Loading...
HomeMy WebLinkAboutContracts & Agreements_189-2024AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision of Video Management System Replacement ("Agreement") is made and entered in this 15th day of October, 2024 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and CelPlan Technologies hie, a Virginia corporation. ("Consultant"). City and Consultant are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Consultant agree as follows: ARTICLE 1— ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant to provide a Video Management System Replacement that will include design installation, configuration, and maintenance services for City (the "Services"). 1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services. ARTICLE 2 — SERVICES OF CONSULTANT 2.1 The Services that Consultant shall perform are more particularly described in Exhibit "A," titled "Scope of Services," which is attached hereto and incorporated herein by this reference. 2.2 Consultant shall comply with applicable federal, state and local laws and regulations in the performance of this Agreement including, but not limited to, any applicable State prevailing wage laws. ARTICLE 3 — RESPONSIBILITIES OF CITY 3.1 City designates Danielle Garcia, Management Services Department Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services. ARTICLE 4 — PERFORMANCE OF SERVICES 4.1 Consultant shall perform and complete the implementation services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit `B," titled "Project Schedule," which is attached hereto and incorporated herein by reference. 4.2 The term of this Agreement shall be for a period of one (1) year from the Effective Date of this Agreement (the "Initial Term"). The City shall have the option to extend the Initial Term of this Agreement by four (4) additional one-year terms (each, an "Extended 1 lAemo\Agreements\Ce1P1an Technologies Inc Professional services Agreement FY24-0037.docx-ms Term"), on the same terms and conditions, by providing written notice to Consultant at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term. 4.3 If Consultant's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to City, consistent with City Council -adopted policy for the same. It shall be the obligation of Consultant to obtain a copy of such policy from City staff. ARTICLE 5 — PAYMENTS TO CONSULTANT 5.1 Compensation: The compensation for Consultant's performance of the Services shall not exceed the amount of One Million One Hundred Fifty -Eight Thousand Six Dollars and Twenty Nine Cents ($1,158,006.29) for the Services provided during the Initial Term. This agreement may be extended by four (4) one-year terms (Extended Terms). Should this Agreement be extended, the compensation for Consultant's performance for the Services shall not exceed the amount of Two Hundred Thirty -One Thousand Seven Hundred Fifty - One Dollars and Thirty One Cents ($231,751.31) for the first Extended Term; Two Hundred Forty -One Thousand Twenty -One Dollars and Thirty Six Cents ($241,021.36) for the second Extended Term; Two Hundred Forty -Seven Thousand Forty -Six Dollars and Ninety Cents ($247,046.90) for the third Extended Term; and Two Hundred Fifty -Three Thousand Two Hundred Twenty -Three Dollars and Seven Cents ($253,223.07) for the fourth Extended Term, bringing the total possible amount of compensation to a not -to - exceed amount of Two Million One -Hundred Thirty -One Thousand Forty -Eight Dollars and Ninety Three Cents ($2,131,048.93). For the Initial Term and each Extended Term, City shall pay Consultant on a time and materials basis up to the not to not -to -exceed amount in accordance with the rates specified in Exhibit "C," titled "Schedule of Values," which is attached hereto and incorporated herein by this reference. 5.2 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month. Consultant's invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the Services. City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant's invoice. 5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section: C\emo\Agreements\CelPlan'I'echnologies Inc Professional Services Agreement FY24-0037.docx-ins CITY: City Clerk City of Redlands 35 Cajon Street P.O. Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofredlands.org Phone: (909) 799-7531 CONSULTANT: Paulo Leite, Chief Operating Officer CelPlan Technologies, Inc. 1920 Association Dr. Reston, Virgina 20191 4s' Floor paulo@celplan.com Phone: (703) 259-4025 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6.1 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant. Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City. A. Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self -insured or exempt from the workers' compensation laws of the State of California. Consultant shall execute and provide City with Exhibit "G," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to performance of the Services. B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. C. Consultant shall secure and maintain professional liability insurance throughout the term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim made. D. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Consultant owned vehicles used in connection with Consultant's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self- insurance maintained by City. E. Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City. In the event of mutual agreement by the 1:\emo\Agreements\Ce1P1an Technologies hie Professional Services Agreement FY24-0037.docx-ms Parties to assign or subcontract a portion of the Services, Consultant shall add such assignee or subcontractor as an additional insured to the insurance policies required hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor. 6.2 Consultant shall defend, indemnify and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services. ARTICLE 7 — CONFLICTS OF INTEREST 7.1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant's Services. Consultant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement. 7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant: A. Does not make a governmental decision whether to: (i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof. B. Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302. 7.3 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Cleric. 4 C\cmo\Agreements\CelPlan Technologies Inc Professional Services Agreement FY24-0037.docx-ms ARTICLE 8 — GENERAL CONSIDERATIONS 8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in- house counsel by a Party. 8.2 Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, result in City's immediate termination of this Agreement. 8.3 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any its agents shall have control over the conduct of Consultant or Consultant's employees, except as herein set forth. Consultant shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Consultant shall have no authority, express or, implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation. 8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City's intent to terminate. If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination. 8.5 Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Consultant. 8.6 This Agreement, including the Exhibit "D," titled "Exclusions," Exhibit "E," titled "Standard Support Terms, Structure, and Procedure," and Exhibit "F," titled "Genetec Global & Privacy Policy," are incorporated herein by reference, and represents the entire 1:\cmo\Agreements\Ce1P1an Technologies Inc Professional Services Agreement FY24-0037.doex-ms agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein., any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant. 8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California. 8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement. IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement. CIT M. ATTEST: e Donaldson, City Clerk CELPLAN TECHNOLOGIES, INC Paulo Leite, Chief Operating Officer b I:lcmo\AgreementslCelPlan Technologies Inc Professional Services Agreement FY24-0037.docx-ms EXHIBIT "A" SCOPE OF SERVICES I Video Management System (VMS) Replacement for City of Redlands The City of Redlands aims to enhance its public safety and security infrastructure by replacing its existing, disparate video management systems with a unified, city-wide solution. The project will involve the design, installation, configuration, and maintenance of a new wireless camera system integrated with a robust VMS platform. The new system will provide comprehensive video surveillance coverage across the city, improve incident response capabilities, and offer a user-friendly interface for monitoring and management. The project will also ensure future integration with an access control system (ACS) to further enhance security measures. 2 ProiectObiectives The core objectives of this project are as follows 2.1 Consolidate and Upgrade: Replace the existing camera system with a single, integrated Citywide Genetec Software Solution The project will implement Genetec Security Center as the core software platform for the Video Management System (VMS). Genetec Security Center is a unified security platform that blends IP video surveillance, access control, and automatic license plate recognition (ALPR) into a single intuitive interface. Key features of Genetec Security Center include: • Omnicast: The IP video management system of Security Center, providing seamless management of digital video, audio, and data across any IP network. • Synergis: The IP access control system (ACS) that will allow for future integration and unified security operations — for future. • Advanced reporting and analytics capabilities to support efficient incident response and investigation. • Scalable architecture to support the city's growing needs. • Robust cybersecurity features to protect the integrity and confidentiality of surveillance data. 2.2 Wireless Network Hardware The project will involve the replacement (up to 100%) of the existing wireless network infrastructure with state -of- the -art equipment from Ubiquiti, Mikrotik, Mimosa, and Cambium Networks. lAc1no\Agreements\Ce1Plan Technologies Inc Processional Services Agreement FY24A037.doex-ms 2.3 Camera Upgrades The project will involve the replacement (up to 30%) of the existing camera network infrastructure with state -of- the -art equipment from Axis and Hanwha. 