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HomeMy WebLinkAbout _ 4.9(a)--Extension of Contract Agreement with EVOC GI �" Y C� F � � �- ' � ° � � i � CITY OF REDDING �� REPORT TO THE CITY COUNCIL MEETING DATE: October 7, 2025 FROM: Brian Barner, Chief of Police ITEM NO. 49(a) ***APPROVED BY*** ,� .�' ° � . �:�� ���.,�.,.��e .. .:. Srian F3arn� ef 4f P41ice ��""�"' �3(2�1242� t�F�a a �, i�t � 10(1(202;� bbarner@reddingpolice.org sbade@cityofredding.org SUBJECT: 4.9(a)--Authorize Extending a Sole Source Agreement with Emergency Vehicle Outfittin Com an for Vehicle Outfittin for the Reddin Police De artment for two years Recommendation Authorize the City Manager, or designee, to execute the First Amendment (C-10028) to the contract with Emergency Vehicle Outfitting Company in an amount not-to-exceed $200,000, annually, for two years for outfitting vehicles with the needed equipment. Fiscal Impact The City of Redding Police Department (RPD) will use previously allocated funds to RPD's Rolling Stock Replacement Fund to outfit the vehicles. Pursuant to Council Policy 416, staff will administratively cover contract obligations, as needed. There is no additional impact to the General Fund. AZteNnative Action The City Council (Council) could choose to not authorize extending the agreement with Emergency Vehicle Outfitting Company (EVOC) for outfitting vehicles and provide staff with alternative direction. Background/Analysis On August 15, 2023, Council authorized RPD to enter into a sole-source agreement with EVOC for outfitting RPD vehieles with the neeessary equipment (previous staff report attached.) The agreement expired on July 31, 2025, and RPD would like to extend for an additional two years. When RPD requested to sole-source with EVOC, there were limited viable options for the needed services. RPD had gone out to bid in 2022 for the serviees and received four bids, all but one being out of the Redding area. The low bid was received from a company out of Chico who was awarded the bid to outfit seven vehicles. While the eompany came highly reeommended, after they completed five vehicles, the contract was cancelled due to many issues with the work. Report to Redding City Council October2,2025 Re: 4.9(a)--Extension of ContractAgreement with EVOC Page 2 Since this time, EVOC has been outfitting all of RPD's vehicles. While it is the normal policy to go out to bid for these services, the status of qualified and available vendors has not seen any significant changes to who provides these services. EVOC is a local vendor and has provided RPD with excellent service. Extending this agreement for an additional two-year period provides RPD with consistent services with a local vendor. At the end of this term, RPD anticipates going out to bid to determine if there are other vendors who are qualified to do this work. Envir�onmental Review Entering into this contract is not a project as defined by the California Environmental Quality Act, therefore, no further action is required at this time. Council PNio�^ity/City Manager Goals • Public Safety — "Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding." Attachments Previous Staff Report 8-15-2023 4.9(b) C-10028 - Consulting and Professional Services Contract- 2023 - Emergency Vehicle Outfitting Company G10028 First Amendment CITY Q F �� REDDIN��' e a � i F o a N � �- CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: August 15,2023 FROM: Bill Schueller, Chief of Police ITEM NO. 4.9(b) ***APPROVED BY*** ..�� � �: c..�_ �� Bill S r h Pa ice 8P3/2d23 ippin,Ci ana�,e' &t'7/2023 � bschueller@reddingpolice.org btippin@cityofredding.org SUBJECT: 4.9(b)--Authorize a Sole Source Agreement with Emergency Vehicle Outfitting Com an for Vehicle Outfittin for the Reddin Police De artment Recommendation Authorize the Redding Police Department to sole source an agreement with Emergency Vehicle Outfitting Company in the amount not to exceed $200,000 annually, for two years to outfit vehicles with the needed eauipment. Fiscal Impact Redding Police Department (RPD) will use a portion of the American Rescue Plan Act (ARPA) funding to outfit patrol vehicles. There is no fiscal impact to the General Fund. Alter�native Action The City Council could choose to not authorize entering into an agreement with Emergency Vehicle Outfitting Company (EVOC) for outfitting vehicles and provide staff with alternative direction. Backgr�ound/Analysis Just as it has been difficult to purchase vehicles over the last several years, it has also been extremely difficult to have vehicles outfitted in a timely manner. While some of the delays have been due to supply chain issues caused by COVID-19, it has also been dif�cult to find reliable installers. In April 2022, RPD went out to bid for vehicle out�tting of seven vehicles and received four