Cities Index.
Agenda packet

Chino City Council
June 16, 2026

Document
Agenda packet
Meeting
June 16, 2026
Body
Chino City Council
Pages
56
Original file
114.9 MB
Text extracted from the city's file for reading and search. Open the original on chino.legistar.com. That file is the official record.

Q-795243-46161LG
Issued: 05/19/2026
Quote Expiration: 06/30/2026
Estimated Contract Start Date: 09/01/2026
Account Number: 108400
Payment Terms: N30
Mode of Delivery: AUTO-GND
Credit/Debit Amount: $0.00

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Chino Police Dept. - CA
5450 Guardian Way
Chino,
CA
91710-1210
USA
Chino Police Dept. - CA
5450 Guardian Way
Chino
CA
91710-1210
USA
Email:

Lauren Gauer
Phone: 480-580-3639
Email: [email protected]
Fax:

Phone:

Email:

Fax:

Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $281,098.91 TOTAL COST $4,371,947.08
ESTIMATED TOTAL W/ TAX $4,464,008.92 TOTAL SAVINGS $1,405,494.57 174

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Payment Summary
Date Subtotal Tax Total
Aug 2026 $778,706.03 $20,789.15 $799,495.18
Aug 2027 $857,325.06 $16,627.40 $873,952.46
Aug 2028 $888,860.64 $17,378.00 $906,238.64
Aug 2029 $921,657.63 $18,290.60 $939,948.23
Aug 2030 $925,397.72 $18,976.69 $944,374.41
Total $4,371,947.08 $92,061.84 $4,464,008.92
175

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Quote Unbundled Price: $5,616,317.44
Quote List Price: $4,557,463.72
Quote Subtotal: $4,371,947.08
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
100553 TRANSFER BALANCE - SOFTWARE AND SERVICES 1 $1.00 ($1,183.28) ($1,183.28) $0.00 ($1,183.28) 100838 TRUE UP - OFFICER SAFETY PLAN 10 2 12 $47.45 $47.45 $1,138.80 $99.65 $1,238.45 100838 TRUE UP - OFFICER SAFETY PLAN 10 2 24 $47.45 $47.45 $2,277.60 $199.30 $2,476.90 100838 TRUE UP - OFFICER SAFETY PLAN 10 2 36 $47.45 $47.45 $3,416.40 $298.93 $3,715.33 100838 TRUE UP - OFFICER SAFETY PLAN 10 2 48 $47.45 $47.45 $4,555.20 $398.58 $4,953.78 100552 TRANSFER BALANCE - GOODS 1 $1.00 $83,871.90 $83,871.90 $7,338.79 $91,210.69 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 130 60 $0.00 $0.00 $0.00 $0.00 T00001 AB4 FLEX POV TAP BUNDLE 130 60 $7.19 $7.69 $7.69 $59,982.00 $3,534.03 $63,516.03 M00049 OFFICER SAFETY PLAN T10 129 60 $302.01 $238.32 $238.32 $1,844,601.65 $70,456.01 $1,915,057.66 V00026 UPGRADE 2026 TASER SKILLS TO FULL VR PLAN 129 60 $19.00 $13.00 $13.00 $100,620.00 $2,514.14 $103,134.14 B00075 OUTPOST PLAN 5 60 $308.72 $229.10 $0.00 $0.00 $0.00 $0.00 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 8 60 $0.00 $0.00 $0.00 $0.00 BWCUwTAP BWC Unlimited with TAP 9 60 $140.93 $102.91 $102.91 $55,571.40 $1,543.82 $57,115.22 S00016 AXON AI - AI ERA 129 60 $271.23 $215.57 $215.57 $1,668,511.80 $0.00 $1,668,511.80 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 2 48 $1,049.00 $2,098.00 $183.57 $2,281.57 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 2 36 $1,049.00 $2,098.00 $183.57 $2,281.57 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 2 24 $1,049.00 $2,098.00 $183.57 $2,281.57 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 2 12 $1,049.00 $2,098.00 $183.58 $2,281.58 S00016 AXON AI - AI ERA 2 48 $265.60 $211.26 $211.26 $20,280.96 $0.00 $20,280.96 S00016 AXON AI - AI ERA 2 36 $260.20 $207.07 $207.07 $14,909.04 $0.00 $14,909.04 S00016 AXON AI - AI ERA 2 24 $255.00 $202.98 $202.98 $9,743.04 $0.00 $9,743.04 S00016 AXON AI - AI ERA 2 12 $250.00 $199.00 $199.00 $4,776.00 $0.00 $4,776.00 M00049 OFFICER SAFETY PLAN T10 2 48 $302.77 $233.56 $233.56 $22,421.38 $916.86 $23,338.24 M00049 OFFICER SAFETY PLAN T10 2 36 $341.98 $228.92 $228.92 $16,481.89 $785.47 $17,267.36 M00049 OFFICER SAFETY PLAN T10 2 24 $424.28 $224.40 $224.39 $10,770.67 $613.03 $11,383.70 M00049 OFFICER SAFETY PLAN T10 2 12 $677.76 $220.00 $219.99 $5,279.83 $371.70 $5,651.53 A la Carte Hardware
101611 AXON VR - CONTROLLER - RIFLE VRM4R 2 $5,499.00 $0.00 $0.00 $0.00 $0.00 102330 AXON VR - TAP REFRESH 1 - RIFLE CONTROLLER 2 $324.00 $0.00 $0.00 $0.00 $0.00 100399 AXON TASER 10 - CARTRIDGE - LIVE 180 $24.00 $0.00 $0.00 $0.00 $0.00 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 1 $64.00 $64.00 $64.00 $5.60 $69.60 50322 AXON INTERVIEW - TOUCH PANEL PRO 1 $2,532.00 $2,532.00 $2,532.00 $221.55 $2,753.55 74116 AXON INTERVIEW - COVERT ENCLOSURE 9 $110.00 $110.00 $990.00 $86.63 $1,076.63 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 9 $209.00 $209.00 $1,881.00 $164.58 $2,045.58 50114 AXON INTERVIEW - CAMERA - COVERT SENSOR 9 $356.00 $356.00 $3,204.00 $280.35 $3,484.35 50218 AXON INTERVIEW - CAMERA - COVERT MAIN UNIT 9 $700.00 $700.00 $6,300.00 $551.25 $6,851.25 50295 AXON INTERVIEW - SERVER - PRO 2 $5,413.00 $5,413.00 $10,826.00 $947.28 $11,773.28 T10ALCHWK TASER 10 A-LA-CARTE Hardware Kit 18 60 $2,641.52 $0.00 $0.00 $0.00 $0.00 H00002 AB4 Multi Bay Dock Bundle 18 $1,638.90 $0.00 $0.00 $0.00 $0.00 A la Carte Software
73478 AXON EVIDENCE - REDACTION ASSISTANT USER
LICENSE 2 12 $10.00 $0.00 $0.00 $0.00 $0.00
176
Page
4 Q-795243-46161LG
73478 AXON EVIDENCE
- REDACTION ASSISTANT USER

LICENSE
2 24 $10.20 $0.00 $0.00 $0.00 $0.00
73478 AXON EVIDENCE
- REDACTION ASSISTANT USER

LICENSE
2 36 $10.41 $0.00 $0.00 $0.00 $0.00
73478 AXON EVIDENCE
- REDACTION ASSISTANT USER

LICENSE
2 48 $10.62 $0.00 $0.00 $0.00 $0.00
73478 AXON EVIDENCE
- REDACTION ASSISTANT USER
LICENSE 129 60 $10.85 $0.00 $0.00 $0.00 $0.00
73682 AXON EVIDENCE- AUTO TAGGING LICENSE2 12 $10.00 $10.00 $240.00 $0.00 $240.00 101909 AXON VR
- USER ACCESS- TASER SKILLS TO FULL VR

UPGRADE
2 12 $12.00 $12.00 $288.00 $0.00 $288.00
102610 AXON COMMUNITY LINK2 12 $15.00 $15.00 $360.00 $0.00 $360.00 73682 AXON EVIDENCE- AUTO TAGGING LICENSE2 24 $10.20 $10.20 $489.60 $0.00 $489.60 101909 AXON VR
- USER ACCESS- TASER SKILLS TO FULL VR

UPGRADE
2 24 $12.24 $12.24 $587.52 $0.00 $587.52
102610 AXON COMMUNITY LINK2 24 $15.30 $15.30 $734.40 $0.00 $734.40 73682 AXON EVIDENCE- AUTO TAGGING LICENSE2 36 $10.41 $10.41 $749.52 $0.00 $749.52 101909 AXON VR
- USER ACCESS- TASER SKILLS TO FULL VR

UPGRADE
2 36 $12.49 $12.49 $899.28 $0.00 $899.28
73682 AXON EVIDENCE- AUTO TAGGING LICENSE2 48 $10.62 $10.62 $1,019.52 $0.00 $1,019.52 102610 AXON COMMUNITY LINK2 36 $15.61 $15.61 $1,123.92 $0.00 $1,123.92 101909 AXON VR
- USER ACCESS- TASER SKILLS TO FULL VR

UPGRADE
2 48 $12.75 $12.75 $1,224.00 $0.00 $1,224.00
102610 AXON COMMUNITY LINK2 48 $15.94 $15.94 $1,530.24 $0.00 $1,530.24 50039 AXON INTERVIEW
- CLIENT SOFTWARE- MAINT. PER

TOUCH PANEL
1 60 $28.21 $28.21 $1,692.60 $0.00 $1,692.60
50043 AXON INTERVIEW
- STREAMING SERVER

MAINTENANCE - PER SERVER
2 60 $32.98 $32.98 $3,957.60 $0.00 $3,957.60
73682 AXON EVIDENCE- AUTO TAGGING LICENSE9 60 $10.85 $10.85 $5,859.00 $0.00 $5,859.00 73447 AXON BODY- LICENSE- FUSUS LIVESTREAM9 60 $16.27 $16.27 $8,785.80 $0.00 $8,785.80 50045 AXON EVIDENCE
- STORAGE- INTERVIEW ROOM

UNLIMITED
9 60 $111.75 $111.75 $60,345.00 $0.00 $60,345.00
73682 AXON EVIDENCE- AUTO TAGGING LICENSE 129 60 $10.85 $10.85 $83,979.00 $0.00 $83,979.00 102610 AXON COMMUNITY LINK 129 60 $16.27 $16.27 $125,929.80 $0.00 $125,929.80 BasicLicense Basic License Bundle 13 60 $16.27 $16.25 $12,675.00 $0.00 $12,675.00 ProLicense Pro License Bundle4 60 $48.82 $48.75 $11,700.00 $0.00 $11,700.00 A la Carte Services
99901 AXON ACCELERATE CONFERENCE REGISTRATION 20 $899.00 $0.00 $0.00 $0.00 $0.00 100610 AXON SIGNAL- INSTALLATION SERVICE- VIRTUAL1 $1,500.00 $0.00 $0.00 $0.00 $0.00 100105 COMMUNITY LINK/PRO PSO SETUP1 $3,600.00 $3,600.00 $3,600.00 $0.00 $3,600.00 102616 PRODUCT SPECIFIC INSTRUCTOR CERT (2-DAY-10

STUDENTS)
1 $6,786.00 $6,786.00 $6,786.00 $0.00 $6,786.00
102604 VR FACILITATOR& IMPLEMENTATION (2-DAY)1 $12,000.00 $12,000.00 $12,000.00 $0.00 $12,000.00 102599 TASER CEW STARTER (UP TO 500 HANDLES)1 $14,000.00 $14,000.00 $14,000.00 $0.00 $14,000.00 85170 AXON INTERVIEW
- INSTALLATION- STANDARD (PER
ROOM)
9 $5,000.00 $5,000.00 $45,000.00 $0.00 $45,000.00
A la Carte Warranties
102331 AXON VR- EXT WARRANTY- RIFLE CONTROLLER2 49 $90.46 $0.00 $0.00 $0.00 $0.00 101648 AXON INTERVIEW- EXT WARRANTY-5 YEARS9 $464.00 $464.00 $4,176.00 $0.00 $4,176.00 Total $4,371,947.08 $92,061.84 $4,464,008.92
177

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Delivery Schedule
Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date AB4 CONNECTED HARDWARE BUNDLE 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 8 1 08/01/2026
AB4 CONNECTED HARDWARE BUNDLE 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 130 1 08/01/2026
AB4 CONNECTED HARDWARE BUNDLE 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 4 1 08/01/2026
AB4 CONNECTED HARDWARE BUNDLE 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 143 1 08/01/2026 AB4 CONNECTED HARDWARE BUNDLE 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 9 1 08/01/2026 AB4 CONNECTED HARDWARE BUNDLE 100775 AXON BODY 4 - MAGNETIC DISCONNECT CABLE 9 1 08/01/2026 AB4 CONNECTED HARDWARE BUNDLE 100775 AXON BODY 4 - MAGNETIC DISCONNECT CABLE 143 1 08/01/2026 AB4 CONNECTED HARDWARE BUNDLE 74028 AXON BODY - MOUNT - WING CLIP RAPIDLOCK 143 1 08/01/2026 AB4 CONNECTED HARDWARE BUNDLE 74028 AXON BODY - MOUNT - WING CLIP RAPIDLOCK 9 1 08/01/2026 AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - 8 BAY DOCK 18 1 08/01/2026 AB4 Multi Bay Dock Bundle 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 18 1 08/01/2026 AB4 Multi Bay Dock Bundle 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 18 1 08/01/2026 OFFICER SAFETY PLAN T10 100122 AXON VR - HEADSET - BATTERY 2 1 08/01/2026 OFFICER SAFETY PLAN T10 100126 AXON VR - TACTICAL BAG 6 1 08/01/2026 OFFICER SAFETY PLAN T10 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 129 1 08/01/2026 OFFICER SAFETY PLAN T10 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 4 1 08/01/2026 OFFICER SAFETY PLAN T10 100394 AXON TASER 10 - MAGAZINE - HALT TRAINING BLUE 8 1 08/01/2026 OFFICER SAFETY PLAN T10 100396 AXON TASER 10 - MAGAZINE - INERT RED 30 1 08/01/2026 OFFICER SAFETY PLAN T10 100399 AXON TASER 10 - CARTRIDGE - LIVE 1940 1 08/01/2026 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 910 1 08/01/2026 OFFICER SAFETY PLAN T10 100401 AXON TASER 10 - CARTRIDGE - INERT 300 1 08/01/2026 OFFICER SAFETY PLAN T10 100591 AXON TASER - CLEANING KIT 2 1 08/01/2026 OFFICER SAFETY PLAN T10 100611 AXON TASER 10 - SAFARILAND HOLSTER - RH 92 1 08/01/2026 OFFICER SAFETY PLAN T10 100613 AXON TASER 10 - SAFARILAND HOLSTER - LH 17 1 08/01/2026 OFFICER SAFETY PLAN T10 100621 AXON TASER 10 - HOLSTER - S.O. TECH AMBIDEXTROUS 20 1 08/01/2026 OFFICER SAFETY PLAN T10 100623 ENHANCED HOOK-AND-LOOP TRAINING (HALT) SUIT (V2) 2 1 08/01/2026 OFFICER SAFETY PLAN T10 100748 AXON VR - CONTROLLER - TASER 10 6 1 08/01/2026 OFFICER SAFETY PLAN T10 100754 AXON VR - HEADSET - BATTERY CHARGING DOCK 6 1 08/01/2026 OFFICER SAFETY PLAN T10 101122 AXON VR - HOLSTER - T10 SAFARILAND GRAY - RH 9 1 08/01/2026 OFFICER SAFETY PLAN T10 101123 AXON VR - HOLSTER - T10 SAFARILAND GRAY - LH 3 1 08/01/2026 OFFICER SAFETY PLAN T10 101455 AXON TASER 10 - REPLACEMENT TOOL KIT - INTERPOSER BUCKET 2 1 08/01/2026
OFFICER SAFETY PLAN T10 101456 AXON TASER 10 - REPLACEMENT INTERPOSER BUCKET 10 1 08/01/2026 OFFICER SAFETY PLAN T10 101751 AXON VR - HEADSET - HTC FOCUS VISION 6 1 08/01/2026 OFFICER SAFETY PLAN T10 101755 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK V2 4 1 08/01/2026 OFFICER SAFETY PLAN T10 101755 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK V2 129 1 08/01/2026 OFFICER SAFETY PLAN T10 101757 AXON TASER 10 - MAGAZINE - LIVE TRAINING PURPLE V2 30 1 08/01/2026 OFFICER SAFETY PLAN T10 101886 SIGNAL SENSOR 129 1 08/01/2026 OFFICER SAFETY PLAN T10 101889 AXON SIGNAL - BATTERY - CR2032 129 1 08/01/2026 OFFICER SAFETY PLAN T10 102186 AXON TASER 10 - COMMAND BOX 1 1 08/01/2026 OFFICER SAFETY PLAN T10 20018 AXON TASER - BATTERY PACK - TACTICAL 4 1 08/01/2026 OFFICER SAFETY PLAN T10 20018 AXON TASER - BATTERY PACK - TACTICAL 129 1 08/01/2026 OFFICER SAFETY PLAN T10 20018 AXON TASER - BATTERY PACK - TACTICAL 13 1 08/01/2026 OFFICER SAFETY PLAN T10 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 2 1 08/01/2026 178

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Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date OFFICER SAFETY PLAN T10 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 2 1 08/01/2026 OFFICER SAFETY PLAN T10 74200 AXON TASER - DOCK - SIX BAY PLUS CORE 2 1 08/01/2026 OFFICER SAFETY PLAN T10 80087 AXON TASER - TARGET - CONDUCTIVE PROFESSIONAL RUGGEDIZED 2 1 08/01/2026
OFFICER SAFETY PLAN T10 80090 AXON TASER - TARGET FRAME - PROFESSIONAL 27.5 IN X 75 IN 2 1 08/01/2026
OUTPOST PLAN 102032 AXON OUTPOST - CAMERA 5 1 08/01/2026 OUTPOST PLAN 102488 AXON OUTPOST - SOLAR PANEL - 100W 5 1 08/01/2026 OUTPOST PLAN 102538 AXON OUTPOST - TOP MOUNT END CAP - STANDARD 5 1 08/01/2026 OUTPOST PLAN 102552 AXON OUTPOST - POLE - STANDARD 5 1 08/01/2026 OUTPOST PLAN 102737 AXON OUTPOST - STANDARD SOLAR HARDWARE KIT 5 1 08/01/2026 OUTPOST PLAN 103151 AXON OUTPOST - BATTERY & CHARGER ENCLOSURE - EXTENDED 5 1 08/01/2026
TASER 10 A-LA-CARTE Hardware Kit 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 18 1 08/01/2026 TASER 10 A-LA-CARTE Hardware Kit 101755 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK V2 18 1 08/01/2026 TASER 10 A-LA-CARTE Hardware Kit 20018 AXON TASER - BATTERY PACK - TACTICAL 18 1 08/01/2026 UPGRADE 2026 TASER SKILLS TO FULL VR PLAN 100832 AXON VR - CONTROLLER - HANDGUN VR19H 6 1 08/01/2026 UPGRADE 2026 TASER SKILLS TO FULL VR PLAN 101294 AXON VR - TABLET 6 1 08/01/2026 UPGRADE 2026 TASER SKILLS TO FULL VR PLAN 101300 AXON VR - TABLET CASE 6 1 08/01/2026 UPGRADE 2026 TASER SKILLS TO FULL VR PLAN 102389 AXON VR - MULTI-USER ROOM MARKER 2 1 08/01/2026 A la Carte 100399 AXON TASER 10 - CARTRIDGE - LIVE 180 1 08/01/2026 A la Carte 101611 AXON VR - CONTROLLER - RIFLE VRM4R 2 1 08/01/2026 A la Carte 50114 AXON INTERVIEW - CAMERA - COVERT SENSOR 9 1 08/01/2026 A la Carte 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 9 1 08/01/2026 A la Carte 50218 AXON INTERVIEW - CAMERA - COVERT MAIN UNIT 9 1 08/01/2026 A la Carte 50295 AXON INTERVIEW - SERVER - PRO 2 1 08/01/2026 A la Carte 50322 AXON INTERVIEW - TOUCH PANEL PRO 1 1 08/01/2026 A la Carte 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 1 1 08/01/2026 A la Carte 74116 AXON INTERVIEW - COVERT ENCLOSURE 9 1 08/01/2026 AB4 CONNECTED HARDWARE BUNDLE 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 2 1 08/01/2027
AB4 CONNECTED HARDWARE BUNDLE 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 3 1 08/01/2027 AB4 CONNECTED HARDWARE BUNDLE 100775 AXON BODY 4 - MAGNETIC DISCONNECT CABLE 3 1 08/01/2027 AB4 CONNECTED HARDWARE BUNDLE 74020 AXON BODY - MOUNT - MAGNET FLEXIBLE RAPIDLOCK 3 1 08/01/2027 OFFICER SAFETY PLAN T10 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 2 1 08/01/2027 OFFICER SAFETY PLAN T10 100399 AXON TASER 10 - CARTRIDGE - LIVE 30 1 08/01/2027 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 20 1 08/01/2027 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 650 1 08/01/2027 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 10 1 08/01/2027 OFFICER SAFETY PLAN T10 100401 AXON TASER 10 - CARTRIDGE - INERT 20 1 08/01/2027 OFFICER SAFETY PLAN T10 100611 AXON TASER 10 - SAFARILAND HOLSTER - RH 2 1 08/01/2027 OFFICER SAFETY PLAN T10 101755 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK V2 2 1 08/01/2027 OFFICER SAFETY PLAN T10 101886 SIGNAL SENSOR 2 1 08/01/2027 OFFICER SAFETY PLAN T10 101889 AXON SIGNAL - BATTERY - CR2032 2 1 08/01/2027 OFFICER SAFETY PLAN T10 20018 AXON TASER - BATTERY PACK - TACTICAL 2 1 08/01/2027 OFFICER SAFETY PLAN T10 20018 AXON TASER - BATTERY PACK - TACTICAL 1 1 08/01/2027 AB4 CONNECTED HARDWARE BUNDLE 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 2 1 08/01/2028
AB4 CONNECTED HARDWARE BUNDLE 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 3 1 08/01/2028 AB4 CONNECTED HARDWARE BUNDLE 100775 AXON BODY 4 - MAGNETIC DISCONNECT CABLE 3 1 08/01/2028 AB4 CONNECTED HARDWARE BUNDLE 74020 AXON BODY - MOUNT - MAGNET FLEXIBLE RAPIDLOCK 3 1 08/01/2028 AB4 FLEX POV TAP BUNDLE 100976 AXON BODY - TAP REFRESH 1 - AB4 FLEX POV 134 1 08/01/2028 OFFICER SAFETY PLAN T10 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 2 1 08/01/2028 179

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Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date OFFICER SAFETY PLAN T10 100399 AXON TASER 10 - CARTRIDGE - LIVE 30 1 08/01/2028 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 10 1 08/01/2028 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 20 1 08/01/2028 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 640 1 08/01/2028 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 10 1 08/01/2028 OFFICER SAFETY PLAN T10 100401 AXON TASER 10 - CARTRIDGE - INERT 20 1 08/01/2028 OFFICER SAFETY PLAN T10 100611 AXON TASER 10 - SAFARILAND HOLSTER - RH 2 1 08/01/2028 OFFICER SAFETY PLAN T10 101755 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK V2 2 1 08/01/2028 OFFICER SAFETY PLAN T10 101886 SIGNAL SENSOR 2 1 08/01/2028 OFFICER SAFETY PLAN T10 101889 AXON SIGNAL - BATTERY - CR2032 2 1 08/01/2028 OFFICER SAFETY PLAN T10 20018 AXON TASER - BATTERY PACK - TACTICAL 1 1 08/01/2028 OFFICER SAFETY PLAN T10 20018 AXON TASER - BATTERY PACK - TACTICAL 2 1 08/01/2028 BWC Unlimited with TAP 73309 AXON BODY - TAP REFRESH 1 - CAMERA 9 1 02/01/2029 BWC Unlimited with TAP 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 1 1 02/01/2029 OFFICER SAFETY PLAN T10 101012 AXON VR - TAP REFRESH 1 - TASER CONTROLLER 6 1 02/01/2029 OFFICER SAFETY PLAN T10 20373 AXON VR - TAP REFRESH 1 - HEADSET 6 1 02/01/2029 OFFICER SAFETY PLAN T10 73309 AXON BODY - TAP REFRESH 1 - CAMERA 2 1 02/01/2029 OFFICER SAFETY PLAN T10 73309 AXON BODY - TAP REFRESH 1 - CAMERA 2 1 02/01/2029 OFFICER SAFETY PLAN T10 73309 AXON BODY - TAP REFRESH 1 - CAMERA 2 1 02/01/2029 OFFICER SAFETY PLAN T10 73309 AXON BODY - TAP REFRESH 1 - CAMERA 133 1 02/01/2029 OFFICER SAFETY PLAN T10 73309 AXON BODY - TAP REFRESH 1 - CAMERA 2 1 02/01/2029 OFFICER SAFETY PLAN T10 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 17 1 02/01/2029 UPGRADE 2026 TASER SKILLS TO FULL VR PLAN 100210 AXON VR - TAP REFRESH 1 - TABLET 6 1 02/01/2029 UPGRADE 2026 TASER SKILLS TO FULL VR PLAN 101009 AXON VR - TAP REFRESH 1 - HANDGUN CONTROLLER 6 1 02/01/2029 A la Carte 102330 AXON VR - TAP REFRESH 1 - RIFLE CONTROLLER 2 1 02/01/2029 AB4 CONNECTED HARDWARE BUNDLE 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 2 1 08/01/2029
AB4 CONNECTED HARDWARE BUNDLE 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 3 1 08/01/2029 AB4 CONNECTED HARDWARE BUNDLE 100775 AXON BODY 4 - MAGNETIC DISCONNECT CABLE 3 1 08/01/2029 AB4 CONNECTED HARDWARE BUNDLE 74020 AXON BODY - MOUNT - MAGNET FLEXIBLE RAPIDLOCK 3 1 08/01/2029 OFFICER SAFETY PLAN T10 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 2 1 08/01/2029 OFFICER SAFETY PLAN T10 100399 AXON TASER 10 - CARTRIDGE - LIVE 30 1 08/01/2029 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 10 1 08/01/2029 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 10 1 08/01/2029 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 10 1 08/01/2029 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 650 1 08/01/2029 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 10 1 08/01/2029 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 10 1 08/01/2029 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 20 1 08/01/2029 OFFICER SAFETY PLAN T10 100401 AXON TASER 10 - CARTRIDGE - INERT 20 1 08/01/2029 OFFICER SAFETY PLAN T10 100611 AXON TASER 10 - SAFARILAND HOLSTER - RH 2 1 08/01/2029 OFFICER SAFETY PLAN T10 101755 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK V2 2 1 08/01/2029 OFFICER SAFETY PLAN T10 101886 SIGNAL SENSOR 2 1 08/01/2029 OFFICER SAFETY PLAN T10 101889 AXON SIGNAL - BATTERY - CR2032 2 1 08/01/2029 OFFICER SAFETY PLAN T10 20018 AXON TASER - BATTERY PACK - TACTICAL 2 1 08/01/2029 OFFICER SAFETY PLAN T10 20018 AXON TASER - BATTERY PACK - TACTICAL 1 1 08/01/2029 AB4 CONNECTED HARDWARE BUNDLE 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 2 1 08/01/2030
AB4 CONNECTED HARDWARE BUNDLE 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 3 1 08/01/2030 AB4 CONNECTED HARDWARE BUNDLE 100775 AXON BODY 4 - MAGNETIC DISCONNECT CABLE 3 1 08/01/2030 AB4 CONNECTED HARDWARE BUNDLE 74020 AXON BODY - MOUNT - MAGNET FLEXIBLE RAPIDLOCK 3 1 08/01/2030 OFFICER SAFETY PLAN T10 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 2 1 08/01/2030 OFFICER SAFETY PLAN T10 100399 AXON TASER 10 - CARTRIDGE - LIVE 30 1 08/01/2030 180

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Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 20 1 08/01/2030 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 640 1 08/01/2030 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 10 1 08/01/2030 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 10 1 08/01/2030 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 10 1 08/01/2030 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 10 1 08/01/2030 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 10 1 08/01/2030 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 10 1 08/01/2030 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 10 1 08/01/2030 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 10 1 08/01/2030 OFFICER SAFETY PLAN T10 100401 AXON TASER 10 - CARTRIDGE - INERT 20 1 08/01/2030 OFFICER SAFETY PLAN T10 100611 AXON TASER 10 - SAFARILAND HOLSTER - RH 2 1 08/01/2030 OFFICER SAFETY PLAN T10 101755 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK V2 2 1 08/01/2030 OFFICER SAFETY PLAN T10 101886 SIGNAL SENSOR 2 1 08/01/2030 OFFICER SAFETY PLAN T10 101889 AXON SIGNAL - BATTERY - CR2032 2 1 08/01/2030 OFFICER SAFETY PLAN T10 20018 AXON TASER - BATTERY PACK - TACTICAL 2 1 08/01/2030 OFFICER SAFETY PLAN T10 20018 AXON TASER - BATTERY PACK - TACTICAL 1 1 08/01/2030 BWC Unlimited with TAP 73310 AXON BODY - TAP REFRESH 2 - CAMERA 9 1 08/01/2031 BWC Unlimited with TAP 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 1 1 08/01/2031 OFFICER SAFETY PLAN T10 73310 AXON BODY - TAP REFRESH 2 - CAMERA 2 1 08/01/2031 OFFICER SAFETY PLAN T10 73310 AXON BODY - TAP REFRESH 2 - CAMERA 2 1 08/01/2031 OFFICER SAFETY PLAN T10 73310 AXON BODY - TAP REFRESH 2 - CAMERA 2 1 08/01/2031 OFFICER SAFETY PLAN T10 73310 AXON BODY - TAP REFRESH 2 - CAMERA 2 1 08/01/2031 OFFICER SAFETY PLAN T10 73310 AXON BODY - TAP REFRESH 2 - CAMERA 133 1 08/01/2031 OFFICER SAFETY PLAN T10 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 17 1 08/01/2031 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date AXON AI - AI ERA 101740 AXON - AI SOFTWARE LICENSE 129 09/01/2026 08/31/2031 Basic License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 13 09/01/2026 08/31/2031 Basic License Bundle 73840 AXON EVIDENCE - ECOM LICENSE - BASIC 13 09/01/2026 08/31/2031 BWC Unlimited with TAP 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 9 09/01/2026 08/31/2031 BWC Unlimited with TAP 73746 AXON EVIDENCE - ECOM LICENSE - PRO 9 09/01/2026 08/31/2031 OFFICER SAFETY PLAN T10 101180 AXON TASER - DATA SCIENCE PROGRAM 129 09/01/2026 08/31/2031 OFFICER SAFETY PLAN T10 101703 AXON VR - USER ACCESS - TASER SKILLS 129 09/01/2026 08/31/2031 OFFICER SAFETY PLAN T10 20248 AXON TASER - EVIDENCE.COM LICENSE 129 09/01/2026 08/31/2031 OFFICER SAFETY PLAN T10 20248 AXON TASER - EVIDENCE.COM LICENSE 2 09/01/2026 08/31/2031 OFFICER SAFETY PLAN T10 73447 AXON BODY - LICENSE - FUSUS LIVESTREAM 129 09/01/2026 08/31/2031 OFFICER SAFETY PLAN T10 73638 AXON STANDARDS - LICENSE 129 09/01/2026 08/31/2031 OFFICER SAFETY PLAN T10 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 1290 09/01/2026 08/31/2031 OFFICER SAFETY PLAN T10 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 129 09/01/2026 08/31/2031 OFFICER SAFETY PLAN T10 73746 AXON EVIDENCE - ECOM LICENSE - PRO 129 09/01/2026 08/31/2031 OFFICER SAFETY PLAN T10 73746 AXON EVIDENCE - ECOM LICENSE - PRO 1 09/01/2026 08/31/2031 OUTPOST PLAN 102142 AXON VEHICLE INTELLIGENCE - ALPR LICENSE 5 09/01/2026 08/31/2031 Pro License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 12 09/01/2026 08/31/2031 Pro License Bundle 73746 AXON EVIDENCE - ECOM LICENSE - PRO 4 09/01/2026 08/31/2031 UPGRADE 2026 TASER SKILLS TO FULL VR PLAN 101909 AXON VR - USER ACCESS - TASER SKILLS TO FULL VR UPGRADE 129 09/01/2026 08/31/2031
A la Carte 102610 AXON COMMUNITY LINK 129 09/01/2026 08/31/2031 A la Carte 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 1 09/01/2026 08/31/2031
181