2.4 VMS Hardware Infrastructure To support the new Genetec Security Center VMS, the project will deploy new server hardware from Dell Technologies: • Dell PowerEdge Rack Servers for primary VMS operations for high -capacity, reliable video storage We will be re -using the existing network infrastructure where available and applicable for connectivity from City; any new required networking equipment will be additional to the scope of work 2.5 Comprehensive Coverage: Provide reliable in place upgrade of existing infrastructure with proposed video surveillance system across public areas, critical infrastructure, and other designated locations throughout the city. 2.6 Enhanced Security: Improve public safety and security by deterring crime, aiding in investigations, and facilitating rapid response to incidents with newer high resolution and multisensory cameras and higher reliability and higher bandwidth wireless equipment. 2.7 EfficientlncidentManagement: Streamline incident response and investigation processes for law enforcement and city officials through improved access to video evidence and data though an IP driven Genetec Video Management System — Security Center. 2.8 User -Friendly Interface: Implement the Genetec VMS platform that is intuitive and easy to use for monitoring, management, and retrieval of video footage. 2.9 Future -Proofing: Ensure the system is scalable and adaptable to future needs, including integration with an access control (ACS) and automated license plate recognition (ALPR) systems. 1Acmo\Agreements\CelPlan Technologies Inc Professional Services Agreement FY24-0037.doex-ms 3 Proicet Tasks The project encompasses the following key deliverables: 3.1 Comprehensive System Design 3.1.1 Evaluate Existing Infrastructure: Conduct a thorough assessment of the current camera systems, network infrastructure, and user requirements to develop a comprehensive migration plan. The assessment will include documenting the brand, model, warranty, and capabilities of each existing camera, as well as identifying any undocumented routes, links, and credentials. The goal is to establish a clear baseline understanding of the current environment to inform the design and migration strategy. 3.1.2 Detailed Specifications: Provide detailed technical specifications for all hardware and software components, including cameras, wireless equipment, servers, storage, and VMS software. The specifications will ensure that all components are compatible and meet the city's performance and security requirements. This detailed planning will help prevent scope creep and ensure that the project stays on track. The proposed solution will utilize the Genetee Security Center platform, which includes the Omnicast VMS for video management. 3.1.3 Wireless Network Design: Design a robust and scalable wireless/mesh network infrastructure to support the camera system, ensuring reliable connectivity and bandwidth. The network design will leverage Cambium PAR 450v point- to-multipoint radios in the 6GHz band for high -bandwidth backhaul links and Ubiquiti, Mikrotik, and Mimosa point-to-point and point -to — Multipoint radios for additional connectivity where needed. The design will consider factors such as coverage area, signal strength, and potential interference to ensure optimal performance. This design phase emphasizes the importance of proactively addressing potential risks and challenges. 3.1.4IP Network Design: Develop an IP network design and addressing scheme that accommodates the new camera system and integrates with the existing city network infrastructure. The IP network design will ensure seamless communication between cameras, servers, and user workstations. This integration highlights the need for effective communication and coordination between different project elements. 3.1.5Milestone for Payment: Contract Signature/Design Review (30%) - This milestone triggers the first payment upon successful completion of the system design and approval by the City. It signifies the completion of a major project phase IdemoUgreementKehPlan Technologies Inc Professional Services Agreement FY24-0037.docx-ms and ensures that the design meets the city's expectations before proceeding with further implementation. 3.2 Hardware Procurement andlnstallation 3.2.1 Camera Installation: • Supply and install approximately 50 IP cameras from a total of 166 cameras, strategically positioned throughout the city, corresponding to up to 30% of existing cameras as needed to ensure compatibility and optimal coverage. The camera installation will include proper mounting, alignment, and configuration to ensure optimal image quality and coverage. This phase emphasizes the importance of quality control and ensuring that the installed equipment meets the project's specifications. 3.2.2Network Deployment: Install wireless/mesh network equipment, including access points, antennas, and other necessary components, to establish a reliable communication network for the camera system. The network deployment will adhere to industry best practices and comply with all relevant regulations. This phase highlights the importance of adhering to technical standards and regulatory requirements. Up to 100% of the existing wireless network will be replaced to ensure compatibility and optimal performance with the new VMS solution 3.2.3Infrastructure Implementation: • Install power supplies, grounding systems, and other infrastructure elements to support the camera and network installations. Customer to provide mounting structures and continuous 120VAC power. The infrastructure implementation will be carried out safely and efficiently, minimizing disruption to the city's operations. This phase underscores the need for careful planning and execution to avoid delays and ensure the project's success. 3.2.4 VMS Implementation: Deploy the Genetee Omnicast VMS software and associated server infrastructure, ensuring adequate storage capacity and processing power to handle the video data. New Dell servers will be procured and configured to host the VMS software and provide reliable storage for video recordings. The VMS implementation will include configuring the server, installing the software, and setting up storage solutions. This phase emphasizes the importance of proper configuration and testing to ensure the system's functionality and reliability. 3.2.5Milestone for Payment: Equipment Delivery (20%)— • This milestone triggers the second payment upon successful delivery and verification of all necessary hardware and software components. It ensures that the city receives the agreed -upon equipment before malting further payments., 10 1:\mno\Agreements\CelPlan'rechnologies Inc Professional services Agreement FY24-0037.docx-ms 3.2.6Milestone for Payment: Start of Installation (20%)— This milestone triggers the third payment upon commencement of the physical installation of cameras, network equipment, and other infrastructure elements. It marks the transition from planning and procurement to the actual implementation phase. 3.3 System Configuration 3.3.1 VMS Configuration: Configure the VMS software according to the city's specific requirements, including camera settings, recording schedules, and user access levels. The configuration will ensure that the VMS operates optimally and meets the city's surveillance objectives. This phase highlights the importance of customizing the system to meet the specific needs and workflows of the city's users. 3.3.2 User Management: • Set up user accounts, access rights, and monitoring views based on the roles and responsibilities of different city departments and personnel. User accounts and permissions will be configured to maintain data security and control access to sensitive information. This aspect emphasizes the importance of data security and access control in a surveillance system. 3.3.3 Storage Management: Implement storage policies that define retention periods for video footage based on camera location and importance, ranging from 3 to 24 months. The storage policies will ensure that video data is retained for the required duration while optimizing storage utilization. This phase reflects the need for efficient data management and balancing storage requirements with cost considerations. 3.4 Integration 3.4.1 Camera Integration: Integrate existing compatible cameras into the new VMS platform, ensuring seamless access to live and recorded video feeds from all cameras. The integration process will involve configuring the VMS to recognize and communicate with the existing cameras. This phase emphasizes the importance of integrating legacy systems and maximizing the value of existing investments. 3.4.2 ACS Integration (future SOW): Ensure the VMS platform is capable of future integration with an access control system (ACS), allowing for centralized management of both video surveillance and access control functions. The VMS will be selected and configured to support seamless integration with an ACS when the city decides to implement one. This future integration capability reflects the importance of scalability and adaptability in 11 L\emo\Agreement3\Ce1P1w Technologies Inc Professional Services Agreement FY24-0037.doex-ms a long-term technology solution. 3.5 Training 3.5.1 Administrator Training: Provide comprehensive training to designated city staff on the configuration, management, and maintenance of the VMS system. The administrator training will cover advanced topics such as system configuration, user management, and troubleshooting. This training emphasizes the importance of knowledge transfer and empowering city staffto manage the system effectively. 3.5.2End-User Training: Conduct multiple training sessions for end -users from various city departments, covering system operation, video retrieval, and basic troubleshooting. The end -user training will focus on practical skills and knowledge required for day-to-day use of the system. This training ensures that all users can utilize the system efficiently and confidently. 