bids. The award was given to a company out of Chico, CA. While this company came highly recommended, there were several issues with the installation of the equipment that delayed vehicles being completed and put into service. In June 2023, after five of the seven vehicles were completed, it was decided to terminate the contract with them and �nd another resource to complete the last two of this lot. Since that time, RPD has acquired two additional vehicles that need outfitting. In addition, RPD anticipates purchasing a large number of vehicles that will need to be outfitted. With the length of time it takes to receive the new vehicles, it is Report to Redding City Council August 4, 2023 Re; 4,9(b)--Authorize Sole SourceAgreement Page 2 necessary to establish a vendor who can provide the necessary work in a timely manner. The estimate of work that currently needs to be completed totals approximately $70,000. It is estimated that outfitting the additional vehicles to be purchased over the next several years could total as much as $200,000. One of the bids received in Apri12022 was from EVOC, the only local bidder. At the time of the bid request, EVOC was a fairly new business and did not have the resources to be competitive with the other bidders. Since that time, EVOC has established their business and have the capacity to provide the services that are needed. Over the last year, EVOC has successfully completed several small jobs for RPD as well as several other City departments and has proven their ability to do the work. RPD would like to sole source to EVOC for the next two years in an annual amount not to exceed $200,000. The terms of the agreement would be set for the two-year period at $100 per hour for labor and discounted prices off the manufact�urer's suggested retail prices (MSRP) as outlined on the attached fee schedule. After the two years, RPD would go back out to bid to determine if the market has changed for these services. While it is not the normal practice to sole source this work, authorizing this agreement will allow RPD to ensure the services are available when needed with a local company. Envi�onmental Review Entering into this contract is not a project as defined by the California Environmental Quality Act, therefore, no further action is required at this time. Council Priority/City Manager Goals • Public Safety — "Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding." Attachments ^EVOC Fee Schedule �I�'I' F �+ Ili�(� � ���SJZI�� L11V � � �¢'��SI 1\AIJ �a'i �1L+'�� � 1\� L1�8 'I' I� C01�1'�'RA�T is made at Redding, Cal�ifarnia, by and between tlle City af I�edding (�ity}, a municipal cor�oration, and Emergeney Vehicle Outfittitzg Company(Con�raetor)for the purpose of outfitting vehicles with the needed ec�uipinent for the Redding Police Departlnent. �3[EI����, City cloes not have sufficien.t personnel to perform the services required herein tt�ereby neeessitatit�g tl�is Contrac� for personal services. 1�C��V, �'�IE��I'�I2E, the Parties covenant and agree, for good cor�sideration her�by acknowIedged, as follows: SECTI�1\I �. �,�1�T�t��TC?T� SE�VI��S 5ubject to the terms and conditions set forth in this Cor��tract, Coz�traator shail provide ta City installatio�l of einergency equipm�nt into police vehicles. Equipznent to be installed wil( either be purchased by Contractor or providad by �1ty. Installation of equipment will be done at Contractor's shop loeated in.Redding, CA. �ECTI(3i�2. C�lYI�ENSA'FIt�I�t A1�lL�1�EII0'II�ITI:�ElO�IEl�T Q�+'��.lS�'S A. City sl�all pay Cantractor for services rendered pursuant to this Contract, at the times and in tl�e rnarzner• set forth in Exl�ibit A, attached and incorporated herein, it� a total amount not to e�ceed Two Hundred Thousand I)ollars($200,000)per year. This sum includes all out-of-pocicet travel, lodging and incidental eXpenses ineurred by �ontractar �hat are reasonab�y associated with the provision of services under this Contract. The payzne�lts specified herein shall be the only paynzents to be made to Contractor for services��endered pursuant�to this Contract. B. Contractor shall subnlit monthly invoiees to City for wark caln�leted to the date of the invo,iee. Alt invaices shall be ite�nized to reflect the employees perforzning the requested tasks, the billing rate for each employee and the hours worked. C. All correct,completa and undispu�ed invoices sent by Contractor to City shali be pa.id within thirty (30) calendar days of recei�t. S�CTI�1�3. 