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Software
Bundle Item Description QTY Estimated Start Date Estimated End Date A la Carte 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 09/01/2026 08/31/2031
A la Carte 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 9 09/01/2026 08/31/2031 A la Carte 73447 AXON BODY - LICENSE - FUSUS LIVESTREAM 9 09/01/2026 08/31/2031 A la Carte 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 129 09/01/2026 08/31/2031 A la Carte 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 129 09/01/2026 08/31/2031 A la Carte 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 9 09/01/2026 08/31/2031 AXON AI - AI ERA 101740 AXON - AI SOFTWARE LICENSE 2 09/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 101180 AXON TASER - DATA SCIENCE PROGRAM 2 09/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 101703 AXON VR - USER ACCESS - TASER SKILLS 2 09/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 20248 AXON TASER - EVIDENCE.COM LICENSE 2 09/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 73447 AXON BODY - LICENSE - FUSUS LIVESTREAM 2 09/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 73638 AXON STANDARDS - LICENSE 2 09/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 20 09/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 2 09/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 73746 AXON EVIDENCE - ECOM LICENSE - PRO 2 09/01/2027 08/31/2031 A la Carte 101909 AXON VR - USER ACCESS - TASER SKILLS TO FULL VR UPGRADE 2 09/01/2027 08/31/2031
A la Carte 102610 AXON COMMUNITY LINK 2 09/01/2027 08/31/2031 A la Carte 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 2 09/01/2027 08/31/2031 A la Carte 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 2 09/01/2027 08/31/2031 AXON AI - AI ERA 101740 AXON - AI SOFTWARE LICENSE 2 09/01/2028 08/31/2031 OFFICER SAFETY PLAN T10 101180 AXON TASER - DATA SCIENCE PROGRAM 2 09/01/2028 08/31/2031 OFFICER SAFETY PLAN T10 101703 AXON VR - USER ACCESS - TASER SKILLS 2 09/01/2028 08/31/2031 OFFICER SAFETY PLAN T10 20248 AXON TASER - EVIDENCE.COM LICENSE 2 09/01/2028 08/31/2031 OFFICER SAFETY PLAN T10 73447 AXON BODY - LICENSE - FUSUS LIVESTREAM 2 09/01/2028 08/31/2031 OFFICER SAFETY PLAN T10 73638 AXON STANDARDS - LICENSE 2 09/01/2028 08/31/2031 OFFICER SAFETY PLAN T10 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 20 09/01/2028 08/31/2031 OFFICER SAFETY PLAN T10 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 2 09/01/2028 08/31/2031 OFFICER SAFETY PLAN T10 73746 AXON EVIDENCE - ECOM LICENSE - PRO 2 09/01/2028 08/31/2031 A la Carte 101909 AXON VR - USER ACCESS - TASER SKILLS TO FULL VR UPGRADE 2 09/01/2028 08/31/2031
A la Carte 102610 AXON COMMUNITY LINK 2 09/01/2028 08/31/2031 A la Carte 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 2 09/01/2028 08/31/2031 A la Carte 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 2 09/01/2028 08/31/2031 AXON AI - AI ERA 101740 AXON - AI SOFTWARE LICENSE 2 09/01/2029 08/31/2031 OFFICER SAFETY PLAN T10 101180 AXON TASER - DATA SCIENCE PROGRAM 2 09/01/2029 08/31/2031 OFFICER SAFETY PLAN T10 101703 AXON VR - USER ACCESS - TASER SKILLS 2 09/01/2029 08/31/2031 OFFICER SAFETY PLAN T10 20248 AXON TASER - EVIDENCE.COM LICENSE 2 09/01/2029 08/31/2031 OFFICER SAFETY PLAN T10 73447 AXON BODY - LICENSE - FUSUS LIVESTREAM 2 09/01/2029 08/31/2031 OFFICER SAFETY PLAN T10 73638 AXON STANDARDS - LICENSE 2 09/01/2029 08/31/2031 OFFICER SAFETY PLAN T10 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 20 09/01/2029 08/31/2031 OFFICER SAFETY PLAN T10 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 2 09/01/2029 08/31/2031 OFFICER SAFETY PLAN T10 73746 AXON EVIDENCE - ECOM LICENSE - PRO 2 09/01/2029 08/31/2031 A la Carte 101909 AXON VR - USER ACCESS - TASER SKILLS TO FULL VR UPGRADE 2 09/01/2029 08/31/2031
A la Carte 102610 AXON COMMUNITY LINK 2 09/01/2029 08/31/2031 A la Carte 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 2 09/01/2029 08/31/2031 A la Carte 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 2 09/01/2029 08/31/2031 AXON AI - AI ERA 101740 AXON - AI SOFTWARE LICENSE 2 09/01/2030 08/31/2031 OFFICER SAFETY PLAN T10 101180 AXON TASER - DATA SCIENCE PROGRAM 2 09/01/2030 08/31/2031 OFFICER SAFETY PLAN T10 101703 AXON VR - USER ACCESS - TASER SKILLS 2 09/01/2030 08/31/2031 OFFICER SAFETY PLAN T10 20248 AXON TASER - EVIDENCE.COM LICENSE 2 09/01/2030 08/31/2031 182

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Software
Bundle Item Description QTY Estimated Start Date Estimated End Date OFFICER SAFETY PLAN T10 73447 AXON BODY - LICENSE - FUSUS LIVESTREAM 2 09/01/2030 08/31/2031 OFFICER SAFETY PLAN T10 73638 AXON STANDARDS - LICENSE 2 09/01/2030 08/31/2031 OFFICER SAFETY PLAN T10 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 20 09/01/2030 08/31/2031 OFFICER SAFETY PLAN T10 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 2 09/01/2030 08/31/2031 OFFICER SAFETY PLAN T10 73746 AXON EVIDENCE - ECOM LICENSE - PRO 2 09/01/2030 08/31/2031 A la Carte 101909 AXON VR - USER ACCESS - TASER SKILLS TO FULL VR UPGRADE 2 09/01/2030 08/31/2031
A la Carte 102610 AXON COMMUNITY LINK 2 09/01/2030 08/31/2031 A la Carte 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 2 09/01/2030 08/31/2031 A la Carte 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 2 09/01/2030 08/31/2031 Services
Bundle Item Description QTY
AXON AI - AI ERA 101741 AXON - AI PROFESSIONAL SERVICES 2 AXON AI - AI ERA 101741 AXON - AI PROFESSIONAL SERVICES 2 AXON AI - AI ERA 101741 AXON - AI PROFESSIONAL SERVICES 2 AXON AI - AI ERA 101741 AXON - AI PROFESSIONAL SERVICES 2 AXON AI - AI ERA 101741 AXON - AI PROFESSIONAL SERVICES 129 OFFICER SAFETY PLAN T10 100751 AXON TASER 10 - REPLACEMENT ACCESS PROGRAM - DUTY CARTRIDGE 2 OFFICER SAFETY PLAN T10 100751 AXON TASER 10 - REPLACEMENT ACCESS PROGRAM - DUTY CARTRIDGE 2 OFFICER SAFETY PLAN T10 100751 AXON TASER 10 - REPLACEMENT ACCESS PROGRAM - DUTY CARTRIDGE 2 OFFICER SAFETY PLAN T10 100751 AXON TASER 10 - REPLACEMENT ACCESS PROGRAM - DUTY CARTRIDGE 129 OFFICER SAFETY PLAN T10 100751 AXON TASER 10 - REPLACEMENT ACCESS PROGRAM - DUTY CARTRIDGE 2 OFFICER SAFETY PLAN T10 101193 AXON TASER - ON DEMAND CERTIFICATION 2 OFFICER SAFETY PLAN T10 101193 AXON TASER - ON DEMAND CERTIFICATION 129 OFFICER SAFETY PLAN T10 101193 AXON TASER - ON DEMAND CERTIFICATION 2 OFFICER SAFETY PLAN T10 101193 AXON TASER - ON DEMAND CERTIFICATION 2 OFFICER SAFETY PLAN T10 101193 AXON TASER - ON DEMAND CERTIFICATION 2 OUTPOST PLAN 102136 AXON OUTPOST - STANDARD INSTALLATION 5 A la Carte 100105 COMMUNITY LINK/PRO PSO SETUP 1
A la Carte 100610 AXON SIGNAL - INSTALLATION SERVICE - VIRTUAL 1 A la Carte 102599 TASER CEW STARTER (UP TO 500 HANDLES) 1 A la Carte 102604 VR FACILITATOR & IMPLEMENTATION (2-DAY) 1 A la Carte 102616 PRODUCT SPECIFIC INSTRUCTOR CERT (2-DAY-10 STUDENTS) 1 A la Carte 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM) 9 A la Carte 99901 AXON ACCELERATE CONFERENCE REGISTRATION 20 Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date AB4 FLEX POV TAP BUNDLE 100945 AXON BODY 4 - EXT WARRANTY - FLEX POV MODULE 130 09/01/2026 08/31/2031 AB4 FLEX POV TAP BUNDLE 100945 AXON BODY 4 - EXT WARRANTY - FLEX POV MODULE 4 09/01/2026 08/31/2031 A la Carte 101648 AXON INTERVIEW - EXT WARRANTY - 5 YEARS 9 BWC Unlimited with TAP 80464 AXON BODY - TAP WARRANTY - CAMERA 9 08/01/2027 08/31/2031 BWC Unlimited with TAP 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 1 08/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 100197 AXON VR - EXT WARRANTY - HEADSET 6 08/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 4 08/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 129 08/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 101007 AXON VR - EXT WARRANTY - TASER CONTROLLER 6 08/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 101686 AXON SIGNAL - EXT WARRANTY - SIGNAL SENSOR 129 08/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 129 08/01/2027 08/31/2031 183

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Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date OFFICER SAFETY PLAN T10 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 4 08/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 13 08/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 80396 AXON TASER - EXT WARRANTY - DOCK SIX BAY T7/T10 2 08/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 80464 AXON BODY - TAP WARRANTY - CAMERA 133 08/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 17 08/01/2027 08/31/2031 OUTPOST PLAN 102135 AXON OUTPOST - EXT WARRANTY - CAMERA 5 08/01/2027 08/31/2031 OUTPOST PLAN 102137 AXON OUTPOST - MAINTENANCE 5 08/01/2027 08/31/2031 TASER 10 A-LA-CARTE Hardware Kit 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 18 08/01/2027 08/31/2031 TASER 10 A-LA-CARTE Hardware Kit 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 18 08/01/2027 08/31/2031 UPGRADE 2026 TASER SKILLS TO FULL VR PLAN 100213 AXON VR - EXT WARRANTY - TABLET 6 08/01/2027 08/31/2031 UPGRADE 2026 TASER SKILLS TO FULL VR PLAN 101008 AXON VR - EXT WARRANTY - HANDGUN CONTROLLER 6 08/01/2027 08/31/2031 A la Carte 102331 AXON VR - EXT WARRANTY - RIFLE CONTROLLER 2 08/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 2 08/01/2028 08/31/2031 OFFICER SAFETY PLAN T10 101686 AXON SIGNAL - EXT WARRANTY - SIGNAL SENSOR 2 08/01/2028 08/31/2031 OFFICER SAFETY PLAN T10 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 2 08/01/2028 08/31/2031 OFFICER SAFETY PLAN T10 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 1 08/01/2028 08/31/2031 OFFICER SAFETY PLAN T10 80464 AXON BODY - TAP WARRANTY - CAMERA 2 08/01/2028 08/31/2031 OFFICER SAFETY PLAN T10 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 2 08/01/2029 08/31/2031 OFFICER SAFETY PLAN T10 101686 AXON SIGNAL - EXT WARRANTY - SIGNAL SENSOR 2 08/01/2029 08/31/2031 OFFICER SAFETY PLAN T10 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 1 08/01/2029 08/31/2031 OFFICER SAFETY PLAN T10 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 2 08/01/2029 08/31/2031 OFFICER SAFETY PLAN T10 80464 AXON BODY - TAP WARRANTY - CAMERA 2 08/01/2029 08/31/2031 OFFICER SAFETY PLAN T10 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 2 08/01/2030 08/31/2031 OFFICER SAFETY PLAN T10 101686 AXON SIGNAL - EXT WARRANTY - SIGNAL SENSOR 2 08/01/2030 08/31/2031 OFFICER SAFETY PLAN T10 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 1 08/01/2030 08/31/2031 OFFICER SAFETY PLAN T10 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 2 08/01/2030 08/31/2031 OFFICER SAFETY PLAN T10 80464 AXON BODY - TAP WARRANTY - CAMERA 2 08/01/2030 08/31/2031 OFFICER SAFETY PLAN T10 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 2 08/01/2031 08/31/2031 OFFICER SAFETY PLAN T10 101686 AXON SIGNAL - EXT WARRANTY - SIGNAL SENSOR 2 08/01/2031 08/31/2031 OFFICER SAFETY PLAN T10 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 1 08/01/2031 08/31/2031 OFFICER SAFETY PLAN T10 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 2 08/01/2031 08/31/2031 OFFICER SAFETY PLAN T10 80464 AXON BODY - TAP WARRANTY - CAMERA 2 08/01/2031 08/31/2031 184

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Shipping Locations
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1 5450 Guardian Way Chino CA 91710-1210 USA
1 5450 Guardian Way Chino CA 91710-1210 USA
Payment Details
Aug 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 1 100105 COMMUNITY LINK/PRO PSO SETUP 1 $602.96 $0.00 $602.96 Annual Payment 1 100399 AXON TASER 10 - CARTRIDGE - LIVE 180 $0.00 $0.00 $0.00 Annual Payment 1 100610 AXON SIGNAL - INSTALLATION SERVICE - VIRTUAL 1 $0.00 $0.00 $0.00 Annual Payment 1 101611 AXON VR - CONTROLLER - RIFLE VRM4R 2 $0.00 $0.00 $0.00 Annual Payment 1 101648 AXON INTERVIEW - EXT WARRANTY - 5 YEARS 9 $699.44 $0.00 $699.44 Annual Payment 1 102330 AXON VR - TAP REFRESH 1 - RIFLE CONTROLLER 2 $0.00 $0.00 $0.00 Annual Payment 1 102331 AXON VR - EXT WARRANTY - RIFLE CONTROLLER 2 $0.00 $0.00 $0.00 Annual Payment 1 102599 TASER CEW STARTER (UP TO 500 HANDLES) 1 $2,344.86 $0.00 $2,344.86 Annual Payment 1 102604 VR FACILITATOR & IMPLEMENTATION (2-DAY) 1 $2,009.88 $0.00 $2,009.88 Annual Payment 1 102610 AXON COMMUNITY LINK 129 $21,092.01 $0.00 $21,092.01 Annual Payment 1 102616 PRODUCT SPECIFIC INSTRUCTOR CERT (2-DAY-10 STUDENTS) 1 $1,136.59 $0.00 $1,136.59 Annual Payment 1 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 1 $283.49 $0.00 $283.49 Annual Payment 1 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $662.86 $0.00 $662.86 Annual Payment 1 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 9 $10,107.20 $0.00 $10,107.20 Annual Payment 1 50114 AXON INTERVIEW - CAMERA - COVERT SENSOR 9 $536.64 $46.96 $583.60 Annual Payment 1 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 9 $315.05 $27.57 $342.62 Annual Payment 1 50218 AXON INTERVIEW - CAMERA - COVERT MAIN UNIT 9 $1,055.19 $92.33 $1,147.52 Annual Payment 1 50295 AXON INTERVIEW - SERVER - PRO 2 $1,813.25 $158.66 $1,971.91 Annual Payment 1 50322 AXON INTERVIEW - TOUCH PANEL PRO 1 $424.09 $37.11 $461.20 Annual Payment 1 73447 AXON BODY - LICENSE - FUSUS LIVESTREAM 9 $1,471.54 $0.00 $1,471.54 Annual Payment 1 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 2 $0.00 $0.00 $0.00 Annual Payment 1 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 2 $0.00 $0.00 $0.00 Annual Payment 1 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 129 $0.00 $0.00 $0.00 Annual Payment 1 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 2 $0.00 $0.00 $0.00 Annual Payment 1 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 2 $0.00 $0.00 $0.00 Annual Payment 1 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 129 $14,065.66 $0.00 $14,065.66 Annual Payment 1 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 9 $981.33 $0.00 $981.33 Annual Payment 1 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 1 $10.72 $0.94 $11.66 Annual Payment 1 74116 AXON INTERVIEW - COVERT ENCLOSURE 9 $165.82 $14.51 $180.33 Annual Payment 1 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM) 9 $7,537.06 $0.00 $7,537.06 Annual Payment 1 99901 AXON ACCELERATE CONFERENCE REGISTRATION 20 $0.00 $0.00 $0.00 Annual Payment 1 B00075 OUTPOST PLAN 5 $0.00 $0.00 $0.00 Annual Payment 1 BasicLicense Basic License Bundle 13 $2,122.94 $0.00 $2,122.94 Annual Payment 1 BWCUwTAP BWC Unlimited with TAP 9 $9,307.65 $258.58 $9,566.23 Annual Payment 1 H00002 AB4 Multi Bay Dock Bundle 18 $0.00 $0.00 $0.00 Annual Payment 1 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 130 $0.00 $0.00 $0.00 Annual Payment 1 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 8 $0.00 $0.00 $0.00 Annual Payment 1 M00049 OFFICER SAFETY PLAN T10 129 $308,952.75 $11,800.69 $320,753.44 Annual Payment 1 ProLicense Pro License Bundle 4 $1,959.64 $0.00 $1,959.64 Annual Payment 1 S00016 AXON AI - AI ERA 129 $279,459.50 $0.00 $279,459.50 Annual Payment 1 T00001 AB4 FLEX POV TAP BUNDLE 130 $10,046.40 $591.92 $10,638.32 185

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Aug 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment1 T10ALCHWK TASER 10 A-LA-CARTE Hardware Kit 18 $0.00 $0.00 $0.00 Annual Payment1 V00026 UPGRADE 2026 TASER SKILLS TO FULL VR PLAN 129 $16,852.89 $421.09 $17,273.98 Transfer Value 100552 TRANSFER BALANCE- GOODS1 $83,871.90 $7,338.79 $91,210.69 Transfer Value 100553 TRANSFER BALANCE- SOFTWARE AND SERVICES1 ($1,183.28) $0.00 ($1,183.28) Total $778,706.03 $20,789.15 $799,495.18
Sep 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment M00049 OFFICER SAFETY PLAN T10 129 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00
Aug 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment2 100105 COMMUNITY LINK/PRO PSO SETUP1 $731.94 $0.00 $731.94 Annual Payment2 100399 AXON TASER 10- CARTRIDGE- LIVE 180 $0.00 $0.00 $0.00 Annual Payment2 100610 AXON SIGNAL- INSTALLATION SERVICE- VIRTUAL1 $0.00 $0.00 $0.00 Annual Payment2 101611 AXON VR- CONTROLLER- RIFLE VRM4R2 $0.00 $0.00 $0.00 Annual Payment2 101648 AXON INTERVIEW- EXT WARRANTY-5 YEARS9 $849.05 $0.00 $849.05 Annual Payment2 102330 AXON VR- TAP REFRESH1- RIFLE CONTROLLER2 $0.00 $0.00 $0.00 Annual Payment2 102331 AXON VR- EXT WARRANTY- RIFLE CONTROLLER2 $0.00 $0.00 $0.00 Annual Payment2 102599 TASER CEW STARTER (UP TO 500 HANDLES)1 $2,846.43 $0.00 $2,846.43 Annual Payment2 102604 VR FACILITATOR& IMPLEMENTATION (2-DAY)1 $2,439.80 $0.00 $2,439.80 Annual Payment2 102610 AXON COMMUNITY LINK 129 $25,603.63 $0.00 $25,603.63 Annual Payment2 102616 PRODUCT SPECIFIC INSTRUCTOR CERT (2-DAY-10 STUDENTS)1 $1,379.71 $0.00 $1,379.71 Annual Payment2 50039 AXON INTERVIEW- CLIENT SOFTWARE- MAINT. PER TOUCH PANEL1 $344.13 $0.00 $344.13 Annual Payment2 50043 AXON INTERVIEW- STREAMING SERVER MAINTENANCE - PER SERVER2 $804.65 $0.00 $804.65 Annual Payment2 50045 AXON EVIDENCE- STORAGE- INTERVIEW ROOM UNLIMITED9 $12,269.15 $0.00 $12,269.15 Annual Payment2 50114 AXON INTERVIEW- CAMERA- COVERT SENSOR9 $651.43 $57.00 $708.43 Annual Payment2 50118 AXON INTERVIEW- MIC- WIRED (STANDARD MIC)9 $382.44 $33.46 $415.90 Annual Payment2 50218 AXON INTERVIEW- CAMERA- COVERT MAIN UNIT9 $1,280.90 $112.08 $1,392.98 Annual Payment2 50295 AXON INTERVIEW- SERVER- PRO2 $2,201.11 $192.60 $2,393.71 Annual Payment2 50322 AXON INTERVIEW- TOUCH PANEL PRO1 $514.80 $45.04 $559.84 Annual Payment2 73447 AXON BODY- LICENSE- FUSUS LIVESTREAM9 $1,786.30 $0.00 $1,786.30 Annual Payment2 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE2 $0.00 $0.00 $0.00 Annual Payment2 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE2 $0.00 $0.00 $0.00 Annual Payment2 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE2 $0.00 $0.00 $0.00 Annual Payment2 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE 129 $0.00 $0.00 $0.00 Annual Payment2 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE2 $0.00 $0.00 $0.00 Annual Payment2 73682 AXON EVIDENCE- AUTO TAGGING LICENSE 129 $17,074.34 $0.00 $17,074.34 Annual Payment2 73682 AXON EVIDENCE- AUTO TAGGING LICENSE9 $1,191.23 $0.00 $1,191.23 Annual Payment2 74056 AXON INTERVIEW- TOUCH PANEL WALL MOUNT1 $13.01 $1.14 $14.15 Annual Payment2 74116 AXON INTERVIEW- COVERT ENCLOSURE9 $201.28 $17.61 $218.89 Annual Payment2 85170 AXON INTERVIEW- INSTALLATION- STANDARD (PER ROOM)9 $9,149.25 $0.00 $9,149.25 Annual Payment2 99901 AXON ACCELERATE CONFERENCE REGISTRATION 20 $0.00 $0.00 $0.00 Annual Payment2 B00075 OUTPOST PLAN5 $0.00 $0.00 $0.00
Annual Payment2 BasicLicense Basic License Bundle 13 $2,577.04 $0.00 $2,577.04 Annual Payment2 BWCUwTAP BWC Unlimited with TAP9 $11,298.59 $313.88 $11,612.47 Annual Payment2 H00002 AB4 Multi Bay Dock Bundle 18 $0.00 $0.00 $0.00 Annual Payment2 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE8 $0.00 $0.00 $0.00 Annual Payment2 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 130 $0.00 $0.00 $0.00 Annual Payment2 M00049 OFFICER SAFETY PLAN T10 129 $375,038.38 $14,324.85 $389,363.23 186

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Aug 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment2 ProLicense Pro License Bundle4 $2,378.81 $0.00 $2,378.81 Annual Payment2 S00016 AXON AI- AI ERA 129 $339,236.34 $0.00 $339,236.34 Annual Payment2 T00001 AB4 FLEX POV TAP BUNDLE 130 $12,195.35 $718.53 $12,913.88 Annual Payment2 T10ALCHWK TASER 10 A-LA-CARTE Hardware Kit 18 $0.00 $0.00 $0.00 Annual Payment2 V00026 UPGRADE 2026 TASER SKILLS TO FULL VR PLAN 129 $20,457.73 $511.17 $20,968.90 Phase1- Annual Payment1 100838 TRUE UP- OFFICER SAFETY PLAN 102 $284.70 $24.91 $309.61 Phase1- Annual Payment1 101909 AXON VR- USER ACCESS- TASER SKILLS TO FULL VR UPGRADE2 $306.00 $0.00 $306.00 Phase1- Annual Payment1 102610 AXON COMMUNITY LINK2 $382.56 $0.00 $382.56 Phase1- Annual Payment1 73682 AXON EVIDENCE- AUTO TAGGING LICENSE2 $254.88 $0.00 $254.88 Phase1- Annual Payment1 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE2 $524.50 $45.89 $570.39 Phase1- Annual Payment1 M00049 OFFICER SAFETY PLAN T102 $5,605.36 $229.24 $5,834.60 Phase1- Annual Payment1 S00016 AXON AI- AI ERA2 $5,070.24 $0.00 $5,070.24 Total $857,325.06 $16,627.40 $873,952.46
Sep 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment M00049 OFFICER SAFETY PLAN T102 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00
Aug 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment3 100105 COMMUNITY LINK/PRO PSO SETUP1 $748.13 $0.00 $748.13 Annual Payment3 100399 AXON TASER 10- CARTRIDGE- LIVE 180 $0.00 $0.00 $0.00 Annual Payment3 100610 AXON SIGNAL- INSTALLATION SERVICE- VIRTUAL1 $0.00 $0.00 $0.00 Annual Payment3 101611 AXON VR- CONTROLLER- RIFLE VRM4R2 $0.00 $0.00 $0.00 Annual Payment3 101648 AXON INTERVIEW- EXT WARRANTY-5 YEARS9 $867.83 $0.00 $867.83 Annual Payment3 102330 AXON VR- TAP REFRESH1- RIFLE CONTROLLER2 $0.00 $0.00 $0.00 Annual Payment3 102331 AXON VR- EXT WARRANTY- RIFLE CONTROLLER2 $0.00 $0.00 $0.00 Annual Payment3 102599 TASER CEW STARTER (UP TO 500 HANDLES)1 $2,909.40 $0.00 $2,909.40 Annual Payment3 102604 VR FACILITATOR& IMPLEMENTATION (2-DAY)1 $2,493.77 $0.00 $2,493.77 Annual Payment3 102610 AXON COMMUNITY LINK 129 $26,169.99 $0.00 $26,169.99 Annual Payment3 102616 PRODUCT SPECIFIC INSTRUCTOR CERT (2-DAY-10 STUDENTS)1 $1,410.23 $0.00 $1,410.23 Annual Payment3 50039 AXON INTERVIEW- CLIENT SOFTWARE- MAINT. PER TOUCH PANEL1 $351.75 $0.00 $351.75 Annual Payment3 50043 AXON INTERVIEW- STREAMING SERVER MAINTENANCE - PER SERVER2 $822.45 $0.00 $822.45 Annual Payment3 50045 AXON EVIDENCE- STORAGE- INTERVIEW ROOM UNLIMITED9 $12,540.54 $0.00 $12,540.54 Annual Payment3 50114 AXON INTERVIEW- CAMERA- COVERT SENSOR9 $665.84 $58.26 $724.10 Annual Payment3 50118 AXON INTERVIEW- MIC- WIRED (STANDARD MIC)9 $390.90 $34.20 $425.10 Annual Payment3 50218 AXON INTERVIEW- CAMERA- COVERT MAIN UNIT9 $1,309.23 $114.56 $1,423.79 Annual Payment3 50295 AXON INTERVIEW- SERVER- PRO2 $2,249.80 $196.86 $2,446.66 Annual Payment3 50322 AXON INTERVIEW- TOUCH PANEL PRO1 $526.19 $46.04 $572.23 Annual Payment3 73447 AXON BODY- LICENSE- FUSUS LIVESTREAM9 $1,825.81 $0.00 $1,825.81 Annual Payment3 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE2 $0.00 $0.00 $0.00 Annual Payment3 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE2 $0.00 $0.00 $0.00 Annual Payment3 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE 129 $0.00 $0.00 $0.00 Annual Payment3 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE2 $0.00 $0.00 $0.00 Annual Payment3 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE2 $0.00 $0.00 $0.00 Annual Payment3 73682 AXON EVIDENCE- AUTO TAGGING LICENSE9 $1,217.58 $0.00 $1,217.58 Annual Payment3 73682 AXON EVIDENCE- AUTO TAGGING LICENSE 129 $17,452.02 $0.00 $17,452.02 Annual Payment3 74056 AXON INTERVIEW- TOUCH PANEL WALL MOUNT1 $13.30 $1.16 $14.46 Annual Payment3 74116 AXON INTERVIEW- COVERT ENCLOSURE9 $205.74 $18.00 $223.74 Annual Payment3 85170 AXON INTERVIEW- INSTALLATION- STANDARD (PER ROOM)9 $9,351.63 $0.00 $9,351.63 187

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Aug 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment3 99901 AXON ACCELERATE CONFERENCE REGISTRATION 20 $0.00 $0.00 $0.00 Annual Payment3 B00075 OUTPOST PLAN5 $0.00 $0.00 $0.00
Annual Payment3 BasicLicense Basic License Bundle 13 $2,634.04 $0.00 $2,634.04 Annual Payment3 BWCUwTAP BWC Unlimited with TAP9 $11,548.52 $320.82 $11,869.34 Annual Payment3 H00002 AB4 Multi Bay Dock Bundle 18 $0.00 $0.00 $0.00 Annual Payment3 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 130 $0.00 $0.00 $0.00 Annual Payment3 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE8 $0.00 $0.00 $0.00 Annual Payment3 M00049 OFFICER SAFETY PLAN T10 129 $383,334.25 $14,641.73 $397,975.98 Annual Payment3 ProLicense Pro License Bundle4 $2,431.43 $0.00 $2,431.43 Annual Payment3 S00016 AXON AI- AI ERA 129 $346,740.27 $0.00 $346,740.27 Annual Payment3 T00001 AB4 FLEX POV TAP BUNDLE 130 $12,465.11 $734.42 $13,199.53 Annual Payment3 T10ALCHWK TASER 10 A-LA-CARTE Hardware Kit 18 $0.00 $0.00 $0.00 Annual Payment3 V00026 UPGRADE 2026 TASER SKILLS TO FULL VR PLAN 129 $20,910.26 $522.47 $21,432.73 Phase1- Annual Payment2 100838 TRUE UP- OFFICER SAFETY PLAN 102 $284.70 $24.91 $309.61 Phase1- Annual Payment2 101909 AXON VR- USER ACCESS- TASER SKILLS TO FULL VR UPGRADE2 $306.00 $0.00 $306.00 Phase1- Annual Payment2 102610 AXON COMMUNITY LINK2 $382.56 $0.00 $382.56 Phase1- Annual Payment2 73682 AXON EVIDENCE- AUTO TAGGING LICENSE2 $254.88 $0.00 $254.88 Phase1- Annual Payment2 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE2 $524.50 $45.89 $570.39 Phase1- Annual Payment2 M00049 OFFICER SAFETY PLAN T102 $5,605.36 $229.24 $5,834.60 Phase1- Annual Payment2 S00016 AXON AI- AI ERA2 $5,070.22 $0.00 $5,070.22 Phase2- Annual Payment1 100838 TRUE UP- OFFICER SAFETY PLAN 102 $759.20 $66.43 $825.63 Phase2- Annual Payment1 101909 AXON VR- USER ACCESS- TASER SKILLS TO FULL VR UPGRADE2 $299.76 $0.00 $299.76 Phase2- Annual Payment1 102610 AXON COMMUNITY LINK2 $374.64 $0.00 $374.64 Phase2- Annual Payment1 73682 AXON EVIDENCE- AUTO TAGGING LICENSE2 $249.84 $0.00 $249.84 Phase2- Annual Payment1 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE2 $699.33 $61.19 $760.52 Phase2- Annual Payment1 M00049 OFFICER SAFETY PLAN T102 $5,493.95 $261.82 $5,755.77 Phase2- Annual Payment1 S00016 AXON AI- AI ERA2 $4,969.69 $0.00 $4,969.69 Total $888,860.64 $17,378.00 $906,238.64
Sep 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment M00049 OFFICER SAFETY PLAN T102 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00
Aug 2029
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment1 100838 TRUE UP- OFFICER SAFETY PLAN 102 $1,708.20 $149.46 $1,857.66 Annual Payment1 101909 AXON VR- USER ACCESS- TASER SKILLS TO FULL VR UPGRADE2 $293.76 $0.00 $293.76 Annual Payment1 102610 AXON COMMUNITY LINK2 $367.20 $0.00 $367.20 Annual Payment1 73682 AXON EVIDENCE- AUTO TAGGING LICENSE2 $244.80 $0.00 $244.80 Annual Payment1 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE2 $1,049.00 $91.78 $1,140.78 Annual Payment1 M00049 OFFICER SAFETY PLAN T102 $5,385.33 $306.52 $5,691.85 Annual Payment1 S00016 AXON AI- AI ERA2 $4,871.52 $0.00 $4,871.52 Annual Payment4 100105 COMMUNITY LINK/PRO PSO SETUP1 $764.48 $0.00 $764.48 Annual Payment4 100399 AXON TASER 10- CARTRIDGE- LIVE 180 $0.00 $0.00 $0.00 Annual Payment4 100610 AXON SIGNAL- INSTALLATION SERVICE- VIRTUAL1 $0.00 $0.00 $0.00 Annual Payment4 101611 AXON VR- CONTROLLER- RIFLE VRM4R2 $0.00 $0.00 $0.00 Annual Payment4 101648 AXON INTERVIEW- EXT WARRANTY-5 YEARS9 $886.80 $0.00 $886.80 Annual Payment4 102330 AXON VR- TAP REFRESH1- RIFLE CONTROLLER2 $0.00 $0.00 $0.00 Annual Payment4 102331 AXON VR- EXT WARRANTY- RIFLE CONTROLLER2 $0.00 $0.00 $0.00 Annual Payment4 102599 TASER CEW STARTER (UP TO 500 HANDLES)1 $2,972.99 $0.00 $2,972.99 188