3.5.3 Training Materials: • Deliver all necessary training materials, including user manuals, quick reference guides, and system documentation, to ensure users can effectively utilize the system. The training materials will serve as a valuable reference for users after the training sessions are completed. The acceptance testing will involve both functional and performance tests to ensure the system operates as intended and meets the city's expectations. The successful completion of this phase will mark the formal acceptance of the system by the city. 3.5.4Milestone for Payment: Training (20%) This milestone triggers the fourth payment upon completion of the first training session. 3.6 Project Acceptance and Completion 3.6.1 Acceptance Testing: • The acceptance testing is jointly executed between CelPlan and Customer's staff to test each system component and functionality creating an eventual punch list that needs to be resolved by CelPlan ASAP. Once the pending items on the punch list are resolved, the project is completed and delivered to the Customer for normal operation along with all related documentation. 3.6.2 As -Built Documentation: Provide detailed as -built documentation, including network diagrams, equipment inventories, and configuration settings, to facilitate future maintenance and upgrades. The as -built documentation will serve as a valuable reference for future system modifications and troubleshooting. This documentation ensures that the city has a clear and accurate record of the installed system. 12 19emo\Agreements\Ce1Plan Technologies Inc Professional Services Agreement PY24-0037.docx-ms 3.6.3 System Documentation: • Deliver comprehensive system documentation and user guides, covering all aspects of system operation, maintenance, and troubleshooting. The system documentation will empower city staff to operate and maintain the system independently. This documentation promotes knowledge transfer and self-sufficiency, reducing the city's reliance on external support. 3.6.4 Milestone for Payment: Completion (10%) • This milestone triggers the final payment upon successful completion of all project deliverables, including acceptance testing and documentation. It signifies the official handover of the system to the city. 3.7 Project Management 3.7.1 Dedicated Project Manager: Assign a dedicated project manager to oversee all aspects of the project, ensuring effective communication, coordination, and timely execution of tasks. The project manager will be the primary point of contact for the city and will ensure that the project is completed on time, within budget, and to the required quality standards. The project manager's role is crucial in ensuring the project's overall success and maintaining alignment with the city's goals and expectations. 3.7.2 Progress Reporting: Provide regular status reports to the city, detailing project progress, milestones achieved, and any potential issues or risks. The project manager will provide transparent and timely updates to the city, ensuring they are informed of the project's status and any potential challenges. Regular progress reporting fosters trust and transparency, keeping the city engaged and informed throughout the project lifecycle. 3.7.3 Project Meetings: Conduct regular project meetings with city representatives to discuss progress, address any concerns, and ensure alignment with project objectives and timelines. The project meetings will foster collaboration and ensure that the project remains on track and meets the city's evolving needs. These meetings provide a forum for open communication and collaboration, ensuring that the project stays aligned with the city's vision. 3.8 Ongoing Support 3.8.1 Warranty: Provide a one-year warranty on all installed equipment, covering any defects in materials or workmanship. The warranty will give the city peace of mind, knowing that any issues with the equipment will be addressed promptly. This warranty demonstrates the commitment to quality and provides assurance to the city that the system will be supported in the initial period after deployment. 13 Bcrao\Agreements\CelPlan Technologies Inc Professional services Agreement PY24-0037.doex-ms 3.8.2 Technical Support: Offer 24/7 technical support services to address any system issues or user inquiries promptly. The 24/7 technical support will ensure that any problems are resolved quickly, minimizing system downtime and disruptions. This ongoing support ensures that the city has access to expert assistance whenever needed, maximizing system uptime and user satisfaction. 3.8.3 Preventative Maintenance: Conduct regular preventative maintenance visits to ensure optimal system performance and identify any potential problems before they cause disruptions. Preventative maintenance will help to identify and address potential issues before they escalate, reducing the risk of system failures and costly repairs. This proactive approach to maintenance helps to extend the system's lifespan and ensure its continued reliability. 3.8.4 Software Updates: • Provide software updates and patches as needed to address security vulnerabilities, improve system functionality, and enhance performance. Regular software updates will help to protect the system from cyber threats and ensure it continues to meet the city's evolving needs. This ongoing support ensures that the system remains secure and up to date with the latest technological advancements. 3.8.5 Milestone for Payment: Maintenance and Support - Annual (100%) • This milestone triggers annual payments for ongoing maintenance and support services, ensuring the system's continued operation and optimal performance. This payment structure aligns the vendor's interests with the city's, incentivizing them to provide high -quality support and maintenance to ensure the system's longevity. 3.9 Final Project Report 3.9.1 Work Summary: Document all completed work, including a detailed description of the installed camera system, network infrastructure, and VMS configuration. The final project report will serve as a valuable reference for the city, documenting the proj ect's scope, deliverables, and achievements. This documentation provides a comprehensive record of the project for future reference and audits. 3.9.2 Equipment Inventory: Provide a comprehensive inventory of all installed equipment, including make, model, serial number, and location. The equipment inventory will facilitate future maintenance, upgrades, and replacements. This inventory ensures that the city has a clear and organized record of its assets. 14 I cmo\Agwcments\CelPlan Teclmologies Lic Professional Services Agreement FY24-0037.docx-ms 3.9.4 Performance Metrics: • Summarize the results of acceptance testing and provide system performance metrics to demonstrate the effectiveness and reliability of the new VMS solution. The performance metrics will provide evidence of the system's effectiveness in meeting the city's security and surveillance objectives. This reporting helps to quantify the project's success and demonstrate the value delivered to the city. This project scope of work outlines the key deliverables and responsibilities for the successful implementation of the City of Redlands' VMS replacement project. The project aims to provide a unified, reliable, and user-friendly video surveillance solution that enhances public safety, improves incident response, and supports future integration with an access control system. The project will be executed in accordance with industry best practices and project management principles, ensuring timely completion, cost-effectiveness, and high -quality deliverables. The proposed solution will leverage the Genetee Security Center platform, incorporating the Omnicast VMS for video management and the Synergis system for future access control integration. The wireless network infrastructure will be built using Cambium PMP 450v and Mimosa radios, providing high -bandwidth and reliable connectivity. New Dell servers will be deployed to host the VMS software and store video data. The project will replace 100% of the existing wireless network and up to 30% of the existing cameras, ensuring compatibility and optimal performance with the new VMS solution. 15 I:\emo\Agreements\CelPlan Technologies Inc Professional Services Agremnent FY24-0037.doex-ms Y U a it al 5i �rl ¢I Cd _0 '.. O° V Y .O T� CclC 00 I C G N ca i (4-4 � V) c�E a u I y !� O $ y oI 0.1 LL N e' � b I O � i a o C O a O a U yp "' Y 110 D 1 bIJ p'.. m N aj U U} 1 G "® U' 0 Cl. m 0 p I i � If L I I � C III o. N �I d, W �N iR 14 a x3 � °•-' EXHIBIT "C" SCHEDULE OF VALUES Find below the schedule of values during project implementation and maintenance and support phases. Note that the payment dates are tied to project completion milestones as illustrated on the Project Schedule in Exhibit B: Total project price: Table 1 Project Implementation Project Implementation and Maintenance Year 1 Description Itemization Amounts Materials (taxable) $534,339.69 Cameras $132,992.62 Infrastructure $401,347.07 Materials (non-taxable) $61,740.06 Software $61,740.06 Professional Services $313,030.26 Design/Engineering $36,639.00 Installation $195,195.36 Installation Cost $77,044.65 Project Management Cost $4,151.25 MSP Y1 $208,820.81 Tax $40,075.48 Total $1,158,006.29 Maintenance and Support Subsequent Years Description Amounts Materials non-taxable $12,489.46 MSP $219,261.85 Total Annual Subsequent Years $231,751.31 17 C\cmo\Agreements\CelPlan Technologies Inc Professional Services Agieement FY24-0037.docx-nrs Table 2 Schedule of Values Project Implementation and Maintenance Year 1 Milestone Description Percentage Materials Materials (non- Professional Tax Total taxable taxable) Services M1 Contract 30% $160,301.91 $18,522.02 $93,909.08 $12,022.64 $284,755.64 Signature/Design Review M2 Equipment 20% $106,867.94 $12,348.01 $62,606.05 $8,015.10 $189,837.10 Delivery M3 Start of 20% $106,867.94 $12,348.01 $62,606.05 $8,015.10 $189,837.10 Installation M4 Tminin 20% $106,867.94 $12,348.01 $62606.05 $8,015.10 $189837.10 M5 Completion 10% $53433.97 $6174.01 $31,303.03 $4,007.55 $94918.55 MSP Y1 Maintenance and 100% $0.00 $0.00 $208,820.81 $0.00 $208,820.81 Support - Annual Total $1 158 006.29 Maintenance and Support Subsequent Years Milestone Description Percentage Materials Materials non-taxable Professionaltaxable Services Tax Total MSP Y2 Maintenance and Support - 100% $0.00 $12,489.46 $219,261.85 $0.00 $231,751.31 Annual MSP Y3 Maintenance and Support - 100% $0.00 $12,489.46 $228,531.90 $0.00 $241,021.36 Annual MSP Y4 Maintenance and Support- 100% $0.00 $12,489A6 $234,557.44 0.00 $247,046.90 Annual MSP Y5 Maintenance and Support - 100% $0.00 $12,489.46 $240,733.61 0.00 $253,223.07 Annual Notes on Pricing: 1. Validity: This proposal is valid for 180 days from the due date of the proposal. 