'I'E�1VI ANI1 1�I�1V�I��1IC)1� A. This agreement shall commence on the date of contract �nd shall terminate July 31, 2025. � � � Consulting and Professioi�al Services Agreement pag�� � Rev. 6/15 ����� �� � �� B. If�ontractor fai�Is to perform its duties to the satisfaetion of City, ol• if Contractor fails to fu1fill in a timeiy and professional manner its obligati�ns under this �ontract, then City shall have �the right to terminate this �ontract effective immediately upon City giving vvritten notice thel�eof to Cantracto�-. C. Either Party may terillinate t11is Contract without cause on thirty (30} calendar days' written notice. Natwithstandit�g the precedin�, if the term set forth in Section 3.A. of this Contract eXceeds ninety(90}calendar days in duration, Contraetor's sole right to terminate shall be Iimited to termir�ation for eause. I). Contractor hereby acknowledges and agrees tilat the o�bligation of�ity to pay under this Contraet is contingenl upon the availability of City's funds which are appropriated or allocated by the City Council. �hould the funding for the project ai�dlor work set forth herein no� be appropr-iated al• allocated by ttle City Counczl, �ity may �erminate this Agreemer�t by furnishing at least thirty (30} calencta�° days' written notice of its intentioi�to terminate. In the evetlt of a terminatioz�pursuant to this subdivision, Contractor shall not be entitled �o a re�nedy of acceleration of payn�ents due over the term of tihis Agreement. The Parties acknowledge at�d agree that the power to terminate described herein is required by ArticIe 16, Section 1$, of the California Constitution, and that constitutional provision supersedes a.ny Iaw, rule, regulation or statute whicil confliets with tlie provisions of this Section. E. In the event that City gives notiee of termination, Contractor shall promp�ly provide to City any and all finished and unfinisl�ed reports, data, studies, photograpl�s, ch�rts or other work product prepared by �ontractor pursuant to this Contract. City shall have full ownership, inctuding, but not limited to, intellectual property rights, and control of all such finished and ut�finished reports, data, studies, photagraphs, charts or other work product. F. In the event that City ternlinates tl�e Contract, City shall pay Cont�•actor the reasonable value of services rendered by Contractar pursuant ta this Contract; provided, however, that City shall not in any manner be liable fo�• lost profts whicll �night have been made by Contractor had Contractor completed the services required by this Contract. Contractor shall, not Iater than ten (10) calendar days after ternlination of this Cot�tract by City, furnish to City suclz financial inforrnation as in the judgment of the City's representative is necessary to determine the reasonable value of the services rendered by Contractor. G. In no event shall the termination or e�piration af this Contract be cons�rued as a waiver of any rigilt to seek remedies in law, equity or othea°wise for a I'ar.ty's failure to perform each obligation required by this Contract. Consu1ti11g and Professioi�al Services Agreement p��e 2 Rev. 6/IS SE�TI��4. IVII��EI.,LAl�E()ITS 'I'EI�1l�IS AI� C�NL�I'I'��NS C?� CC�N�'�.A�T A. City shall make its facilities accessible to Contractor as required for Contractor's perforl��ance of its services under tl�is Coilt.i•act, a��d, upon request of Contractor, provide labor and safety equipment as required by Coritractor far such access. B. Pursuant to the City's business Iicense o��dinance, Contractor sl�all obtain a City business license prior to colnmeneing work. C. Contractor represents and waz�ralits to Crty that it has alI licenses, permits, qualificatians and approvals of any nature whatsoever that are Iegally required for Contractor to practice its profession. Contractor represents and warrants ta City that Contractor sha11, at its sole cost and expense, keep in effect or obtain at a11 times during the term of this Contract any licenses, pernlits and approvals that are legaily required for Contractor to practice its profession. D. Contra�tor shall, during the entire term of this Contract, t�e construed to be an independent contractor and nothing in this Contraet is intended, nor shalt it be canstrued, to create an employer/empioyee relationsl�ip, association, joint venture relationship,trust or partnership or to allow City to exercise discretion or control ov�r the professional manner in which Contractor perforins under this Car�tract. Any and all �axes i�nposed on Contractor's incame, ilnposecl or assessed by i�e�son of this Contract or its performance, including but not Iimited to s�1es or use taxes, shall be paid by Contractor. Contractor shall be responsible for any taxes or penalti�s assessed by reason of any claims tl�at Contractor is an etnployee of City. Contractor shall nat be eligible for coverage under City's workers' compensation insurance plan, benefits under the Public Enlployee Retirement 5ystenl or be eligible foi• any othar City 6enefit. E. No provision of this Contract is intended Yo, or shall be for the ben�fit of, ot�construed to create rights in, or grant