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Aug 2029
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment4 102604 VR FACILITATOR& IMPLEMENTATION (2-DAY)1 $2,548.28 $0.00 $2,548.28 Annual Payment4 102610 AXON COMMUNITY LINK 129 $26,742.04 $0.00 $26,742.04 Annual Payment4 102616 PRODUCT SPECIFIC INSTRUCTOR CERT (2-DAY-10 STUDENTS)1 $1,441.05 $0.00 $1,441.05 Annual Payment4 50039 AXON INTERVIEW- CLIENT SOFTWARE- MAINT. PER TOUCH PANEL1 $359.44 $0.00 $359.44 Annual Payment4 50043 AXON INTERVIEW- STREAMING SERVER MAINTENANCE - PER SERVER2 $840.42 $0.00 $840.42 Annual Payment4 50045 AXON EVIDENCE- STORAGE- INTERVIEW ROOM UNLIMITED9 $12,814.67 $0.00 $12,814.67 Annual Payment4 50114 AXON INTERVIEW- CAMERA- COVERT SENSOR9 $680.39 $59.53 $739.92 Annual Payment4 50118 AXON INTERVIEW- MIC- WIRED (STANDARD MIC)9 $399.44 $34.95 $434.39 Annual Payment4 50218 AXON INTERVIEW- CAMERA- COVERT MAIN UNIT9 $1,337.85 $117.06 $1,454.91 Annual Payment4 50295 AXON INTERVIEW- SERVER- PRO2 $2,298.97 $201.16 $2,500.13 Annual Payment4 50322 AXON INTERVIEW- TOUCH PANEL PRO1 $537.69 $47.05 $584.74 Annual Payment4 73447 AXON BODY- LICENSE- FUSUS LIVESTREAM9 $1,865.72 $0.00 $1,865.72 Annual Payment4 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE2 $0.00 $0.00 $0.00 Annual Payment4 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE2 $0.00 $0.00 $0.00 Annual Payment4 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE2 $0.00 $0.00 $0.00 Annual Payment4 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE2 $0.00 $0.00 $0.00 Annual Payment4 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE 129 $0.00 $0.00 $0.00 Annual Payment4 73682 AXON EVIDENCE- AUTO TAGGING LICENSE9 $1,244.20 $0.00 $1,244.20 Annual Payment4 73682 AXON EVIDENCE- AUTO TAGGING LICENSE 129 $17,833.51 $0.00 $17,833.51 Annual Payment4 74056 AXON INTERVIEW- TOUCH PANEL WALL MOUNT1 $13.59 $1.19 $14.78 Annual Payment4 74116 AXON INTERVIEW- COVERT ENCLOSURE9 $210.23 $18.40 $228.63 Annual Payment4 85170 AXON INTERVIEW- INSTALLATION- STANDARD (PER ROOM)9 $9,556.05 $0.00 $9,556.05 Annual Payment4 99901 AXON ACCELERATE CONFERENCE REGISTRATION 20 $0.00 $0.00 $0.00 Annual Payment4 B00075 OUTPOST PLAN5 $0.00 $0.00 $0.00
Annual Payment4 BasicLicense Basic License Bundle 13 $2,691.62 $0.00 $2,691.62 Annual Payment4 BWCUwTAP BWC Unlimited with TAP9 $11,800.97 $327.84 $12,128.81 Annual Payment4 H00002 AB4 Multi Bay Dock Bundle 18 $0.00 $0.00 $0.00 Annual Payment4 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE8 $0.00 $0.00 $0.00 Annual Payment4 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 130 $0.00 $0.00 $0.00 Annual Payment4 M00049 OFFICER SAFETY PLAN T10 129 $391,713.51 $14,961.80 $406,675.31 Annual Payment4 ProLicense Pro License Bundle4 $2,484.57 $0.00 $2,484.57 Annual Payment4 S00016 AXON AI- AI ERA 129 $354,319.80 $0.00 $354,319.80 Annual Payment4 T00001 AB4 FLEX POV TAP BUNDLE 130 $12,737.57 $750.48 $13,488.05 Annual Payment4 T10ALCHWK TASER 10 A-LA-CARTE Hardware Kit 18 $0.00 $0.00 $0.00 Annual Payment4 V00026 UPGRADE 2026 TASER SKILLS TO FULL VR PLAN 129 $21,367.33 $533.90 $21,901.23 Phase1- Annual Payment3 100838 TRUE UP- OFFICER SAFETY PLAN 102 $284.70 $24.91 $309.61 Phase1- Annual Payment3 101909 AXON VR- USER ACCESS- TASER SKILLS TO FULL VR UPGRADE2 $306.00 $0.00 $306.00 Phase1- Annual Payment3 102610 AXON COMMUNITY LINK2 $382.56 $0.00 $382.56 Phase1- Annual Payment3 73682 AXON EVIDENCE- AUTO TAGGING LICENSE2 $254.88 $0.00 $254.88 Phase1- Annual Payment3 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE2 $524.50 $45.89 $570.39 Phase1- Annual Payment3 M00049 OFFICER SAFETY PLAN T102 $5,605.36 $229.24 $5,834.60 Phase1- Annual Payment3 S00016 AXON AI- AI ERA2 $5,070.22 $0.00 $5,070.22 Phase2- Annual Payment2 100838 TRUE UP- OFFICER SAFETY PLAN 102 $759.20 $66.43 $825.63 Phase2- Annual Payment2 101909 AXON VR- USER ACCESS- TASER SKILLS TO FULL VR UPGRADE2 $299.76 $0.00 $299.76 Phase2- Annual Payment2 102610 AXON COMMUNITY LINK2 $374.64 $0.00 $374.64 Phase2- Annual Payment2 73682 AXON EVIDENCE- AUTO TAGGING LICENSE2 $249.84 $0.00 $249.84 Phase2- Annual Payment2 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE2 $699.33 $61.19 $760.52 Phase2- Annual Payment2 M00049 OFFICER SAFETY PLAN T102 $5,493.95 $261.82 $5,755.77 Phase2- Annual Payment2 S00016 AXON AI- AI ERA2 $4,969.70 $0.00 $4,969.70 Total $921,657.63 $18,290.60 $939,948.23
189

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Sep 2029
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment M00049 OFFICER SAFETY PLAN T102 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00
Aug 2030
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment1 100838 TRUE UP- OFFICER SAFETY PLAN 102 $4,555.20 $398.58 $4,953.78 Annual Payment1 101909 AXON VR- USER ACCESS- TASER SKILLS TO FULL VR UPGRADE2 $288.00 $0.00 $288.00 Annual Payment1 102610 AXON COMMUNITY LINK2 $360.00 $0.00 $360.00 Annual Payment1 73682 AXON EVIDENCE- AUTO TAGGING LICENSE2 $240.00 $0.00 $240.00 Annual Payment1 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE2 $2,098.00 $183.58 $2,281.58 Annual Payment1 M00049 OFFICER SAFETY PLAN T102 $5,279.83 $371.70 $5,651.53 Annual Payment1 S00016 AXON AI- AI ERA2 $4,776.00 $0.00 $4,776.00 Annual Payment2 100838 TRUE UP- OFFICER SAFETY PLAN 102 $1,708.20 $149.47 $1,857.67 Annual Payment2 101909 AXON VR- USER ACCESS- TASER SKILLS TO FULL VR UPGRADE2 $293.76 $0.00 $293.76 Annual Payment2 102610 AXON COMMUNITY LINK2 $367.20 $0.00 $367.20 Annual Payment2 73682 AXON EVIDENCE- AUTO TAGGING LICENSE2 $244.80 $0.00 $244.80 Annual Payment2 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE2 $1,049.00 $91.79 $1,140.79 Annual Payment2 M00049 OFFICER SAFETY PLAN T102 $5,385.33 $306.51 $5,691.84 Annual Payment2 S00016 AXON AI- AI ERA2 $4,871.53 $0.00 $4,871.53 Annual Payment5 100105 COMMUNITY LINK/PRO PSO SETUP1 $752.48 $0.00 $752.48 Annual Payment5 100399 AXON TASER 10- CARTRIDGE- LIVE 180 $0.00 $0.00 $0.00 Annual Payment5 100610 AXON SIGNAL- INSTALLATION SERVICE- VIRTUAL1 $0.00 $0.00 $0.00 Annual Payment5 101611 AXON VR- CONTROLLER- RIFLE VRM4R2 $0.00 $0.00 $0.00 Annual Payment5 101648 AXON INTERVIEW- EXT WARRANTY-5 YEARS9 $872.88 $0.00 $872.88 Annual Payment5 102330 AXON VR- TAP REFRESH1- RIFLE CONTROLLER2 $0.00 $0.00 $0.00 Annual Payment5 102331 AXON VR- EXT WARRANTY- RIFLE CONTROLLER2 $0.00 $0.00 $0.00 Annual Payment5 102599 TASER CEW STARTER (UP TO 500 HANDLES)1 $2,926.31 $0.00 $2,926.31 Annual Payment5 102604 VR FACILITATOR& IMPLEMENTATION (2-DAY)1 $2,508.27 $0.00 $2,508.27 Annual Payment5 102610 AXON COMMUNITY LINK 129 $26,322.12 $0.00 $26,322.12 Annual Payment5 102616 PRODUCT SPECIFIC INSTRUCTOR CERT (2-DAY-10 STUDENTS)1 $1,418.42 $0.00 $1,418.42 Annual Payment5 50039 AXON INTERVIEW- CLIENT SOFTWARE- MAINT. PER TOUCH PANEL1 $353.79 $0.00 $353.79 Annual Payment5 50043 AXON INTERVIEW- STREAMING SERVER MAINTENANCE - PER SERVER2 $827.23 $0.00 $827.23 Annual Payment5 50045 AXON EVIDENCE- STORAGE- INTERVIEW ROOM UNLIMITED9 $12,613.44 $0.00 $12,613.44 Annual Payment5 50114 AXON INTERVIEW- CAMERA- COVERT SENSOR9 $669.71 $58.60 $728.31 Annual Payment5 50118 AXON INTERVIEW- MIC- WIRED (STANDARD MIC)9 $393.17 $34.40 $427.57 Annual Payment5 50218 AXON INTERVIEW- CAMERA- COVERT MAIN UNIT9 $1,316.84 $115.22 $1,432.06 Annual Payment5 50295 AXON INTERVIEW- SERVER- PRO2 $2,262.87 $198.00 $2,460.87 Annual Payment5 50322 AXON INTERVIEW- TOUCH PANEL PRO1 $529.24 $46.31 $575.55 Annual Payment5 73447 AXON BODY- LICENSE- FUSUS LIVESTREAM9 $1,836.43 $0.00 $1,836.43 Annual Payment5 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE 129 $0.00 $0.00 $0.00 Annual Payment5 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE2 $0.00 $0.00 $0.00 Annual Payment5 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE2 $0.00 $0.00 $0.00 Annual Payment5 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE2 $0.00 $0.00 $0.00 Annual Payment5 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE2 $0.00 $0.00 $0.00 Annual Payment5 73682 AXON EVIDENCE- AUTO TAGGING LICENSE9 $1,224.66 $0.00 $1,224.66 Annual Payment5 73682 AXON EVIDENCE- AUTO TAGGING LICENSE 129 $17,553.47 $0.00 $17,553.47 Annual Payment5 74056 AXON INTERVIEW- TOUCH PANEL WALL MOUNT1 $13.38 $1.17 $14.55 Annual Payment5 74116 AXON INTERVIEW- COVERT ENCLOSURE9 $206.93 $18.11 $225.04 Annual Payment5 85170 AXON INTERVIEW- INSTALLATION- STANDARD (PER ROOM)9 $9,406.00 $0.00 $9,406.00 Annual Payment5 99901 AXON ACCELERATE CONFERENCE REGISTRATION 20 $0.00 $0.00 $0.00 Annual Payment5 B00075 OUTPOST PLAN5 $0.00 $0.00 $0.00
Annual Payment5 BasicLicense Basic License Bundle 13 $2,649.36 $0.00 $2,649.36 190

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Aug 2030
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 5 BWCUwTAP BWC Unlimited with TAP 9 $11,615.66 $322.70 $11,938.36 Annual Payment 5 H00002 AB4 Multi Bay Dock Bundle 18 $0.00 $0.00 $0.00 Annual Payment 5 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 8 $0.00 $0.00 $0.00 Annual Payment 5 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 130 $0.00 $0.00 $0.00 Annual Payment 5 M00049 OFFICER SAFETY PLAN T10 129 $385,562.60 $14,726.94 $400,289.54 Annual Payment 5 ProLicense Pro License Bundle 4 $2,445.56 $0.00 $2,445.56 Annual Payment 5 S00016 AXON AI - AI ERA 129 $348,756.05 $0.00 $348,756.05 Annual Payment 5 T00001 AB4 FLEX POV TAP BUNDLE 130 $12,537.56 $738.68 $13,276.24 Annual Payment 5 T10ALCHWK TASER 10 A-LA-CARTE Hardware Kit 18 $0.00 $0.00 $0.00 Annual Payment 5 V00026 UPGRADE 2026 TASER SKILLS TO FULL VR PLAN 129 $21,031.80 $525.51 $21,557.31 Phase 1 - Annual Payment 4 100838 TRUE UP - OFFICER SAFETY PLAN 10 2 $284.70 $24.92 $309.62 Phase 1 - Annual Payment 4 101909 AXON VR - USER ACCESS - TASER SKILLS TO FULL VR UPGRADE 2 $306.00 $0.00 $306.00 Phase 1 - Annual Payment 4 102610 AXON COMMUNITY LINK 2 $382.56 $0.00 $382.56 Phase 1 - Annual Payment 4 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 2 $254.88 $0.00 $254.88 Phase 1 - Annual Payment 4 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 2 $524.50 $45.90 $570.40 Phase 1 - Annual Payment 4 M00049 OFFICER SAFETY PLAN T10 2 $5,605.36 $229.14 $5,834.50 Phase 1 - Annual Payment 4 S00016 AXON AI - AI ERA 2 $5,070.22 $0.00 $5,070.22 Phase 2 - Annual Payment 3 100838 TRUE UP - OFFICER SAFETY PLAN 10 2 $759.20 $66.44 $825.64 Phase 2 - Annual Payment 3 101909 AXON VR - USER ACCESS - TASER SKILLS TO FULL VR UPGRADE 2 $299.76 $0.00 $299.76 Phase 2 - Annual Payment 3 102610 AXON COMMUNITY LINK 2 $374.64 $0.00 $374.64 Phase 2 - Annual Payment 3 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 2 $249.84 $0.00 $249.84 Phase 2 - Annual Payment 3 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 2 $699.33 $61.19 $760.52 Phase 2 - Annual Payment 3 M00049 OFFICER SAFETY PLAN T10 2 $5,493.95 $261.83 $5,755.78 Phase 2 - Annual Payment 3 S00016 AXON AI - AI ERA 2 $4,969.70 $0.00 $4,969.70 Total $925,397.72 $18,976.69 $944,374.41
Sep 2030
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment M00049 OFFICER SAFETY PLAN T10 2 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00
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Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.
192

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Exceptions to Standard Terms and Conditions
Agency has existing contract(s) originated via Quote(s):

Q-377921, Q-492589,
Agency is terminating those contracts effective 9/1/2026. Any changes in this date will result in modification of the program value which may result in additional fees or credits due to or from Axon.

The parties agree that Axon is applying a Transfer Balance of $82,688.62 100% discounted body-worn camera and docking station hardware contained in this quote reflects a TAP replacement for hardware purchased under existing quotes aforementioned above. All TAP obligations from this contract will be considered fulfilled upon execution of this quote. 193

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Outpost SOW
1 Version 1.1 June 2025

1. Purpose. This Statement of Work (“SOW”) outlines the scope, responsibilities, and installation details for Axon as part of the Customer’s purchase of Axon Outpost. This SOW operates under the terms of the Agreement. All capitalized terms in this SOW shall have the same meaning as the Agreement.

2. Scope of Work. Axon and Axon authorized subcontractors will install and maintain Axon Outpost on selected Customer owned properties.

3. Installation Sites. Customer grants Axon the right to install and maintain Axon Outpost at sites approved by Axon.

3.1. If sites have not been selected or assessed at the time of contract signature, Axon reserves the right to invoice the Customer for additional install complexities not accounted for in the initial quote.

4. Installation, Validation, and Support.

4.1. Site Selection and Assessment. Axon will support site selection and assessment. Assessments may be conducted virtually or in-person and may include confirmation of visibility/coverage, cellular signal strength, solar feasibility, and access to AC power sources.

4.1.1.For all existing infrastructure installation sites, the Customer is responsible for the condition of existing infrastructure.

4.1.2.If during a site walk it has been deemed that an installation is more complex than initially quoted, Axon will notify the Customer in writing of scope and cost changes. No additional work will be initiated without Customer approval.

4.1.3.If Axon deems a selected location site is not suitable for installation, a new site must be selected and assessed.

4.2. Permitting. Axon will assist with obtaining the necessary local, state, or Federal approvals before installing Outpost. All permitting fees are the responsibility of the customer, unless otherwise stated. All permit licenses will be in the name of the customer.

4.3. Installation. Axon will install all Axon Outpost hardware and agreed-upon pole (where applicable).

4.3.1.Solar Sites. For sites with solar power, Axon will: (a) install the Outpost camera, battery, and solar panel; (b) ensure the camera is connected to power and internet; (c) ensure the camera is set at the optimal capture angle; (d) ensure the panel is installed for optimal sun exposure.

4.3.2.AC Sites. For sites with AC power, Axon will: (a) install the Outpost camera and AC adapter; (b) ensure the camera is set at the optimal capture angle. Axon will not conduct any electrical work to connect the AC adapter to power. The customer may work with a licensed electrician to connect the camera to power. Or, If requested, the customer may request for Axon to coordinate with a licensed electrician for an additional cost.

4.3.3.Existing Infrastructure Installations. Axon will install Outpost on existing infrastructure (e.g. utility pole, DOT pole, trailer) that is owned by the customer or where attachment agreements are already in place. If selected infrastructure has existing camera(s), Axon will remove the hardware before installing Outpost. Axon will not dispose of equipment, repair any surfaces or structures, or remove underground cables or conduit.

4.3.4.Standard Installations. Axon will install a direct burial pole with Outpost. Axon will call 811 prior to installation. Standard installation sites may not be in locations that require a breakaway or MASH rated pole.

4.3.5.Advanced Installations. Axon will install a breakaway or MASH rated pole with Outpost or install Outpost on existing infrastructure not owned by the Customer. Axon will call 811 prior to installation. 195
Outpost SOW
2 Version 1.1 June 2025

4.3.6.Complex Location Sites. Complex location sites require a custom SOW and include, but are not limited to, toll booths, bridges and overpasses, federal or military land, areas with restricted access or high security, flood zones, railway crossing, mountainous or hilly terrain.

4.3.7.Exclusions. Installation services do not include the following, unless specifically scoped in a custom SOW: electrical work, concrete drilling, bucket truck or non-standard equipment rental, trenching, tree trimming, custom engineered drawings or traffic plans, traffic control beyond basic MUTCD traffic control, environmental impact studies.

5. Power Requirements.

5.1. AC-Powered Sites. Axon will provide all necessary equipment compatible with standard AC power configurations. The Customer is responsible for contracting a licensed electrician to ensure installation meets NEC (National Electrical Code) standards. Power must be continuous and non-switched to support uninterrupted system operation. All electrical work must comply with local codes and safety regulations.

5.2. Solar-Powered Sites. Installation sites must offer unobstructed southern exposure to maximize solar efficiency. Axon will assess solar viability during site assessment, including shading, positioning, and mounting considerations. The Customer will ensure the selected sites maintain direct, unobstructed visibility to the sky to ensure consistent solar energy capture. The Customer agrees to help maintain environmental conditions that support reliable solar performance (e.g., minimizing nearby shade, vegetation growth).

6. Traffic Control. Axon will provide basic MUTCD traffic control and provide necessary traffic signs, cones, and temporary barriers.

7. Dependencies and Potential Delays. Installation is subject to but not limited by the following factors, which may affect scheduling and completion: delays due to local permitting requirements or jurisdictional approvals; availability and completion of necessary electrical work at the installation site (for AC-powered setups); coordination with the Customer and subcontractors, including restricted hours or special access requirements; weather-related delays that may impact site safety or installation feasibility; or any site-specific safety protocols or regulatory requirements that must be satisfied prior to deployment.

8. Training and Onboarding. Axon’s team will provide hands-on training for relevant personnel, user credentials and access to supporting applications, and operational guidance tailored to the current system configuration.

9. General Responsibilities.

9.1. Axon will: (a) install, configure, and maintain all hardware at designated location site; (b) validate system power, connectivity, and functionality of Outpost; (c) integrate Outpost with Fusus, including NCIC and state hotlists; and (d) will provide training, documentation, and technical support to Customer personnel

9.2. The Customer will: (a) fund and maintain all legally required permits, authorizations, and/or licensing to place, maintain, and/or remove the Outpost at the installation sites; (b) ensure access to installation sites, support device placement communication, and coordinate internally (e.g., facilities, IT, legal, public safety) to facilitate deployment; (c) support scheduling for permitting and local compliance requirements; (d) designate a primary and backup point of contact; and (e) support site selection, utility clearance, and installation approvals.
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Q-795243-46161LG
Issued: 05/19/2026
Quote Expiration: 06/30/2026
Estimated Contract Start Date: 09/01/2026
Account Number: 108400
Payment Terms: N30
Mode of Delivery: AUTO-GND
Credit/Debit Amount: $0.00

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Chino Police Dept. - CA
5450 Guardian Way
Chino,
CA
91710-1210
USA
Chino Police Dept. - CA
5450 Guardian Way
Chino
CA
91710-1210
USA
Email:

Lauren Gauer
Phone: 480-580-3639
Email: [email protected]
Fax:

Phone:

Email:

Fax:

Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $281,098.91 TOTAL COST $4,371,947.08
ESTIMATED TOTAL W/ TAX $4,464,008.92 TOTAL SAVINGS $1,405,494.57 197

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Payment Summary
Date Subtotal Tax Total
Aug 2026 $778,706.03 $20,789.15 $799,495.18
Aug 2027 $857,325.06 $16,627.40 $873,952.46
Aug 2028 $888,860.64 $17,378.00 $906,238.64
Aug 2029 $921,657.63 $18,290.60 $939,948.23
Aug 2030 $925,397.72 $18,976.69 $944,374.41
Total $4,371,947.08 $92,061.84 $4,464,008.92
198

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Quote Unbundled Price: $5,616,317.44
Quote List Price: $4,557,463.72
Quote Subtotal: $4,371,947.08
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
100553 TRANSFER BALANCE - SOFTWARE AND SERVICES 1 $1.00 ($1,183.28) ($1,183.28) $0.00 ($1,183.28) 100838 TRUE UP - OFFICER SAFETY PLAN 10 2 12 $47.45 $47.45 $1,138.80 $99.65 $1,238.45 100838 TRUE UP - OFFICER SAFETY PLAN 10 2 24 $47.45 $47.45 $2,277.60 $199.30 $2,476.90 100838 TRUE UP - OFFICER SAFETY PLAN 10 2 36 $47.45 $47.45 $3,416.40 $298.93 $3,715.33 100838 TRUE UP - OFFICER SAFETY PLAN 10 2 48 $47.45 $47.45 $4,555.20 $398.58 $4,953.78 100552 TRANSFER BALANCE - GOODS 1 $1.00 $83,871.90 $83,871.90 $7,338.79 $91,210.69 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 130 60 $0.00 $0.00 $0.00 $0.00 T00001 AB4 FLEX POV TAP BUNDLE 130 60 $7.19 $7.69 $7.69 $59,982.00 $3,534.03 $63,516.03 M00049 OFFICER SAFETY PLAN T10 129 60 $302.01 $238.32 $238.32 $1,844,601.65 $70,456.01 $1,915,057.66 V00026 UPGRADE 2026 TASER SKILLS TO FULL VR PLAN 129 60 $19.00 $13.00 $13.00 $100,620.00 $2,514.14 $103,134.14 B00075 OUTPOST PLAN 5 60 $308.72 $229.10 $0.00 $0.00 $0.00 $0.00 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 8 60 $0.00 $0.00 $0.00 $0.00 BWCUwTAP BWC Unlimited with TAP 9 60 $140.93 $102.91 $102.91 $55,571.40 $1,543.82 $57,115.22 S00016 AXON AI - AI ERA 129 60 $271.23 $215.57 $215.57 $1,668,511.80 $0.00 $1,668,511.80 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 2 48 $1,049.00 $2,098.00 $183.57 $2,281.57 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 2 36 $1,049.00 $2,098.00 $183.57 $2,281.57 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 2 24 $1,049.00 $2,098.00 $183.57 $2,281.57 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 2 12 $1,049.00 $2,098.00 $183.58 $2,281.58 S00016 AXON AI - AI ERA 2 48 $265.60 $211.26 $211.26 $20,280.96 $0.00 $20,280.96 S00016 AXON AI - AI ERA 2 36 $260.20 $207.07 $207.07 $14,909.04 $0.00 $14,909.04 S00016 AXON AI - AI ERA 2 24 $255.00 $202.98 $202.98 $9,743.04 $0.00 $9,743.04 S00016 AXON AI - AI ERA 2 12 $250.00 $199.00 $199.00 $4,776.00 $0.00 $4,776.00 M00049 OFFICER SAFETY PLAN T10 2 48 $302.77 $233.56 $233.56 $22,421.38 $916.86 $23,338.24 M00049 OFFICER SAFETY PLAN T10 2 36 $341.98 $228.92 $228.92 $16,481.89 $785.47 $17,267.36 M00049 OFFICER SAFETY PLAN T10 2 24 $424.28 $224.40 $224.39 $10,770.67 $613.03 $11,383.70 M00049 OFFICER SAFETY PLAN T10 2 12 $677.76 $220.00 $219.99 $5,279.83 $371.70 $5,651.53 A la Carte Hardware
101611 AXON VR - CONTROLLER - RIFLE VRM4R 2 $5,499.00 $0.00 $0.00 $0.00 $0.00 102330 AXON VR - TAP REFRESH 1 - RIFLE CONTROLLER 2 $324.00 $0.00 $0.00 $0.00 $0.00 100399 AXON TASER 10 - CARTRIDGE - LIVE 180 $24.00 $0.00 $0.00 $0.00 $0.00 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 1 $64.00 $64.00 $64.00 $5.60 $69.60 50322 AXON INTERVIEW - TOUCH PANEL PRO 1 $2,532.00 $2,532.00 $2,532.00 $221.55 $2,753.55 74116 AXON INTERVIEW - COVERT ENCLOSURE 9 $110.00 $110.00 $990.00 $86.63 $1,076.63 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 9 $209.00 $209.00 $1,881.00 $164.58 $2,045.58 50114 AXON INTERVIEW - CAMERA - COVERT SENSOR 9 $356.00 $356.00 $3,204.00 $280.35 $3,484.35 50218 AXON INTERVIEW - CAMERA - COVERT MAIN UNIT 9 $700.00 $700.00 $6,300.00 $551.25 $6,851.25 50295 AXON INTERVIEW - SERVER - PRO 2 $5,413.00 $5,413.00 $10,826.00 $947.28 $11,773.28 T10ALCHWK TASER 10 A-LA-CARTE Hardware Kit 18 60 $2,641.52 $0.00 $0.00 $0.00 $0.00 H00002 AB4 Multi Bay Dock Bundle 18 $1,638.90 $0.00 $0.00 $0.00 $0.00 A la Carte Software
73478 AXON EVIDENCE - REDACTION ASSISTANT USER
LICENSE 2 12 $10.00 $0.00 $0.00 $0.00 $0.00
199
Page
4 Q-795243-46161LG
73478 AXON EVIDENCE
- REDACTION ASSISTANT USER

LICENSE
2 24 $10.20 $0.00 $0.00 $0.00 $0.00
73478 AXON EVIDENCE
- REDACTION ASSISTANT USER

LICENSE
2 36 $10.41 $0.00 $0.00 $0.00 $0.00
73478 AXON EVIDENCE
- REDACTION ASSISTANT USER

LICENSE
2 48 $10.62 $0.00 $0.00 $0.00 $0.00
73478 AXON EVIDENCE
- REDACTION ASSISTANT USER
LICENSE 129 60 $10.85 $0.00 $0.00 $0.00 $0.00
73682 AXON EVIDENCE- AUTO TAGGING LICENSE2 12 $10.00 $10.00 $240.00 $0.00 $240.00 101909 AXON VR
- USER ACCESS- TASER SKILLS TO FULL VR

UPGRADE
2 12 $12.00 $12.00 $288.00 $0.00 $288.00
102610 AXON COMMUNITY LINK2 12 $15.00 $15.00 $360.00 $0.00 $360.00 73682 AXON EVIDENCE- AUTO TAGGING LICENSE2 24 $10.20 $10.20 $489.60 $0.00 $489.60 101909 AXON VR
- USER ACCESS- TASER SKILLS TO FULL VR

UPGRADE
2 24 $12.24 $12.24 $587.52 $0.00 $587.52
102610 AXON COMMUNITY LINK2 24 $15.30 $15.30 $734.40 $0.00 $734.40 73682 AXON EVIDENCE- AUTO TAGGING LICENSE2 36 $10.41 $10.41 $749.52 $0.00 $749.52 101909 AXON VR
- USER ACCESS- TASER SKILLS TO FULL VR

UPGRADE
2 36 $12.49 $12.49 $899.28 $0.00 $899.28
73682 AXON EVIDENCE- AUTO TAGGING LICENSE2 48 $10.62 $10.62 $1,019.52 $0.00 $1,019.52 102610 AXON COMMUNITY LINK2 36 $15.61 $15.61 $1,123.92 $0.00 $1,123.92 101909 AXON VR
- USER ACCESS- TASER SKILLS TO FULL VR

UPGRADE
2 48 $12.75 $12.75 $1,224.00 $0.00 $1,224.00
102610 AXON COMMUNITY LINK2 48 $15.94 $15.94 $1,530.24 $0.00 $1,530.24 50039 AXON INTERVIEW
- CLIENT SOFTWARE- MAINT. PER

TOUCH PANEL
1 60 $28.21 $28.21 $1,692.60 $0.00 $1,692.60
50043 AXON INTERVIEW
- STREAMING SERVER

MAINTENANCE - PER SERVER
2 60 $32.98 $32.98 $3,957.60 $0.00 $3,957.60
73682 AXON EVIDENCE- AUTO TAGGING LICENSE9 60 $10.85 $10.85 $5,859.00 $0.00 $5,859.00 73447 AXON BODY- LICENSE- FUSUS LIVESTREAM9 60 $16.27 $16.27 $8,785.80 $0.00 $8,785.80 50045 AXON EVIDENCE
- STORAGE- INTERVIEW ROOM

UNLIMITED
9 60 $111.75 $111.75 $60,345.00 $0.00 $60,345.00
73682 AXON EVIDENCE- AUTO TAGGING LICENSE 129 60 $10.85 $10.85 $83,979.00 $0.00 $83,979.00 102610 AXON COMMUNITY LINK 129 60 $16.27 $16.27 $125,929.80 $0.00 $125,929.80 BasicLicense Basic License Bundle 13 60 $16.27 $16.25 $12,675.00 $0.00 $12,675.00 ProLicense Pro License Bundle4 60 $48.82 $48.75 $11,700.00 $0.00 $11,700.00 A la Carte Services
99901 AXON ACCELERATE CONFERENCE REGISTRATION 20 $899.00 $0.00 $0.00 $0.00 $0.00 100610 AXON SIGNAL- INSTALLATION SERVICE- VIRTUAL1 $1,500.00 $0.00 $0.00 $0.00 $0.00 100105 COMMUNITY LINK/PRO PSO SETUP1 $3,600.00 $3,600.00 $3,600.00 $0.00 $3,600.00 102616 PRODUCT SPECIFIC INSTRUCTOR CERT (2-DAY-10

STUDENTS)
1 $6,786.00 $6,786.00 $6,786.00 $0.00 $6,786.00
102604 VR FACILITATOR& IMPLEMENTATION (2-DAY)1 $12,000.00 $12,000.00 $12,000.00 $0.00 $12,000.00 102599 TASER CEW STARTER (UP TO 500 HANDLES)1 $14,000.00 $14,000.00 $14,000.00 $0.00 $14,000.00 85170 AXON INTERVIEW
- INSTALLATION- STANDARD (PER
ROOM)
9 $5,000.00 $5,000.00 $45,000.00 $0.00 $45,000.00
A la Carte Warranties
102331 AXON VR- EXT WARRANTY- RIFLE CONTROLLER2 49 $90.46 $0.00 $0.00 $0.00 $0.00 101648 AXON INTERVIEW- EXT WARRANTY-5 YEARS9 $464.00 $464.00 $4,176.00 $0.00 $4,176.00 Total $4,371,947.08 $92,061.84 $4,464,008.92
200

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Delivery Schedule
Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date AB4 CONNECTED HARDWARE BUNDLE 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 8 1 08/01/2026
AB4 CONNECTED HARDWARE BUNDLE 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 130 1 08/01/2026
AB4 CONNECTED HARDWARE BUNDLE 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 4 1 08/01/2026
AB4 CONNECTED HARDWARE BUNDLE 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 143 1 08/01/2026 AB4 CONNECTED HARDWARE BUNDLE 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 9 1 08/01/2026 AB4 CONNECTED HARDWARE BUNDLE 100775 AXON BODY 4 - MAGNETIC DISCONNECT CABLE 9 1 08/01/2026 AB4 CONNECTED HARDWARE BUNDLE 100775 AXON BODY 4 - MAGNETIC DISCONNECT CABLE 143 1 08/01/2026 AB4 CONNECTED HARDWARE BUNDLE 74028 AXON BODY - MOUNT - WING CLIP RAPIDLOCK 143 1 08/01/2026 AB4 CONNECTED HARDWARE BUNDLE 74028 AXON BODY - MOUNT - WING CLIP RAPIDLOCK 9 1 08/01/2026 AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - 8 BAY DOCK 18 1 08/01/2026 AB4 Multi Bay Dock Bundle 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 18 1 08/01/2026 AB4 Multi Bay Dock Bundle 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 18 1 08/01/2026 OFFICER SAFETY PLAN T10 100122 AXON VR - HEADSET - BATTERY 2 1 08/01/2026 OFFICER SAFETY PLAN T10 100126 AXON VR - TACTICAL BAG 6 1 08/01/2026 OFFICER SAFETY PLAN T10 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 129 1 08/01/2026 OFFICER SAFETY PLAN T10 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 4 1 08/01/2026 OFFICER SAFETY PLAN T10 100394 AXON TASER 10 - MAGAZINE - HALT TRAINING BLUE 8 1 08/01/2026 OFFICER SAFETY PLAN T10 100396 AXON TASER 10 - MAGAZINE - INERT RED 30 1 08/01/2026 OFFICER SAFETY PLAN T10 100399 AXON TASER 10 - CARTRIDGE - LIVE 1940 1 08/01/2026 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 910 1 08/01/2026 OFFICER SAFETY PLAN T10 100401 AXON TASER 10 - CARTRIDGE - INERT 300 1 08/01/2026 OFFICER SAFETY PLAN T10 100591 AXON TASER - CLEANING KIT 2 1 08/01/2026 OFFICER SAFETY PLAN T10 100611 AXON TASER 10 - SAFARILAND HOLSTER - RH 92 1 08/01/2026 OFFICER SAFETY PLAN T10 100613 AXON TASER 10 - SAFARILAND HOLSTER - LH 17 1 08/01/2026 OFFICER SAFETY PLAN T10 100621 AXON TASER 10 - HOLSTER - S.O. TECH AMBIDEXTROUS 20 1 08/01/2026 OFFICER SAFETY PLAN T10 100623 ENHANCED HOOK-AND-LOOP TRAINING (HALT) SUIT (V2) 2 1 08/01/2026 OFFICER SAFETY PLAN T10 100748 AXON VR - CONTROLLER - TASER 10 6 1 08/01/2026 OFFICER SAFETY PLAN T10 100754 AXON VR - HEADSET - BATTERY CHARGING DOCK 6 1 08/01/2026 OFFICER SAFETY PLAN T10 101122 AXON VR - HOLSTER - T10 SAFARILAND GRAY - RH 9 1 08/01/2026 OFFICER SAFETY PLAN T10 101123 AXON VR - HOLSTER - T10 SAFARILAND GRAY - LH 3 1 08/01/2026 OFFICER SAFETY PLAN T10 101455 AXON TASER 10 - REPLACEMENT TOOL KIT - INTERPOSER BUCKET 2 1 08/01/2026
OFFICER SAFETY PLAN T10 101456 AXON TASER 10 - REPLACEMENT INTERPOSER BUCKET 10 1 08/01/2026 OFFICER SAFETY PLAN T10 101751 AXON VR - HEADSET - HTC FOCUS VISION 6 1 08/01/2026 OFFICER SAFETY PLAN T10 101755 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK V2 4 1 08/01/2026 OFFICER SAFETY PLAN T10 101755 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK V2 129 1 08/01/2026 OFFICER SAFETY PLAN T10 101757 AXON TASER 10 - MAGAZINE - LIVE TRAINING PURPLE V2 30 1 08/01/2026 OFFICER SAFETY PLAN T10 101886 SIGNAL SENSOR 129 1 08/01/2026 OFFICER SAFETY PLAN T10 101889 AXON SIGNAL - BATTERY - CR2032 129 1 08/01/2026 OFFICER SAFETY PLAN T10 102186 AXON TASER 10 - COMMAND BOX 1 1 08/01/2026 OFFICER SAFETY PLAN T10 20018 AXON TASER - BATTERY PACK - TACTICAL 4 1 08/01/2026 OFFICER SAFETY PLAN T10 20018 AXON TASER - BATTERY PACK - TACTICAL 129 1 08/01/2026 OFFICER SAFETY PLAN T10 20018 AXON TASER - BATTERY PACK - TACTICAL 13 1 08/01/2026 OFFICER SAFETY PLAN T10 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 2 1 08/01/2026 201