2. Payment Terms: Proposal pricing is based on CelPlan's standard payment terms (Net 30) as follows: a. 30% upon Contract Signature/Design Review b. 20% upon Equipment Delivery c. 20% at the Start of Installation d. 20% upon Training e. 10% upon Completion f. 100% of Annual Maintenance and Support 3. Charges: Services, maintenance, and software charges (including applicable taxes) are based on items provided as part of the baseline proposal. Charges may need to be adjusted based on selected options, if applicable. 4. Assumptions: The statement of work and assumptions outlined in this proposal apply to this offer; any changes to these assumptions may impact the price or offer accordingly. 18 lAcmo\Agreements\Ce1P1m Technologies lee Professional Services Agreement PY24-0037.docx-ms 5. Equipment Counts and Installation: Final equipment counts, and installation services will be determined jointly with the customer during the design review. 6. Customer -Provided Equipment: Workstations and monitors will be provided and configured by the customer. 7. Warranty: The entire system includes standard and extended equipment manufacturer's warranty. An optional Maintenance Support Plan can be offered and acquired by the customer, limited to parts provided by CelPlan Technologies for the purchased period. 8. Maintenance Support Plan (MSP): The MSP is an end -to -end service that includes troubleshooting, labor, parts, and equipment needed to keep the system operational. 9. The MSP is offered as a Maintenance and Support line item on the pricing form. 10. Remote Access Requirement: The maintenance and support terms, including the proposed price, assume that CelPlan will have remote access to troubleshoot all systems. This is a mandatory requirement. 11. Liability Disclaimer: CelPlan will not take any responsibility for damage due to misuse, mishandling, accidents, purposely inflicted damage, vandalism, natural disasters, etc., from the time of delivery to the customer site, regardless of system acceptance. The customer is responsible for appropriate insurance or repair/replacement costs. CelPlan will charge the customer for any repair and/or replacement components, and associated services. 19 C\emo\Agreements\CelPlan Teolmologies Inc Professional sewices Agreement FY24-0037.dccx-1ms EXHIBIT "W EXCLUSIONS 6 Exclusions 6.1 Exclusions and Additional Terms: • Equipment Damages: Any damages to equipment are not covered. Permits: The cost of permits is not covered under this proposal. Project Delays: Delays outside of the vendor's control are not covered and will be charged on an hourly basis. 6.2 Maintenance and Support Plan (MSP) Exclusions: • Non-CelPlan Components: For any issues reported that do not pertain to CelPlan-provided components or equipment maintained by CelPlan, the Customer will be charged at standard or overtime hourly rates, with a minimum charge of four (4) hours. • Exclusions from Maintenance: The scope of maintenance services excludes damage or loss resulting from natural disasters, weather -related events, accidents, theft, intentional damage, lightning, vandalism, electrical services, and the installation of polehardware. • Liability Disclaimer: CelPlan disclaims any liability for damage resulting from misuse, mishandling, accidents, intentional acts, vandalism, natural disasters, or other causes from the time of notice of completion of services. The Customer is fully responsible for the cost of appropriate insurance coverage and any repair or replacement expenses. CelPlan will invoice the Customer for the cost of repair and/or replacement components, as well as associated services. 6.3 System Assumptions: The system design assumes the reuse of existing network components and other city infrastructure that were originally part of the security network or city network. This assumption is made to optimize resources and reduce costs for the city by avoiding the purchase of new equipment. Any equipment that is currently in place and can be effectively reused is expected to be available and in working condition. If the existing equipment cannot be reused, additional costs for new resources may be incurred. 20 I:\emo\Agreements\CeIPIan Technologies Inc Professional Services Agreement PY24-0037.doex-ms EXHIBIT "B" STANDARD SUPPORT TERMS, STRUCTURE, AND PROCEDURE 7 Standard Support Terms, Structure and Procedure 7.1 Maintenance and Support Terms 7.1.1 Maintenance Plan Summary Celplan's Standard Comprehensive Maintenance and Support Plan includes the following main features: • Warranty of all CelPlan-provided equipment during maintenanceperiod • On -site (corrective) services • Complete technical support service for all maintenance activities (phone calls, emails, visits, repairs, equipment rentals) • Replacement parts • Maintenance of local spares (at discretion of CelPlan) • Preventative maintenance (inspection, cleaning) • Software patches and upgrades (if applicable) • Remote network health monitoring and diagnostics services (based on availability of VPN and suitable remote access) 7.1.2 Preventative Maintenance CelPlan will perform weekly remote monitoring and diagnostics of the network to assure overall systems health (including verification of system bandwidth, redundant component failures - such as hard -drives, switches, power supply units, and UPS). If problems are detected, CelPlan will create a case number and report the Customer about the detected problem, and our resolution plan. Secondly, CelPlan shall also perform periodic (annual at minhnum) system field checks. Additionally, once per year, CelPlan shall perform a camera (lens) cleaning service for the CelPlan provided outdoor cameras. CelPlan shall perform Software/Firmware updates on all components as required (semi-annually at minimum, if applicable). 7.1.3 Problem Reporting A 24x7 customer service number and email address are available to report issues and create incident tickets. Detailed problem reporting procedure will be provided to the Customer at contract signature. 7.1.4 Problem Resolution Tracking Based on received problem report, a case number will be assigned to the incident reported for mutual tracking purposes, with an acknowledgement provided to the Customer's assigned points of contact. Upon problem acknowledgement, the problem level will be assessed, upon which a resolution plan will be defined, and communicated to the Customer. Upon problem resolution, a notification of problem closure will be provided to assigned points of contact with the Customer. 7.1.5 Problem Definition Using a tiered problem structure, we recognize three major categories of problems as follows: 21 I:\emo\Agreements\CelPlan Technologies Inc Piofessional Services Agreement FY24-0037.docxans • Level 1: Emergency problems, including overall network outage or server outage, and backhand outage. • Level 2: Problems affecting a portion of the network, with lack of access to camera(s). • Level 3: Minor problems, affecting one carriers unit, or a servicing requirement that does not immediately affect operation (such as failures in redundant components of the network). 7.1.6 Response Time Adjusted to the problem level, the following standard response time targets are provided. In addition, case by case, CelPlan will collaborate as much as possible to adjust the response time to specific Customer needs in terms problem resolution and response time. • Level 1: CelPlan targets to start on-line / remote diagnostics and resolution services within 4 business hours from problem reporting. In parallel, if required, CelPlan targets to mobilize the field team to target 24 business hour resolution. • Level 2: CelPlan targets to start on-line / remote diagnostics and resolution services within 8 business hours from problem reporting. In parallel, if required, CelPlan targets to mobilize the field team and resolve within the next 2 business days. • Level 3: CelPlan will provide problem acknowledgement within 8 business hours, and targets to start on- line / remote diagnostics and resolution services within 2 business days from problem reporting. In parallel, if required, CelPlan targets to mobilize the field team within 4 business days. • Level 4: Third party related interruptions. Resolution time shall be identified on a case -by case basis. 7.1.7 Escalation Procedure In addition to the standard support structure, CelPlan provides a (multi -tier) reporting escalation procedure to provide flexibility for specific cases, and immediately address problems or concerns regarding maintenance. 7.1.8 Spares and Equipment Replacement Several spare items may be maintained locally or proximity of maintained site(s) at CelPlan's discretion. 7.1.9 Exceptions For any reported problems not pertaining to CelPlan provided components or CelPlan maintained equipment the customers will be charged standard / overtime hourly rates with minimum 4-hour charge. Maintenance excludes natural disasters, weather related damages, accidents, theft, inflicted damages, lightning, and vandalism. CelPlan will not take any responsibility for damage due to misuse, mishandling, accidents, purposely inflicted damage, vandalism, natural disaster, etc., from time of notice of completion. The Customer will be responsible for cost or provisioning of appropriate insurance or repair/replacement costs. We will charge the Customer for the repair and/or replacement components, and associated services. 7.2 Procedure Call support phone number(s) (see page 3) to explain the problem (during business hours). Depending on importance/urgency, 1 st tier and/or 2nd tier number(s) can be used. (Leaving message is optional.) In case the phone is not answered or outside of business hours, always immediately send an 22 t:\cmo\Agreements\CelPlan Technologies Inc Professional Services Agreement FY24-0037.docx-ms e-mail to wi4netsupport@celplan.com to describe the problem. CelPlan targets to acknowledge receipt of the request with a phone call and/or email within the subsequent 4 business hours. CelPlan to provide a status update and plan for resolution within 24 hours. CelPlan or partner field personnel will notify the monitoring staff (by phone) before field visits to notify such visit. Once the resolution is achieved, CelPlan will provide a phone call or email in order to provide the completion status. In situations where vandalism is suspected and/or reported, the procedure is for our field team to remove the parts and send them to the manufacturer for full assessment and then based on their report a recommendation (and eventual quote) is sent to the customer where an approval is required for CelPlan's team to replace/reinstall components or complete nodes. 