remedies to, any person or entity i?ot a party hereto. I'. No portion of the work or services to be perforined under this Contract shall be assigned, transferred, conveyed or subcontracted without the prior written approval of City. Contraetor may use the services of independent contractors and. subcontractors to perform a portioiz of its obligations under this Co�ztr•act witl� the prior written approval of City. Independent contractors and subcontractors shall be provided with a copy of�his Contract and Contractor sha11 have an affir�nativa duty to assure that said independent contractors and subcontractars comply with the same and agree to be bound by its tel-n1s. Contraetor shat] be tlae responsible party with respect to at1 actions of its independer�t contractors and subcontractors, and shall obtain such insurance and indemnity provisions fiom its contractors and subcontractai•s as City's Risk Manager shall determine to be necessary. G. Con�ractor, at such times and in such form as Czty may require, shall furnish City with such periodic reports as it tnay request pertaining to the work or services Constltting and Professior�al Services Agreement T'age 3 Rev:6/15 undertaken pursuant to this Contract, the casts or obligations incuri•ed ar to be incurred in connection therewith, and any other matters covered by this Contract. H. ContracYor sl�all mailltain accounts and records, zncl�ding personnel, property and financial records, adequate to idei�tify and account for all costs pertaining to this Contract and such other records as may be d�emed necessary by City to assure�proper accounting for all project funds. These recards shall be made available for audit purpos�s to state and federal authorities, or any authorized representative of City. Contractor shall retai�a suc11 records for three (3) years after the expiratiorl of this Contract, unless prior•permission to des�iay theln is granted by�ity. I. Contractor sha11 perform all serviees required pursuant to this Contract irz the n7anner and according to the standards observed by a competent practitioner of�ontractor's profession. All products of whatsoever rlature which Contractor delivers to City pl�rsuant to this Cantraet shall be prepared in a professional manner and conform t� the standards af quality normally observed by a pei�son practicing the pi�afession of Contractor and its agents, employees and subco�ltractors assigned to perform the services eontei11p1ated by this Contraet. J. All coinp�eted reports and other data or doeuments, or eomputer media including diskettes, and other materials pravided or prepared by Contractor in accordance with thr.s Contract are the property of City, and may be used by City. �ity shali have a11 intellectual property rights inciuding, but not limited to, copyright and pa�ent rights, in said documents,eomputer media,and other materials provided by Contractor. City sha1I z�etease, defend, ir�demnify and hald harmless Contractor from all claims, cos�s, expenses, damage or iiability arising out of or resulting from City's use or lnodification af any reports, data, documents, drawings, specificatians or other work product pz�epared by Contractor, except for�ase by City an those portions ofthe City's project for which such ztelns were prepared. K. Contractor, including its employees, agents, and subContractors, sha�I not maintain ar aequire any direct or indirect interest that conflicts witll tlle perfarmance of this Contract. Contractor sha11 comply with all rec}uirenlents of the Political Reform Act (Government Code § 8100 et seq.} and other Iaws relating to canflicts of interest, including the following: 1) Contractar shall not make or participate it1 a. decision made by City if it is reasonably fareseeable that the decision may have a materiai effect on Contractor's economic interest, and 2} if required by the City Attot�ney, Contractor shall file financial disclosure forms with the City Clerk. Consulting and Professional Services Agreement Page 4 Rev. Fi115 SE�1I()I°� S. �I��IJ�2AI�CE A. Untess modified in writing by City's Risk Manager, Contractor sltall z�laintain t�ie followit�g noted insurance during the duration of tl�e Conri•act: Cav�ra�e l��uired i�tat Fde�ired Commercial General Liability X Coinprehensive Vehicle Liahility x Workers' Compensation and Employers' Lia�ility x Garagekeeper's X Professional Lia�ility (Errors and Omissions} X (Place an"x"in the appropriate box) B. Coverag� shall be at least as broad as: � 1. Insurance 5ervices Office form number CG-0001, Co1�lmercial Caeneral Liability Insurance, in an az�lount not less than$1,000,000 per occurrence and $2,000,000 general aggregate for bodily injtary, pey�sonal injury and property damage; 2. Insurance Services Of�'ice form number CA-0401 (Ed. 1/�7), Con�prehensive Automobile Liability