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Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date OFFICER SAFETY PLAN T10 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 2 1 08/01/2026 OFFICER SAFETY PLAN T10 74200 AXON TASER - DOCK - SIX BAY PLUS CORE 2 1 08/01/2026 OFFICER SAFETY PLAN T10 80087 AXON TASER - TARGET - CONDUCTIVE PROFESSIONAL RUGGEDIZED 2 1 08/01/2026
OFFICER SAFETY PLAN T10 80090 AXON TASER - TARGET FRAME - PROFESSIONAL 27.5 IN X 75 IN 2 1 08/01/2026
OUTPOST PLAN 102032 AXON OUTPOST - CAMERA 5 1 08/01/2026 OUTPOST PLAN 102488 AXON OUTPOST - SOLAR PANEL - 100W 5 1 08/01/2026 OUTPOST PLAN 102538 AXON OUTPOST - TOP MOUNT END CAP - STANDARD 5 1 08/01/2026 OUTPOST PLAN 102552 AXON OUTPOST - POLE - STANDARD 5 1 08/01/2026 OUTPOST PLAN 102737 AXON OUTPOST - STANDARD SOLAR HARDWARE KIT 5 1 08/01/2026 OUTPOST PLAN 103151 AXON OUTPOST - BATTERY & CHARGER ENCLOSURE - EXTENDED 5 1 08/01/2026
TASER 10 A-LA-CARTE Hardware Kit 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 18 1 08/01/2026 TASER 10 A-LA-CARTE Hardware Kit 101755 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK V2 18 1 08/01/2026 TASER 10 A-LA-CARTE Hardware Kit 20018 AXON TASER - BATTERY PACK - TACTICAL 18 1 08/01/2026 UPGRADE 2026 TASER SKILLS TO FULL VR PLAN 100832 AXON VR - CONTROLLER - HANDGUN VR19H 6 1 08/01/2026 UPGRADE 2026 TASER SKILLS TO FULL VR PLAN 101294 AXON VR - TABLET 6 1 08/01/2026 UPGRADE 2026 TASER SKILLS TO FULL VR PLAN 101300 AXON VR - TABLET CASE 6 1 08/01/2026 UPGRADE 2026 TASER SKILLS TO FULL VR PLAN 102389 AXON VR - MULTI-USER ROOM MARKER 2 1 08/01/2026 A la Carte 100399 AXON TASER 10 - CARTRIDGE - LIVE 180 1 08/01/2026 A la Carte 101611 AXON VR - CONTROLLER - RIFLE VRM4R 2 1 08/01/2026 A la Carte 50114 AXON INTERVIEW - CAMERA - COVERT SENSOR 9 1 08/01/2026 A la Carte 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 9 1 08/01/2026 A la Carte 50218 AXON INTERVIEW - CAMERA - COVERT MAIN UNIT 9 1 08/01/2026 A la Carte 50295 AXON INTERVIEW - SERVER - PRO 2 1 08/01/2026 A la Carte 50322 AXON INTERVIEW - TOUCH PANEL PRO 1 1 08/01/2026 A la Carte 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 1 1 08/01/2026 A la Carte 74116 AXON INTERVIEW - COVERT ENCLOSURE 9 1 08/01/2026 AB4 CONNECTED HARDWARE BUNDLE 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 2 1 08/01/2027
AB4 CONNECTED HARDWARE BUNDLE 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 3 1 08/01/2027 AB4 CONNECTED HARDWARE BUNDLE 100775 AXON BODY 4 - MAGNETIC DISCONNECT CABLE 3 1 08/01/2027 AB4 CONNECTED HARDWARE BUNDLE 74020 AXON BODY - MOUNT - MAGNET FLEXIBLE RAPIDLOCK 3 1 08/01/2027 OFFICER SAFETY PLAN T10 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 2 1 08/01/2027 OFFICER SAFETY PLAN T10 100399 AXON TASER 10 - CARTRIDGE - LIVE 30 1 08/01/2027 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 20 1 08/01/2027 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 650 1 08/01/2027 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 10 1 08/01/2027 OFFICER SAFETY PLAN T10 100401 AXON TASER 10 - CARTRIDGE - INERT 20 1 08/01/2027 OFFICER SAFETY PLAN T10 100611 AXON TASER 10 - SAFARILAND HOLSTER - RH 2 1 08/01/2027 OFFICER SAFETY PLAN T10 101755 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK V2 2 1 08/01/2027 OFFICER SAFETY PLAN T10 101886 SIGNAL SENSOR 2 1 08/01/2027 OFFICER SAFETY PLAN T10 101889 AXON SIGNAL - BATTERY - CR2032 2 1 08/01/2027 OFFICER SAFETY PLAN T10 20018 AXON TASER - BATTERY PACK - TACTICAL 2 1 08/01/2027 OFFICER SAFETY PLAN T10 20018 AXON TASER - BATTERY PACK - TACTICAL 1 1 08/01/2027 AB4 CONNECTED HARDWARE BUNDLE 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 2 1 08/01/2028
AB4 CONNECTED HARDWARE BUNDLE 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 3 1 08/01/2028 AB4 CONNECTED HARDWARE BUNDLE 100775 AXON BODY 4 - MAGNETIC DISCONNECT CABLE 3 1 08/01/2028 AB4 CONNECTED HARDWARE BUNDLE 74020 AXON BODY - MOUNT - MAGNET FLEXIBLE RAPIDLOCK 3 1 08/01/2028 AB4 FLEX POV TAP BUNDLE 100976 AXON BODY - TAP REFRESH 1 - AB4 FLEX POV 134 1 08/01/2028 OFFICER SAFETY PLAN T10 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 2 1 08/01/2028 202

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Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date OFFICER SAFETY PLAN T10 100399 AXON TASER 10 - CARTRIDGE - LIVE 30 1 08/01/2028 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 10 1 08/01/2028 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 20 1 08/01/2028 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 640 1 08/01/2028 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 10 1 08/01/2028 OFFICER SAFETY PLAN T10 100401 AXON TASER 10 - CARTRIDGE - INERT 20 1 08/01/2028 OFFICER SAFETY PLAN T10 100611 AXON TASER 10 - SAFARILAND HOLSTER - RH 2 1 08/01/2028 OFFICER SAFETY PLAN T10 101755 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK V2 2 1 08/01/2028 OFFICER SAFETY PLAN T10 101886 SIGNAL SENSOR 2 1 08/01/2028 OFFICER SAFETY PLAN T10 101889 AXON SIGNAL - BATTERY - CR2032 2 1 08/01/2028 OFFICER SAFETY PLAN T10 20018 AXON TASER - BATTERY PACK - TACTICAL 1 1 08/01/2028 OFFICER SAFETY PLAN T10 20018 AXON TASER - BATTERY PACK - TACTICAL 2 1 08/01/2028 BWC Unlimited with TAP 73309 AXON BODY - TAP REFRESH 1 - CAMERA 9 1 02/01/2029 BWC Unlimited with TAP 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 1 1 02/01/2029 OFFICER SAFETY PLAN T10 101012 AXON VR - TAP REFRESH 1 - TASER CONTROLLER 6 1 02/01/2029 OFFICER SAFETY PLAN T10 20373 AXON VR - TAP REFRESH 1 - HEADSET 6 1 02/01/2029 OFFICER SAFETY PLAN T10 73309 AXON BODY - TAP REFRESH 1 - CAMERA 2 1 02/01/2029 OFFICER SAFETY PLAN T10 73309 AXON BODY - TAP REFRESH 1 - CAMERA 2 1 02/01/2029 OFFICER SAFETY PLAN T10 73309 AXON BODY - TAP REFRESH 1 - CAMERA 2 1 02/01/2029 OFFICER SAFETY PLAN T10 73309 AXON BODY - TAP REFRESH 1 - CAMERA 133 1 02/01/2029 OFFICER SAFETY PLAN T10 73309 AXON BODY - TAP REFRESH 1 - CAMERA 2 1 02/01/2029 OFFICER SAFETY PLAN T10 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 17 1 02/01/2029 UPGRADE 2026 TASER SKILLS TO FULL VR PLAN 100210 AXON VR - TAP REFRESH 1 - TABLET 6 1 02/01/2029 UPGRADE 2026 TASER SKILLS TO FULL VR PLAN 101009 AXON VR - TAP REFRESH 1 - HANDGUN CONTROLLER 6 1 02/01/2029 A la Carte 102330 AXON VR - TAP REFRESH 1 - RIFLE CONTROLLER 2 1 02/01/2029 AB4 CONNECTED HARDWARE BUNDLE 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 2 1 08/01/2029
AB4 CONNECTED HARDWARE BUNDLE 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 3 1 08/01/2029 AB4 CONNECTED HARDWARE BUNDLE 100775 AXON BODY 4 - MAGNETIC DISCONNECT CABLE 3 1 08/01/2029 AB4 CONNECTED HARDWARE BUNDLE 74020 AXON BODY - MOUNT - MAGNET FLEXIBLE RAPIDLOCK 3 1 08/01/2029 OFFICER SAFETY PLAN T10 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 2 1 08/01/2029 OFFICER SAFETY PLAN T10 100399 AXON TASER 10 - CARTRIDGE - LIVE 30 1 08/01/2029 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 10 1 08/01/2029 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 10 1 08/01/2029 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 10 1 08/01/2029 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 650 1 08/01/2029 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 10 1 08/01/2029 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 10 1 08/01/2029 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 20 1 08/01/2029 OFFICER SAFETY PLAN T10 100401 AXON TASER 10 - CARTRIDGE - INERT 20 1 08/01/2029 OFFICER SAFETY PLAN T10 100611 AXON TASER 10 - SAFARILAND HOLSTER - RH 2 1 08/01/2029 OFFICER SAFETY PLAN T10 101755 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK V2 2 1 08/01/2029 OFFICER SAFETY PLAN T10 101886 SIGNAL SENSOR 2 1 08/01/2029 OFFICER SAFETY PLAN T10 101889 AXON SIGNAL - BATTERY - CR2032 2 1 08/01/2029 OFFICER SAFETY PLAN T10 20018 AXON TASER - BATTERY PACK - TACTICAL 2 1 08/01/2029 OFFICER SAFETY PLAN T10 20018 AXON TASER - BATTERY PACK - TACTICAL 1 1 08/01/2029 AB4 CONNECTED HARDWARE BUNDLE 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 2 1 08/01/2030
AB4 CONNECTED HARDWARE BUNDLE 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 3 1 08/01/2030 AB4 CONNECTED HARDWARE BUNDLE 100775 AXON BODY 4 - MAGNETIC DISCONNECT CABLE 3 1 08/01/2030 AB4 CONNECTED HARDWARE BUNDLE 74020 AXON BODY - MOUNT - MAGNET FLEXIBLE RAPIDLOCK 3 1 08/01/2030 OFFICER SAFETY PLAN T10 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 2 1 08/01/2030 OFFICER SAFETY PLAN T10 100399 AXON TASER 10 - CARTRIDGE - LIVE 30 1 08/01/2030 203

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Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 20 1 08/01/2030 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 640 1 08/01/2030 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 10 1 08/01/2030 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 10 1 08/01/2030 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 10 1 08/01/2030 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 10 1 08/01/2030 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 10 1 08/01/2030 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 10 1 08/01/2030 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 10 1 08/01/2030 OFFICER SAFETY PLAN T10 100400 AXON TASER 10 - CARTRIDGE - HALT 10 1 08/01/2030 OFFICER SAFETY PLAN T10 100401 AXON TASER 10 - CARTRIDGE - INERT 20 1 08/01/2030 OFFICER SAFETY PLAN T10 100611 AXON TASER 10 - SAFARILAND HOLSTER - RH 2 1 08/01/2030 OFFICER SAFETY PLAN T10 101755 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK V2 2 1 08/01/2030 OFFICER SAFETY PLAN T10 101886 SIGNAL SENSOR 2 1 08/01/2030 OFFICER SAFETY PLAN T10 101889 AXON SIGNAL - BATTERY - CR2032 2 1 08/01/2030 OFFICER SAFETY PLAN T10 20018 AXON TASER - BATTERY PACK - TACTICAL 2 1 08/01/2030 OFFICER SAFETY PLAN T10 20018 AXON TASER - BATTERY PACK - TACTICAL 1 1 08/01/2030 BWC Unlimited with TAP 73310 AXON BODY - TAP REFRESH 2 - CAMERA 9 1 08/01/2031 BWC Unlimited with TAP 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 1 1 08/01/2031 OFFICER SAFETY PLAN T10 73310 AXON BODY - TAP REFRESH 2 - CAMERA 2 1 08/01/2031 OFFICER SAFETY PLAN T10 73310 AXON BODY - TAP REFRESH 2 - CAMERA 2 1 08/01/2031 OFFICER SAFETY PLAN T10 73310 AXON BODY - TAP REFRESH 2 - CAMERA 2 1 08/01/2031 OFFICER SAFETY PLAN T10 73310 AXON BODY - TAP REFRESH 2 - CAMERA 2 1 08/01/2031 OFFICER SAFETY PLAN T10 73310 AXON BODY - TAP REFRESH 2 - CAMERA 133 1 08/01/2031 OFFICER SAFETY PLAN T10 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 17 1 08/01/2031 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date AXON AI - AI ERA 101740 AXON - AI SOFTWARE LICENSE 129 09/01/2026 08/31/2031 Basic License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 13 09/01/2026 08/31/2031 Basic License Bundle 73840 AXON EVIDENCE - ECOM LICENSE - BASIC 13 09/01/2026 08/31/2031 BWC Unlimited with TAP 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 9 09/01/2026 08/31/2031 BWC Unlimited with TAP 73746 AXON EVIDENCE - ECOM LICENSE - PRO 9 09/01/2026 08/31/2031 OFFICER SAFETY PLAN T10 101180 AXON TASER - DATA SCIENCE PROGRAM 129 09/01/2026 08/31/2031 OFFICER SAFETY PLAN T10 101703 AXON VR - USER ACCESS - TASER SKILLS 129 09/01/2026 08/31/2031 OFFICER SAFETY PLAN T10 20248 AXON TASER - EVIDENCE.COM LICENSE 129 09/01/2026 08/31/2031 OFFICER SAFETY PLAN T10 20248 AXON TASER - EVIDENCE.COM LICENSE 2 09/01/2026 08/31/2031 OFFICER SAFETY PLAN T10 73447 AXON BODY - LICENSE - FUSUS LIVESTREAM 129 09/01/2026 08/31/2031 OFFICER SAFETY PLAN T10 73638 AXON STANDARDS - LICENSE 129 09/01/2026 08/31/2031 OFFICER SAFETY PLAN T10 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 1290 09/01/2026 08/31/2031 OFFICER SAFETY PLAN T10 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 129 09/01/2026 08/31/2031 OFFICER SAFETY PLAN T10 73746 AXON EVIDENCE - ECOM LICENSE - PRO 129 09/01/2026 08/31/2031 OFFICER SAFETY PLAN T10 73746 AXON EVIDENCE - ECOM LICENSE - PRO 1 09/01/2026 08/31/2031 OUTPOST PLAN 102142 AXON VEHICLE INTELLIGENCE - ALPR LICENSE 5 09/01/2026 08/31/2031 Pro License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 12 09/01/2026 08/31/2031 Pro License Bundle 73746 AXON EVIDENCE - ECOM LICENSE - PRO 4 09/01/2026 08/31/2031 UPGRADE 2026 TASER SKILLS TO FULL VR PLAN 101909 AXON VR - USER ACCESS - TASER SKILLS TO FULL VR UPGRADE 129 09/01/2026 08/31/2031
A la Carte 102610 AXON COMMUNITY LINK 129 09/01/2026 08/31/2031 A la Carte 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 1 09/01/2026 08/31/2031
204

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Software
Bundle Item Description QTY Estimated Start Date Estimated End Date A la Carte 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 09/01/2026 08/31/2031
A la Carte 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 9 09/01/2026 08/31/2031 A la Carte 73447 AXON BODY - LICENSE - FUSUS LIVESTREAM 9 09/01/2026 08/31/2031 A la Carte 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 129 09/01/2026 08/31/2031 A la Carte 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 129 09/01/2026 08/31/2031 A la Carte 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 9 09/01/2026 08/31/2031 AXON AI - AI ERA 101740 AXON - AI SOFTWARE LICENSE 2 09/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 101180 AXON TASER - DATA SCIENCE PROGRAM 2 09/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 101703 AXON VR - USER ACCESS - TASER SKILLS 2 09/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 20248 AXON TASER - EVIDENCE.COM LICENSE 2 09/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 73447 AXON BODY - LICENSE - FUSUS LIVESTREAM 2 09/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 73638 AXON STANDARDS - LICENSE 2 09/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 20 09/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 2 09/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 73746 AXON EVIDENCE - ECOM LICENSE - PRO 2 09/01/2027 08/31/2031 A la Carte 101909 AXON VR - USER ACCESS - TASER SKILLS TO FULL VR UPGRADE 2 09/01/2027 08/31/2031
A la Carte 102610 AXON COMMUNITY LINK 2 09/01/2027 08/31/2031 A la Carte 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 2 09/01/2027 08/31/2031 A la Carte 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 2 09/01/2027 08/31/2031 AXON AI - AI ERA 101740 AXON - AI SOFTWARE LICENSE 2 09/01/2028 08/31/2031 OFFICER SAFETY PLAN T10 101180 AXON TASER - DATA SCIENCE PROGRAM 2 09/01/2028 08/31/2031 OFFICER SAFETY PLAN T10 101703 AXON VR - USER ACCESS - TASER SKILLS 2 09/01/2028 08/31/2031 OFFICER SAFETY PLAN T10 20248 AXON TASER - EVIDENCE.COM LICENSE 2 09/01/2028 08/31/2031 OFFICER SAFETY PLAN T10 73447 AXON BODY - LICENSE - FUSUS LIVESTREAM 2 09/01/2028 08/31/2031 OFFICER SAFETY PLAN T10 73638 AXON STANDARDS - LICENSE 2 09/01/2028 08/31/2031 OFFICER SAFETY PLAN T10 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 20 09/01/2028 08/31/2031 OFFICER SAFETY PLAN T10 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 2 09/01/2028 08/31/2031 OFFICER SAFETY PLAN T10 73746 AXON EVIDENCE - ECOM LICENSE - PRO 2 09/01/2028 08/31/2031 A la Carte 101909 AXON VR - USER ACCESS - TASER SKILLS TO FULL VR UPGRADE 2 09/01/2028 08/31/2031
A la Carte 102610 AXON COMMUNITY LINK 2 09/01/2028 08/31/2031 A la Carte 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 2 09/01/2028 08/31/2031 A la Carte 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 2 09/01/2028 08/31/2031 AXON AI - AI ERA 101740 AXON - AI SOFTWARE LICENSE 2 09/01/2029 08/31/2031 OFFICER SAFETY PLAN T10 101180 AXON TASER - DATA SCIENCE PROGRAM 2 09/01/2029 08/31/2031 OFFICER SAFETY PLAN T10 101703 AXON VR - USER ACCESS - TASER SKILLS 2 09/01/2029 08/31/2031 OFFICER SAFETY PLAN T10 20248 AXON TASER - EVIDENCE.COM LICENSE 2 09/01/2029 08/31/2031 OFFICER SAFETY PLAN T10 73447 AXON BODY - LICENSE - FUSUS LIVESTREAM 2 09/01/2029 08/31/2031 OFFICER SAFETY PLAN T10 73638 AXON STANDARDS - LICENSE 2 09/01/2029 08/31/2031 OFFICER SAFETY PLAN T10 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 20 09/01/2029 08/31/2031 OFFICER SAFETY PLAN T10 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 2 09/01/2029 08/31/2031 OFFICER SAFETY PLAN T10 73746 AXON EVIDENCE - ECOM LICENSE - PRO 2 09/01/2029 08/31/2031 A la Carte 101909 AXON VR - USER ACCESS - TASER SKILLS TO FULL VR UPGRADE 2 09/01/2029 08/31/2031
A la Carte 102610 AXON COMMUNITY LINK 2 09/01/2029 08/31/2031 A la Carte 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 2 09/01/2029 08/31/2031 A la Carte 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 2 09/01/2029 08/31/2031 AXON AI - AI ERA 101740 AXON - AI SOFTWARE LICENSE 2 09/01/2030 08/31/2031 OFFICER SAFETY PLAN T10 101180 AXON TASER - DATA SCIENCE PROGRAM 2 09/01/2030 08/31/2031 OFFICER SAFETY PLAN T10 101703 AXON VR - USER ACCESS - TASER SKILLS 2 09/01/2030 08/31/2031 OFFICER SAFETY PLAN T10 20248 AXON TASER - EVIDENCE.COM LICENSE 2 09/01/2030 08/31/2031 205

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Software
Bundle Item Description QTY Estimated Start Date Estimated End Date OFFICER SAFETY PLAN T10 73447 AXON BODY - LICENSE - FUSUS LIVESTREAM 2 09/01/2030 08/31/2031 OFFICER SAFETY PLAN T10 73638 AXON STANDARDS - LICENSE 2 09/01/2030 08/31/2031 OFFICER SAFETY PLAN T10 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 20 09/01/2030 08/31/2031 OFFICER SAFETY PLAN T10 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 2 09/01/2030 08/31/2031 OFFICER SAFETY PLAN T10 73746 AXON EVIDENCE - ECOM LICENSE - PRO 2 09/01/2030 08/31/2031 A la Carte 101909 AXON VR - USER ACCESS - TASER SKILLS TO FULL VR UPGRADE 2 09/01/2030 08/31/2031
A la Carte 102610 AXON COMMUNITY LINK 2 09/01/2030 08/31/2031 A la Carte 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 2 09/01/2030 08/31/2031 A la Carte 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 2 09/01/2030 08/31/2031 Services
Bundle Item Description QTY
AXON AI - AI ERA 101741 AXON - AI PROFESSIONAL SERVICES 2 AXON AI - AI ERA 101741 AXON - AI PROFESSIONAL SERVICES 2 AXON AI - AI ERA 101741 AXON - AI PROFESSIONAL SERVICES 2 AXON AI - AI ERA 101741 AXON - AI PROFESSIONAL SERVICES 2 AXON AI - AI ERA 101741 AXON - AI PROFESSIONAL SERVICES 129 OFFICER SAFETY PLAN T10 100751 AXON TASER 10 - REPLACEMENT ACCESS PROGRAM - DUTY CARTRIDGE 2 OFFICER SAFETY PLAN T10 100751 AXON TASER 10 - REPLACEMENT ACCESS PROGRAM - DUTY CARTRIDGE 2 OFFICER SAFETY PLAN T10 100751 AXON TASER 10 - REPLACEMENT ACCESS PROGRAM - DUTY CARTRIDGE 2 OFFICER SAFETY PLAN T10 100751 AXON TASER 10 - REPLACEMENT ACCESS PROGRAM - DUTY CARTRIDGE 129 OFFICER SAFETY PLAN T10 100751 AXON TASER 10 - REPLACEMENT ACCESS PROGRAM - DUTY CARTRIDGE 2 OFFICER SAFETY PLAN T10 101193 AXON TASER - ON DEMAND CERTIFICATION 2 OFFICER SAFETY PLAN T10 101193 AXON TASER - ON DEMAND CERTIFICATION 129 OFFICER SAFETY PLAN T10 101193 AXON TASER - ON DEMAND CERTIFICATION 2 OFFICER SAFETY PLAN T10 101193 AXON TASER - ON DEMAND CERTIFICATION 2 OFFICER SAFETY PLAN T10 101193 AXON TASER - ON DEMAND CERTIFICATION 2 OUTPOST PLAN 102136 AXON OUTPOST - STANDARD INSTALLATION 5 A la Carte 100105 COMMUNITY LINK/PRO PSO SETUP 1
A la Carte 100610 AXON SIGNAL - INSTALLATION SERVICE - VIRTUAL 1 A la Carte 102599 TASER CEW STARTER (UP TO 500 HANDLES) 1 A la Carte 102604 VR FACILITATOR & IMPLEMENTATION (2-DAY) 1 A la Carte 102616 PRODUCT SPECIFIC INSTRUCTOR CERT (2-DAY-10 STUDENTS) 1 A la Carte 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM) 9 A la Carte 99901 AXON ACCELERATE CONFERENCE REGISTRATION 20 Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date AB4 FLEX POV TAP BUNDLE 100945 AXON BODY 4 - EXT WARRANTY - FLEX POV MODULE 130 09/01/2026 08/31/2031 AB4 FLEX POV TAP BUNDLE 100945 AXON BODY 4 - EXT WARRANTY - FLEX POV MODULE 4 09/01/2026 08/31/2031 A la Carte 101648 AXON INTERVIEW - EXT WARRANTY - 5 YEARS 9 BWC Unlimited with TAP 80464 AXON BODY - TAP WARRANTY - CAMERA 9 08/01/2027 08/31/2031 BWC Unlimited with TAP 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 1 08/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 100197 AXON VR - EXT WARRANTY - HEADSET 6 08/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 4 08/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 129 08/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 101007 AXON VR - EXT WARRANTY - TASER CONTROLLER 6 08/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 101686 AXON SIGNAL - EXT WARRANTY - SIGNAL SENSOR 129 08/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 129 08/01/2027 08/31/2031 206

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Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date OFFICER SAFETY PLAN T10 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 4 08/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 13 08/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 80396 AXON TASER - EXT WARRANTY - DOCK SIX BAY T7/T10 2 08/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 80464 AXON BODY - TAP WARRANTY - CAMERA 133 08/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 17 08/01/2027 08/31/2031 OUTPOST PLAN 102135 AXON OUTPOST - EXT WARRANTY - CAMERA 5 08/01/2027 08/31/2031 OUTPOST PLAN 102137 AXON OUTPOST - MAINTENANCE 5 08/01/2027 08/31/2031 TASER 10 A-LA-CARTE Hardware Kit 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 18 08/01/2027 08/31/2031 TASER 10 A-LA-CARTE Hardware Kit 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 18 08/01/2027 08/31/2031 UPGRADE 2026 TASER SKILLS TO FULL VR PLAN 100213 AXON VR - EXT WARRANTY - TABLET 6 08/01/2027 08/31/2031 UPGRADE 2026 TASER SKILLS TO FULL VR PLAN 101008 AXON VR - EXT WARRANTY - HANDGUN CONTROLLER 6 08/01/2027 08/31/2031 A la Carte 102331 AXON VR - EXT WARRANTY - RIFLE CONTROLLER 2 08/01/2027 08/31/2031 OFFICER SAFETY PLAN T10 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 2 08/01/2028 08/31/2031 OFFICER SAFETY PLAN T10 101686 AXON SIGNAL - EXT WARRANTY - SIGNAL SENSOR 2 08/01/2028 08/31/2031 OFFICER SAFETY PLAN T10 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 2 08/01/2028 08/31/2031 OFFICER SAFETY PLAN T10 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 1 08/01/2028 08/31/2031 OFFICER SAFETY PLAN T10 80464 AXON BODY - TAP WARRANTY - CAMERA 2 08/01/2028 08/31/2031 OFFICER SAFETY PLAN T10 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 2 08/01/2029 08/31/2031 OFFICER SAFETY PLAN T10 101686 AXON SIGNAL - EXT WARRANTY - SIGNAL SENSOR 2 08/01/2029 08/31/2031 OFFICER SAFETY PLAN T10 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 1 08/01/2029 08/31/2031 OFFICER SAFETY PLAN T10 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 2 08/01/2029 08/31/2031 OFFICER SAFETY PLAN T10 80464 AXON BODY - TAP WARRANTY - CAMERA 2 08/01/2029 08/31/2031 OFFICER SAFETY PLAN T10 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 2 08/01/2030 08/31/2031 OFFICER SAFETY PLAN T10 101686 AXON SIGNAL - EXT WARRANTY - SIGNAL SENSOR 2 08/01/2030 08/31/2031 OFFICER SAFETY PLAN T10 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 1 08/01/2030 08/31/2031 OFFICER SAFETY PLAN T10 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 2 08/01/2030 08/31/2031 OFFICER SAFETY PLAN T10 80464 AXON BODY - TAP WARRANTY - CAMERA 2 08/01/2030 08/31/2031 OFFICER SAFETY PLAN T10 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 2 08/01/2031 08/31/2031 OFFICER SAFETY PLAN T10 101686 AXON SIGNAL - EXT WARRANTY - SIGNAL SENSOR 2 08/01/2031 08/31/2031 OFFICER SAFETY PLAN T10 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 1 08/01/2031 08/31/2031 OFFICER SAFETY PLAN T10 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 2 08/01/2031 08/31/2031 OFFICER SAFETY PLAN T10 80464 AXON BODY - TAP WARRANTY - CAMERA 2 08/01/2031 08/31/2031 207

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Shipping Locations
Location Number Street City State Zip Country
1 5450 Guardian Way Chino CA 91710-1210 USA
1 5450 Guardian Way Chino CA 91710-1210 USA
Payment Details
Aug 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 1 100105 COMMUNITY LINK/PRO PSO SETUP 1 $602.96 $0.00 $602.96 Annual Payment 1 100399 AXON TASER 10 - CARTRIDGE - LIVE 180 $0.00 $0.00 $0.00 Annual Payment 1 100610 AXON SIGNAL - INSTALLATION SERVICE - VIRTUAL 1 $0.00 $0.00 $0.00 Annual Payment 1 101611 AXON VR - CONTROLLER - RIFLE VRM4R 2 $0.00 $0.00 $0.00 Annual Payment 1 101648 AXON INTERVIEW - EXT WARRANTY - 5 YEARS 9 $699.44 $0.00 $699.44 Annual Payment 1 102330 AXON VR - TAP REFRESH 1 - RIFLE CONTROLLER 2 $0.00 $0.00 $0.00 Annual Payment 1 102331 AXON VR - EXT WARRANTY - RIFLE CONTROLLER 2 $0.00 $0.00 $0.00 Annual Payment 1 102599 TASER CEW STARTER (UP TO 500 HANDLES) 1 $2,344.86 $0.00 $2,344.86 Annual Payment 1 102604 VR FACILITATOR & IMPLEMENTATION (2-DAY) 1 $2,009.88 $0.00 $2,009.88 Annual Payment 1 102610 AXON COMMUNITY LINK 129 $21,092.01 $0.00 $21,092.01 Annual Payment 1 102616 PRODUCT SPECIFIC INSTRUCTOR CERT (2-DAY-10 STUDENTS) 1 $1,136.59 $0.00 $1,136.59 Annual Payment 1 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 1 $283.49 $0.00 $283.49 Annual Payment 1 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $662.86 $0.00 $662.86 Annual Payment 1 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 9 $10,107.20 $0.00 $10,107.20 Annual Payment 1 50114 AXON INTERVIEW - CAMERA - COVERT SENSOR 9 $536.64 $46.96 $583.60 Annual Payment 1 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 9 $315.05 $27.57 $342.62 Annual Payment 1 50218 AXON INTERVIEW - CAMERA - COVERT MAIN UNIT 9 $1,055.19 $92.33 $1,147.52 Annual Payment 1 50295 AXON INTERVIEW - SERVER - PRO 2 $1,813.25 $158.66 $1,971.91 Annual Payment 1 50322 AXON INTERVIEW - TOUCH PANEL PRO 1 $424.09 $37.11 $461.20 Annual Payment 1 73447 AXON BODY - LICENSE - FUSUS LIVESTREAM 9 $1,471.54 $0.00 $1,471.54 Annual Payment 1 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 2 $0.00 $0.00 $0.00 Annual Payment 1 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 2 $0.00 $0.00 $0.00 Annual Payment 1 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 129 $0.00 $0.00 $0.00 Annual Payment 1 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 2 $0.00 $0.00 $0.00 Annual Payment 1 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 2 $0.00 $0.00 $0.00 Annual Payment 1 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 129 $14,065.66 $0.00 $14,065.66 Annual Payment 1 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 9 $981.33 $0.00 $981.33 Annual Payment 1 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 1 $10.72 $0.94 $11.66 Annual Payment 1 74116 AXON INTERVIEW - COVERT ENCLOSURE 9 $165.82 $14.51 $180.33 Annual Payment 1 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM) 9 $7,537.06 $0.00 $7,537.06 Annual Payment 1 99901 AXON ACCELERATE CONFERENCE REGISTRATION 20 $0.00 $0.00 $0.00 Annual Payment 1 B00075 OUTPOST PLAN 5 $0.00 $0.00 $0.00 Annual Payment 1 BasicLicense Basic License Bundle 13 $2,122.94 $0.00 $2,122.94 Annual Payment 1 BWCUwTAP BWC Unlimited with TAP 9 $9,307.65 $258.58 $9,566.23 Annual Payment 1 H00002 AB4 Multi Bay Dock Bundle 18 $0.00 $0.00 $0.00 Annual Payment 1 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 130 $0.00 $0.00 $0.00 Annual Payment 1 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 8 $0.00 $0.00 $0.00 Annual Payment 1 M00049 OFFICER SAFETY PLAN T10 129 $308,952.75 $11,800.69 $320,753.44 Annual Payment 1 ProLicense Pro License Bundle 4 $1,959.64 $0.00 $1,959.64 Annual Payment 1 S00016 AXON AI - AI ERA 129 $279,459.50 $0.00 $279,459.50 Annual Payment 1 T00001 AB4 FLEX POV TAP BUNDLE 130 $10,046.40 $591.92 $10,638.32 208