7.2 CelPlan Support Main CelPlan support line is available 24/7: E Phone numbers:(877)840-0734 or(703)259-4040 • Email address: wi4netsupport�a c, elulan.com 7.3 CelPlan Escalation Procedure For emergencies and report of structural support problems, the following additional CelPlan contacts are provided: Paulo Lcite (COO): (703)259-4025 / paulo rilcclolan.com Leonhard Korowajczuk (CEO/CTO): (703)259-4022 / leonhardcelolan.coni 23 1Acmo\Agreements\CelP1an Technologies Inc Professional Services Agreement FY24-0037.docx-ms EXHIBIT "Y' GENETEC GLOBAL & PRIVACY POLICY 7.4 Genetec Global Privacy At Genetec, we are committed to protecting our customers' personal data. This document will help you understand how we collect, manage and use their and their users' personal data as part of our provision of our products and services to you. In essence, we (Genetec Inc., together with our affiliates, licensors, partners and contractors, including their respective successors and assigns, referred to as "Genetec", "we", "us" or "our") need to collect certain personal data about our customer (either you as an individual, or the legal entity that you represent, or for the benefit of which you are agreeing to these terms and have the full power and authority to bind contractually, as applicable; referred to as "Customer", "you", "your" or "yours") in order to be able to provide such Customer and/or its employees or other authorized users acting on its behalf (each a "user") with our products. We promise to work hard to preserve the integrity and the security of Customer's information (including that of its users) under our control. We will only use Customer's data in a manner consistent with this privacy policy, and will not share it with anyone for any other purpose. In this document, the expression "personal data" means any information relating to an identified or an identifiable natural person. Such information may include, for example, the person's name, address, contact information (such as telephone numbers or email addresses), age, and gender. We further use the term "product" to refer to any product, service, solution or other offering made available by Genetec. WE STRONGLY ENCOURAGE YOU TO CAREFULLY READ THIS DOCUMENT. YOUR (INCLUDING YOUR USERS') USE OF OUR PRODUCTS WILL MEAN THAT YOU ARE AWARE OF THE COLLECTION, STORAGE, USE AND DISCLOSURE OF PERSONAL DATA IN THE MANNER DESCRIBED IN THIS DOCUMENT. 1.Why we need to collect personal data We need to collect certain personal data to better understand Customer's needs and preferences, and to provide our products to Customer and its users. Additionally, we may rely on such personal data to contact Customer regarding Customer's GenetecTm account, upcoming changes, improvements, software updates and upgrades, as well as to improve the effectiveness of our offerings, to conduct research, analysis and other business activities, as further explained in this privacy policy. In any event, the personal data will not be used, made available or otherwise disclosed for purposes other than those specified herein, unless we obtain Customer's prior approval or are required to do so by law. 2. What kind of personal data may be concerned General We make available a variety of products, any combination of which may be procured by Customer. Consequently, the scope and nature of information collected by us varies based on the products used by Customer. In any case, we access and collect personal data only to the extent necessary to ensure that Customer can access and use the products that it has procured. We may further collect information to identify and associate Customer with its Genetec account. This includes Customer's name, contact information, including mailing address, email addresses of certain users entitled to access and use the products for or on behalf of Customer, as well as other unique identifiers attributed to Customer (including its users) by us or by other service provider, as the case may be. Additionally, we may collect and store personal data that Customer (including its users) chooses to provide to us, at its sole discretion, without us requiring it to do so. This may occur, for example, where you 24 I;\cmo\Agreements\Ce1P1an Technologies Inc Professional Sewices Agreement FY24-0037.doex-ms disclose certain personal data to us when you contact us, or when you choose to stare certain personal data in our products as part of your use of such offerings. Please refer to relevant product privacy sheets for more information on the personal data that is collected and processed by us in relation to such product. Personal data collected in relation to our products Generally, our products may be grouped in four categories: on -premise software, cloud services, hybrid products and mobile applications. Below, you will flint an overview of the type of information that may be collected and processed by us in relation to your use of our products. However, we encourage you to refer to the relevant product privacy sheet to better understand what information may be collected and processed by us in relation to your use of such product. The first category combines our software products that are installed on infrastructure provided by or on behalf of Customer. In these cases, all personal data remains stored in the Customer's systems, and will not be shared with Genetec. Customer may, however, for its convenience, choose to enable the automated modules — known as the Genetec Update Service (GUS) and the System Availability Monitor (SAM) — which would respectively allow Customer, among other things, to receive automated software and firmware updates, security notifications, and other relevant nonmarketing content, and monitor the status of their physical security infrastructure. These modules, when enabled, will monitor and send to our systems information pertaining to the configuration, status and health of software and hardware associated with your installation of our on -premise products. The second category groups cloud products that are hosted on systems made available by us. The extent of personal data that may be collected and processed by us as part of our cloud products will vary based on the type of cloud product being used. Our hybrid products category represents products that are generally installed on infrastructure provided by or on behalf of Customer (with all of the personal data being hosted on -premise, as outlined above), but additionally require an intemet connection to ensure that Customer holds a valid subscription to use such hybrid product. We may also make available certain mobile applications to Customer in relation to its use of our products. Generally, our mobile applications are an extension of Customer's other Genetec products. Our mobile applications only collect and send to our systems a limited set of information, which includes hardware and operating system information, web browser version, certain anonymous usage data, as well as the mobile device's geographic location. All other information remains stored on the mobile device or in the relevant Genetec product. Personal data collected in relation to Customer accounts When you create a customer account with us in association with any Genetec product, we will require you to submit to us certain personal data to identify you (including your users) as the holder of such customer account, but also to protect information associated with your customer account from unauthorized disclosure. Such personal data may include, but is not limited to, Customer full name, user full name, address, contact information, you Genetec account username and password. It is your responsibility to provide all necessary information to and obtain all relevant approvals and consents from all your users in relation to their access and use of our products. Personal data collected in relation to support services 25 l:\cmo\Agreements\Cc1Plan Technologies Inc Professional Services Agreanent PY24-0037.docx-ms When Customer contacts us, whether by phone, chat, email, through our websites or otherwise, we may keep a record of such communications to help solve issues that Customer might be dealing with, but also for training, quality assurance and statistical purposes, as well as to improve our products. Please note that we may aggregate personal data to generate various performance, analytical and statistical data, as well as to develop new products. When we do so, we ensure that such information becomes anonymized and may no longer be associated with an identifiable individual. Personal data collected via our websites When you visit our websites, we may collect certain information automatically from your device. In some countries, including countries in the European Economic Area, this information may be considered personal data under applicable data protection laws. Specifically, the information we collect automatically may include information like your IF` address, device type, unique device identification numbers, browser - type, preferences, broad geographic location (e.g. country or city -level location) and other technical information. We may also collect information about how your device has interacted with our Website, including the pages accessed and links clicked. Collecting this information enables us to better understand the visitors who come to our website, where they come from, and what content on our website is of interest to them. We use this information for our internal analytics purposes and to improve the quality and relevance of our website to our visitors. Some of this information may be collected using cookies and similar tracking technology (collectively, "Cookies"). We use cookies to collect and use personal data about you. For further information about the types of Cookies we use, why, and how you can control Coolies, please see our Cookie Notice. 