Insurar�ce, which provides for tatal limits of not l�ss than $1,000,000 caizlbir�ed single limits per accident applicabte to alI owned, non-owned a.nd liired vehicles; 3. Statutory Worlsers' Compensation required by the Labor Code of the State of � California and Employers' Liability Insurance in an amount not less thara $1,QOO,OdQ per occurrence. Botl� the Workers' Compensation al�d E�nployers'Liability policies shall contain the insurer's waiver of subragation in favor of City, its elected officials, officers, employeas, agents and vainnteers; 4. Professianal .Liability (Errors and ClmissiozZs) Insuran�e, appropriate t� Contractol•'s profession, against Ioss due to error or omission or malpractice in an amounf not tess than $1,000,000. 5. The City does not accept insurance certificatas or endorsements with the wording "but only in the event of a named insured's sole negiigence" or any otller ver6iage Iilniting the insured's insurance respo�lsibility. C. Any deductibles or self-insured retentiot�s n�ust be declared to and approved by City. At the option af the City,eitlier: the insurer sha11 reduce or el iminatie such deductibles Consul�ing and Professional Services Agreement Page 5 Rev.6/15 oi• self-insured retentions as respects the City, its elected officials, officers, employees, agents and volunteers; or the Contractor sha11 procure a bond guaranteeing payment of Iosses and related investigations, claims administration and defense expenses. D. The General Liability shall contain ar be endarsed to contain the fallowing provisions: t. City, its elected officials, officers, employees, a��d agerlts are to be covel•ed as additional insured as respects liability arising out of work or operat'rons performed by or on behalf of Contractor; premises owned, leased or used by �ontractor; or au�omobiles owned, leasec�, hired or borrowed by �ontractor. The caverage sliall contain no special limitations on the scope of protection afforded to City, its elected officiai,s, of�eers, employees, agents and volunteers. 2. The insurance coverabe of Contractor shall be primary insurance as respects City, fts eiected officials, officers, enlployees, agents and volunteers. Any insurance or self.-insurance maintained by City, its elected of�cials, of�cersy empioyees,agents and volunteers,shall be in e�cess af Contractor's insurance and sh.all not contribute with it. 3. Coverage s11ai1 state that the insurance of Contractor shall apply separately to each insured against wl�om claim is �nade or suit is brought, eacept witl� respect to the limits of the insurer's liability. 4. Each insurance policy required by this Contract sha116e endorsed ta state that coverage shall not be canceted except after Yhirty (30) calendar days' przor written notiee has been given to City. In addition, Contp-actor agree�s that it shall not reduce its coverage ar limits on any such policy except after Yhirty (30) calendar days' prior written notice has been given to City. E. Insurance is to be placed with insurers with a current A.M.Best's rating of no less than A-VII. F. Contractor sha11 designate the City of R�dding as a Certificate Holder of the � insurance. Cantractor shall furnish City witl� certificates of insurance and original endorsen�7ents effecting t��e c�verages required by this clause. Cerfificates and endarsemenfs shall 6e �furnished to: Risk Management Department, City of Redding, 7�7 Cypress Avenue, Redding, CA 96041. The certificates �nd endorsements for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be i•ec�ived and approved by the City's Risk Manager prior to the cornmencement of contracted services. City may withhold payments to Contractor if adequate cei•tificates af insurance and Consulting and Professionai Services Agreen�ient Page 6 Rev. &/IS endorseinents required have not 6een provided, oi• not been provided in a timety manner. G. The i•equit•e�llents as to the types and limits of insurance coverage to be znaintained by Contractor as required by Section 5 of this Contract, and any appraval of said insurance by City, are not intended to and wilt not in any manner limit ol�qualify the liabilities and o�bligations otherwzse assuill�d by Contraetor pursuant to this Contt•act, ii�cluding, without limitation, provisions concerning indemnificatian. H. If any poliey of insurance requii-ed by this Sec�iotl is a"claims made"policy,pursuant to Code of Civil Procedu��e § 342 and Government Code § 945.6, Contractor shall keep said insurance in effect for a period of eighteen(18)�nontf�s after the termination of this �ontract. I. If any damage, including death, persoilal injury or pi•operty damage, occurs in connection wit1� the performance of this Contract, Contractox• shall imt�nediately notify City's Rislz Ivlanager by telephane at (530} 225-406�. No later tl�an three (3) calendar days