 PROPRIETARY & CONFIDENTIAL INFORMATION
3 QUOTE - 1/12/2023RICHMOND FIRE DEPARTMENT
ASSUMPTIONSThis section outlines the relevant assumptions and considerations that were the basis forthe offered quotes. ● This quote assumes the speciﬁc product and services scope listed in Section 4● This quote assumes Richmond Fire Department will accept Mark43 standard terms andconditions.● This quote assumes Richmond Fire Department will be responsible for purchasing andmaintaining hardware required to operate Mark43 or partner products.● This quote assumes an effective date of January 1, 2023 with a contract expiration dateof June 30, 2027.● This quote assumes implementation not to exceed 5 weeks. Should the Richmond FireDepartment require additional hours to complete implementation, an additional costquote will be provided.● Integrations Included: This quote assumes the following integrations at the following levels:

Interface Development (INT) Detailed Breakdown
Interface Name Direction
Tablet Command One Way from M43

OPTIONAL - (RECURRING FEES)
ANNUAL RECURRING MARK43 PRODUCT SUBSCRIPTION
Product Module QTY(if applicable)

PRICE PER LIST PRICE PER OFFER

UNIT TOTAL UNIT TOTAL

PLATFORM ENHANCEMENTS
MOB 1: On-Scene MobileField Collection App
not to exceed 90sworn
$480.00 $43,200.00 $336.00 $30,240.00

OPTIONAL PRODUCTS AND SERVICESPRODUCT DESCRIPTION
Mark43 OnScene App -
Available on Android Q4 andiOS Q1/Q2 2023
● Context driven app that provides the tools and information to respondsafely and effectively○ Heightened situational awareness○ Context driven, ﬁrst responder focused workﬂows○ Accept, view, and initiate assignments○ Update your status○ View events, units, and mobile GPS location on the map MARK43 PROPRIETARY & CONFIDENTIAL INFORMATION
4 Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (AMENDMENT HISTORY)

The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):