3. Who may have access to personal data At Genetec, we recognize and respect the importance of protecting our customer's personal data. Keeping personal data in strict confidence is a core part of our commitment to service excellence. We do not sell or rent any personal data to any third party. However, to provide Customer with our products, we may share Customer's personal data with our affiliated companies, parent entities and subsidiaries, for internal business purposes, as well as with our partners acting on our behalf in relation to the provision of such products. As many other service providers, we use third party partners' help in some aspects of our business operations, which, in some cases, involves processing or handling of Customer's personal data. However, before we do so, we take appropriate measures to safeguard personal data, and to ensure that it is used only in a manner consistent with this privacy policy. These measures also include protecting personal data within our organization. Such information may only be accessible by those employees, agents, representatives and contractors of Genetec who need to know such information as part of their duties. We further ensure that our employees, agents, representatives and contractors perform their duties in a way compatible with the terms and conditions described in this document. We may be required to disclose information that we have on Customer and its users (including its and their personal data) to governing and law enforcement authorities, including where required by law, a court order, or by other legal obligations that we may have in any jurisdiction. 4. How we protect personal data 26 I:\emo\Agreements\CelPlan Technologies hic Professional Services Agreement FY24-0037.docx-ms We work diligently to maintain administrative, technical and physical controls consistent with industry best practices to protect Customer's personal data against unauthorized access or use. We leverage industry -leading technologies, including server authentication and data encryption, to protect personal data during transit over the internet and at rest. 5. Where personal data may be processed While our global headquarters are based in Montreal, Canada, Genetec, together with our partners and affiliated companies, operate in various locations worldwide. As a result, we may store or otherwise process personal data in many places around the world, including outside the state, province or country where Customer is located, in which case personal data may become subject to foreign laws, and, therefore, may be available to the governing authorities under local laws and regulations. We will use various legal and contractual means to ensure that data transfers are done in compliance with applicable laws and industry best practices. In certain cases, we may enable Customer to choose the location of data centers where we will store Customer's personal data. Please note that the availability of choice of data center locations varies based on the product, as well as on Customer's geographical location. If Customer is a resident of the European Union (EU) or the European Economic Area (EEA), we make sure that his/her personal data is transferred to third countries outside the EU/EEA that are deemed "adequate" by the European Commission (a list of adequate countries is available here). Alternatively, where your personal data is not sent to a country that provides adequate protection, we will put in place appropriate safeguards to ensure that your personal data remains protected while it is being processed outside the EU/EEA in accordance with applicable privacy laws. These appropriate safeguards may include signing the European Commission's Standard Contractual Clauses with the group entity, third party service provider or partner outside the EU/EEA with whom we share your personal data. For further information about transfers of personal data, please refer to the "How to contact us" section below. 6. Keeping personal data accurate and up-to-date We rely considerably on your personal data to ensure that we provide Customer with the best possible experience. It is, therefore, important that your personal data available to us remains up to date. As such, if you notice that fhe information that we have on Customer in our files is no longer accurate or is incomplete, we strongly encourage you to contact us with the most current information. Not doing so may, in some cases, affect our capacity to deliver to our products. Note that before updating Customer's personal data, we may ask you to verify your identity before we can act on the request. 7. Retention of personal data Customer's personal data will be stored in accordance with our retention policies and processes. We will keep Customer's information only for as long as it is necessary for us to fulfill our obligations. Thereafter, we will put necessary efforts to permanently dispose of your personal data, unless we are required to keep it for legitimate business or legal purposes. 8. Legal basis for processing personal data The legal basis for collecting and using the personal data described above will depend on the personal data concerned and the specific context in which we collect it. However, we will normally collect personal data from you only where we have your consent to do so, where we need the personal data to perform a contract with you or to comply with applicable laws, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. 27 I:\emo\Agreements\CelPlan Technologies Inc Protessional Services Agroement FY24-0037.docx-ms If we ask you to provide personal data to comply with a legal requirement or to perform a contact with you, we will make this clear at the relevant time and advise you whether the provision of your personal data is mandatory or not (as well as of the possible consequences if you do not provide your personal data) Similarly, if we collect and use your personal data in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are. In other situations, Customer (including its users) must always give us clear consent for the collection, use and processing of personal data in order for us to do so. This can be done in several ways, for example, by phone, chat, email, by click of a button, or other similar means. Occasionally, a Customer may give us access to, or provide us with, additional personal data which may be necessary to enable us to provide our products to Customer. This may, for example, happen when Customer chooses to enable a relevant feature in a product. In such case, we will treat such personal data in accordance with the terms of this privacy policy and the applicable laws. When Customer procures or uses our products, Customer acknowledges and agrees that Customer has the necessary authority and all relevant consents (including those that may be required from its uses) to transfer such personal data to us, and allow us to treat such personal data in accordance with this privacy policy. 9. Minors The products that we provide are not intended for individuals below the age of 18. If you are under 18, please do not provide your personal information to us. 10.Openness and accountability Within Genetec, our privacy team is responsible for our security and privacy -related matters, including the application of this privacy policy. He and his team oversee training of our staff to ensure security compliance and to raise privacy awareness. Security, transparency and integrity are among the key values at Genetec. We will gladly answer any questions or concerns that you may have with respect to your privacy or the security of your personal data, or if they wish to request a correction of your personal data in our custody or control. Please do not hesitate to reach us by visiting the "contact us" section of our website. 11. Your data protection rights You have the right to request access to, and obtain a copy of, your personal data. You may also request that any personal data that is inaccurate or incomplete be rectified or completed. Note however that, in some cases, we may not be able to provide you access to your personal data. This may occur when providing such access would be likely to impact the privacy or the security of a third party, or for other valid reasons in accordance with applicable laws. In these events, we will advise you in writing of the grounds of our decision. Under certain legal conditions (for example, where the personal data is no longer needed to achieve the purposes for which the information was initially collected) you may request that your personal data be erased. In addition, you may object to the processing of your personal data, ask us to restrict processing of your personal data or request portability of your personal data under certain legal conditions. 28 1Acmo\Agmcments\Cc1P1a1i Technologies Inc Proressiowl Services Agreement FY24-0037.doex-ms In situations, other than those outlined above in this section, where the processing of your personal data is based on your consent, you have the right to withdraw your consent at any time. Please note, however, that withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal data conducted in reliance on other lawful processing grounds (such in relation to your account or use of your products under a contract). You also have the right to opt -out of electronic marketing communications that we may send you at any time and free of charge. You may exercise this right by clicking on the "unsubscribe", "opt -out' or other similar links in the marketing e-mails that we may send you. To opt -out of other forms of marketing (such as postal marketing or telemarketing), please contact us using the contact details provided under the "How to contact us" heading below. However, we may still contact you using your contact information for example to share important technical or functional information relating to your account or use of our products. If we are unable to resolve an issue to your satisfaction, you may choose to request assistance from, or submit a complaint to, the privacy authorities, such as the Privacy Commissioner of Canada, who may be contacted at 1-800-282-1376 You may exercise any of the rights described above at any time by contacting us as described under the "How to contact us" section below. We will respond to your request in accordance with applicable data protection laws. 12. How to contact us If you have any questions, concerns or complaints about this privacy policy, or the way we process your personal data, or if you want to exercise your rights as described above, please contact our Data Protection Officer and our privacy team by email at privacy@genetec.com, or by postal mail at the following address 2280 AlfredNobel Blvd., Suite 400, Montreal, QC, 114S 2A4, Canada. . 