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HomeMy WebLinkAboutItem 20 - Agreement for Main Library Renovation Project and Outdoor Library at Jerome ParkLibrary www.santa-ana.org/library Item # 20 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 20, 2024 TOPIC: Main Library Renovation Project and Outdoor Library at Jerome Park AGENDA TITLE Agreement with Siemens Industry, Inc. for the Main Library and Outdoor Library at Jerome Park Projects (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Siemens Industry, Inc. for equipment, licenses, construction oversight of security camera installation, and integration into the City network for the Main Library Renovation and Outdoor Library at Jerome Park projects, in the amount of $64,200, with a 10% contingency, for a total not to exceed amount of $70,620, for a term expiring December 31, 2026, with a provision for a one-year extension (Agreement No. A- 2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION Ensuring safe, equitable, and accessible facilities is an important part of providing Library Services to the community. Therefore, included in the scope of work for the Main Library Transformation and Outdoor Library at Jerome Park projects, contractors will procure and install security camera systems. While the contractors will handle the installation of the cameras, Siemens, as the City's primary security systems vendor, will be required to configure the camera system to ensure continuity and proper integration with the City's existing security platform. Siemens will provide the Library with both an on -site server and uninterruptible power supply that will integrate with the City's current camera system and allow continuous recording of the Main Library's 28 cameras and the Outdoor Library's single camera. Siemens will also provide Milestone device licenses for the cameras that will integrate into the City's current system. Further, Siemens will assist with construction oversight of the camera installations as needed to ensure the new security systems are installed to the City's specifications and standards. The Santa Ana Police Department currently has a master agreement with Siemens for on -going, citywide video surveillance system maintenance, repair, and installation Main Library Renovation August 20, 2024 Page 2 Project and Outdoor Library at Jerome Park services through Request for Proposal (RFP) No. 20-053. Siemens has provided security camera system services to the City since 2013. Santa Ana City Municipal Code Section 2-807 authorizes the City to award agreements following a competitive bidding process by other public agencies meeting the City's requirements. RFP No. 20-053 meets this requirement. Construction of the Main Library Transformation Project and Outdoor Library at Jerome Park are anticipated to be completed in March 2026 and March 2025, respectively. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are budgeted and available in the following account and will be presented to City Council for approval of carryforward to FY 2024-25 as part of the citywide carry -forward process. Additional proposed carry-overs of unspent funds to future fiscal years will be presented to the City Council for approval as needed. The following table summarizes the funds budgeted for expenditure for the agreement: Fiscal Accounting Unit Fund Accounting Unit, Account Year - Account No. Description No. Description Amount (Project No.) EXISTING BUDGET TO CARRYFORWARD TO FY 24-25 01111017- Library Service 2024-25 66200 General Fund Enhancement, Buildings $70,620 & BuildingImprovements TOTAL $70,620 EXHIBIT(S) 1. Agreement 2. Outdoor Library at Jerome Park Rendering Submitted By: Brian Sternberg, Executive Director of Library Services Approved By: Alvaro Nunez, City Manager AGREEMENT BETWEEN THE CITY OF SANTA ANA AND SIEMENS INDUSTRY, INC. TO PROVIDE SECURITY CAMERA INSTALLATION AND INTEGRATION FOR MAIN LIBRARY AND JEROME PARK THIS AGREEMENT is made and entered into this 20th day of August, 2024 by and between Siemens Industry, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of security camera installation and integration for security camera projects at the Main Library and Jerome Park outdoor library. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Consultant's Proposal, attached hereto as Exhibit A and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit A. The total sum to be expended under the term of this Agreement shall not exceed $70,620. This sum is compromised of a base fee of $64,200.32 and (2) a contingency amount of $6,420 for additional services at the City's sole discretion. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2026, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one, one-year extension upon a writing executed by the City Manager 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall procure and maintain and shall require any subcontractors to maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with the services, products and materials supplied to City. Total cost of such insurance shall 2 be borne by Consultant. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: Insurance Services Office Form Number CA 00 01 covering Code 1 (any auto), with combined single limits no less than $1,000,000. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. 4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Consultant's Insurance company(ies) agree to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant for City. 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written shall be provided to City for policy cancellation or non -renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Maria Castro, 26 Civic Center Plaza, Santa Ana, CA 92701. The name and location of project should be included in the Description of Operations section of each certificate. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. M 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided 5 in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Library Services Director Library Services Agency City of Santa Ana 26 Civic Center Plaza Santa Ana, CA 92702 To Consultant: Siemens Industry, Inc. Attn: Benjamin Peeples 6141 Katella Avenue Cypress, CA 90630 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior 2 written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and 7 required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [Signatures on the following page] IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: -/-� z /) AJ, f� K-yfe Nellesen Assistant City Attorney RECOMMENDED FOR APPROVAL B,ian S:y 31, 202412:30 PDT) Brian Sternberg Library Services Director Library Services Agency CITY OF SANTA ANA Alvaro Nunez Acting City Manager SIEMENS INDUSTRY INC. M Aar Benjam n Peeples (Ju131, j02414:43 PDT) Benjamin Peeples Branch General Manager 9 EXHIBIT A - PROPOSAL PROPOSAL Main Library/Jerome Park Integration + Construction Oversite PREPARED BY Siemens �MsArAin,8 " . WN't S PREPAR R • CITY OFS ,ra nsform i n the Everyda3 DELIVERED ON June 27, 2024 v+s •rwt 10 j7M Contact Information Sales Executive: Branch Address: Telephone: Email Address: Customer Contact: Customer: Address: Services shall be provided at Proposal # Date Hannah Canales 6141 Katella Avenue Cypress, CA 90630 (657) 413-8648 hannah.canales@siemens.com Eduardo Linares CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA CA 92701 Main Library+Jerome Park SIEMENS 8938263 June 27, 2024 Page 2 of 12 SIEMENS Scope of Work Siemens has been asked by City of Santa Ana to provide an onsite server for the Main Library and Jerome Park (Library Extension). Siemens will provide installation and integration into City network. Server Installation SOW: • Recording requirements include 15fps continuous recording up to the servers maximum capacity of 200TB. • Onsite UPS has been included as instructed by CoSA IT Team. • Siemens technician will be onsite for approximately (1) day. If additional time is needed, a change order will follow. Milestone Device Licenses: • Siemens to provide Milestone Device Licenses for (28) Cameras. • Includes Jerome Park (1) Camera. Construction Oversite SOW: Siemens technician to provide oversite of contractor camera installation not to exceed 5 business days. Page 3 of 12 SIEMENS Pricing Breakout Top Level Costs Sell Price Technology Fee $642.00 Programming Labor $3,254.22 Tax $1,513.97 Total $5,410.19 Server Sell Price Equipment $34,803.90 Labor $2,393.11 Total $37,197.01 Material Qty ID Description Unit Sell Ext Sell 1 R9999 HPE DL380 Gen11 12LFF Server $30,479.77 $30,479.77 1 R9999 UPS $4,324.14 $4,324.14 Page 4 of 12 Milestone Camera Licenses Library + Jerome Milestone Licenses (28 Total) 1 YR Care Plus Total SIEMENS Sell Price E $10,992.41 $1,797.26 $12,789.67 Page 5 of 12 Pricing Summary Pricing Summary Equipment Labor Technology Fee Programming Labor Subcontractor Fee Library+Jerome Milestone Licenses (28 Total) 1 YR Care Plus Travel Tax Total Quote Price This price is firm for 30 days from the date of this proposal. SIEMENS Sell Price $34,803.90 $11,196.56 $642.00 $3,254.22 $0.00 $10,992.41 $1,797.26 $0.00 $1,513.97 $64,200.32 Page 7 of 12 SIEMENS Clarifications & Exclusions Clarifications: • Pricing includes standard ground shipping. • Customer to provide IT Support for devices utilizing customer's private network (IP addresses, subnet and gateway, and rack space). • Work is assumed to be completed during normal business hours Monday — Friday 70m-4pm. • If additional Construction Oversite is exceeded, a change order will follow. Exclusions: • Construction permits to be excluded. • Costs associated with schedule acceleration, project meetings, multiple trips onsite due to incompletion of others, or multiple unplanned phases are excluded. • Engineer drawings are excluded. • Performance or Payment bonds are excluded. • Patching and Painting is excluded from Siemens scope. • Network rack to be excluded from this scope of work. • Siemens assumes 120VAC at required locations (server, monitor, switch, etc.) and is excluded from Siemens scope. • Overtime. Page 8 of 12 SIEMENS Payment Terms Payment Terms Acceptance Agreement The total price of: $64,200.32 and the estimated return on investment are based on the items outlined in this proposal. ANY STATEMENTS MADE HEREIN REGARDING SAVINGS THAT MAY BE ACHIEVED BY IMPLEMENTING THE SERVICES OFFERED IN THIS PROPOSAL ARE ESTIMATES ONLY. NO WARRANTY, EITHER EXPRESSED OR IMPLIED, SHALL BE CONSTRUED TO ARISE FROM SUCH STATEMENTS, NOR SHALL SUCH STATEMENTS BE CONSTRUED AS CONSTITUTING A GUARANTEE BY SIEMENS THAT SUCH SAVINGS WILL OCCUR IF THE SERVICES ARE IMPLEMENTED. The Buyer acknowledges that when accepted by the Buyer as proposed by Siemens Industry, Inc., this Proposal and the Siemens RAM Projects Business Standard Terms and Conditions, (together with any other documents, including any applicable Rider(s), incorporated herein) shall constitute the entire agreement of the parties with respect to its subject matter. BY EXECUTION HEREOF, THE SIGNER CERTIFIES THAT (S)HE HAS READ ALL OF THE TERMS AND CONDITIONS AND DOCUMENTS, THAT SIEMENS OR ITS REPRESENTATIVES HAVE MADE NO AGREEMENTS OR REPRESENTATIONS EXCEPT AS SET FORTH THEREIN, AND THAT (S)HE IS DULY AUTHORIZED TO EXECUTE THE SIGNATURE PAGE ON BEHALF OF THE BUYER. Proposal is valid for thirty (30) days from the delivery date of June 27, 2024. Payment is due within 30 days of invoice date. Payment Terms: 25% mobilization in advance, progress payments Total: $64,200.32 Siemens Industry, Inc. invoices paid by credit card may be subject to a surcharge of up to 2%. Page 10 of 12 SIEMENS Terms & Conditions Link(s) Terms and Conditions (Click to download) Terms & Conditions (Restricted) (www.siemens.com/standard-terms-project-restricted) Price Escalation. If, during the term of this Contract, the price of various materials or labor or logistics are increased as reflected by CRUIIHS Markit/CMAIICOMEX market index, then Siemens may increase the Contract Sum or apply a surcharge to Customer accordingly. As a result of the global Covid-19 Virus outbreak, temporary delays in delivery, labor or services from Siemens and its sub -suppliers or subcontractors may occur. Among other factors, Siemens' delivery is subject to the correct and punctual supply from sub -suppliers or subcontractors, and Siemens reserves the right to make partial deliveries or modify its labor or services. While Siemens shall make every commercially reasonable effort to meet the delivery or service or completion date mentioned above, such date is subject to change. To the extent applicable, the following Rider(s) are incorporated and made part of the Siemens Standard Terms and Conditions: Riders (Click on rider below to download) SI Mass Notification Rider (www.siemens.com/rider-mass-notification) SI Monitoring Rider (www.siemens.com/rider-monitoring) SI Online Backup and Data Protection (www.siemens.com/rider-data-backup) SI Software License Warranty (www.siemens.com/rider-software-license) SI Consulting Rider (www.siemens.com/rider-consuling) SI Shooter Detection System Rider (www.siemens.com/rider-shooter-detection) SI Body Temperature Thermal Camera Rider (www.siemens.com/rider-thermal-camera) Page 11 of 12 Signature Page Proposed by: Siemens Industry, Inc. Company Hannah Canales Name 8938263 Proposal # $ 64, 200.3 2 Proposal Amount June 27, 2024 Date SIEMENS Accepted by: CITY OF SANTA ANA Company Name (Printed) Signature Title Date Purchase Order # ❑ PO for billinglpmnt only ❑ PO not required Page 12 of 12 jk IV i A *A "I w V41, '10 . rl am � OUTDOOR LIBRARY AT JEROME PARK