after the event, Contractol° shatl sub7nit a written repart to City's Risk Manager containing the following information, as applicable: 1)name and address of injured or deceased person(s};2}name and address of witnesses; 3)name and address of Contractor's insurance company; and 4) a detailed description of the damage and whether any City property was involved. �Li6.i Al�l\ 6. i1�Ill9'.1Yl.l�IlA�l..L-1���1�1 L��T�SY�Y���til\1Y1����.7iJ A. Consisteiit with California Civil Code § 27�2.8, when the services to be provided under this Canti•act are design professional services to be perfarmed by a design prafessional, as that term is defined under Section 2782.8, Contractor shall, to tlie fullest exte�nt perinitted by law, indemnify pt•otect, d�fend and hold harmt�ss, Cit�, its elected officials, officers, en�ployees, and agents, and each and every one of tl�em, frotn and against all actions, damages, costs, liability, claims, losses, penalties and e�penses (inciuding, but nat limited �o, reasonable attorney's fees of t4�e City Attort�ey or legal counsel retained by City, expert fees, litigation costis, and investigation costs) of every type and descriptian to which any or all of them may be subjec�ed by reason of, or resulting fr•ot�n, directty or indirectly, the ��egligence, recklessness, or willful Iniseonduct of Contractor, its officers, employees or agents iz� the perforinance of professional services under this Contract, except when liability arises due to the sole negligence, active negligence or misconduct of the City. �. Other• tl�an in the performance of professionai servzces by a design professional, which is addressed soiely by subdivision (A) of this Sectio�z, and to the fullest eatent permitted by la.w, �ontractor shall indemnify protect, defend and hold harmless, City, its elected officials, of�cers, employees, and agents, and each and every one of thet�l, from and against all actions, damages, costs, liability, claims, losses, penalties and exper�ses (ineluding, but not ,limited to, reasonabie attorney's fees of tlle City Consultitlg aild Profassionai Services Agreemeut Page 7 Kev. 6/15 Attorney or legal counsel retained by City, expert fees, litigation costs, and investigatian costs) of every type and description to which any or all of them may be subjected by reason of the performance of the services required under this Contract by Contractar its officel-s, employees or agents in the perfortnarice af pt�ofessional services under this Contract, except when liabitity aris�s due to the sole negligence, active negligance or misconduct of tlte City. C. The Contractor's obligation to defend, indemnify and hold harmtess shatl not be excused because of the Cotltractor's inability to evaluate Iiability. TIZe Contractor shall respand within thirty (30) calendar days to the tender of any claim for defense and indemnity by the City, unless this time has been extended in writing by the City. If the Contra.ctor fails to accept or reject a tender of defense and indemnity ir1 writing delivei-ed to City wittlin tihirty (30) calendar days, in addition to any other remedy authorized b� Iaw, tlle �ity may withhold suc1� fimds the City reasonably considers necessary for its defense ar�d indemnity until disposition has been made of the claim oi• until the Cont�-actor aecepts or rejects the tender of defense i��writing delivered to the City, whichever occurs first. This subdivision shall not be construed to excuse th�prompt and continued performance of the duties required of Contractor herein. I?. The obligatian to ind�mnify, pr•otect, defend, and hold harmless set forth in this Section appiies to alI claims and liability regardless of whether any insurance policies are applical�le. The poticy litnits of said insurance palicies do not act as a limitation upon the amount of indemnification to be provided 6y Contractor. E. City sha1.1 ��ave tke right to approve or d�isapprove the legal counsel �-etained by Contractor pursuant to this ��ction to represent �ity's interests. City shall �e reilnbursed for a11 casts and attarney's fees inctzrred by City in enforcing the obligations set forth in this S�ction. SECTI�N 7. ��l`�'TR��T�NT'�I�I'I���'�4�'I€�1�, '6��1�UE A1VI� A'1'i'�I21���'I�+EES A. This Contract shall be deel�led to have been entered into in Redding, Califorriia. A11 questions regarding the validity, interpretation ar performance af any of its terms or of any rights or obligations of the parties to this Contract sha11 be gaverned by CaIifornia law. If any claun, at 1aw or otherwise, is made by either pa��ty to this Contract, the prevailing party sha11 be entit,led to its costs and reasonable attorneys' fees. B. This document, including all exhibits, cantains the en�tire agreement between tlle parties and supersedes whatever oral or written understat�ding each