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Aug 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment1 T10ALCHWK TASER 10 A-LA-CARTE Hardware Kit 18 $0.00 $0.00 $0.00 Annual Payment1 V00026 UPGRADE 2026 TASER SKILLS TO FULL VR PLAN 129 $16,852.89 $421.09 $17,273.98 Transfer Value 100552 TRANSFER BALANCE- GOODS1 $83,871.90 $7,338.79 $91,210.69 Transfer Value 100553 TRANSFER BALANCE- SOFTWARE AND SERVICES1 ($1,183.28) $0.00 ($1,183.28) Total $778,706.03 $20,789.15 $799,495.18
Sep 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment M00049 OFFICER SAFETY PLAN T10 129 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00
Aug 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment2 100105 COMMUNITY LINK/PRO PSO SETUP1 $731.94 $0.00 $731.94 Annual Payment2 100399 AXON TASER 10- CARTRIDGE- LIVE 180 $0.00 $0.00 $0.00 Annual Payment2 100610 AXON SIGNAL- INSTALLATION SERVICE- VIRTUAL1 $0.00 $0.00 $0.00 Annual Payment2 101611 AXON VR- CONTROLLER- RIFLE VRM4R2 $0.00 $0.00 $0.00 Annual Payment2 101648 AXON INTERVIEW- EXT WARRANTY-5 YEARS9 $849.05 $0.00 $849.05 Annual Payment2 102330 AXON VR- TAP REFRESH1- RIFLE CONTROLLER2 $0.00 $0.00 $0.00 Annual Payment2 102331 AXON VR- EXT WARRANTY- RIFLE CONTROLLER2 $0.00 $0.00 $0.00 Annual Payment2 102599 TASER CEW STARTER (UP TO 500 HANDLES)1 $2,846.43 $0.00 $2,846.43 Annual Payment2 102604 VR FACILITATOR& IMPLEMENTATION (2-DAY)1 $2,439.80 $0.00 $2,439.80 Annual Payment2 102610 AXON COMMUNITY LINK 129 $25,603.63 $0.00 $25,603.63 Annual Payment2 102616 PRODUCT SPECIFIC INSTRUCTOR CERT (2-DAY-10 STUDENTS)1 $1,379.71 $0.00 $1,379.71 Annual Payment2 50039 AXON INTERVIEW- CLIENT SOFTWARE- MAINT. PER TOUCH PANEL1 $344.13 $0.00 $344.13 Annual Payment2 50043 AXON INTERVIEW- STREAMING SERVER MAINTENANCE - PER SERVER2 $804.65 $0.00 $804.65 Annual Payment2 50045 AXON EVIDENCE- STORAGE- INTERVIEW ROOM UNLIMITED9 $12,269.15 $0.00 $12,269.15 Annual Payment2 50114 AXON INTERVIEW- CAMERA- COVERT SENSOR9 $651.43 $57.00 $708.43 Annual Payment2 50118 AXON INTERVIEW- MIC- WIRED (STANDARD MIC)9 $382.44 $33.46 $415.90 Annual Payment2 50218 AXON INTERVIEW- CAMERA- COVERT MAIN UNIT9 $1,280.90 $112.08 $1,392.98 Annual Payment2 50295 AXON INTERVIEW- SERVER- PRO2 $2,201.11 $192.60 $2,393.71 Annual Payment2 50322 AXON INTERVIEW- TOUCH PANEL PRO1 $514.80 $45.04 $559.84 Annual Payment2 73447 AXON BODY- LICENSE- FUSUS LIVESTREAM9 $1,786.30 $0.00 $1,786.30 Annual Payment2 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE2 $0.00 $0.00 $0.00 Annual Payment2 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE2 $0.00 $0.00 $0.00 Annual Payment2 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE2 $0.00 $0.00 $0.00 Annual Payment2 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE 129 $0.00 $0.00 $0.00 Annual Payment2 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE2 $0.00 $0.00 $0.00 Annual Payment2 73682 AXON EVIDENCE- AUTO TAGGING LICENSE 129 $17,074.34 $0.00 $17,074.34 Annual Payment2 73682 AXON EVIDENCE- AUTO TAGGING LICENSE9 $1,191.23 $0.00 $1,191.23 Annual Payment2 74056 AXON INTERVIEW- TOUCH PANEL WALL MOUNT1 $13.01 $1.14 $14.15 Annual Payment2 74116 AXON INTERVIEW- COVERT ENCLOSURE9 $201.28 $17.61 $218.89 Annual Payment2 85170 AXON INTERVIEW- INSTALLATION- STANDARD (PER ROOM)9 $9,149.25 $0.00 $9,149.25 Annual Payment2 99901 AXON ACCELERATE CONFERENCE REGISTRATION 20 $0.00 $0.00 $0.00 Annual Payment2 B00075 OUTPOST PLAN5 $0.00 $0.00 $0.00
Annual Payment2 BasicLicense Basic License Bundle 13 $2,577.04 $0.00 $2,577.04 Annual Payment2 BWCUwTAP BWC Unlimited with TAP9 $11,298.59 $313.88 $11,612.47 Annual Payment2 H00002 AB4 Multi Bay Dock Bundle 18 $0.00 $0.00 $0.00 Annual Payment2 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE8 $0.00 $0.00 $0.00 Annual Payment2 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 130 $0.00 $0.00 $0.00 Annual Payment2 M00049 OFFICER SAFETY PLAN T10 129 $375,038.38 $14,324.85 $389,363.23 209

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Aug 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment2 ProLicense Pro License Bundle4 $2,378.81 $0.00 $2,378.81 Annual Payment2 S00016 AXON AI- AI ERA 129 $339,236.34 $0.00 $339,236.34 Annual Payment2 T00001 AB4 FLEX POV TAP BUNDLE 130 $12,195.35 $718.53 $12,913.88 Annual Payment2 T10ALCHWK TASER 10 A-LA-CARTE Hardware Kit 18 $0.00 $0.00 $0.00 Annual Payment2 V00026 UPGRADE 2026 TASER SKILLS TO FULL VR PLAN 129 $20,457.73 $511.17 $20,968.90 Phase1- Annual Payment1 100838 TRUE UP- OFFICER SAFETY PLAN 102 $284.70 $24.91 $309.61 Phase1- Annual Payment1 101909 AXON VR- USER ACCESS- TASER SKILLS TO FULL VR UPGRADE2 $306.00 $0.00 $306.00 Phase1- Annual Payment1 102610 AXON COMMUNITY LINK2 $382.56 $0.00 $382.56 Phase1- Annual Payment1 73682 AXON EVIDENCE- AUTO TAGGING LICENSE2 $254.88 $0.00 $254.88 Phase1- Annual Payment1 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE2 $524.50 $45.89 $570.39 Phase1- Annual Payment1 M00049 OFFICER SAFETY PLAN T102 $5,605.36 $229.24 $5,834.60 Phase1- Annual Payment1 S00016 AXON AI- AI ERA2 $5,070.24 $0.00 $5,070.24 Total $857,325.06 $16,627.40 $873,952.46
Sep 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment M00049 OFFICER SAFETY PLAN T102 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00
Aug 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment3 100105 COMMUNITY LINK/PRO PSO SETUP1 $748.13 $0.00 $748.13 Annual Payment3 100399 AXON TASER 10- CARTRIDGE- LIVE 180 $0.00 $0.00 $0.00 Annual Payment3 100610 AXON SIGNAL- INSTALLATION SERVICE- VIRTUAL1 $0.00 $0.00 $0.00 Annual Payment3 101611 AXON VR- CONTROLLER- RIFLE VRM4R2 $0.00 $0.00 $0.00 Annual Payment3 101648 AXON INTERVIEW- EXT WARRANTY-5 YEARS9 $867.83 $0.00 $867.83 Annual Payment3 102330 AXON VR- TAP REFRESH1- RIFLE CONTROLLER2 $0.00 $0.00 $0.00 Annual Payment3 102331 AXON VR- EXT WARRANTY- RIFLE CONTROLLER2 $0.00 $0.00 $0.00 Annual Payment3 102599 TASER CEW STARTER (UP TO 500 HANDLES)1 $2,909.40 $0.00 $2,909.40 Annual Payment3 102604 VR FACILITATOR& IMPLEMENTATION (2-DAY)1 $2,493.77 $0.00 $2,493.77 Annual Payment3 102610 AXON COMMUNITY LINK 129 $26,169.99 $0.00 $26,169.99 Annual Payment3 102616 PRODUCT SPECIFIC INSTRUCTOR CERT (2-DAY-10 STUDENTS)1 $1,410.23 $0.00 $1,410.23 Annual Payment3 50039 AXON INTERVIEW- CLIENT SOFTWARE- MAINT. PER TOUCH PANEL1 $351.75 $0.00 $351.75 Annual Payment3 50043 AXON INTERVIEW- STREAMING SERVER MAINTENANCE - PER SERVER2 $822.45 $0.00 $822.45 Annual Payment3 50045 AXON EVIDENCE- STORAGE- INTERVIEW ROOM UNLIMITED9 $12,540.54 $0.00 $12,540.54 Annual Payment3 50114 AXON INTERVIEW- CAMERA- COVERT SENSOR9 $665.84 $58.26 $724.10 Annual Payment3 50118 AXON INTERVIEW- MIC- WIRED (STANDARD MIC)9 $390.90 $34.20 $425.10 Annual Payment3 50218 AXON INTERVIEW- CAMERA- COVERT MAIN UNIT9 $1,309.23 $114.56 $1,423.79 Annual Payment3 50295 AXON INTERVIEW- SERVER- PRO2 $2,249.80 $196.86 $2,446.66 Annual Payment3 50322 AXON INTERVIEW- TOUCH PANEL PRO1 $526.19 $46.04 $572.23 Annual Payment3 73447 AXON BODY- LICENSE- FUSUS LIVESTREAM9 $1,825.81 $0.00 $1,825.81 Annual Payment3 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE2 $0.00 $0.00 $0.00 Annual Payment3 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE2 $0.00 $0.00 $0.00 Annual Payment3 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE 129 $0.00 $0.00 $0.00 Annual Payment3 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE2 $0.00 $0.00 $0.00 Annual Payment3 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE2 $0.00 $0.00 $0.00 Annual Payment3 73682 AXON EVIDENCE- AUTO TAGGING LICENSE9 $1,217.58 $0.00 $1,217.58 Annual Payment3 73682 AXON EVIDENCE- AUTO TAGGING LICENSE 129 $17,452.02 $0.00 $17,452.02 Annual Payment3 74056 AXON INTERVIEW- TOUCH PANEL WALL MOUNT1 $13.30 $1.16 $14.46 Annual Payment3 74116 AXON INTERVIEW- COVERT ENCLOSURE9 $205.74 $18.00 $223.74 Annual Payment3 85170 AXON INTERVIEW- INSTALLATION- STANDARD (PER ROOM)9 $9,351.63 $0.00 $9,351.63 210

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Aug 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment3 99901 AXON ACCELERATE CONFERENCE REGISTRATION 20 $0.00 $0.00 $0.00 Annual Payment3 B00075 OUTPOST PLAN5 $0.00 $0.00 $0.00
Annual Payment3 BasicLicense Basic License Bundle 13 $2,634.04 $0.00 $2,634.04 Annual Payment3 BWCUwTAP BWC Unlimited with TAP9 $11,548.52 $320.82 $11,869.34 Annual Payment3 H00002 AB4 Multi Bay Dock Bundle 18 $0.00 $0.00 $0.00 Annual Payment3 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 130 $0.00 $0.00 $0.00 Annual Payment3 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE8 $0.00 $0.00 $0.00 Annual Payment3 M00049 OFFICER SAFETY PLAN T10 129 $383,334.25 $14,641.73 $397,975.98 Annual Payment3 ProLicense Pro License Bundle4 $2,431.43 $0.00 $2,431.43 Annual Payment3 S00016 AXON AI- AI ERA 129 $346,740.27 $0.00 $346,740.27 Annual Payment3 T00001 AB4 FLEX POV TAP BUNDLE 130 $12,465.11 $734.42 $13,199.53 Annual Payment3 T10ALCHWK TASER 10 A-LA-CARTE Hardware Kit 18 $0.00 $0.00 $0.00 Annual Payment3 V00026 UPGRADE 2026 TASER SKILLS TO FULL VR PLAN 129 $20,910.26 $522.47 $21,432.73 Phase1- Annual Payment2 100838 TRUE UP- OFFICER SAFETY PLAN 102 $284.70 $24.91 $309.61 Phase1- Annual Payment2 101909 AXON VR- USER ACCESS- TASER SKILLS TO FULL VR UPGRADE2 $306.00 $0.00 $306.00 Phase1- Annual Payment2 102610 AXON COMMUNITY LINK2 $382.56 $0.00 $382.56 Phase1- Annual Payment2 73682 AXON EVIDENCE- AUTO TAGGING LICENSE2 $254.88 $0.00 $254.88 Phase1- Annual Payment2 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE2 $524.50 $45.89 $570.39 Phase1- Annual Payment2 M00049 OFFICER SAFETY PLAN T102 $5,605.36 $229.24 $5,834.60 Phase1- Annual Payment2 S00016 AXON AI- AI ERA2 $5,070.22 $0.00 $5,070.22 Phase2- Annual Payment1 100838 TRUE UP- OFFICER SAFETY PLAN 102 $759.20 $66.43 $825.63 Phase2- Annual Payment1 101909 AXON VR- USER ACCESS- TASER SKILLS TO FULL VR UPGRADE2 $299.76 $0.00 $299.76 Phase2- Annual Payment1 102610 AXON COMMUNITY LINK2 $374.64 $0.00 $374.64 Phase2- Annual Payment1 73682 AXON EVIDENCE- AUTO TAGGING LICENSE2 $249.84 $0.00 $249.84 Phase2- Annual Payment1 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE2 $699.33 $61.19 $760.52 Phase2- Annual Payment1 M00049 OFFICER SAFETY PLAN T102 $5,493.95 $261.82 $5,755.77 Phase2- Annual Payment1 S00016 AXON AI- AI ERA2 $4,969.69 $0.00 $4,969.69 Total $888,860.64 $17,378.00 $906,238.64
Sep 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment M00049 OFFICER SAFETY PLAN T102 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00
Aug 2029
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment1 100838 TRUE UP- OFFICER SAFETY PLAN 102 $1,708.20 $149.46 $1,857.66 Annual Payment1 101909 AXON VR- USER ACCESS- TASER SKILLS TO FULL VR UPGRADE2 $293.76 $0.00 $293.76 Annual Payment1 102610 AXON COMMUNITY LINK2 $367.20 $0.00 $367.20 Annual Payment1 73682 AXON EVIDENCE- AUTO TAGGING LICENSE2 $244.80 $0.00 $244.80 Annual Payment1 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE2 $1,049.00 $91.78 $1,140.78 Annual Payment1 M00049 OFFICER SAFETY PLAN T102 $5,385.33 $306.52 $5,691.85 Annual Payment1 S00016 AXON AI- AI ERA2 $4,871.52 $0.00 $4,871.52 Annual Payment4 100105 COMMUNITY LINK/PRO PSO SETUP1 $764.48 $0.00 $764.48 Annual Payment4 100399 AXON TASER 10- CARTRIDGE- LIVE 180 $0.00 $0.00 $0.00 Annual Payment4 100610 AXON SIGNAL- INSTALLATION SERVICE- VIRTUAL1 $0.00 $0.00 $0.00 Annual Payment4 101611 AXON VR- CONTROLLER- RIFLE VRM4R2 $0.00 $0.00 $0.00 Annual Payment4 101648 AXON INTERVIEW- EXT WARRANTY-5 YEARS9 $886.80 $0.00 $886.80 Annual Payment4 102330 AXON VR- TAP REFRESH1- RIFLE CONTROLLER2 $0.00 $0.00 $0.00 Annual Payment4 102331 AXON VR- EXT WARRANTY- RIFLE CONTROLLER2 $0.00 $0.00 $0.00 Annual Payment4 102599 TASER CEW STARTER (UP TO 500 HANDLES)1 $2,972.99 $0.00 $2,972.99 211

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Aug 2029
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment4 102604 VR FACILITATOR& IMPLEMENTATION (2-DAY)1 $2,548.28 $0.00 $2,548.28 Annual Payment4 102610 AXON COMMUNITY LINK 129 $26,742.04 $0.00 $26,742.04 Annual Payment4 102616 PRODUCT SPECIFIC INSTRUCTOR CERT (2-DAY-10 STUDENTS)1 $1,441.05 $0.00 $1,441.05 Annual Payment4 50039 AXON INTERVIEW- CLIENT SOFTWARE- MAINT. PER TOUCH PANEL1 $359.44 $0.00 $359.44 Annual Payment4 50043 AXON INTERVIEW- STREAMING SERVER MAINTENANCE - PER SERVER2 $840.42 $0.00 $840.42 Annual Payment4 50045 AXON EVIDENCE- STORAGE- INTERVIEW ROOM UNLIMITED9 $12,814.67 $0.00 $12,814.67 Annual Payment4 50114 AXON INTERVIEW- CAMERA- COVERT SENSOR9 $680.39 $59.53 $739.92 Annual Payment4 50118 AXON INTERVIEW- MIC- WIRED (STANDARD MIC)9 $399.44 $34.95 $434.39 Annual Payment4 50218 AXON INTERVIEW- CAMERA- COVERT MAIN UNIT9 $1,337.85 $117.06 $1,454.91 Annual Payment4 50295 AXON INTERVIEW- SERVER- PRO2 $2,298.97 $201.16 $2,500.13 Annual Payment4 50322 AXON INTERVIEW- TOUCH PANEL PRO1 $537.69 $47.05 $584.74 Annual Payment4 73447 AXON BODY- LICENSE- FUSUS LIVESTREAM9 $1,865.72 $0.00 $1,865.72 Annual Payment4 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE2 $0.00 $0.00 $0.00 Annual Payment4 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE2 $0.00 $0.00 $0.00 Annual Payment4 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE2 $0.00 $0.00 $0.00 Annual Payment4 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE2 $0.00 $0.00 $0.00 Annual Payment4 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE 129 $0.00 $0.00 $0.00 Annual Payment4 73682 AXON EVIDENCE- AUTO TAGGING LICENSE9 $1,244.20 $0.00 $1,244.20 Annual Payment4 73682 AXON EVIDENCE- AUTO TAGGING LICENSE 129 $17,833.51 $0.00 $17,833.51 Annual Payment4 74056 AXON INTERVIEW- TOUCH PANEL WALL MOUNT1 $13.59 $1.19 $14.78 Annual Payment4 74116 AXON INTERVIEW- COVERT ENCLOSURE9 $210.23 $18.40 $228.63 Annual Payment4 85170 AXON INTERVIEW- INSTALLATION- STANDARD (PER ROOM)9 $9,556.05 $0.00 $9,556.05 Annual Payment4 99901 AXON ACCELERATE CONFERENCE REGISTRATION 20 $0.00 $0.00 $0.00 Annual Payment4 B00075 OUTPOST PLAN5 $0.00 $0.00 $0.00
Annual Payment4 BasicLicense Basic License Bundle 13 $2,691.62 $0.00 $2,691.62 Annual Payment4 BWCUwTAP BWC Unlimited with TAP9 $11,800.97 $327.84 $12,128.81 Annual Payment4 H00002 AB4 Multi Bay Dock Bundle 18 $0.00 $0.00 $0.00 Annual Payment4 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE8 $0.00 $0.00 $0.00 Annual Payment4 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 130 $0.00 $0.00 $0.00 Annual Payment4 M00049 OFFICER SAFETY PLAN T10 129 $391,713.51 $14,961.80 $406,675.31 Annual Payment4 ProLicense Pro License Bundle4 $2,484.57 $0.00 $2,484.57 Annual Payment4 S00016 AXON AI- AI ERA 129 $354,319.80 $0.00 $354,319.80 Annual Payment4 T00001 AB4 FLEX POV TAP BUNDLE 130 $12,737.57 $750.48 $13,488.05 Annual Payment4 T10ALCHWK TASER 10 A-LA-CARTE Hardware Kit 18 $0.00 $0.00 $0.00 Annual Payment4 V00026 UPGRADE 2026 TASER SKILLS TO FULL VR PLAN 129 $21,367.33 $533.90 $21,901.23 Phase1- Annual Payment3 100838 TRUE UP- OFFICER SAFETY PLAN 102 $284.70 $24.91 $309.61 Phase1- Annual Payment3 101909 AXON VR- USER ACCESS- TASER SKILLS TO FULL VR UPGRADE2 $306.00 $0.00 $306.00 Phase1- Annual Payment3 102610 AXON COMMUNITY LINK2 $382.56 $0.00 $382.56 Phase1- Annual Payment3 73682 AXON EVIDENCE- AUTO TAGGING LICENSE2 $254.88 $0.00 $254.88 Phase1- Annual Payment3 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE2 $524.50 $45.89 $570.39 Phase1- Annual Payment3 M00049 OFFICER SAFETY PLAN T102 $5,605.36 $229.24 $5,834.60 Phase1- Annual Payment3 S00016 AXON AI- AI ERA2 $5,070.22 $0.00 $5,070.22 Phase2- Annual Payment2 100838 TRUE UP- OFFICER SAFETY PLAN 102 $759.20 $66.43 $825.63 Phase2- Annual Payment2 101909 AXON VR- USER ACCESS- TASER SKILLS TO FULL VR UPGRADE2 $299.76 $0.00 $299.76 Phase2- Annual Payment2 102610 AXON COMMUNITY LINK2 $374.64 $0.00 $374.64 Phase2- Annual Payment2 73682 AXON EVIDENCE- AUTO TAGGING LICENSE2 $249.84 $0.00 $249.84 Phase2- Annual Payment2 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE2 $699.33 $61.19 $760.52 Phase2- Annual Payment2 M00049 OFFICER SAFETY PLAN T102 $5,493.95 $261.82 $5,755.77 Phase2- Annual Payment2 S00016 AXON AI- AI ERA2 $4,969.70 $0.00 $4,969.70 Total $921,657.63 $18,290.60 $939,948.23
212

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Sep 2029
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment M00049 OFFICER SAFETY PLAN T102 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00
Aug 2030
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment1 100838 TRUE UP- OFFICER SAFETY PLAN 102 $4,555.20 $398.58 $4,953.78 Annual Payment1 101909 AXON VR- USER ACCESS- TASER SKILLS TO FULL VR UPGRADE2 $288.00 $0.00 $288.00 Annual Payment1 102610 AXON COMMUNITY LINK2 $360.00 $0.00 $360.00 Annual Payment1 73682 AXON EVIDENCE- AUTO TAGGING LICENSE2 $240.00 $0.00 $240.00 Annual Payment1 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE2 $2,098.00 $183.58 $2,281.58 Annual Payment1 M00049 OFFICER SAFETY PLAN T102 $5,279.83 $371.70 $5,651.53 Annual Payment1 S00016 AXON AI- AI ERA2 $4,776.00 $0.00 $4,776.00 Annual Payment2 100838 TRUE UP- OFFICER SAFETY PLAN 102 $1,708.20 $149.47 $1,857.67 Annual Payment2 101909 AXON VR- USER ACCESS- TASER SKILLS TO FULL VR UPGRADE2 $293.76 $0.00 $293.76 Annual Payment2 102610 AXON COMMUNITY LINK2 $367.20 $0.00 $367.20 Annual Payment2 73682 AXON EVIDENCE- AUTO TAGGING LICENSE2 $244.80 $0.00 $244.80 Annual Payment2 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE2 $1,049.00 $91.79 $1,140.79 Annual Payment2 M00049 OFFICER SAFETY PLAN T102 $5,385.33 $306.51 $5,691.84 Annual Payment2 S00016 AXON AI- AI ERA2 $4,871.53 $0.00 $4,871.53 Annual Payment5 100105 COMMUNITY LINK/PRO PSO SETUP1 $752.48 $0.00 $752.48 Annual Payment5 100399 AXON TASER 10- CARTRIDGE- LIVE 180 $0.00 $0.00 $0.00 Annual Payment5 100610 AXON SIGNAL- INSTALLATION SERVICE- VIRTUAL1 $0.00 $0.00 $0.00 Annual Payment5 101611 AXON VR- CONTROLLER- RIFLE VRM4R2 $0.00 $0.00 $0.00 Annual Payment5 101648 AXON INTERVIEW- EXT WARRANTY-5 YEARS9 $872.88 $0.00 $872.88 Annual Payment5 102330 AXON VR- TAP REFRESH1- RIFLE CONTROLLER2 $0.00 $0.00 $0.00 Annual Payment5 102331 AXON VR- EXT WARRANTY- RIFLE CONTROLLER2 $0.00 $0.00 $0.00 Annual Payment5 102599 TASER CEW STARTER (UP TO 500 HANDLES)1 $2,926.31 $0.00 $2,926.31 Annual Payment5 102604 VR FACILITATOR& IMPLEMENTATION (2-DAY)1 $2,508.27 $0.00 $2,508.27 Annual Payment5 102610 AXON COMMUNITY LINK 129 $26,322.12 $0.00 $26,322.12 Annual Payment5 102616 PRODUCT SPECIFIC INSTRUCTOR CERT (2-DAY-10 STUDENTS)1 $1,418.42 $0.00 $1,418.42 Annual Payment5 50039 AXON INTERVIEW- CLIENT SOFTWARE- MAINT. PER TOUCH PANEL1 $353.79 $0.00 $353.79 Annual Payment5 50043 AXON INTERVIEW- STREAMING SERVER MAINTENANCE - PER SERVER2 $827.23 $0.00 $827.23 Annual Payment5 50045 AXON EVIDENCE- STORAGE- INTERVIEW ROOM UNLIMITED9 $12,613.44 $0.00 $12,613.44 Annual Payment5 50114 AXON INTERVIEW- CAMERA- COVERT SENSOR9 $669.71 $58.60 $728.31 Annual Payment5 50118 AXON INTERVIEW- MIC- WIRED (STANDARD MIC)9 $393.17 $34.40 $427.57 Annual Payment5 50218 AXON INTERVIEW- CAMERA- COVERT MAIN UNIT9 $1,316.84 $115.22 $1,432.06 Annual Payment5 50295 AXON INTERVIEW- SERVER- PRO2 $2,262.87 $198.00 $2,460.87 Annual Payment5 50322 AXON INTERVIEW- TOUCH PANEL PRO1 $529.24 $46.31 $575.55 Annual Payment5 73447 AXON BODY- LICENSE- FUSUS LIVESTREAM9 $1,836.43 $0.00 $1,836.43 Annual Payment5 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE 129 $0.00 $0.00 $0.00 Annual Payment5 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE2 $0.00 $0.00 $0.00 Annual Payment5 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE2 $0.00 $0.00 $0.00 Annual Payment5 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE2 $0.00 $0.00 $0.00 Annual Payment5 73478 AXON EVIDENCE- REDACTION ASSISTANT USER LICENSE2 $0.00 $0.00 $0.00 Annual Payment5 73682 AXON EVIDENCE- AUTO TAGGING LICENSE9 $1,224.66 $0.00 $1,224.66 Annual Payment5 73682 AXON EVIDENCE- AUTO TAGGING LICENSE 129 $17,553.47 $0.00 $17,553.47 Annual Payment5 74056 AXON INTERVIEW- TOUCH PANEL WALL MOUNT1 $13.38 $1.17 $14.55 Annual Payment5 74116 AXON INTERVIEW- COVERT ENCLOSURE9 $206.93 $18.11 $225.04 Annual Payment5 85170 AXON INTERVIEW- INSTALLATION- STANDARD (PER ROOM)9 $9,406.00 $0.00 $9,406.00 Annual Payment5 99901 AXON ACCELERATE CONFERENCE REGISTRATION 20 $0.00 $0.00 $0.00 Annual Payment5 B00075 OUTPOST PLAN5 $0.00 $0.00 $0.00
Annual Payment5 BasicLicense Basic License Bundle 13 $2,649.36 $0.00 $2,649.36 213

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Aug 2030
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 5 BWCUwTAP BWC Unlimited with TAP 9 $11,615.66 $322.70 $11,938.36 Annual Payment 5 H00002 AB4 Multi Bay Dock Bundle 18 $0.00 $0.00 $0.00 Annual Payment 5 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 8 $0.00 $0.00 $0.00 Annual Payment 5 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 130 $0.00 $0.00 $0.00 Annual Payment 5 M00049 OFFICER SAFETY PLAN T10 129 $385,562.60 $14,726.94 $400,289.54 Annual Payment 5 ProLicense Pro License Bundle 4 $2,445.56 $0.00 $2,445.56 Annual Payment 5 S00016 AXON AI - AI ERA 129 $348,756.05 $0.00 $348,756.05 Annual Payment 5 T00001 AB4 FLEX POV TAP BUNDLE 130 $12,537.56 $738.68 $13,276.24 Annual Payment 5 T10ALCHWK TASER 10 A-LA-CARTE Hardware Kit 18 $0.00 $0.00 $0.00 Annual Payment 5 V00026 UPGRADE 2026 TASER SKILLS TO FULL VR PLAN 129 $21,031.80 $525.51 $21,557.31 Phase 1 - Annual Payment 4 100838 TRUE UP - OFFICER SAFETY PLAN 10 2 $284.70 $24.92 $309.62 Phase 1 - Annual Payment 4 101909 AXON VR - USER ACCESS - TASER SKILLS TO FULL VR UPGRADE 2 $306.00 $0.00 $306.00 Phase 1 - Annual Payment 4 102610 AXON COMMUNITY LINK 2 $382.56 $0.00 $382.56 Phase 1 - Annual Payment 4 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 2 $254.88 $0.00 $254.88 Phase 1 - Annual Payment 4 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 2 $524.50 $45.90 $570.40 Phase 1 - Annual Payment 4 M00049 OFFICER SAFETY PLAN T10 2 $5,605.36 $229.14 $5,834.50 Phase 1 - Annual Payment 4 S00016 AXON AI - AI ERA 2 $5,070.22 $0.00 $5,070.22 Phase 2 - Annual Payment 3 100838 TRUE UP - OFFICER SAFETY PLAN 10 2 $759.20 $66.44 $825.64 Phase 2 - Annual Payment 3 101909 AXON VR - USER ACCESS - TASER SKILLS TO FULL VR UPGRADE 2 $299.76 $0.00 $299.76 Phase 2 - Annual Payment 3 102610 AXON COMMUNITY LINK 2 $374.64 $0.00 $374.64 Phase 2 - Annual Payment 3 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 2 $249.84 $0.00 $249.84 Phase 2 - Annual Payment 3 HWCNAB4 AB4 CONNECTED HARDWARE BUNDLE 2 $699.33 $61.19 $760.52 Phase 2 - Annual Payment 3 M00049 OFFICER SAFETY PLAN T10 2 $5,493.95 $261.83 $5,755.78 Phase 2 - Annual Payment 3 S00016 AXON AI - AI ERA 2 $4,969.70 $0.00 $4,969.70 Total $925,397.72 $18,976.69 $944,374.41
Sep 2030
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment M00049 OFFICER SAFETY PLAN T10 2 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00
214

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

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

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

ACEIP:

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

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. 215

Page 20 ends

Exceptions to Standard Terms and Conditions
Agency has existing contract(s) originated via Quote(s):

Q-377921, Q-492589,
Agency is terminating those contracts effective 9/1/2026. Any changes in this date will result in modification of the program value which may result in additional fees or credits due to or from Axon.

The parties agree that Axon is applying a Transfer Balance of $82,688.62 100% discounted body-worn camera and docking station hardware contained in this quote reflects a TAP replacement for hardware purchased under existing quotes aforementioned above. All TAP obligations from this contract will be considered fulfilled upon execution of this quote. \s1\ \d1\
Signature Date Signed
5/19/2026
216

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217
Sole Source Letter for Axon Enterprise, Inc.’s Product Packages Version 25.0 Page 1 of 6 To: United States state, local and municipal law enforcement agencies Re: Sole Source Letter for Axon Enterprise, Inc.’s Product Packages A sole source justification exists because the following goods and services required to satisfy the agency’s needs are only available for purchase from Axon Enterprise. Axon is also the sole distributor of all Axon product packages in the United States of America.

Axon Product Packages

1. Officer Safety Plan 10: Includes a TASER 10 energy weapon, the TASER 10 standard certification bundle (including the Axon VR TASER Skills Package), Axon body camera unlimited Axon Evidence (Evidence.com), Axon Evidence Pro Command Staff Pro license (1 per 100 users), Axon Signal Sidearm, Axon Body Device Connectivity, 100 gigabytes (GB) – Third-party (3P) storage, Axon Standards, and Fusus Plus.

2. Officer Safety Plan 10 Plus (Officer Safety Plan 10+): Includes a TASER 10 energy weapon, the TASER 10 certification pro bundle, Axon body camera, unlimited Axon Evidence (Evidence.com), Axon Evidence Pro Command Staff Pro license (1 per 100 users), Axon Signal Sidearm, Axon Body Device Connectivity, 100 gigabytes (GB) – 3P storage, Axon Standards, Channel Services (one integration), Auto-Tagging, Auto Tagging PSO, Axon Redaction Assistant, 3P video and Axon Investigate Pro, 3P video and Axon Investigate Pro training (up to 15 sworn personnel per package), Axon Performance, Axon Community Request, Axon VR Full VR Package, Axon Records (must have over 100 sworn personnel), Fusus Pro (Fusus Plus included), Fusus Pro PSO, Dedrone counter UAS sensors, unlimited 3P storage, My90, My90 PSO, , Dedrone Beyond long range solution, and three Drone as First Responder (DFR) Dock systems’ hardware, software, and extended warranty.

3. Officer Safety Plan 10 Premium: Includes a TASER 10 energy weapon, the TASER 10 certification pro bundle, Axon body camera, unlimited Axon Evidence (Evidence.com), Axon Evidence Pro Command Staff Pro license (1 per 100 users), Axon Signal Sidearm, Axon Body Device Connectivity, 100 gigabytes (GB) – 3P storage, Axon Standards, Channel Services (one integration), Auto-Tagging, Auto Tagging PSO, Axon Redaction Assistant, 3P video and Axon Investigate Pro, 3P video and Axon Investigate Pro training (up to 15 sworn personnel per package), Axon Performance, Axon Community Request, Axon VR Full VR Package Axon Records (must have over 100 sworn personnel), Fusus Pro+ (Fusus Plus included), Fusus Pro+ PSO, Dedrone counter UAS sensors, unlimited 3P storage, My90, My90 PSO, Dedrone Beyond long range solution and three Drone as First Responder (DFR) Dock systems’ hardware, software, and extended warranty.