13. Updates to this privacy policy Continuous improvement of our products is key to our goal to providing our customers with the most innovative and relevant solutions. We, therefore, continuously implement new technologies and improving our processes, software and services, which may require us to update this privacy policy from time to time, without prior notice. However, if we make any major changes to our privacy practices, we will publish a relevant notice on our corporate website. The revised version of this document terms will take effect as soon as it is made available on our website with regards to all new customers. If any revision to this policy outlines any material changes to the way that we use or otherwise process any personal data, we will provide a more prominent notice. Where applicable, we will also provide Customer with instructions on how to opt in to or opt out from our new products, or communications. Note that some aspects of our products may not be available to Customer if Customer chooses to opt out from certain communications. This privacy policy has been last updated on December 4, 2019. Please note that this version takes into account the provisions of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). 29 E\emo\Agreements\CelPlan Technologies Inc Rufessional Smices Agreement FY24-0037.doex-ms 7.5 Genetec Privacy Policy Product Privacy Sheet - GenetecTM Security Center This document is a supplement to the Genetec Privacy Policy and applies to the following Genetec product: GenetecTM Security Center. December 4, 2019 This document is a supplement to the Genetec Global Policy available above (Section 7.4) and applies to the following Genetec Product (the "Product"): GenetecTM Security Center. Overview As part of your use of the Product, you (either you as an individual, or the legal entity that you represent, as applicable; referred to as "you", "your" or "yours"), or your users, may upload, receive or generate certain information or data ("Data"). This document outlines what type of Data is concerned and to what extent Genetec (also referred to as "we", "us" or "our") may access, store, use or otherwise process (referred to as "processing", "process" or other similar words) your Data. Deployment environment Please keep in mind that the Product deployment environment may impact the scope of Data processing. It is therefore essential to determine how the Product will be deployed in order to fully understand the implications of Data access. The deployment in a "Local Environment" means that the Product is deployed in an infrastructure not provided by Genetec, all Data is stored in the data hosting systems and servers provided by you and is not made available to Genetec except as outlined in this document. The deployment in a "Cloud Environment" means that the Product is deployed in the hosting environment provided by Genetec (and hosted by Microsoft Azure in its secure Azure data centers). The environment will normally contain the data of other Genetec customers, but each customer's respective Data is logically segregated so that no one single customer may see or access other customers' Data. Your Data will not be visible to any other customer using their instance of the Product from the same Cloud Environment. When the Product is provided in a combination of a Cloud Environment and a Local Environment, we refer to such deployment as a Hybrid Environment. In these cases, the accessibility of the Data will vary according to the design of the deployed Product. Please refer to the description of Data use cases above to determine how such Data will be processed by us. What type of Data will be captured by the Product? Common components Directory The Security Center Director ("Directory") is the component of the Product that manages all system configurations, settings and other Data listed below, which will all remain in the Product until it is deleted. User Data: The Directory is responsible for the authentication of all user connections and, as such, will capture user identifiers to uniquely identify authorized users. This includes their name, e-mail address, and contact information that is configured in the Product. Additionally, the Product keeps a record of all user activities as part of its audit trail, which may also include changes to the system configuration made by each 30 I:\cmo\Agreements\Cc1P1an Technologies Inc Professional Services Agreement FY24-0037.docx-ms user. By default, this Data is stored for a period of 90 days, but you may disable its capture Usage Data: The Directory captures certain non -personal statistical and usage Data, such as the user action type, the type of capture (manual or automatic), and so forth. Usage Data does not contain any of your personal or confidential Data. System configuration: Various Data regarding your configuration settings will be captured by the Product through the Directory, such as the operating system language used, your Product identification, the version of the Genetec products installed on your device, and so forth. GUS and SAM The Product includes two connected services that you may enable at your discretion: GUS and SAM. The first, the Genetec Update Service (GUS), enables you to update your Product when a new release becomes available to you. Among other things, GUS allows you to receive automated software and firmware updates, security notifications and other relevant non marketing content. To do so, GUS collects Data about your system usage, comprised of directories, roles, units, entities that you have in your security system and their availability (up and down times), which does not contain any personal information. The second, the System Availability Monitor (SAM), allows your system administrators (which may include your system integrator) to have a general overview of the status and availability of any security systems connected to the Product. To do so, SAM will use the same Data as collected by GUS to compile statistics on the availability and health of the Product, such as the uptime percentage, the average time between errors and the average time an entity takes to come back online. SAM requires an active subscription to Genetec Advantage program to operate. To facilitate proactive support and improve communication, GUS and SAM are configured to allow Genetec to receive Data described above by default. You may choose to enable GUS and SAM on an anonymous basis, meaning that all the Data submitted to Genetec will be kept in an aggregate manner with the like Data from other Genetec customers and we will not be able to identify you as the source of such Data. You may also select to disable GUS and SAM, in which case no Data will be collected. Please note, however, that these last two options might limit some of the respective service's capabilities. Optional components As the Product is a modular platform, you need to obtain a license to use one or more of its optional components to fully leverage the capabilities of the Product. The Data collected by the Product will vary depending on the component covered by your license, as described below. Omnicastrm Omnicast' m is our video management system, the core function of which is to record and enable you to manage video footage from your connected cameras. Omnicastrm is only available for deployment in Local Environments and, as such, none of the Data listed below will be made available to Genetec. Video recording and metadata: The Product captures video recording fiom each camera enrolled in the Product, including the associated metadata, including timestamps, geolocation, and so forth. Device Data: The Product will also capture Data on the connected cameras, such as their respective name and model. This information will also be used by the Product to recommend and make available to you firmware updates available for such cameras, where the feature is supported. AutoVUTM 31 1:\tiro\Agmemmts\CelPlan Technologies inc Professional Services Agreement FY24-0037.docx-ms AutoVuTM is our automatic license plate recognition system. AutoVuTM works natively with our AutoVuTM Sharp cameras. These cameras are designed to capture relevant Data allowing you to use them with AutoVuTM, Genetec PatrollerTM and/or Genetec Motoscatirm systems. To provide protection against system or network failures, these devices are designed to capture, and store internally, license plate identification, images and metadata (including fimestaraps and the geolocation) until such Data is offloaded. Below is a list of the Data collected and stored as part of your use of AutoVuTM, irrespective of the infrastructure in which you deploy the Product. AutoVuTM systems are available for deployments in Local, Cloud or Hybrid Environments. Additionally, the Data collected as described below is stored according to the retention periods you define, which may vary depending on the type of Data. License plate identification: The Product will capture and recognise all license plate identification to enable you to geographically locate the vehicle identified using the Product. This includes the license plate number and the state / province / country of issuance. Images and metadata: The Product further captures images of a vehicle identified using the Product, as well as the associated image metadata, such as the vehicle's make and model, its speed, relative motion and the like. This may include images of the license plate of the vehicle, the vehicle itself and images of the surrounding areas, which may include images of individuals passing by at the time the images were captured. Device Data: The Product captures device Data on the AutoVuTM Sharp cameras connected to your AutoVuTM system, including the name and model of the connected cameras. The Product will further capture unique device identifiers on devices used to capture the Data of the vehicle identified using the Product, which may include unique identifiers of cameras, computers, sensors and other hardware or software used to capture and process such Data as part