may have l�ad prior ta the execution of this Contract. This Contract snall not be altered, amended or modified eXcept by a writing signed by City and Contractor. No verbal agreement or eonversation with any official, offiee.r, agent or ei�lployee af City, either before, during or after the eXecution of this Contract, shall affect or modify any af the terms or conditions contained in tilis Contract, nor st�all a��y suci� verbal agreerrzent o1- Coi�sutting at�d Professional Services Agreement Page 8 Rev.6/15 canversation entitle Contractor to any additional payment whatso�ver under the ter�ns of tl�is Confract. C. No covenant a�� colidition to be performed by Contractor under this Contract can be waived except by the written consenY of City. Forbearance or indulgence by City in any regard whatsoever shall not constitute a waiver of�he covenant or condition in question. Until performance by Cantractor of said covena.nt or condition is complete, City sha11 be entitled to invoke any remedy available to City under this Contract or by law or in equily despite said forbearance or indulgence. D. If any portion of this Contract or tl�e application thereof to any person ar circumstance shall be invalid ar unellforceable to any extent, the reinainder of this Contract shall not�be affected thereby and sha11 be enforcecl to the greatest ext�nt permitted by Iaw. E. The headings in this Contract are iriserted for convenience only and shall not constitute a part hereof. A waiver of any party of any provision or a breach of tllis Contract must be pro�ided in writing, and shall not be construed as a waiver of any other provision or at�y succeeding breach of the same or any other provisions hereirz. F. Each Party hereto declares attd represents that in entering into this Contract, it has relied and is relying solely upon its own judgmezlt, beliaf and knowledge of th� nature, extent, effect and co�nsequence relating thereto. Each Party further declares and represents that this Contract is made withaut reliance upan any statement or representatzon not contained herein of any other Parry or any representative, agent or attorney af the other Par�y. The Parties agree that they are awara that they have the right to be advised by couz�sel with respect to the negotiations, terms, and conditions of this Contract and that the decision of wi�ether or not to seek the advice of counsel with resp�ct to this Contract is a decision which is the sole responsibility of each of th�Parties. Aecordingiy, no party sl-�ail be dee�l�ed to have been the drafter hereof, atld the priucipls of law set forth in Civil Code § 1654 that contracts are cons�lrued against the drafter shall not apply. G. Each of the Parties hereto hereby irrevocably waives any and ail right to trial by jury in any action, proceeding, clai�n or counterclaim, whether in contract or tort, at law or in equity, arising out o#�or in any way related to this Agreemei�t or the�r�nsactiotzs contemplated hereby. Each Party further waives any right to consolidate a�ny aetion which a jury triai has been waived with any other action in which a jul-y trial cannot be or has not been waived. H. In the event of a coriflict between the te�•m and conditions of t11e body of tll�s Conn�act and those of any exhibit or attachment hereto, the terms apld conditions set forth in the body of this eontract proper shall prevaiL In the event of a conflict between the terms and cotlditions of any two or more exhibits or attachments l�ereto, those prepared by City shall prevail over thase prepared l�y Contractor. Consulting and Professional Services Agreement p��e 9 Rev.6/15 S�+�TI � �o SITI��I��A�. The provisions set forth in Sections 3 through 7, inclusive, of this Contract shall survive �ermination of tl�e Contract. �ECT��1� 9. CC�lYIPLI�II��� �IT�-�I,�'�S -1��1�1��s�IZI1VIIl�A.T��.II� A.. Contractor shatl compiy with all applicabie taws, ordinances and codes of federal, state and local government�. B. In the perfo�•mance of thts Contract, Contractor shall not d.iscriminate against any employee or applicant for emptoyinent because of race, color, ancestry, national origin,reiigious ereed, sex, sexual orientation, disability, age, marital status,political affiliation, or membership or �onmembersl�ip in any organizatiol�. Contractor shall take affirmative action to ensure applicants are employed and that employees a�re treated during thei��eznployment without rega�•d to tlieir race,eolor, ancestry, national origin,religious ereed, sex, sexual orientation, disability, age,marital status, political aff'iliation, or membership or nonmembership in a�ny arganization. �uch actions shall include, but not be lunited to, the following: employ�nent, upgrading, d�motion or transfer, recruitment or recruitment advertising, layoff or te,rmination,rat�s af pay or other forms of compensation and selection for train.ing. S�C'I'I�1� 1Q. RE�I�ESEI�'I'A'�'IVI�S A. City's representative for this �ontract is Lt. Tim Renaul�, telephone number (530)776-0102, email trenault cr reddinbpolice.org. All of Contractor's questions pert�ining to this Contract shali be referred to ti�e above-named �person, or to tlle representative's designee. B. Contractor's represei�tative for this Contl-acf is Todd Allen, telephone number (530)410-4104, email todd.