4. Axon AI Era: Unlimited Axon Auto-Transcribe, Draft One, Real-Time Translation, Policy Chat, Axon Evidence Translation, unlimited Smart Detection, Attribute Search, Smart Capture, Brief One, Form One, and Axon AI Assistant.

5. TASER 10 Basic: Pays for the TASER 10 program in installments over 5 years including the energy weapon, battery, holster, dock, and core, TASER Axon Evidence license, TASER Research Evaluation and Data Program (TREND), 10 cartridges, live duty magazine, and Axon Academy and Training on demand (this includes Master Instructor vouchers and Instructor vouchers). This plan includes warranties for the energy weapon and battery.

6. TASER 10 Certification Standard: Pays for TASER 10 program in installments over 5 years the energy weapon, battery, holster, dock, and core, TASER Axon Evidence license, TASER Research Evaluation and Data Program (TREND), 15 cartridges, live duty magazine, live duty cartridge replacement program, three training magazines per target, 7 HALT cartridges in the first year, 5 HALT cartridges per year for each of the following 4 years, and 4 HALT magazines per HALT suit. One HALT suit is provided per 50 TASER 10 218
Sole Source Letter for Axon Enterprise, Inc.’s Product Packages Version 25.0 Page 2 of 6 energy weapons purchased, and one HALT professional target and frame is provided per 75 energy weapons sold. The bundle also includes Master Instructor course vouchers, TASER Instructor course vouchers, Axon Academy and Training on demand (this includes Master Instructor vouchers and Instructor vouchers), and the Axon VR TASER Skills Package. This plan includes warranties for the energy weapon and battery, and a 5-year warranty for the battery. A 10-year warranty dock and core warranty is available with a 10-year plan.

7. TASER 10 Certification Pro: Pays for TASER 10 program in installments over 5 years the energy weapon, battery, holster, dock, and core, TASER Axon Evidence license, TASER Research Evaluation and Data Program (TREND), 20 cartridges up front, outyear live cartridges, live duty magazine, live duty cartridge replacement program, three training magazines per target, 10 HALT cartridges up front, 12 outyear HALT cartridges, 4 HALT magazines per HALT suit. One HALT suit is provided per 50 TASER 10 energy weapons purchased, and one HALT professional target and frame is provided per 75 energy weapons sold. The bundle also includes Master Instructor course vouchers, TASER Instructor course vouchers, Axon Academy and Training on demand (this includes Master Instructor vouchers and Instructor vouchers), and the Axon VR Full VR Package. This plan includes warranties for the energy weapon and battery, and a 5-year warranty for the battery. A 10-year dock and core warranty is available with a 10-year plan.

8. Officer Safety Plan 10+ for Small/Midsize Agency (0–100): Includes a TASER 10 energy weapon, Axon Body Worn Camera, TASER 10 certification pro bundle (including the Axon VR TASER Skills Package), unlimited Axon Evidence services, Axon Evidence Pro with command staff access (one license per 100 sworn personnel), Axon Signal Sidearm, Axon Body Device Connectivity, Fusus Plus, Axon Standards, 100 gigabytes (GM) of third-party storage, Channel Services (one migration of the agency’s choosing), autotagging, Axon Redaction Assistant, third-party video and Axon Investigate Pro (with training for one out of 15 sworn personnel), Axon Performance, Axon Community Request (in the certifications bundle).

9. Officer Safety Plan 10 Premium for small/mid Agency (0–100): Includes a TASER 10 energy weapon, Axon Body Worn Camera, TASER 10 certification pro bundle, unlimited Axon Evidence services, Axon Evidence Pro with command staff access (one license per 100 sworn personnel), Axon Signal Sidearm, Axon Body Device Connectivity, Fusus Plus, Axon Standards, unlimited third-party storage, Channel Services (one migration of the agency’s choosing), auto-tagging, Axon Redaction Assistant, third-party video and Axon Investigate Pro (with training for one out of 15 sworn personnel), Axon Performance, Axon Community Request (in the certifications bundle), Axon VR Full VR Package, My90, and Fusus Pro+ and professional services organization (PSO).

10. Officer Safety Plan 7: Includes a TASER 7 energy weapon, the TASER 7 certification bundle, Axon body worn camera, unlimited Axon Evidence, Axon Evidence Pro Command Staff Pro license (1 per 100 users), Axon Signal Sidearm, Axon Body Device Connectivity, 100 gigabytes (GB) – 3P storage, Axon Standards, and Fusus Plus.

11. Officer Safety Plan 7 Plus (Officer Safety Plan 7+): Includes a TASER 7 energy weapon, the TASER 7 certification bundle, Axon Body Worn Camera, unlimited Axon Evidence, Axon Evidence Pro Command Staff Pro license (1 per 100 users), Axon Signal Sidearm, Axon Body Device Connectivity, 100 gigabytes (GB) – 3P storage, Axon Standards, Fusus Plus, Channel Services (one integration), Auto-Tagging, Auto Tagging PSO, Axon Redaction Assistant, 3P video and Axon Investigate Pro, 3P video and Axon Investigate Pro training (up to 15 sworn personnel per package), Axon Performance, Axon Community Request, Axon VR Full VR Package, Axon Records (must have over 100 sworn personnel), Fusus Pro+, Fusus Pro+ Streams, Fusus Pro+ PSO, Dedrone counter UAS sensors.

12. Officer Safety Plan 7 Premium: Includes a TASER 7 energy weapon, the TASER 7 certification bundle, Axon Body Worn Camera, unlimited Axon Evidence, Axon Evidence Pro Command Staff Pro license (1 per 100 users), Axon Signal Sidearm, Axon Body Device Connectivity, 100 gigabytes (GB) – 3P storage, Axon Standards, Fusus Plus, Channel Services (one integration), Auto-Tagging, Auto Tagging PSO, Axon Redaction Assistant, 3P video and Axon Investigate Pro, 3P video and Axon Investigate Pro training (up to 219
Sole Source Letter for Axon Enterprise, Inc.’s Product Packages Version 25.0 Page 3 of 6 15 sworn personnel per package), Axon Performance, Axon Community Request, Axon VR Full VR Package, Axon Records (must have over 100 sworn personnel), Fusus Pro+, Fusus Pro+ Streams, Fusus Pro+ PSO, Dedrone counter UAS sensors, unlimited 3P storage, My90, My90 PSO, and Drone as First Responder (DFR) Dock Pro.

13. Officer Safety Plan 7+ for Small/Midsize Agency: Includes the TASER 7 energy weapon, Axon Body Worn Camera, TASER 7 certification bundle, unlimited Axon Evidence services, Axon Evidence Pro with command staff access (one license per 100 sworn personnel), Axon Signal Sidearm, Axon Body Device Connectivity, Fusus Plus, Axon Standards, 100 gigabytes (GB) of third-party storage, Channel Services (one integration into Axon Evidence), Auto Tagging (+deployment), Axon Redaction Assistant, third-party video and Axon Investigate Pro (with training for one person per every 15 sworn personnel), Axon Performance, Axon Community Request, and Axon VR Full VR Package .

14. Officer Safety Plan 7 Premium for Small/Midsize Agency: Includes the TASER 7 energy weapon, Axon Body Worn Camera, TASER 7 certification bundle, unlimited Axon Evidence services, Axon Evidence Pro with command staff access (one license per 100 sworn personnel), Axon Signal Sidearm, Axon Device Connectivity, Fusus Plus, Axon Standards, unlimited 3P storage, Channel Services (one integration into Axon Evidence), Auto Tagging (+deployment), Axon Redaction Assistant, third-party video and Axon Investigate Pro (with training for one person per every 15 sworn personnel), Axon Performance, Axon Community Request, Axon VR Full VR Package , My90, and Fusus Pro+ and professional services organization (PSO).

15. Unlimited: Axon Body Worn Camera, unlimited Axon Evidence, Axon Evidence Pro Command Staff Pro license (1 per 100 users), Axon Signal Sidearm, Axon Body Device Connectivity, 100 gigabytes (GB) – 3P storage, Axon Standards, and Fusus Plus.

16. Unlimited+: Axon Body Worn Camera, unlimited Axon Evidence, Axon Evidence Pro Command Staff Pro license (1 per 100 users), Axon Signal Sidearm, Axon Body Device Connectivity), 100 gigabytes (GB) – 3P storage, Axon Standards, Fusus Plus, Channel Services (one integration), Auto-Tagging, Auto Tagging PSO, Axon Redaction Assistant, 3P video and Axon Investigate Pro, 3P video and Axon Investigate Pro training (up to 15 sworn personnel per package), Axon Performance, Axon Community Request, Axon VR Full VR Package, Axon Records (must have over 100 sworn personnel), Fusus Pro+, Fusus Pro+ Streams, Fusus Pro+ PSO, Dedrone counter UAS sensors.

17. Unlimited Premium: Axon Body Worn Camera, unlimited Axon Evidence, Axon Evidence Pro Command Staff Pro license (1 per 100 users), Axon Signal Sidearm, Axon Body Device Connectivity, 100 gigabytes (GB) – 3P storage, Axon Standards, Fusus Plus, Channel Services (one integration), Auto-Tagging, Auto Tagging PSO, Axon Redaction Assistant, 3P video and Axon Investigate Pro, 3P video and Axon Investigate Pro training (up to 15 sworn personnel per package), Axon Performance, Axon Community Request, Axon VR Full VR Package, Axon Records (must have over 100 sworn personnel), Fusus Pro+, Fusus Pro+ Streams, Fusus Pro+ PSO, Dedrone counter UAS sensors, unlimited 3P storage, My90, My90 PSO, and Drone as First Responder (DFR) Dock Pro.

18. Axon VR TASER Skills Package: This bundle is sold with one license per 50 sworn personnel. The bundle includes a VR headset (with accompanying warranty and Technology Assurance Plan (TAP)), a TASER VR controller (with accompanying warranty and TAP), TASER VR controller holster, and a tactical bag. Software includes TASER Arena and Simulator Training, which includes TASER Range Skills and TASER 10 Validation.1

19. Axon VR Full VR Package: This bundle is sold with one license per 25 sworn personnel. The bundle includes a VR headset (with accompanying warranty and Technology Assurance Plan (TAP), a TASER VR controller (with accompanying warranty and TAP), TASER VR controller holster, a Handgun Controller (with 220
Sole Source Letter for Axon Enterprise, Inc.’s Product Packages Version 25.0 Page 4 of 6 accompanying warranty and TAP), a Tablet (with accompanying warranty and TAP), a tablet case, and a tactical bag, and a TASER VR controller holster. Software includes Community Engagement Training (CET), Virtual Reality Based Training Live Action, TASER Arena, and Simulator Training. Simulator Training includes TASER Range Skills, Firearm Range Skills, TASER 10 Validation, Virtual Reality Based Training and a tablet application for the trainer. Upcoming modules include AI Verbal Skills Training and Close Quarters Clearance, scheduled for Q3 and Q4 2025 respectively. The bundle includes a VR headset, headset warranty, headset TAP, tablet, tablet case, tablet warranty, TASER controller, TASER controller holster, TASER controller TAP, handgun controller, handgun controller warranty, tactical carry bag, TASER Arena, Simulator (TASER Range Skills and TASER 10 VR Validation), Simulator (handgun Firearm Range Skills), Simulator (vRBT), Simulator (Tablet App training), vRBT Live Action, community engagement training CET, and AI Verbal Skills Training (scheduled for Q3 of 2025).

20. TASER 7 Certification: TASER 7 energy weapon, battery pack, and holster, with warranties for the energy weapon and battery pack. The bundle also includes a TASER Weapons Dock and core, with a 5-year warranty (a 10-year warranty is optional). Also included are an Axon Evidence license, 10 cartridges upfront, four cartridges outyear (year 3), live duty cartridge replacement program, four upfront HALT cartridges upfront, four outyear cartridge (year 3), a HALT suit, HALT professional target and frame, Master Instructor course vouchers, TASER Instructor course vouchers, and Axon Academy and Training on demand (this includes Master Instructor vouchers and Instructor vouchers).

21. Fusus Basic (Tier 0) Axon Fusus Map Interface, Push Notifications and Alerts, Axon Evidence (Transfer Digital Evidence to Evidence.com Case), Team Chat, Telestration (Graphic Markup on Map Screenshot), Dashboards (Operational, Analytics, Alerts), Incident Management Markup on Real-Time Map, and iOS & Android Mobile Apps.

22. Fusus Plus (Tier 1) Axon Fusus Map Interface, Push Notifications and Alerts, Axon Evidence (Transfer Digital Evidence to Evidence.com Case), Team Chat, Telestration (Graphic Markup on Map Screenshot), Dashboards (Operational, Analytics, Alerts), Incident Management Markup on Real-Time Map, and iOS & Android Mobile Apps, livestreaming, bidirectional communications, and Watch Me (with the Axon Body 4 or newer cameras)..

23. Fusus Pro (Tier 2): Access to the Axon Fusus map, with body worn camera locations appearing on the map. Real-time alerts, priority evidence upload (PEU), remote computer-aided dispatch (CAD)-based camera activation and automatic offload via Wi-Fi in addition to live locations on the Fusus map, and livestreaming on the Fusus map. If the agency has purchased livestreaming for body cameras, Axon Fleet cameras, or drones, those livestreams will be viewable on the Fusus map. Fusus Pro also includes CCTV streams, most Fusus functionality, including Registry and Connect, and CAD integration and CAD core.23

24. Fusus Pro+ (Tier 3): Access to the Axon Fusus map, with body worn camera locations appearing on the map. Real-time alerts, priority evidence upload (PEU), remote computer-aided dispatch (CAD)-based camera activation and automatic offload via Wi-Fi in addition to live locations on the Fusus map, and livestreaming on the Fusus map. If the agency has purchased livestreaming for body cameras, Axon Fleet cameras, or drones, those livestreams will be viewable on the Fusus map. Fusus Pro also includes CCTV streams, most Fusus functionality, including Registry and Connect, and CAD integration and CAD core.2 Fusus Pro+ offers approximately 50 percent more CCTV and core hardware allowance than Fusus Pro, along with Tips, Notify, and RMS integration.3

25. Fusus Pro, CCTV only, no Axon BWCs: Fusus Pro for customers who do not have Axon Body Worn Cameras.

26. TASER 7 Certification with Virtual Reality (VR): Pays for the TASER 7 program in installments over 5 2 Axon Evidence third-party storage limits apply to the Fusus Vault. 3 An optional CCTV-only bundle is available for customers not using Axon cameras. 221
Sole Source Letter for Axon Enterprise, Inc.’s Product Packages Version 25.0 Page 5 of 6 years including access to Axon Evidence for energy weapon program management, annual training cartridges, unlimited duty cartridges, online training content, and Axon VR Full VR Package.

27. Axon Justice Basic: Pro license with API access, discovery workflows (with Axon Justice user interface), and Axon Investigate Pro (including 3PV playback).

28. Axon Justice Premier: Pro license with API access, discovery workflows (with Axon Justice user interface), and Axon Investigate Pro (including 3PV playback), unlimited 3P storage, Redaction Assistant, and unlimited auto-transcription.

29. Axon Justice Premier+: Pro license with API access, discovery workflows (with Axon Justice user interface), and Axon Investigate Pro (including 3PV playback), Redaction Assistant, unlimited autotranscription, unlimited 3P storage, translation, Policy Chat, and Brief One.

30. Body worn camera (BWC) Rescue: Axon Body Worn Camera, BWC TAP refresh, Axon Dock TAP refresh, and warranty for the camera and dock.

31. Fire/EMS Axon Fleet: Dual-view Camera, interior and Exterior Cameras, Axon Fleet Hub, Axon Signal Vehicle Unit, Cradlepoint router kit (R980), extended warranty, installation, GeoTab on-board diagnostics (OBD) dongle and hardware, Axon Fleet 3 Vehicle License, Cradlepoint Netcloud License, has Fleet Unlimited Storage, Axon Respond license, and GeoTab license.

32. Axon Fleet Basic: Dual-view Camera, Interior Camera, Axon Fleet Hub, Axon Signal Vehicle Unit, Cradlepoint router kit (R980), extended warranty, installation, Axon Fleet warranty, storage, Axon Fleet 3 Vehicle License, real-time alerts, Cradlepoint Netcloud License, and Fleet Unlimited Storage.

33. Axon Fleet Basic + TAP: Dual-view Camera, Interior Camera, Axon Fleet Hub, Axon Signal Vehicle Unit, Cradlepoint router kit (R980), extended warranty, TAP upgrade at five years, installation, Axon Fleet 3 Vehicle License, real-time alerts, Cradlepoint Netcloud license, and Fleet Unlimited Storage.

34. Axon Fleet Advanced: Dual-view Camera, Interior Camera, Axon Fleet Hub, Axon Signal Vehicle Unit, Cradlepoint router kit (R980), extended warranty, TAP upgrade at five years, installation, Axon Fleet 3 Vehicle License, Cradlepoint Netcloud license, Fleet Unlimited Storage, ALPR license, and real-time alerts, locations and livestreaming license.

35. Axon Fleet Advanced with Geotab: Dual-view Camera, Interior Camera, Axon Fleet Hub, Axon Signal Vehicle Unit, Cradlepoint router kit (R980), extended warranty, TAP upgrade at five years, installation, Geotab ODB dongle and hardware, Axon Fleet 3 Vehicle License, Cradlepoint Netcloud license, Fleet Unlimited Storage, ALPR license, real-time alerts, locations and livestreaming license, and Geotab software license.

36. Axon Fleet Advanced with ZOLL: Dual-view Camera, Interior Camera, Axon Fleet Hub, Axon Signal Vehicle Unit, Cradlepoint router kit (R980), extended warranty, TAP upgrade at five years, installation, ZOLL defibrillator, Axon Fleet 3 Vehicle License, Cradlepoint Netcloud license, and Fleet Unlimited Storage.4

37. Axon Interview Room Essential: Cameras and mounts,5 microphone, 5-year warranty, installation, server and client software licenses, unlimited storage for interview videos in Axon Evidence, and a basic Axon Evidence License.6

38. Axon Interview Room Standard: Cameras and mounts, microphone, 5-year warranty, installation, a power over ethernet (PoE) switch, a touch panel and mounts, two lite servers, server and client software licenses, 4 Additional ZOLL products available for purchase are the ZOLL AED 3, ZOLL Compact Trauma Kit, ZOLL AED Puls, and the ZOLL Comprehensive Trauma Kit.
5 Axon Interview Room is available with 1- and 2-camera bundles. 6 With the Essential bundle, a power over ethernet (PoE) switch, a touch panel and mounts, and two lite servers are available as options.
222
Sole Source Letter for Axon Enterprise, Inc.’s Product Packages Version 25.0 Page 6 of 6 unlimited storage for interview videos in Axon Evidence, and a basic Axon Evidence License. 6 39. Axon Air Basic Patrol: Axon Air, Axon Evidence pilot data license and professional implementation (services), Skydio Basic Patrol software kit (includes Skydio data storage, media sync, fleet manager, Skydio Connect 5G, and multi-viewer live streaming), Skydio X10 Patrol hardware kit (Skydio X10 Ready Kit, Skydio NightSense, Skydio Spotlight, Skydio Speaker).

40. Drone as First Responder (DFR) Patrol: Axon Air, Axon Evidence pilot data license and professional implementation (services), Skydio DFR Command license (includes Skydio Crosshair Coordinates, Data Storage, Media Sync, Fleet Manager, Remote Ops, Skydio Connect 5G), Skydio X10 Patrol hardware kit (includes Skydio X10 Ready Kit, Skydio NightSense, Skydio Spotlight, Skydio Speaker), Skydio Care 3-year extended warranty, Skydio X10 In-Person Training.

41. Drone as First Responder (DFR) Dock: Axon Air, Axon Evidence pilot data license and professional implementation (services), Skydio DFR Command license (includes Skydio Crosshair Coordinates, Data Storage, Media Sync, Fleet Manager, Remote Ops, Skydio Connect 5G), Skydio Dock for X10 DFR Kit (Skydio X10 dock bundle, Skydio NightSense, Skydio Spotlight, Skydio Speaker), Skydio Care 3-year extended warranty, Skydio dock maintenance plan, and Skydio dock in-person deployment and training.

42. Drone as First Responder (DFR) Dock Pro: Three Axon Air, Axon Evidence pilot data licenses and one professional implementation (services), three Skydio DFR Command licenses (includes Skydio Crosshair Coordinates, Data Storage, Media Sync, Fleet Manager, Remote Ops, Skydio Connect 5G), three Skydio Dock for X10 DFR Kits (Skydio X10 dock bundle, Skydio NightSense, Skydio Spotlight, Skydio Speaker), three Skydio Care 3-year extended warranties, three Skydio dock maintenance plans, Skydio dock in-person deployment and training, Dedrone Beyond Long Range DFR hardware kit, Dedrone Tracker Long Range AI DFR software, Dedrone Long Range four-year warranty, three Dedrone Long Range Radar software, and two Dedrone install service days.

SOLE AUTHORIZED DISTRIBUTOR FOR

TASER BRAND ENERGY WEAPON PRODUCTS

SOLE AUTHORIZED REPAIR FACILITY FOR

TASER BRAND ENERGY WEAPON PRODUCTS
Axon Enterprise, Inc.
17800 N. 85th Street, Scottsdale, AZ 85255
Phone: 800-978-2737
Fax: 480-991-0791
Axon Enterprise, Inc.
17800 N. 85th Street, Scottsdale, AZ 85255
Phone: 800-978-2737
Fax: 480-991-0791
Please contact your local Axon sales representative or call us at 1-800-978-2737 with any questions.

Sincerely,
Josh Isner
President
Axon Enterprise, Inc.
a, c, Axon, Axon Air, Axon Aware, Axon Fleet, Axon Investigate, Axon Justice, Axon Respond, Axon VR, X2, X26P, TASER, TASER 7, and TASER 10 are trademarks of Axon Enterprise, Inc., some of which are trademarks in the US and other countries. For more information visit www.axon.com/legal. All rights reserved. © 2025 Axon Enterprise, Inc. 223

MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT
CITY COUNCIL MEETING DATE: JUNE 16, 2026
TO: LINDA REICH, CITY MANAGER
FROM: KEVIN MENSEN, CHIEF OF POLICE

SUBJECT
..titl e
Adoption of Ordinance 2026-004.
..end

RECOMMENDATION
Approve the adoption of Ordinance 2026-004, amending Chapter 10.56 of the Chino Municipal Code, pertaining to bicycles, electric bicycles, motorized scooters, and regulated mobility devices.
..body

FISCAL IMPACT
There is no significant financial impact anticipated from the adoption of this Ordinance. Minor costs may include public education materials, school outreach, website updates, and signage in selected areas. If the City adopts administrative cost recovery for impounds or storage, those charges should be limited to actual City costs.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Positive City Image
 Superior Customer Service
 Responsible Long-Range Planning
 Public Service Excellence through Internal and External Partnerships Revenue: Click or tap here to enter text. Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 224
CITY COUNCIL MEETING DATE: JUNE 16, 2026
TITLE: ADOPTION OF ORDINANCE 2026-004.

PAGE: 2

BACKGROUND
Ordinance 2026-004 was introduced on first reading by the City Council at its June 2, 2026 meeting. During the presentation of the proposed ordinance, the City Council requested changes to remove the references to “riding on sidewalks” and defer to state law (10.56.070 (B and C) and 10.56.080), and to include the request that a parent or guardian must attend a safety course with a minor (10.56.130 (d)). All changes were noted at the June 2 meeting and updated as shown in the redline version attached as Exhibit A. The final version of the Ordinance is attached as Exhibit B.

The Ordinance will amend Chapter 10.56 of the Chino Municipal Code, pertaining to bicycles, electric bicycles, motorized scooters, and regulated mobility devices.

Once adopted on second reading, the Ordinance will go into effect thirty (30) days thereafter.

ISSUES/ANALYSIS
ORDINANCE NO. 2026-004

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING CHAPTER 10.56 OF THE CHINO MUNICIPAL CODE TO ADDRESS BICYCLES, ELECTRIC BICYCLES, MOTORIZED SCOOTERS, AND REGULATED MOBILITY DEVICES; ESTABLISH REGULATIONS FOR THE SAME; UPDATE ENFORCEMENT, PENALTY, AND IMPOUND PROVISIONS; AND REMOVE OUTDATED BICYCLE LICENSING

REQUIREMENTS
Attachment: Exhibit A Redline Ordinance No. 2026-004
Exhibit B Ordinance No. 2026-004 Final
225
01225.0016 2127274.6
ORDINANCE NO. 2026-004

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, AMENDING CHAPTER 10.56 OF THE CHINO MUNICIPAL

CODE TO ADDRESS BICYCLES, ELECTRIC BICYCLES, MOTORIZED
SCOOTERS, AND REGULATED MOBILITY DEVICES; ESTABLISH
REGULATIONS FOR THE SAME; UPDATE ENFORCEMENT, PENALTY, AND IMPOUND PROVISIONS; AND REMOVE OUTDATED BICYCLE LICENSING

REQUIREMENTS
WHEREAS, pursuant to California Constitution Article XI Section 7, the City of Chino (“City”), the City has police power to make and enforce all ordinances and regulations not in conflict with general laws; and
WHEREAS, the use of bicycles, electric bicycles, motorized scooters, off-highway electric motorcycles, and other regulated mobility devices has increased within the City; and WHEREAS, these types of mobility devices provide transportation and recreational benefits when operated safely and lawfully; and
WHEREAS, dangerous operation of these types of mobility devices, such as speeding, failure to obey traffic laws, traveling against designated traffic flow, unlawful passengers, and stunt riding, creates significant risks to the community; and WHEREAS, the City Council of the City of Chino (“City Council”) strives to promote and improve the public health, safety, and general welfare of the City’s residents; and WHEREAS, the City Council desires to amend the Chino Municipal Code to incorporate clear local regulations concerning the operation of these types of mobility devices and align with state law; and
WHEREAS, prior to adoption, the City provided all required public notice and held a duly noticed public hearing at which time members of the public had the opportunity to review the documents presented to the City Council and provide oral comments regarding the proposed ordinance; and
WHEREAS, all of the legal prerequisites to adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The City Council finds that the foregoing recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Amendment. Chapter 10.56 (Bicycles) of Title 10 (Vehicles and Traffic) of the City of Chino Municipal Code is hereby amended in its entirety as follows:
“Chapter 10.56 Bicycles, Electric Bicycles, Motorized Scooters, and Regulated Mobility Devices
Sections:
226
ORDINANCE 2026-004

Page 2 of 9 ends

01225.0016 2127274.6

10.56.010 Purpose and Scope.

A. This chapter regulates the operation, parking, storage, and enforcement of regulated mobility devices within the City of Chino.

B. This chapter applies to any regulated mobility device operated upon any public street, highway, sidewalk, bicycle lane, bicycle path, public trail, park, public facility, City-owned property, or private property open to the public for pedestrian or vehicular travel.

C. Nothing in this chapter is intended to conflict with or supersede the California Vehicle Code.

Where state law controls, state law shall govern.

10.56.020 Definitions.

For purposes of this chapter, the following definitions apply:
“Bicycle” means a device upon which a person may ride that is propelled by human power through a belt, chain, gears, or similar mechanism, and has the same meaning as in California Vehicle Code section 231, as it may be amended from time to time. “Electric bicycle” or “e-bike” means a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts, and has the same meaning as in California Vehicle Code section 312.5, as it may be amended from time to time.
“Class 1 electric bicycle” means a low-speed pedal-assisted electric bicycle and has the same meaning as in California Vehicle Code section 312.5(a)(1), as it may be amended from time to time.
“Class 2 electric bicycle” means a low-speed throttle-assisted electric bicycle and has the same meaning as in California Vehicle Code section 312.5(a)(2), as it may be amended from time to time.
“Class 3 electric bicycle” means a speed pedal-assisted electric bicycle and has the same meaning as in California Vehicle Code section 312.5(a)(3), as it may be amended from time to time.
“Electrically motorized board” means the same as in California Vehicle Code section 313, as it may be amended from time to time.
“Motorized scooter” means the same as in California Vehicle Code section 407.5, as it may be amended from time to time.
“Motorized bicycle” or “moped” means the same as in California Vehicle Code section 406, as it may be amended from time to time.
“Motor vehicle” means the same as in California Vehicle Code section 415, as it may be amended from time to time.
“Motorcycle” means the same as in California Vehicle Code section 400, as it may be amended from time to time.
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ORDINANCE 2026-004

Page 3 of 9 ends

01225.0016 2127274.6
"Off-highway motorcycle" means the same as in California Vehicle Code section 436, as it may be amended from time to time.
"Off-highway electric motorcycle" means the same as in California Vehicle Code section 436.1, as it may be amended from time to time.
"Pocket bike" means the same as in the California Vehicle Code section 473, as may be amended from time to time.
“Regulated mobility device” means any bicycle, electric bicycle, motorized scooter, skateboard, electrically motorized board, pocket bike, motorized bicycle, or other similar motorized or nonmotorized device used for transportation or recreation. “Unregulated conveyance” means any regulated mobility device that does not meet the standards of devices as defined in the California Vehicle Code.

10.56.030 Voluntary Bicycle Registration.

A. Residents are encouraged, but not required, to register bicycles with the City or with a recognized bicycle registration service to assist in identifying the rightful owner of a lost, stolen, recovered, or involved bicycle.

B. Any mandatory bicycle licensing provisions previously contained in this chapter are repealed.

C. The Police Department may continue to provide voluntary bicycle registration services as approved by the Chief of Police.

10.56.040 Applicability of Traffic Laws.

A. Every person operating a regulated mobility device upon a street, highway, bicycle lane, bicycle or path, or sidewalk shall comply with all applicable provisions of the California Vehicle Code and this chapter.

B. Pursuant to California Vehicle Code section 21113, the City may enforce applicable traffic laws upon driveways, paths, parking facilities, parks, and grounds under the control of the City where public traffic is permitted.

C. Nothing in this chapter prohibits police, fire, public works, community services, or other authorized public agency personnel from operating any vehicles or mobility devices in the performance of official duties.

10.56.050 Equipment and Classification.

A. Electric bicycles shall comply with all applicable equipment, visibility, labeling, manufacturing, and operational requirements under state and federal law.

B. No person shall tamper with, modify, or alter an electric bicycle in a manner that changes the speed capability or classification of the electric bicycle unless the device is lawfully reclassified and labeled as required by state law.
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C. Any device that exceeds the legal speed, power, equipment, or operational limitations of an electric bicycle may be treated as a motor vehicle, motorcycle, motorized bicycle, off-highway vehicle, or unregulated conveyance, as applicable under state law.

10.56.060 Helmet Requirements.

A. Any person under 18 years of age operating or riding as a passenger on a bicycle or electric bicycle shall wear a properly fitted and fastened bicycle helmet that meets the standards as required by California Vehicle Code section 21212.

B. No person shall operate a Class 3 electric bicycle or ride as a passenger on a Class 3 electric bicycle without wearing a properly fitted and fastened bicycle helmet that meets the standards as required by California Vehicle Code section 21213.

C. This section shall be enforced consistent with state law.

10.56.070 Speed.

A. No person shall operate any regulated mobility device at a speed greater than is reasonable or prudent under existing conditions, including pedestrian traffic, vehicular traffic, surface conditions, lighting, visibility, weather, and the width of the area being used.

B. No person shall operate a bicycle or electric bicycle on a sidewalk at a speed greater than 8 miles per hour, and in no event at a speed greater than is reasonable or prudent under existing conditions.

C. No person shall operate a regulated mobility device on a sidewalk adjacent to a school, park, community center, senior facility, or other high-pedestrian areas at a speed greater than 5 miles per hour when pedestrians or children are present.

DB. No person shall operate a regulated mobility device on a bicycle path, trail, or shared-use path at a speed greater than 10 miles per hour unless otherwise posted on signs, and in no event at a speed greater than is reasonable or prudent under the existing conditions, or at any speed which endangers the safety of the public or property.

EC. Nothing in this section authorizes operation of any device in any location where such operation is prohibited by state law, this code, or posted signs.

10.56.080 Operation on Sidewalks.

A. Bicycles may be operated on sidewalks unless prohibited by posted signs or other provisions of this code.

B. Where a designated bicycle lane has been established, a person shall not operate a bicycle or electric bicycle on a sidewalk.

C. Other regulated mobility devices may be operated on sidewalks only where not prohibited by posted signs or other provisions of this code, and only in a manner that does not endanger pedestrians or property.
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D. The operator of any regulated mobility device on a sidewalk shall yield the right-of-way to pedestrians and shall provide an audible warning before overtaking or passing pedestrians.

E. As authorized and provided in Section 10.08.030, the Public Works Director, or the Director’s designee, may install traffic-control devices or signals pertaining to the operation of regulated mobility devices.

10.56.090 080 Unlawful Operation.

A. It is unlawful for any person to operate a regulated mobility device on a sidewalk or in an unsafe manner on any street, highway, sidewalk, bicycle lane, bicycle path, trail, park, public facility, Cityowned property, or private property open to the public.

B. Unsafe operation includes, but is not limited to:

1. Operating in violation of the California Vehicle Code or this chapter.

2. Operating against the direction of traffic on a street, highway, bicycle lane, or roadway.

3. Failing to obey traffic-control devices or posted signs.

4. Failing to yield the right-of-way to pedestrians.

5. Entering a roadway, driveway, or parking lot from a sidewalk or path without yielding to vehicles, pedestrians, or other lawful users.

6. Operating at a speed unsafe for conditions.

7. Carrying a passenger on a device not designed for passengers.

8. Carrying a passenger who is not seated in a lawful and manufacturer-approved passenger location.

9. Operating while a person is clinging to or being pulled by another moving vehicle or device.

10. Towing, being towed, or attaching the device to any moving vehicle or device.

11. Operating upon any public drainage facility, culvert, ditch, channel, landscaped area, sports field, court, playground, or other area not designated for such use.

12. Performing wheelies, stunts, tricks, acrobatics, racing, or speed contests where pedestrians, vehicles, or other persons are present or where such conduct creates a risk to persons or property.

13. Operating in a group in a manner that obstructs traffic, blocks sidewalks, interferes with pedestrians, or creates a foreseeable collision risk.

14. Tampering with or modifying a regulated mobility device so as to change the speed capability of such device, or otherwise altering, modifying, or adjusting the device in a way so that it no longer qualifies as a lawful device.

15. Operating any regulated mobility device in a park, trail, or public facility where such operation is expressly prohibited by a posted sign or City regulation.