of the use of the Product. Event Data: Based on your configuration of the Product, it will use the license plate identification, images and metadata (as described above), as well as the time when the captured event occurred and its geolocation to generate Data related to the event, such as parking sessions information and parking ticket transactions. You may also choose to import additional Data into the Product, such as permit lists and hot lists. With this imported Data, you can further configure the Product to handle events to include whether a vehicle is being looked for or not, whether a permit is valid or not, the capacity of the parking lot visited, descriptive information of vehicles you are looking for, and so forth. Genetec PatrollerTM and Genetec MotoscanTM Just like AutoVuTM, Genetec PatrollerTM and Genetec MotoscanTM are our specialized license plate recognition software. However, Genetec PatrollerTM is intended for in vehicle deployments only, while Genetec MotoscanTM is intended for deployments on scooters and similar mobile vehicles. Genetec PatrollerTM and Genetec MotoscanTM may connect to your instance of AutoVuTM but are designed to be autonomous and disconnected. Depending on your needs, you can therefore choose to store all Data locally, until offloaded into AutoVuTM License plate Data: The Product will capture the same license plate Data as captured by AutoVuTM and described above. Event Data: The Product will capture the same event Data as captured by AutoVuTM and described above. Configuration settings: The Product will collect various information regarding its settings, such as whether the Product is configured for traffic or law enforcement purposes, and the version of the Genetec PatrollerTM used. 32 1:\cnio\Agreemenfs\CcIPlan Technologies Inc Professional Services Agrecnnent FY24-0037.doex-ms IP address: Finally, the Product will share its IP address with your instance of AutoVurm, and vice -versa, to ensure that the two systems interconnect to enable you to offload your Data from Genetec PatrollerTM to AutoVuTM .SynergisT SynergisTM is our access control system and allows you to control people access and flow on your site. Permanent users and visitor Data: To allow you to configure access rights, the Product will collect various Data about the individuals to whom you grant such access rights, whether they are permanent users (such as your employees or contractors) or visitors. This includes the first and last name of these individuals, as well as any other attributes that you choose to enter to identify a person. Depending on your choice, these custom fields may include personal Data. This Data will be stored in the Product until you decide to delete it. Access history: The Product will collect Data regarding the access history of a permanent user or a visitor, such as the places visited, the check -in and check-out time, if an access was denied or granted and the reason for the denied access, and so forth. By default, access history Data will be kept in the Product for a period of 90 days, but you may choose a different retentionperiod. Device Data: To leverage the Product and associate access rights with entry points, various Data related to the devices and the physical location they control will be collected, such as the name and model of the door sensors, the name of the access control readers, the format of the access cards, the door name, the name of an area or a zone, and so forth. FederationTM FederationTM allows you to connect multiple Security Center installation instances that you use to secure your premises into a single virtual system. FederationTM allows you to use individual instances of Security Center to view, manage and control remotely other compatible Security Center installation instances forming part of your virtual system. FederationTM does not store any Data, but solely allows remote access and transfer of your Data between interconnected Security Center instances forming part of your security infrastructure. However, certain Data related to your federated systems will be retained in the Directory of your local Security Center system, such as the name of your connected cameras, and other non -personal Data. In the case of SynergisTM, a copy of your Permanent users and visitors Data (as defrled above) will also be stored in the Directory. The retention period for this Data is configured by you. Genetec CitigrafrM Genetec CitigrafrM enables you to connect sensors and other data sources to have a centralized view of your operations. It solely allows remote access to Data from connected sources and is not designed to store any of that Data. Genetec CitigrafrM may, however, allow you to retain the geolocation and timestamps for events that you choose to track to improve event searching capabilities. Genetec Citigraf rm is only available for deployment in Local Environments. Genetec Mission ControlTM Genetec Mission ControlTM is our collaborative decision management system. Available for deployment only in Local Environments, Genetec Mission ControlTM remotely accesses Data from connected sensors and security devices to guide your security team to follow your organization -specific processes when an event (such as an incident) occurs. 33 I:\cmo\Agreements\CelPlan Technologies Inc Professional Services Agreement FY24-0037.docx-ms Genetec Mission ControlTM allows remote access to Data from connected sources and is not designated to store any of that source Data. Incident Data: To allow for efficient incident management, the Product will collect various Data related to each captured incident, including the time at which it occurred and the source of the event. This Data will be retained in the Product for a period of 90 days by default, but you may choose to define a different retention period. Operator performance Data: You can further monitor the performance of your operators and the actions taken to resolve the incident. As such, the Product will therefore retain the time to response and the time to resolution to each incident. Plus, the Product allows you to pre-set questions to be answered by your operators and provides a section should you or your operations wish to add comments in relation to a specific incident. This Data will be retained in the Product for a period of 90 days by default, but you may choose to define a different retention period. SipeliaTm SipeliaT allows you to make, receive and manage session initiation protocol (SIP) based voice and video calls over a network. AudioNideo recording and metadata: To allow you to manage your calls, either to answer them, forward them or put them on hold, the Product will capture various Data related to the calls received. This includes the audio and video recording of the call, the call start and end time, the call type, the call state, and so forth. By default, this Data will be kept for a period of 30 days, but you may choose a different retention period. The Product also allows you to solely retain video or audio content, or none, as part of your retention configuration. Device information: The Product captures Data related to the devices connected to it, such as the name of the intercom, the intercom extension, and so forth. This Data is captured to allow you to generate reports based on your needs. Third -Party Software and Plugins The Product further allows you to connect to compatible third -party software, hardware and plugins in order to import Data into the Product. Therefore, depending on your configuration and these third parties' policies, your Data may be accessible to them. In this event, such access is subject to their own terms and conditions and is expressly excluded from the scope of this document. The same applies to the various add-ons that you can procure to complement the Product, which are not covered by this document. Data access Your Data may be accessed only by the authorized system administrators (which may include your system integrator) and users with appropriate access privileges, as defined by you. To the extent that you deploy the Product in a Local Environment, no Data will be made available to Genetec, except for GUS and SAM, when enabled. To the extent that you deploy the Product in our Cloud Environment, your Data will be processed in our data centers in the manner described in this document. A limited number of our employees will have access to your Data to enable us to provide you with the service. To that extent that Genetec provides support to you with regards to the Product, our support team will only have access to information that you submit to us as part of your support request or to which you decide to grant us access through the Product. As such, in certain cases, we may ask you to share additional 34 L crno\Agreetnents\CetPlan Technologies Inc Professional Services Agreement FY24-0037.docx-ms information with us to be able to respond to your request for support. Unless otherwise stated in this document, Genetec employees will not have access to your Data. Data ownership You will always remain the owner of your Data. You are fully responsible for the content of your Data, which includes obtaining all rights, consents, authorizations and other approvals from all relevant third parties which may be necessary for you to make available your Data to us as part of your use of the Product, and for us to process your Data in accordance with the terms of our privacy policy and this document. This document has been last updated on December 4, 2019. The latest version of this document may be found at \� uby. Ct_1ctCC.�csm. IC <<ul ups- We invite you to subscribe to the legal notifications in our Entail Subscription Center to, among other things, be notified of any major changes to this document. Leonhard Korowajczuk (CEO/CTO): (703)259-4022 / leonhard@celpIan.com 35 I:lcmolAgreementsWetPlan Technologies Inc Professional Services Agreement FY24-0037.docx-ms EXHIBIT "G" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees. CHECK ONE x I ain aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861). I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance. I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct. CELPLAN TECHNOLOGIES, INC By: /0aZZ111& Z-1U& Paulo Leite, Chief Operations Officer Date: 10/1 /2024 36 1Acmo\Agreements\CelPlan Technologies Inc Professional Services Agreement FY24-0037.doex-ms