@evoci�arth.conl. All of City's c�uestians pertainin�; �o this Contract shall be referred to the above-natlled person. C. Ti�e representatives set forth herein shall have authority �to give all natiees requireci herein. SEC'I'I�.11�i ll. T�T�'I'I�ES A. All notices,requests, demarlds and other cammunications I�ereunder shall b�deefned given only if in writing sig��ed by ar� authorized representaiive of tl�e sender (may be other than the representatives referred to in Seetion 10) and delivered by facsimile, with a hard copy tnailed first class, postage prepaid; or when sent by a courier or an express service guaran�eeing overnibht delivery to the receiving party, addressed to the respective parties as follows: Consulting and Professional Services Agreeinei�t Page 10 Rev.6/15 �'� ���3'� '�a Co�fi�-actox: Lt. Tim TZ�nault Taeld Al1en Emer�ency Vehicle Outfitting Campany C�edding Falice Department 463 Belvedere Drive 777 Cypress l-�veuue Redding, CA 96003 Redding, CA 9&001 B. Either party may cliange its address for the �u�rposes of this paragraph by giving written notice of such change to the atl�er party in the manner pravid�d in this Section. C. Notice s�all be deemed effective upon: 1)personal service;2)ttivo calendar days after znailing or translniss�ian by facsimile, whichever is earlier. S�CTI�N �2. AU�'�I�g2I'T�' T�.1 C'C�I�t7'�AC'�' A. Eacl� of the unde�-signed signatories he��eby represents and warrants that they are authorized to execute Yhis Contract on behalf of the respective parties to this Conlract, that they have f��il rigl�t, power and lawful autharity to undertake alI obligations as provided in this Contract; and that the execution, performance and delivery of this �ontract by said signatorie�s has been fully authorized by all re�quisite actions on the part of the respective parties to this Contract. B. When the I�!Iayor is signatory to this �ontract, th� City Manager and/or tl�e I�epartment Director having direct respons�bility for n�anaging the services provided herein shall IZave authority to execute any a�nendment to this C"ontract which does f�ot increase the amo�nt of compensatiori allowable to Coi�tz•actor ox- otherwise substantially change the scope of the services provided herein. �E�1It�1�1 1�. �A�'� �F �C�1°d�' r�CZ' The date of t1�is Cal�tract shail be the date it is signed by City. Consulting and Professional Services Agreement Page 11 Rev.6/15 I1��I�t�E���' ��2E�F,City and Cantractor have e�ecuted this Contract on the days and year set forth betow: CffT�' F I��+ DII�G, E4 u�z�cip�i C�r�o�ation , �,, � � t �a� I�at�d: �°���`°'� ,2Q ���� �;;" ��,-��.,--�,�.� y<BARRY T�I'� IN, ITY MANAGER ���'���'� AP'P��3VE�3 AS T'C9 F(�I21V1: 13�i12RY E. e hI.,'�' �acy E4��rrae� ,���, � � � �;� � � ��� � ��ti��,� ��;,�,<� , � ��1 "''u����,`"� � � �I�1��tI.�I�dE �'I�''�'t� , Cit� �Ierk I3y;�� CQI�I'I��9.�'I'�12 Llated. � , 24 �y: Todd Allen �'ax I I�o.° � t Consulting and Professionai Services Agreement Page 12 Rev. 6/I S r i ii r i i , � I r i ��� rt Fees for service are as follo�nes: Labor Rate: $100 per hour Equipm�nt ccrsts are based on a disc�ur�ted rate frs�m ��ch m�nufact€�rer's (�SRP as autlined beiow. r�t� �t r r � Whelen 25-30%a Federal Signal 3Q-40% Troy Products 151� Setina 2pa/ Sour�dOff Signal 30-40% The fees an this sch�clule will remain the same for the term af the agre�ment. FI ST A EN ENT T C NSULTING AN PROFE5SIONAL SERVICES CONTRACT (G10028) The Coi�sulting and Professional Services Contract(GI0028)dated September 7,2023 between the City of Redding, Califot•nia, ("City")a municipal corporation, and Emergency Vehicle 0utfitting Campany("Contractor") is atnended as follows; The following Sectians are arnended#o read in its entirety as follows: SECTION 3. ;TERM AND TERMINATION A. This ag��eement shall cammence on the date of signing and sha11 terminate on July 31, 2027: All other terms and conditions of the Contraet dated September 7,2023 shall remain in full force and effect. The date of this Amendment shall he August 1,2025, IN WITNESS WHEREOF,City and Consultant have executed this Amendment an the days and year set forth below: CITY OF REDDING, A Municipal Corpor•ation Dated: __._.�__,2025 STEVE BAD�, Interim City Manager ATTEST: APPROVEI�AS TO FORM: CHRISTIAN M. CURTIS City Attarney SHARLENE TIPTQN, City Clerk By: CONTACTOR Dated: ���/"t �, �,2025 Tc�d llen