16. Operating in any other manner that endangers the safety of the operator, passengers, pedestrians, motorists, or property.

10.56.100 090 Parks, Trails, and Public Facilities.

A. No person shall operate a regulated mobility device in a City park, public trail, public facility, sports field, court, playground, landscaped area, open space area except on roads, paths, trails, parking lots, areas designated for such use, or areas otherwise prohibited from operation of a regulated mobility device.
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B. No person shall operate a Regulated regulated mobility devices shall not be operated within City parks, trails, open space, or public facilities except where expressly authorized by law, permit, posted designation, or City approval.

10.56.1010 Parking and Obstruction.

A. No person shall leave a regulated mobility device lying on its side or parked in a manner that obstructs pedestrian travel, ADA access, vehicle travel, emergency access, building entrances, driveways, ramps, crosswalks, or transit stops.

B. No person shall park or leave any regulated mobility device on private property open to the public in a manner that obstructs pedestrian or vehicular traffic.

C. Devices parked or left in violation of this section may be relocated, stored, or impounded as authorized by law.

10.56.1120 Responsibility of Parent or Legal Guardian.

A. The parent or legal guardian of any minor shall not authorize, knowingly permit, or knowingly allow the minor to violate any provision of this chapter.

B. A parent or legal guardian may be cited when evidence shows the parent or legal guardian knowingly authorized or permitted the violation.

C. This section shall not be interpreted to impose strict liability on a parent or legal guardian for a minor’s conduct they did not authorize, permit, or have reason to know would occur.

10.56.1230 Enforcement and Penalties.

A. Unless otherwise required by state law, a violation of this chapter may be enforced as an administrative citation, infraction, or misdemeanor at the discretion of the City Attorney, prosecuting authority, or peace officer based on the facts and circumstances.

B. Administrative Fines
Administrative fines for violations of this chapter shall be consistent with Chapter 1.15 and the City’s established administrative citation schedule for violations that would otherwise constitute infractions, as follows:
 First violation: $100
 Second violation of the same ordinance within one year: $200  Each additional violation of the same ordinance within one year: $500 C. Where state law establishes a different penalty, state law shall control.

D. In lieu of a fine or citation, the Chief of Police or designee may allow a violator to complete an approved bicycle, e-bike, or other related safety course with a parent or legal guardian present. 231
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E. For juvenile offenders, the Police Department may prioritize education, parental notification, and safety-course completion before monetary penalties, unless the violation caused injury, property damage, reckless operation, or substantial public safety risk.

10.56.1340 Storage, Removal, and Impound.

A. In addition to any other penalty that may be assessed pursuant to this code, a peace officer or authorized City employee may remove, store, or impound a regulated mobility device when authorized by the California Vehicle Code, this code, or other applicable law.

B. Removal or impound may be authorized when:

1. The device is operated in violation of this chapter and creates an immediate or substantial risk to public safety.

2. The device is one that does not qualify as a lawful electric bicycle and is being operated without proper registration, licensing, or equipment as required by law.

3. The device is a Class 3 electric bicycle operated by a person under 16 years of age.

4. The device is used in reckless operation, speed contests, stunt riding, or unsafe group riding creating a foreseeable collision risk.

5. The device is abandoned, obstructing pedestrian or vehicular access, or unlawfully parked.

6. Removal is otherwise authorized by California Vehicle Code section 22651.08, California Vehicle Code section 22651, or other applicable law.

C. The City may recover actual administrative costs related to removal, seizure, storage, processing, and release, provided such charges are adopted by resolution or included in the City’s current approved fee schedule, as may be updated from time to time, and do not exceed actual costs.

D. If a device is removed pursuant to California Vehicle Code section 22651.08, release shall comply with that section, including any applicable minimum storage period, payment of lawful costs, and safety-course completion requirements.

E. Nothing in this section limits the City’s authority to dispose of abandoned property in accordance with applicable law.

10.56.1450 Exemptions.

This chapter does not apply to:

A. Police, fire, public works, community services, or other public agency personnel acting within the performance and scope of official duties.

B. Mobility devices used in a safe manner by physically disabled persons as defined under the Americans with Disabilities Act and otherwise protected by federal or state disability law.

C. City-approved events, demonstrations, trainings, or programs operating under permit or written authorization.

10.56.1560 Severability.
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If any section, subsection, sentence, clause, phrase, or portion of this chapter is held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter.”
SECTION 3. Except as otherwise amended herein, the remainder of Title 10 (Vehicles and Traffic) of the City of Chino Municipal Code shall remain unchanged and in full force and effect.

SECTION 4. CEQA. Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines (California Code of Regulations Title 14 §1500 et seq.), the City Council finds that this Ordinance is exempt from CEQA. Pursuant to CEQA Guidelines Section 15061(b)(3), this Ordinance is covered by the common sense exemption because the proposed changes do not have the potential for causing a significant effect on the environment. Furthermore, the proposed changes do not constitute a “project” under CEQA Guidelines Section 15378(b)(5), which excludes the “organizational or administrative activities of government that will not result in direct or indirect physical changes in the environment.” SECTION 5. Severability. If any section, subsection, sentence, clause, paragraph, or phrase of this Ordinance or any part thereof is for any reason held to be invalid or otherwise unenforceable by any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have enacted each and every section, subsection, sentence, clause, paragraph, or phrase thereof, irrespective of any determination of validity.

SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its second reading and adoption.

SECTION 7. Certification. The City Clerk of the City of Chino shall certify as to the passage and adoption of this Ordinance and shall cause the same to be published and posted at the designated locations in the City of Chino.

ADOPTED, SIGNED, and APPROVED this ___ day of ________, 2026. _____________________________
Eunice Ulloa, Mayor
ATTEST:
______________________________
Natalie Gonzaga, City Clerk

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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §

CITY OF CHINO )
I, Natalie Gonzaga, CITY CLERK OF THE CITY OF CHINO, CALIFORNIA, do hereby certify that the foregoing Ordinance No. 2026-_____ was duly and regularly adopted by the City Council of the City of Chino at a regular meeting held _____ day of _________, 2026, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

_____________________________
Natalie Gonzaga, City Clerk
234
01225.0016 2127274.6
ORDINANCE NO. 2026-004

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, AMENDING CHAPTER 10.56 OF THE CHINO MUNICIPAL

CODE TO ADDRESS BICYCLES, ELECTRIC BICYCLES, MOTORIZED
SCOOTERS, AND REGULATED MOBILITY DEVICES; ESTABLISH
REGULATIONS FOR THE SAME; UPDATE ENFORCEMENT, PENALTY, AND IMPOUND PROVISIONS; AND REMOVE OUTDATED BICYCLE LICENSING

REQUIREMENTS
WHEREAS, pursuant to California Constitution Article XI Section 7, the City of Chino (“City”), the City has police power to make and enforce all ordinances and regulations not in conflict with general laws; and
WHEREAS, the use of bicycles, electric bicycles, motorized scooters, off-highway electric motorcycles, and other regulated mobility devices has increased within the City; and WHEREAS, these types of mobility devices provide transportation and recreational benefits when operated safely and lawfully; and
WHEREAS, dangerous operation of these types of mobility devices, such as speeding, failure to obey traffic laws, traveling against designated traffic flow, unlawful passengers, and stunt riding, creates significant risks to the community; and WHEREAS, the City Council of the City of Chino (“City Council”) strives to promote and improve the public health, safety, and general welfare of the City’s residents; and WHEREAS, the City Council desires to amend the Chino Municipal Code to incorporate clear local regulations concerning the operation of these types of mobility devices and align with state law; and
WHEREAS, prior to adoption, the City provided all required public notice and held a duly noticed public hearing at which time members of the public had the opportunity to review the documents presented to the City Council and provide oral comments regarding the proposed ordinance; and
WHEREAS, all of the legal prerequisites to adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The City Council finds that the foregoing recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Amendment. Chapter 10.56 (Bicycles) of Title 10 (Vehicles and Traffic) of the City of Chino Municipal Code is hereby amended in its entirety as follows:
“Chapter 10.56 Bicycles, Electric Bicycles, Motorized Scooters, and Regulated Mobility Devices
Sections:
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10.56.010 Purpose and Scope.

A. This chapter regulates the operation, parking, storage, and enforcement of regulated mobility devices within the City of Chino.

B. This chapter applies to any regulated mobility device operated upon any public street, highway, bicycle lane, bicycle path, public trail, park, public facility, City-owned property, or private property open to the public for pedestrian or vehicular travel.

C. Nothing in this chapter is intended to conflict with or supersede the California Vehicle Code.

Where state law controls, state law shall govern.

10.56.020 Definitions.

For purposes of this chapter, the following definitions apply:
“Bicycle” means a device upon which a person may ride that is propelled by human power through a belt, chain, gears, or similar mechanism, and has the same meaning as in California Vehicle Code section 231, as it may be amended from time to time. “Electric bicycle” or “e-bike” means a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts, and has the same meaning as in California Vehicle Code section 312.5, as it may be amended from time to time.
“Class 1 electric bicycle” means a low-speed pedal-assisted electric bicycle and has the same meaning as in California Vehicle Code section 312.5(a)(1), as it may be amended from time to time.
“Class 2 electric bicycle” means a low-speed throttle-assisted electric bicycle and has the same meaning as in California Vehicle Code section 312.5(a)(2), as it may be amended from time to time.
“Class 3 electric bicycle” means a speed pedal-assisted electric bicycle and has the same meaning as in California Vehicle Code section 312.5(a)(3), as it may be amended from time to time.
“Electrically motorized board” means the same as in California Vehicle Code section 313, as it may be amended from time to time.
“Motorized scooter” means the same as in California Vehicle Code section 407.5, as it may be amended from time to time.
“Motorized bicycle” or “moped” means the same as in California Vehicle Code section 406, as it may be amended from time to time.
“Motor vehicle” means the same as in California Vehicle Code section 415, as it may be amended from time to time.
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“Motorcycle” means the same as in California Vehicle Code section 400, as it may be amended from time to time.
"Off-highway motorcycle" means the same as in California Vehicle Code section 436, as it may be amended from time to time.
"Off-highway electric motorcycle" means the same as in California Vehicle Code section 436.1, as it may be amended from time to time.
"Pocket bike" means the same as in the California Vehicle Code section 473, as may be amended from time to time.
“Regulated mobility device” means any bicycle, electric bicycle, motorized scooter, skateboard, electrically motorized board, pocket bike, motorized bicycle, or other similar motorized or nonmotorized device used for transportation or recreation. “Unregulated conveyance” means any regulated mobility device that does not meet the standards of devices as defined in the California Vehicle Code.

10.56.030 Voluntary Bicycle Registration.

A. Residents are encouraged, but not required, to register bicycles with the City or with a recognized bicycle registration service to assist in identifying the rightful owner of a lost, stolen, recovered, or involved bicycle.

B. Any mandatory bicycle licensing provisions previously contained in this chapter are repealed.

C. The Police Department may continue to provide voluntary bicycle registration services as approved by the Chief of Police.

10.56.040 Applicability of Traffic Laws.

A. Every person operating a regulated mobility device upon a street, highway, bicycle lane, bicycle or path shall comply with all applicable provisions of the California Vehicle Code and this chapter.

B. Pursuant to California Vehicle Code section 21113, the City may enforce applicable traffic laws upon driveways, paths, parking facilities, parks, and grounds under the control of the City where public traffic is permitted.

C. Nothing in this chapter prohibits police, fire, public works, community services, or other authorized public agency personnel from operating any vehicles or mobility devices in the performance of official duties.

10.56.050 Equipment and Classification.

A. Electric bicycles shall comply with all applicable equipment, visibility, labeling, manufacturing, and operational requirements under state and federal law. 237
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B. No person shall tamper with, modify, or alter an electric bicycle in a manner that changes the speed capability or classification of the electric bicycle unless the device is lawfully reclassified and labeled as required by state law.

C. Any device that exceeds the legal speed, power, equipment, or operational limitations of an electric bicycle may be treated as a motor vehicle, motorcycle, motorized bicycle, off-highway vehicle, or unregulated conveyance, as applicable under state law.

10.56.060 Helmet Requirements.

A. Any person under 18 years of age operating or riding as a passenger on a bicycle or electric bicycle shall wear a properly fitted and fastened bicycle helmet that meets the standards as required by California Vehicle Code section 21212.

B. No person shall operate a Class 3 electric bicycle or ride as a passenger on a Class 3 electric bicycle without wearing a properly fitted and fastened bicycle helmet that meets the standards as required by California Vehicle Code section 21213.

C. This section shall be enforced consistent with state law.

10.56.070 Speed.

A. No person shall operate any regulated mobility device at a speed greater than is reasonable or prudent under existing conditions, including pedestrian traffic, vehicular traffic, surface conditions, lighting, visibility, weather, and the width of the area being used.

B. No person shall operate a regulated mobility device on a bicycle path, trail, or shared-use path at a speed greater than 10 miles per hour unless otherwise posted on signs, and in no event at a speed greater than is reasonable or prudent under the existing conditions, or at any speed which endangers the safety of the public or property.

C. Nothing in this section authorizes operation of any device in any location where such operation is prohibited by state law, this code, or posted signs.

10.56.080 Unlawful Operation.

A. It is unlawful for any person to operate a regulated mobility device on a sidewalk or in an unsafe manner on any street, highway, bicycle lane, bicycle path, trail, park, public facility, City-owned property, or private property open to the public.

B. Unsafe operation includes, but is not limited to:

1. Operating in violation of the California Vehicle Code or this chapter.

2. Operating against the direction of traffic on a street, highway, bicycle lane, or roadway.

3. Failing to obey traffic-control devices or posted signs.

4. Failing to yield the right-of-way to pedestrians.

5. Entering a roadway, driveway, or parking lot without yielding to vehicles, pedestrians, or other lawful users.

6. Operating at a speed unsafe for conditions.
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7. Carrying a passenger on a device not designed for passengers.

8. Carrying a passenger who is not seated in a lawful and manufacturer-approved passenger location.

9. Operating while a person is clinging to or being pulled by another moving vehicle or device.

10. Towing, being towed, or attaching the device to any moving vehicle or device.

11. Operating upon any public drainage facility, culvert, ditch, channel, landscaped area, sports field, court, playground, or other area not designated for such use.

12. Performing wheelies, stunts, tricks, acrobatics, racing, or speed contests where pedestrians, vehicles, or other persons are present or where such conduct creates a risk to persons or property.

13. Operating in a group in a manner that obstructs traffic, blocks sidewalks, interferes with pedestrians, or creates a foreseeable collision risk.

14. Tampering with or modifying a regulated mobility device so as to change the speed capability of such device, or otherwise altering, modifying, or adjusting the device in a way so that it no longer qualifies as a lawful device.

15. Operating any regulated mobility device in a park, trail, or public facility where such operation is expressly prohibited by a posted sign or City regulation.

16. Operating in any other manner that endangers the safety of the operator, passengers, pedestrians, motorists, or property.

10.56.090 Parks, Trails, and Public Facilities.

A. No person shall operate a regulated mobility device in a City park, public trail, public facility, sports field, court, playground, landscaped area, open space area except on roads, paths, trails, parking lots, areas designated for such use, or areas otherwise prohibited from operation of a regulated mobility device.

B. No person shall operate a regulated mobility device within City parks, trails, open space, or public facilities except where expressly authorized by law, permit, posted designation, or City approval.

10.56.100 Parking and Obstruction.

A. No person shall leave a regulated mobility device lying on its side or parked in a manner that obstructs pedestrian travel, ADA access, vehicle travel, emergency access, building entrances, driveways, ramps, crosswalks, or transit stops.

B. No person shall park or leave any regulated mobility device on private property open to the public in a manner that obstructs pedestrian or vehicular traffic.

C. Devices parked or left in violation of this section may be relocated, stored, or impounded as authorized by law.

10.56.110 Responsibility of Parent or Legal Guardian.

A. The parent or legal guardian of any minor shall not authorize, knowingly permit, or knowingly allow the minor to violate any provision of this chapter.

B. A parent or legal guardian may be cited when evidence shows the parent or legal guardian knowingly authorized or permitted the violation.
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C. This section shall not be interpreted to impose strict liability on a parent or legal guardian for a minor’s conduct they did not authorize, permit, or have reason to know would occur.

10.56.120 Enforcement and Penalties.

A. Unless otherwise required by state law, a violation of this chapter may be enforced as an administrative citation, infraction, or misdemeanor at the discretion of the City Attorney, prosecuting authority, or peace officer based on the facts and circumstances.

B. Administrative Fines
Administrative fines for violations of this chapter shall be consistent with Chapter 1.15 and the City’s established administrative citation schedule for violations that would otherwise constitute infractions, as follows:
 First violation: $100
 Second violation of the same ordinance within one year: $200  Each additional violation of the same ordinance within one year: $500 C. Where state law establishes a different penalty, state law shall control.

D. In lieu of a fine or citation, the Chief of Police or designee may allow a violator to complete an approved bicycle, e-bike, or other related safety course with a parent or legal guardian present.

E. For juvenile offenders, the Police Department may prioritize education, parental notification, and safety-course completion before monetary penalties, unless the violation caused injury, property damage, reckless operation, or substantial public safety risk.

10.56.130 Storage, Removal, and Impound.

A. In addition to any other penalty that may be assessed pursuant to this code, a peace officer or authorized City employee may remove, store, or impound a regulated mobility device when authorized by the California Vehicle Code, this code, or other applicable law.

B. Removal or impound may be authorized when:

1. The device is operated in violation of this chapter and creates an immediate or substantial risk to public safety.

2. The device is one that does not qualify as a lawful electric bicycle and is being operated without proper registration, licensing, or equipment as required by law.

3. The device is a Class 3 electric bicycle operated by a person under 16 years of age.

4. The device is used in reckless operation, speed contests, stunt riding, or unsafe group riding creating a foreseeable collision risk.

5. The device is abandoned, obstructing pedestrian or vehicular access, or unlawfully parked.

6. Removal is otherwise authorized by California Vehicle Code section 22651.08, California Vehicle Code section 22651, or other applicable law.
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C. The City may recover actual administrative costs related to removal, seizure, storage, processing, and release, provided such charges are adopted by resolution or included in the City’s current approved fee schedule, as may be updated from time to time, and do not exceed actual costs.

D. If a device is removed pursuant to California Vehicle Code section 22651.08, release shall comply with that section, including any applicable minimum storage period, payment of lawful costs, and safety-course completion requirements.

E. Nothing in this section limits the City’s authority to dispose of abandoned property in accordance with applicable law.

10.56.140 Exemptions.

This chapter does not apply to:

A. Police, fire, public works, community services, or other public agency personnel acting within the performance and scope of official duties.

B. Mobility devices used in a safe manner by physically disabled persons as defined under the Americans with Disabilities Act and otherwise protected by federal or state disability law.

C. City-approved events, demonstrations, trainings, or programs operating under permit or written authorization.

10.56.150 Severability.

If any section, subsection, sentence, clause, phrase, or portion of this chapter is held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter.”
SECTION 3. Except as otherwise amended herein, the remainder of Title 10 (Vehicles and Traffic) of the City of Chino Municipal Code shall remain unchanged and in full force and effect.

SECTION 4. CEQA. Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines (California Code of Regulations Title 14 §1500 et seq.), the City Council finds that this Ordinance is exempt from CEQA. Pursuant to CEQA Guidelines Section 15061(b)(3), this Ordinance is covered by the common sense exemption because the proposed changes do not have the potential for causing a significant effect on the environment. Furthermore, the proposed changes do not constitute a “project” under CEQA Guidelines Section 15378(b)(5), which excludes the “organizational or administrative activities of government that will not result in direct or indirect physical changes in the environment.” SECTION 5. Severability. If any section, subsection, sentence, clause, paragraph, or phrase of this Ordinance or any part thereof is for any reason held to be invalid or otherwise unenforceable by any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have enacted each and every section, subsection, sentence, clause, paragraph, or phrase thereof, irrespective of any determination of validity. 241
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SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its second reading and adoption.

SECTION 7. Certification. The City Clerk of the City of Chino shall certify as to the passage and adoption of this Ordinance and shall cause the same to be published and posted at the designated locations in the City of Chino.

ADOPTED, SIGNED, and APPROVED this 16th day of June, 2026. _____________________________
Eunice Ulloa, Mayor
ATTEST:
______________________________
Natalie Gonzaga, City Clerk
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §

CITY OF CHINO )
I, Natalie Gonzaga, CITY CLERK OF THE CITY OF CHINO, CALIFORNIA, do hereby certify that the foregoing Ordinance No. 2026-004 was duly and regularly adopted by the City Council of the City of Chino at a regular meeting held 16th day of June, 2026, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Natalie Gonzaga, City Clerk
243

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: JUNE 16, 2026
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Award Professional Services Agreements with Cannon Corporation, WestLAND Group, Inc., and Bureau Veritas North America, Inc. for General Plan Check Services and Other Related Engineering Services.
..end

RECOMMENDATION
Award Professional Service Agreements with: Cannon Corporation, WestLAND Group, Inc., and Bureau Veritas North America, Inc. for General Plan Check Services, each in an estimated amount of $1,500,000 over a three-year term, with annual expenditures estimated at $500,000 per fiscal year; and authorize the City Manager to execute all necessary documents on behalf of the City.
..body

FISCAL IMPACT
Sufficient funds have been budgeted in the proposed FY 2026-27 Operating Budget. Awarding these agreements is contingent upon final budget adoption, which is scheduled for June 16, 2026.

Plan check service costs are recovered through fees charged to the developers.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Superior Customer Service
 Financial Stability
 Responsible Long-Range Planning
Revenue: Click or tap here to enter text. Expenditure: 1007010 - 43570 Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 244
CITY COUNCIL MEETING DATE: JUNE 16, 2026
TITLE: AWARD PROFESSIONAL SERVICES AGREEMENTS WITH CANNON CORPORATION, WESTLAND GROUP, INC., AND BUREAU VERITAS NORTH AMERICA, INC. FOR GENERAL PLAN CHECK SERVICES AND OTHER RELATED ENGINEERING SERVICES.

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BACKGROUND
The City frequently receives development projects that require timely and thorough engineering plan review to ensure compliance with applicable City standards, codes, and engineering requirements. Due to fluctuating project volumes, specialized technical review needs, and the importance of maintaining efficient development processing timelines, the City utilizes on-call consulting support to supplement in-house engineering staff as needed. These services provide additional capacity and specialized technical expertise to assist with plan check review, coordination with applicants and design professionals, and compliance verification for public and private improvement projects. The City’s existing agreements for these consulting services have reached the end of their allowable contract terms and extension periods and cannot be extended further. Therefore, City staff initiated a competitive procurement process to establish new consultant agreement and ensure continuity of plan check services into next fiscal year.

ISSUES/ANALYSIS
On March 19, 2026, the City released a Request for Proposals (RFP No. 2026-0008) for “General Plan Check Services and Other Related Engineering Services” via PlanetBids, in accordance with City procurement policies. The City received Thirteen (13) proposals by the closing date of April 16, 2026. A review committee, consisting of City staff, evaluated proposals separately to maintain confidentiality and fairness. Staff then scored these proposals using the following weighted criteria:
· Experience/Qualifications: 25%
· Past Performance/References: 25%
· Plan Methodology/Project Approach: 20%
· Quality and Responsiveness of Proposal: 15%
· Cost Evaluation: 15%
Following evaluation of all proposals, Cannon Corporation, WestLAND Group, Inc., and Bureau Veritas North America, Inc. received the highest average scores and are recommended for contract award.

Evaluation Results:

RANKING CONSULTANT
1 Cannon Corporation
2 WestLAND Group, Inc.
3 Bureau Veritas North America, Inc.
4 CASC Engineering and Consulting, Inc.
5 Kevin Ko and Associates
6 NV5, Inc.
7 HR Green Pacific, Inc.
8 Aufbau Corporationoration
9 G+R Engineering, Inc.
10 Transtech Engineers, Inc.
11 Valued Engineering Inc.
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CITY COUNCIL MEETING DATE: JUNE 16, 2026
TITLE: AWARD PROFESSIONAL SERVICES AGREEMENTS WITH CANNON CORPORATION, WESTLAND GROUP, INC., AND BUREAU VERITAS NORTH AMERICA, INC. FOR GENERAL PLAN CHECK SERVICES AND OTHER RELATED ENGINEERING SERVICES.

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12 Onward Engineering
13 4Leaf, Inc.

Staff requests City Council award professional services agreements to Cannon Corporation, WestLAND Group Inc., and Bureau Veritas North America, Inc. for General Plan Check Services and Other Related Engineering Services, each in an estimated amount of $1,500,000 over a three-year term, with annual expenditures estimated at $500,000 per fiscal year.

Attachment:

Exhibit A: PSA - Cannon Corporation
Exhibit B: PSA - WestLAND Group, Inc.

Exhibit C: PSA - Bureau Veritas North America, Inc.
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Project Name/No.: General Plan Check Services Contract No.: ______________ & Other Related Engineering Services
Project Manager: PW/ J. Plasencia Approved: ___06.02.2026___ 01225.0001/863604.2 (Long Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND

CANNON CORPORATION
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 2
nd day of June, 2026 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Cannon Corporation, a California Corporation (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Chino’s Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, 247
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experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

The Scope of Services shall include the scope of work included in Consultant’s proposal, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code Section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, as they pertain to such work, including the following requirements:
(a) DIR Monitoring and Enforcement. The public work and/or maintenance work performed under this Agreement shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations (“DIR”). Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each 248
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calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. By executing this Agreement, and in accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require 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 of this contract.”
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(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.

Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Project Manager.

1.7 Software and Computer Services.

If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.

1.8 Care of Work.
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The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.9 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.10 Additional Services.

City shall have the right, subject to state law and the City’s Municipal Code, at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Project Manager to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation for extra work shall require the approval of City Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the increase does not exceed such authorization. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.11 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and 251
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incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Five Hundred Thousand Dollars and Zero Cents ($500,000) per fiscal year for a total contract amount not-to-exceed One Million Five Hundred Thousand Dollars and Zero Cents ($1,500,000) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. Consultant shall not invoice City for any duplicate services performed by more than one person.

All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
(c) Line items for all other approved reimbursable expenses claimed, with supporting documentation.
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(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. (e) If this Agreement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR.

Consultant shall also submit a list of the prevailing wage rates for all employees and subcontractors providing services under this Agreement, as applicable, with Consultant’s first invoice. If these rates change at any time during the term of the Agreement, Consultant shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

2.6 Contingency of Funds.

Consultant acknowledges that funding or portions of funding for this Agreement may be contingent upon State budget approval; receipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of sufficient funding for the services hereunder in the budget approved by Chino City Council for each fiscal year covered by this Agreement. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Agreement without penalty.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.
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Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Project Manager but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, which shall be no later than June 30, 2029, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Craig Siefert, PE ______ Plan Check Manager
(Name) (Title)
Gary Solsona, PE, QSD Director, Public Infrastructure
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. 254
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Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Project Manager.

The Project Manager shall be Jesus Plasencia, Assistant City Engineer or any other person as may be designated by the Project Manager. It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed 255
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to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. 256
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(d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
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(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements 258
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of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
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(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant 260
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agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.

All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. 261
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(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear 262
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to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Consultant and its sureties shall be liable for and shall pay to the City the sum of Zero Dollars and Zero Cents ($0.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Consultant any accrued liquidated damages.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this 263
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Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Project Manager. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.10 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
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8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City 265
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Manager and to the attention of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of 266
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“financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation
Linda Reich, City Manager
ATTEST:

Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Hye Jin Lee, Director of Public Works CONSULTANT:

CANNON CORPORATION:

By:

Name:

Title:

By:

Name:

Title:

Address: 19000 MacArthur Blvd., Suite 400
Irvine, CA 92612
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
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01225.0001/863604.2 A-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the Services described in Consultant’s Proposal, attached hereto as Exhibit A-1.

II. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
269
EXHIBIT "A-1"
A1-1
270
A1-2
271
A1-3
272
A1-4
273
A1-5
274
A1-5
275
A1-6
276
01225.0001/863604.2 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

277
01225.0001/863604.2 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall be compensated for the services provided under this Agreement in accordance with the budget and rates provided in Exhibit “C-1”.

II. Within the budgeted amounts for each Task, and with the approval of the Project Manager, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.10.

III. The City will compensate Consultant for the Services performed upon submission of a valid invoice, as described in Section 2.4.

IV. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
278
Part 1: General Plan Check Services & Other Related Engineering Services Cannon Separate Cost File
C
City of Chino - Fee Proposal_Cannon Format_Edited https://us-partner-integrations.egnyte.com/msoffice/wopi/files/9007daa3-6cd4-4444-a576-d6338296ab85/WO Job Title
Plan Plan
Hourly Rate Start Date End Date
Phase/Task Description Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost PGP Precise Grading Plan (20 Sheets) $0 $0 36 $6,948 20 $3,040 $0 $0 $0 $0 56 $9,988 ECP Erosion Control Plan (3 sheets) $0 $0 4 $772 2 $304 $0 $0 $0 $0 6 $1,076 ST Street Improvement Plan (6 sheets) $0 $0 14 $2,702 8 $1,216 $0 $0 $0 $0 22 $3,918 SD Storm Drain (6 sheets) $0 $0 14 $2,702 8 $1,216 $0 $0 $0 $0 22 $3,918 WAT Water (4 sheets) 8 $1,544 2 $304 $0 $0 $0 $0 10 $1,848 SEW Sewer (4 sheets) $0 $0 8 $1,544 2 $304 $0 $0 $0 $0 10 $1,848 STLT Street Light (3 sheets) $0 $0 4 $772 1 $152 $0 $0 $0 $0 5 $924 Signing & Striping (3 sheets) $0 $0 4 $772 1 $152 $0 $0 $0 $0 5 $924 FM Final Map (25 residential lots) $0 $0 $0 $0 $0 $0 16 $4,048 $0 16 $4,048 HH Hydrology Report (10 acres) $0 $0 10 $1,930 2 $304 $0 $0 $0 $0 12 $2,234 WQMP WQMP (10 acres) $0 $0 8 $1,544 2 $304 $0 $0 $0 $0 10 $1,848 SR Soils Report $0 $0 $0 $0 $0 4 $1,000 $0 $0 4 $1,000
QA/QC (3 review cycles) 8 $2,456 $0 $0 $0 $0 $0 $0 $0 8 $2,456 Project Management (3 review cycles) $0 4 $1,152 $0 $0 $0 $0 $0 $0 4 $1,152 Project Administration (3 review cycles) $0 $0 $0 $0 2 $276 $0 $0 $0 2 $276 0 $0
Subtotal 8 $2,456 4 $1,152 110 $21,230 48 $7,296 2 $276 4 $1,000 16 $4,048 0 $0 192 $37,458 Totals 8 $2,456 4 $1,152 110 $21,230 48 $7,296 2 $276 4 $1,000 16 $4,048 0 $0 192 $37,458 Project Assumptions:
• Estimated costs above reflect 3 review cycles of the hypothetical project as detailed in the RFP. Plan sheet and site size estimates are shown in parantheses next to improvement type above. • Plan Check 1 = 15 working days
• Subsequent Reviews = 10 working days
Director (minimum at phase level)
Public Infrastructure
$307
Senior
Plan Check Engineer II
$193
Plan Check
Manager
$288 $250 $253
Totals
$152
Plan Check Engineer Soils Reviewer Surveyor
Engineering
Assistant
$138
EXHIBIT "C-1"
C1-1
279
01225.0001/863604.2 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all work products timely in accordance with the schedule attached hereto as Exhibit “D-1”.

II. The Project Manager may approve extensions for performance of the services in accordance with Section 3.2.
280
EXHIBIT "D-1"
D1-1
281
Project Name/No.: General Plan Check Services Contract No.: ______________ & Other Related Engineering Services
Project Manager: PW/ J. Plasencia Approved: ___06.02.2026___ 01225.0001/863604.2 (Long Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND
WESTLAND GROUP, INC.

THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 2
nd day of June, 2026 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and WestLAND Group, Inc., a California Corporation (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Chino’s Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, 282
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experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

The Scope of Services shall include the scope of work included in Consultant’s proposal, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code Section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, as they pertain to such work, including the following requirements:
(a) DIR Monitoring and Enforcement. The public work and/or maintenance work performed under this Agreement shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations (“DIR”). Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each 283
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calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. By executing this Agreement, and in accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require 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 of this contract.”
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(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.

Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Project Manager.

1.7 Software and Computer Services.

If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.

1.8 Care of Work.
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The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.9 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.10 Additional Services.

City shall have the right, subject to state law and the City’s Municipal Code, at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Project Manager to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation for extra work shall require the approval of City Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the increase does not exceed such authorization. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.11 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and 286
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incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Five Hundred Thousand Dollars and Zero Cents ($500,000) per fiscal year for a total contract amount not-to-exceed One Million Five Hundred Thousand Dollars and Zero Cents ($1,500,000) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. Consultant shall not invoice City for any duplicate services performed by more than one person.

All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
(c) Line items for all other approved reimbursable expenses claimed, with supporting documentation.
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(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. (e) If this Agreement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR.

Consultant shall also submit a list of the prevailing wage rates for all employees and subcontractors providing services under this Agreement, as applicable, with Consultant’s first invoice. If these rates change at any time during the term of the Agreement, Consultant shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

2.6 Contingency of Funds.

Consultant acknowledges that funding or portions of funding for this Agreement may be contingent upon State budget approval; receipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of sufficient funding for the services hereunder in the budget approved by Chino City Council for each fiscal year covered by this Agreement. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Agreement without penalty.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.
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Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Project Manager but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, which shall be no later than June 30, 2029, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Matt Kunkle____ ______ Contract Manager
(Name) (Title)
______________ ____________________
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. 289
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Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Project Manager.

The Project Manager shall be Jesus Plasencia, Assistant City Engineer or any other person as may be designated by the Project Manager. It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed 290
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to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. 291
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(d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
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(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements 293
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of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
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(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant 295
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agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.

All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. 296
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(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear 297
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to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Consultant and its sureties shall be liable for and shall pay to the City the sum of Zero Dollars and Zero Cents ($0.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Consultant any accrued liquidated damages.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this 298
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Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Project Manager. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.10 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
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8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City 300
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Manager and to the attention of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of 301
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“financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation
Linda Reich, City Manager
ATTEST:

Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Hye Jin Lee, Director of Public Works CONSULTANT:

WESTLAND GROUP, INC.:

By:

Name:

Title:

By:

Name:

Title:

Address: 8885 Haven Ave., Suite 100
Rancho Cucamonga, CA 91730
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
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01225.0001/863604.2 A-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the Services described in Consultant’s Proposal, attached hereto as Exhibit A-1.

II. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
304
EXHIBIT "A-1"
A1-1
305
A1-2
306
A1-3
307
A1-4
308
A1-5
309
A1-6
310
01225.0001/863604.2 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

311
01225.0001/863604.2 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall be compensated for the services provided under this Agreement in accordance with the budget and rates provided in Exhibit “C-1”.

II. Within the budgeted amounts for each Task, and with the approval of the Project Manager, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.10.

III. The City will compensate Consultant for the Services performed upon submission of a valid invoice, as described in Section 2.4.

IV. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
312
Shaping communities by providing infrastructure solutions.

CA Contractor License, Class A (General Engineering), CSLB# 1152732 8885 Haven Ave, Suite 100 Rancho Cucamonga, CA 91730
P: 888.787.1668 | www.westlandgroup.net
Engineering | Geospatial | Land Planning | Utility Locating | Potholing A Certified CPUC MBE Engineering Firm
ATTACHMENT C – FEE PROPOSAL
Sample Project Breakdown
Sample Project for Fee Proposal Purpose:

Project Description – 25 Lot single family residential subdivision (10 acres) Plan Sheets (Estimated)
Precise Grading Plan
Public Street (1000 LF, Curb, Gutter, Sidewalk)
Street Lighting
Storm Drain system, w/ on-site water quality treatment
Domestic water, Sewer Plan and Profile
Street Signing and Striping
Final Tract Map
Sheet Description Estimated Sheet Count
Precise Grading Plan 6
Public Street (1000 LF, Curb, Gutter, Sidewalk) 2
Street Lighting 2
Storm Drain system, w/ on-site water quality treatment 4 Domestic Water, Sewer Plan and Profile 6
Street Signing and Striping 2
Final Tract Map 3
Project Reports
Geotechnical Investigation
Hydrology/Hydraulics
SWPPP
WQMP
Plan Check Review Hour Estimate
Sheet Description 1st Rev 2nd Rev 3rd Rev Total
Precise Grading Plan 36 20 6 62
Public Street (1000 LF, Curb,
Gutter, Sidewalk)
6 4 2 12
Street Lighting 2 2 1 5
Storm Drain system, w/ on-site
water quality treatment
8 6 3 17
Domestic Water, Sewer Plan and
Profile
8 6 3 17
Street Signing and Striping 4 2 2 8
Final Tract Map 12 8 3 23
Reports (Various) 26 14 6 46
Total: 102 62 26 190
EXHIBIT "C-1"
C1-1
313
Shaping communities by providing infrastructure solutions.

CA Contractor License, Class A (General Engineering), CSLB# 1152732 8885 Haven Ave, Suite 100 Rancho Cucamonga, CA 91730
P: 888.787.1668 | www.westlandgroup.net
Engineering | Geospatial | Land Planning | Utility Locating | Potholing A Certified CPUC MBE Engineering Firm
Plan Checking Services Hourly Rate Classification
Personnel Classification Hourly Rate
Project Manager $200/hr
QA/QC Specialist $195/hr
Project Engineer $180/hr
Design Engineer $160/hr
Survey Manager $200/hr
Project Surveyor $180/hr
Mapping Analyst $150/hr
Administration $100/hr
Plan Review Level of Effort by Personnel Classification Personnel Classification Plan Review Estimate Fees
Project Manager 20 $4,000
QA/QC Specialist 12 $2,340
Project Engineer 80 $14,400
Design Engineer 49 $7,840
Survey Manager 8 $1,600
Project Surveyor 11 $1,980
Mapping Analyst 4 $600
Administration 6 $600
Total: 190 $33,360
C1-2
314
01225.0001/863604.2 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all work products timely in accordance with the schedule attached hereto as Exhibit “D-1”.

II. The Project Manager may approve extensions for performance of the services in accordance with Section 3.2.
315
EXHIBIT "D-1"
D1-1
316
Project Name/No.: General Plan Check Services Contract No.: ______________ & Other Related Engineering Services
Project Manager: PW/ J. Plasencia Approved: ___06.02.2026___ 01225.0001/863604.2 (Long Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND
BUREAU VERITAS NORTH AMERICA, INC.

THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 2
nd day of June, 2026 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Bureau Veritas North America, Inc., a Texas Corporation (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Chino’s Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, 317
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experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

The Scope of Services shall include the scope of work included in Consultant’s proposal, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code Section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, as they pertain to such work, including the following requirements:
(a) DIR Monitoring and Enforcement. The public work and/or maintenance work performed under this Agreement shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations (“DIR”). Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each 318
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calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. By executing this Agreement, and in accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require 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 of this contract.”
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(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.

Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Project Manager.

1.7 Software and Computer Services.

If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.

1.8 Care of Work.
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The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.9 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.10 Additional Services.

City shall have the right, subject to state law and the City’s Municipal Code, at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Project Manager to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation for extra work shall require the approval of City Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the increase does not exceed such authorization. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.11 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and 321
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incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Five Hundred Thousand Dollars and Zero Cents ($500,000) per fiscal year for a total contract amount not-to-exceed One Million Five Hundred Thousand Dollars and Zero Cents ($1,500,000) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. Consultant shall not invoice City for any duplicate services performed by more than one person.

All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
(c) Line items for all other approved reimbursable expenses claimed, with supporting documentation.
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(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. (e) If this Agreement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR.

Consultant shall also submit a list of the prevailing wage rates for all employees and subcontractors providing services under this Agreement, as applicable, with Consultant’s first invoice. If these rates change at any time during the term of the Agreement, Consultant shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

2.6 Contingency of Funds.

Consultant acknowledges that funding or portions of funding for this Agreement may be contingent upon State budget approval; receipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of sufficient funding for the services hereunder in the budget approved by Chino City Council for each fiscal year covered by this Agreement. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Agreement without penalty.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.
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Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Project Manager but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, which shall be no later than June 30, 2029, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Craig Baptista, M.B.A ______ Vice President__
(Name) (Title)
_______________ ____________________
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. 324
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Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Project Manager.

The Project Manager shall be Jesus Plasencia, Assistant City Engineer or any other person as may be designated by the Project Manager. It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed 325
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to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. 326
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(d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
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(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements 328
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of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
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(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant 330
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agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.

All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. 331
01225.0001/863604.2 16
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear 332
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to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Consultant and its sureties shall be liable for and shall pay to the City the sum of Zero Dollars and Zero Cents ($0.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Consultant any accrued liquidated damages.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this 333
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Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Project Manager. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.10 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
334
01225.0001/863604.2 19

8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City 335
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Manager and to the attention of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of 336
01225.0001/863604.2 21
“financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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01225.0001/863604.2 22
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation
Linda Reich, City Manager
ATTEST:

Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Hye Jin Lee, Director of Public Works CONSULTANT:

BUREAU VERITAS NORTH AMERICA, INC:

By:

Name:

Title:

By:

Name:

Title:

Address: 650 Sierra Madre Villa Ave., Suite 203
Pasadena, CA 91107
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
338
01225.0001/863604.2 A-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the Services described in Consultant’s Proposal, attached hereto as Exhibit A-1.

II. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
339
EXHIBIT "A-1"
A1-1 340
A1-2 341
A1-3 342
A1-4 343
A1-5 344
A1-6 345
A1-7 346
A1-8 347
01225.0001/863604.2 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

348
01225.0001/863604.2 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall be compensated for the services provided under this Agreement in accordance with the budget and rates provided in Exhibit “C-1”.

II. Within the budgeted amounts for each Task, and with the approval of the Project Manager, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.10.

III. The City will compensate Consultant for the Services performed upon submission of a valid invoice, as described in Section 2.4.

IV. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
349
1 BUREAU VERITAS 650 Sierra Madre Villa Ave., Suite 203, Pasadena, CA 91107 P 626.325.9800 | www.bvna.com
EXHIBIT C: SEPARATE COST FILE
* Cost for materials and incidental services, including travel expenses, copy, printing and plotting: Cost + 10% * Fast track / Expedited plan reviews shall be an additional 1.5 times the fees shown above. * Overtime (OT) will be charged at 1.25 times the standard hourly rate; hours worked on a designated holiday will be charged at the appropriate OT rate. No overtime will be charged without approval. * Rates and cost estimates shown above exclude per diem, prevailing wage and union rates. Should these be applicable, BV will discuss and negotiate fees to account for increased personnel costs. * Hourly rates subject to annual adjustment in accordance with CPI from Engineering News Record (ENR) with the City’s prior approval.
* Mileage for employee-owned vehicles used in connection with the work will be at the current IRS rate. * On-site hourly services to be invoiced a minimum of 6 hours per day on-site services are provided. * Services to be invoiced monthly; plan review fee to be invoiced after initial review. * ePlanSoft software licenses not provided by the jurisdiction will be purchased by BV and invoiced to the client at cost. * Additional services, if approved, shall be itemized and listed separately at an agreed upon lump sum not to exceed price. * Travel Cost when applicable to a project will be invoiced at the appropriate resources hourly classification rate referenced in table above.

HOURLY RATES

PERSONNEL CLASSIFICATIONS / TITLE HOURLY BILLING RATE
Senior Professional Engineer - Civil / Structural Engineer (P.E. / S.E.) $205.00 Project Manager $175.00
Land Surveyor $185.00
Civil Engineer (P.E.) / CASp Plans Examiner $165.00
Associate Engineer (E.I.T.) / Plan Reviewer $135.00
Project Coordinator $90.00
Administrative / Clerical Support $75.00
TRAFFIC (Subconsultant)
Senior Engineer/Planner II $295.00
Engineer/Planner $225.00

COST PROPOSAL

CITY OF CHINO GENERAL PLAN CHECK SERVICES AND OTHER RELATED ENGINEERING SERVICES BV’s pricing reflects our commitment to the success of the City of Chino by helping you maintain significant quality and cost saving benefits. These include:
✓ Reduced plan review turnaround times and rapid responses to inspection requests ✓ Implementation of electronic plan review processes to help improve efficiency and control costs ✓ Commitment to maintain a proposed rate structure for the life of the initial contract period ✓ Highly qualified and licensed/certified staff
✓ Assist City staff with special projects involving in the review of complex structural design on as-needed basis ✓ Confidence of working with a well-established consultant in business for 198+ years

PLAN CHECK PERCENTAGE OF FEE, BASED ON CITY-COLLECTED FEES 60% of City-Collected Fees
Note: The requested Sample Project Fee Proposal and Analysis is illustrated on the following pages.

EXHIBIT "C-1"
C1-1 350
2 BUREAU VERITAS 650 Sierra Madre Villa Ave., Suite 203, Pasadena, CA 91107 P 626.325.9800 | www.bvna.com
EXHIBIT C: SEPARATE COST FILE

SAMPLE PROJECT - FEE PROPOSAL AND ANALYSIS
Per the Proposer Requirements section found in Attachment C - Fee Proposal Instructions, based on the Sample Project for Fee Proposal Purposes, Bureau Veritas is providing an Hourly Rate Schedule of all applicable personnel below, as well as the information requested in Items 2-6 of the instructions.

Project Description
The project consists of a 25-lot single-family residential subdivision on approximately 10 acres in the general City. The project includes:
• Precise grading on site
• Construction of approximately 1,000 linear feet of new public local residential street • Curb, gutter, sidewalk, and street lighting
• Storm drain system with on-site water quality treatment • Domestic water and sanitary sewer improvements
• Street signing and striping
• Final tract map
The initial improvement plan submittal consists of approximately 50 plan sheets, including grading, street, storm drain, water, sewer, street lighting, signing/striping and relevant technical studies (e.g. WQMP, Drainage, Soils). The estimated cost of the public improvements is $1,000,000.

1. Hourly Rate Schedule (Note: Only personnel classifications applicable to the sample project are shown in the table below.)

HOURLY RATE SCHEDULE

PERSONNEL CLASSIFICATIONS / TITLE HOURLY RATE NOTES
Senior Professional Engineer $205.00 Overall QA/QC, complex reviews, Primary technical review Project Manager $175.00 Coordination, technical leadership Civil Engineer $165.00 Standard Reviews
Associate Engineer / Plan Reviewer $135.00 Simple Plan Review/Revisions Project Coordinator $90.00 Data compilation, corrections tracking Administrative / Support Staff $75.00 Filing, scheduling, document management Note: Since the City of Chino utilizes EPlan Soft for reviews, typically limited project coordination/administrative support is needed. Project engineers will handle most of those efforts.

2. Estimated Hours by Personnel Classification

ESTIMATED HOURS BY PERSONNEL CLASSIFICATION
PERSONNEL CLASSIFICATIONS / TITLE Cycle 1 Hours Cycle 2 Hours Cycle 3 Hours Total Hours Senior Professional Engineer 35 18 10 63
Project Manager 2 1 0 3
Civil Engineer 18 9 4.5 31.5
Associate Engineer / Plan Reviewer 8 4 2 14
Project Coordinator 2 1 0.5 3.5
Administrative / Support Staff 0 0 0 0
TOTAL HOURS 65 33 17 115
C1-2 351
3 BUREAU VERITAS 650 Sierra Madre Villa Ave., Suite 203, Pasadena, CA 91107 P 626.325.9800 | www.bvna.com
EXHIBIT C: SEPARATE COST FILE

6. Key Assumptions
✓ Three review cycles
✓ 50 plan sheets as described; significant scope changes trigger fee adjustment ✓ Standard complexity — no extraordinary geotechnical or environmental issues requiring specialist consultants ✓ Applicant responsiveness — reasonable turnaround on resubmittals (assumes 2-3 week cycles) ✓ In-house review — all work performed by firm staff; no third-party consultant fees ✓ Digital plan submission — no physical plan handling or courier costs. Excludes final parcel maps that will be signed by Land Surveyor
✓ Standard City coordination — no extraordinary meetings or presentations beyond normal plan check process ✓ Existing City standards
✓ No specialty reviews — assumes standard Civil disciplines ✓ Scope exclusions: Final inspection, construction administration, as-built verification, or post-approval services

3. Proposed Staffing Mix & Level of Effort

PROPOSED STAFFING MIX & LEVEL OF EFFORT
PERSONNEL CLASSIFICATIONS / TITLE % of Total Hours Rationale Senior Professional Engineer 55% Primary reviewer for all tasks, focus on more complex technical reviews, City municipal codes and standards
Project Manager 3% Coordination with internal staff and City staff Civil Engineer 27% Secondary reviewer for standard tasks Associate Engineer / Plan Reviewer 12% Review of simple tasks: cost estimate, quantities and overall plan coordination
Project Coordinator 3% Intake/assignment of tasks
Administrative / Support Staff 0% Typically not required due to reviews being on EplanSoft

4. Total Estimated Internal Cost

TOTAL ESTIMATED INTERNAL COST
PERSONNEL CLASSIFICATIONS / TITLE Estimated Hours Hourly Rate Subtotal Senior Professional Engineer 63 $205.00 $12,915.00
Project Manager 3 $175.00 $525.00
Civil Engineer 31.5 $165.00 $5,197.50
Associate Engineer / Plan Reviewer 14 $135.00 $1,890.00 Project Coordinator 3.5 $90.00 $315.00
Administrative / Support Staff 0 $75.00 $0
TOTAL INTERNAL COST 115 $20,842.50

5. Confirmation of Ability to Complete within Budget Cap Bureau Veritas confirms our ability to complete comprehensive plan check services for this 25-lot residential subdivision project within the maximum available compensation of $37,800. Our proposed staffing allocation, hourly rates, and estimated 115 hours of effort are structured to deliver thorough technical review across all disciplines (grading, utilities, drainage, traffic, environmental compliance) while maintaining quality standards and meeting City timelines. Our cost estimate of $20,842.50 provides adequate margin for contingencies while remaining well within the fee cap.

C1-3 352
01225.0001/863604.2 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all work products timely in accordance with the schedule attached hereto as Exhibit “D-1”.

II. The Project Manager may approve extensions for performance of the services in accordance with Section 3.2.
353
EXHIBIT "D-1"
D1-1
354

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: JUNE 16, 2026
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Award Professional Services Agreement to Eurofins Drinking Water and Wastewater West, LLC for Drinking Water Analysis and Related Consulting Services. ..end

RECOMMENDATION
Award a Professional Services Agreement for $450,000 to Eurofins Drinking Water and Wastewater West, LLC, Pomona, CA for a five-year term for Drinking Water Analysis and Related Consulting Services; and authorize the City Manager to execute all necessary documents on behalf of the City.
..body

FISCAL IMPACT
Sufficient funds have been budgeted in the proposed FY2026-27 Water Services (Fund 520) Operating Budget. Awarding this agreement is contingent upon the final budget adoption, which is scheduled for June 16, 2026.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Superior Customer Service
 Financial Stability
 Responsible Long-Range Planning
Revenue: Click or tap here to enter text. Expenditure: 5207300-43650 Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 355
CITY COUNCIL MEETING DATE: JUNE 16, 2026
TITLE: AWARD PROFESSIONAL SERVICES AGREEMENT TO EUROFINS DRINKING

WATER AND WASTEWATER WEST, LLC FOR DRINKING WATER ANALYSIS AND RELATED CONSULTING SERVICES.

PAGE: 2

BACKGROUND
California drinking water regulations require the City to regularly monitor and evaluate the quality of the drinking water distributed to customers to ensure compliance with State and Federal Safe Drinking Water Act requirements. These regulations are established and enforced by the California State Water Resources Control Board, Division of Drinking Water, and are intended to protect public health by ensuring that drinking water remains safe, reliable, and free from harmful contaminants.

Required water quality monitoring includes testing for microbiological contaminants, disinfectant residuals, inorganic and organic chemicals, radiological constituents, and other regulated substances that may impact human health. As part of these regulatory requirements, as well as the City’s commitment to public safety, the City collects and submits water samples to a Statecertified laboratory for analysis.

Certified Laboratory testing is a critical component of the City’s water quality assurance program, providing verification that the City’s drinking water system continues to operate in compliance with applicable regulations. Routine analysis also serves as an early warning mechanism to identify potential water quality concerns, treatment process issues, or distribution system anomalies before they can pose a risk to public health and safety.

To ensure ongoing regulatory compliance and maintain the highest standards of public health protection, the City enters into a professional services agreement with a qualified laboratory to perform the required analytical testing and related consulting services.

ISSUES/ANALYSIS
On March 26, 2026, the City released a Request for Proposals (RFP No. 2026-0010) for "Drinking Water Analysis and Related Consulting Services" via PlanetBids, in accordance with City procurement policies. The City received three (3) proposals by the closing date of April 23, 2026.

A review committee, consisting of City staff, evaluated proposals separately to maintain confidentiality and fairness. Staff then scored these proposals using the following weighted criteria:
 Experience/Qualifications: 25%
 Past Performance/References: 25%
 Plan Methodology/Project Approach: 20%
 Quality and Responsiveness of Proposal: 15%
 Cost Evaluation: 15%
While cost is considered in the evaluation process, selection is not based solely on price.

Instead, the City emphasizes overall qualifications, demonstrated performance, technical capability, and responsiveness to ensure the selected laboratory can provide accurate, timely, and reliable analytical services in support of regulatory compliance and the protection of public health and safety.

Following evaluation, Eurofins Drinking Water and Wastewater West, LLC received the highest average score and is recommended for contract award.

Evaluation Results:
356
CITY COUNCIL MEETING DATE: JUNE 16, 2026
TITLE: AWARD PROFESSIONAL SERVICES AGREEMENT TO EUROFINS DRINKING

WATER AND WASTEWATER WEST, LLC FOR DRINKING WATER ANALYSIS AND RELATED CONSULTING SERVICES.

PAGE: 3

RANKING CONTRACTOR
1 Eurofins Drinking Water and Wastewater
West, LLC
2 Weck Analytical Environmental
Services
3 Babcock
Staff requests City Council approval to award a Professional Services Agreement with Eurofins Drinking Water and Wastewater West, LLC for as-needed Drinking Water Analysis and Related Consulting Services for a five-year term from FY2026-27 through FY2030-31 in the amount of $450,000. Actual annual expenditures will vary based on regulatory testing requirements, operational needs, and water quality monitoring activities.

Attachment: Professional Services Agreement – Eurofins Drinking Water and Wastewater West, LLC
357
Project Name: Drinking Water Analysis & Contract No.: ______________ Related Consulting Services
Project Manager: PW - P. Vicario Approved: ______________ 01225.0001/863604.2 (Long Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND

EUROFINS DRINKING WATER AND WASTEWATER WEST, LLC
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 16th day of June, 2026 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and EUROFINS DRINKING WATER AND WASTEWATER WEST, LLC, a California Limited Liability Company (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Chino’s Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall 358
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follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

The Scope of Services shall include the scope of work included in Consultant’s proposal, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code Section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, as they pertain to such work, including the following requirements:
(a) DIR Monitoring and Enforcement. The public work and/or maintenance work performed under this Agreement shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations (“DIR”). Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined 359
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by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. By executing this Agreement, and in accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require 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 of this contract.”
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(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.

Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Project Manager.

1.7 Software and Computer Services.

If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.

1.8 Care of Work.
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The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.9 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.10 Additional Services.

City shall have the right, subject to state law and the City’s Municipal Code, at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Project Manager to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation for extra work shall require the approval of City Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the increase does not exceed such authorization. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.11 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and 362
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incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Four Hundred Fifty Thousand Dollars and Zero Cents ($450,000.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. Consultant shall not invoice City for any duplicate services performed by more than one person.

All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
(c) Line items for all other approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. 363
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(e) If this Agreement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR.

Consultant shall also submit a list of the prevailing wage rates for all employees and subcontractors providing services under this Agreement, as applicable, with Consultant’s first invoice. If these rates change at any time during the term of the Agreement, Consultant shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

2.6 Contingency of Funds.

Consultant acknowledges that funding or portions of funding for this Agreement may be contingent upon State budget approval; receipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of sufficient funding for the services hereunder in the budget approved by Chino City Council for each fiscal year covered by this Agreement. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Agreement without penalty.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this 364
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reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Project Manager but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, which shall be no later than June 30, 2029, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

This Agreement may be renewed by a written amendment for up to an additional two (2) year(s) at the option of the City if the City is satisfied with the quality of services performed by Consultant under this Agreement.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

(Name) (Title)

(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. 365
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Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Project Manager.

The Project Manager shall be the Water Utilities Superintendent or any other person as may be designated by the Project Manager. It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Project Manager.

Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed 366
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to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. 367
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(d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
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(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements 369
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of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
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(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant 371
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agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.

All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. 372
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(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear 373
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to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Consultant and its sureties shall be liable for and shall pay to the City the sum of Zero Dollars ($0) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Consultant any accrued liquidated damages.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this 374
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Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Project Manager. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.10 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
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8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City 376
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Manager and to the attention of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of 377
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“financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation
Linda Reich, City Manager
ATTEST:

Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
Fred Galante, City Attorney Hye Jin Lee, Director of Public Works CONSULTANT:

EUROFINS DRINKING WATER AND

WASTEWATER WEST, LLC,
By:

Name:

Title:

By:

Name:

Title:

Address: 941 Corporate Center Drive
Pomona, CA 91768
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. 379
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EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the Services described in Consultant’s Proposal, attached hereto as Exhibit A-1.

II. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
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EXHIBIT “A-1”

SCOPE OF SERVICES
Eurofins is primarily responsible for analyzing samples and providing timely reporting according to the City’s water system compliance deadlines and permit reporting requirements. Eurofins is accredited by The NELAC Institute (TNI), the International Standards Organization (ISO), the State of California Environmental Laboratory Approval Program (ELAP) and the United States Environmental Protection Agency (EPA) for comprehensive water quality analyses. Eurofins meets all Title 22 Detection Limits for Reporting (DLR) and NPDES minimum level (ML) reporting limit requirements. Eurofins is also able to submit compliance results electronically to the appropriate State or Federal regulatory agencies and (if/when needed) inhouse LIMS. They maintain all of the City’s testing data at a secure, online website “file cabinet” for your access.

The Consultant’s services shall include, but not be limited to, the following:

1. Analysis Report
All completed Division of Drinking Water required laboratory analysis reports shall be submitted to the City and Division of Drinking Water on forms and formats in compliance with Title 22 California Code of Regulations on or before the 7th day of each month. This will ensure delivery of results, by City of Chino staff, to the Division of Drinking Water by the 10th of each month.

2. Consultant shall provide the City with consultation and technical support information when requested.

3. The City requires that the laboratory implements and maintains a quality assurance program to assure the reliability and validity of the analytical data produced by the laboratory. As evidence of such a program, the laboratory shall develop and maintain a quality assurance program manual. The quality assurance program manual table of contents shall be provided with the proposal. Laboratory Performance Evaluation testing and Quality Assurance Reports must be available on request by the City

4. The City requires that all laboratory analyses be in accordance with Title 22, California Code of Regulations and Title 40, Code of Federal Regulations.

5. The City requires Electronic Data Transfer (EDT) to the Division of Drinking Water and EDT to the EPA CDX systems.

6. The City requires that the laboratory provide all sample containers with appropriate preservation agents pre- added, including transportation or storage containers and/or ice chests, and blue or jell ice cooling agents.

7. The laboratory must be located within 30 miles of the City of Chino’s water facilities and must be available for deliveries and pick-ups 5 days per week. 381
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8. The use of sub-contract laboratory services shall not exceed five percent (5%) of analytical services requested.

9. All sub-contract laboratories must be identified in advance of use, and each laboratory must comply with certification requirements stipulated for contract laboratory. Subcontracting is not permissible for nitrate, perchlorate, and 1,2,3 trichloropropane analyses.

Delivery of analytical reports Instructions: The Service Provider shall deliver all analytical reports to:

City of Chino - Public Works Department – Water Division 5050 Schaefer Avenue
Chino, CA 91710-4127
Attn. Water Utilities Superintendent
Re: Water Analysis Reports
Potable Water Analyses
Eurofins is accredited by The NELAC Institute (TNI) and in 50 other states and territories to perform potable water analyses. Our TNI accreditation program (based on ISO17025) relies on our rigorous quality system and includes more stringent and comprehensive standards than nonTNI laboratories. More than 90% of California laboratories do not presently qualify for TNI accreditation. They have successfully maintained licensure for over 30 consecutive years. Their certification coverage includes accreditation in all 5 fields of testing for drinking water:

Inorganics, Organics, Radiochemistry, Microbiology and Disinfection By-Products. Eurofins is also ISO 17025 accredited.

Eurofins is California ELAP accredited for additional California-specific parameters for emerging contaminants such as Hexavalent Chromium, 1,2,3-Trichloropropane, Tert-Butyl Alcohol, Nitrosamines and PFAS. Eurofins sister lab in South Bend, IN is ELAP accredited for Giardia/Cryptosporidium.

In addition to TNI, ISO and ELAP accreditations, Eurofins also maintains the following specialty certifications relevant to water quality analysis for CECs and emerging contaminants:
• EPA UCMR1, UCMR2, UCMR3, UCMR4 and UCMR5 approved
• EPA ICR approved laboratory for disinfection by-products • New Jersey DEP approved laboratory for PFAS compounds • Massachusetts DEP approved laboratory for low-level Perchlorate analysis Quality Assurance/Quality Control (QA/QC)
Eurofins is committed to the highest standards of quality and the production of legally defensible data. Eurofins Quality Assurance Program (QAP), in its 50th revision, is modeled after the EPA Lab Certification Manual for Drinking Water Laboratories and the TNI 2016 Lab Standards to meet our accreditation requirements. The program follows a logical work sequence and employs 382
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several criteria to reflect our commitment to generating accurate, legally and scientifically defensible compliance data.
• Formalized, validated analytical and operational standard operating procedures. • Ongoing checks to ensure the use of current and acceptance standards. • Annual demonstrations of capability and method detection limits for all compliance tests. • Use of minimum reporting levels that are at or above the lowest calibration standard and also above the method detection limit to help foster a high degree of data accuracy. • Strict adherence to chain of custody procedures and sample documentation. • Calibration levels that are established at or below federal triggers for increased monitoring.
• Multiple data reviews at the peer, supervisor, independent QA validator and project management levels.
• Use of sophisticated queries for data storage, retrieval, interpretation, control charting and early warning of preliminary results inconsistent with sample history or exceeding regulatory thresholds.
• Data mining and query by location, date or constituent for clients from our LIMS. • Pre-qualified laboratories for subcontracted analyses + contingency for tests performed in-house.

The comprehensive Ethics and Data Integrity Program that is compliant with the Office of Inspector General and includes:
• Annual Ethics and Data Integrity Training for all employees • Signed Ethics, Data Integrity and Conduct Agreement for all employees  Periodic, Internal Blind Audits and Monitoring
• Defined Ethics and Data Integrity Reporting Procedures Electronic Reporting
Final report deliverables include all the following:
• Signed Cover Page with Project Name and Title referenced • Sample Acknowledgement
• Chain of Custody
• Hits Report Summary with comparison to regulatory limits • Sample Results with collection, receipt and analysis dates referenced • Report Comments/Narrative
• QC Summary
• Batch QC Report (lab control spikes, matrix spikes, MRL check, method blank, surrogates)
• State Forms (for Title 22 drinking water)
• EDD
Eurofins maintains a secure, online account for your access to all project-related documents.

Any designated representative may use project-specific or “master” ID and password to access our web site where PDF versions of the project documents can be accessed. 383
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All reports are delivered electronically via a secure PDF link, and distribution is fully customizable. The City may designate any internal or third-party contacts to receive COCs, acknowledgements, reports, or invoices. Our LIMS organizes data by project, streamlining project-specific reporting, billing, and data retrieval for analytical histories or regulatory needs.

Electronic Data Management
MyEOL® is Eurofins’ online data delivery solution, available to all clients at no added cost.

Allowing clients to track all aspects of their environmental data program, MyEOL® provides an additional means for clients to interact with their laboratory. Accessible from any web browser, MyEOL® provides the following benefits to our clients:

Rapid access to data for real time decision making
• Customizable EDD creation
• Data trending capabilities by sample and analyte
• Budgeting tool for analytical projects
• Project status updates for results, electronic deliverables and other documents generated for the project
• Downloadable project documentation; invoices, reports, EDDs, and COCs • Customizable displays capturing data in single grid and single click downloads to Excel • Multi-project report generation capabilities allowing for the consolidation of multiple sample events into one EDD report
• Preloaded regulatory limits enabling the comparison of client results to existing regulatory standards.
• Ability to create personalized limits capable of comparison to client result 384
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EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

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EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall be compensated for the services provided under this Agreement in accordance with the budget and rates provided in Exhibit “C-1”.

II. Within the budgeted amounts for each Task, and with the approval of the Project Manager, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.10.

III. The City will compensate Consultant for the Services performed upon submission of a valid invoice, as described in Section 2.4.

IV. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
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EXHIBIT “C-1”

SCHEDULE OF COMPENSATION
Firm Prices: Pricing shall be fixed for a total of three years. The price shall include all costs including labor, materials, equipment, fuel, fees, licensing, taxes and any other costs associated therewith, and no additional compensation shall be allowed.

Pricing Schedule: Pricing Schedule and the Pricing Worksheets shall include any and all miscellaneous fees associated with this type of service and shall remain fixed for a total of three years.

Note: Types of analysis (i.e. constituents/contaminants) are based on Current State Water Resources Control Board, Division of Drinking Water and United States Environmental Protection Agency Guidelines and are subject to change. • All reports shall be available within days of the samples being taken. • Shorter bottle deliveries may be requested for specific constituents. The additional cost will be:
$ 24 hours $ 2-3 days $ 4-5 days $ 6-10 days
Sample pick-up and bottle delivery service will be on a Tuesday. • Will sample pick-up and bottle delivery service be free of charge? ( )Yes ( ) No If No, list the charges per event: $
• Payment Terms: % discount, if paid within days.
• Additional Terms:
% Discount on Annual Purchase Amount Exceeding $__________ • For each year the contract is extended, list below the potential pricing increase or decrease:
% increase % decrease
3rd year: % increase % decrease
10 BD*
*excluding radiological
100/cooler 100/cooler 100/cooler no charge
x
as needed as needed

N/A N/A

2.5 - 3*

2.5 - 3*
N/A*
N/A*
*no increase to PFAS pricing
N/A
2nd year:
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General Physical (Odor, Color, Turbidity) 500 Weekly Various $15 $7,500 Type of Analysis Total Annual
Est.

Sampling
Frequency
EPA
Method Unit Price Extended Price
Microbiological (Routine & Source) 1500 Weekly SM9223B $10 $15,000 Nitrate (N) RUSH EPA 300 $11
Nitrate (N) (Source & Reservoirs) 650 Weekly EPA 300 $11 $7,150 Perchlorate (@ 1 ppb / WTP related) 100 Monthly EPA 331 $50 $5,000 Perchlorate (@ 2 ppb / WTP related) 300 Monthly EPA 331 $50 $15,000 Sulfate (WTP related)
Perchlorate RUSH EPA 331 $150
60 Monthly EPA 300 $11 $660
Nitrite (WTP related) 60 Monthly EPA 300 $11 $660
Hardness 100 Weekly SM2340B No Charge No Charge
HPC (WTP/distribution related) 50 Monthly SM9215 $12 $600 TCP 123 (MCL) 500 Weekly 524.2 SRL $62 $31,000
DBPR Stage-3 (8 HAAS) (8 THM) 64 Quarterly Various $102 $6,528 TCP 123 Low Level (PHG) 500 Weekly 524.2 SRL $65 $32,500 TCP 123 (MCL) RUSH 524.2 SRL $124
Gross Alpha 100 Quarterly EPA 900 $60 $6,000
Radiological
Gross Beta 100 Quarterly EPA 900 Incl w/ alpha Incl w/ alpha

PRICING WORKSHEETS
Radium 226 100 Quarterly EPA 903 $104 $10,400
Radium 228 100 Quarterly EPA 904 $104 $10,400
Strontium 90 100 Quarterly EPA 905 $125 $12,500
Tritium 100 Quarterly EPA 906 $104 $10,400
Radon 100 Quarterly SM7500RN $65 $6,500
$99 $1,287
Inorganic Chemicals (Aluminum, Arsenic,
Barium, Cadmium, Chromium, Lead, Mercury,
Nitrate, Nitrate, Selenium, Silver, Fluoride,
Antimony, Beryllium, Nickel, Thallium)
13 Annual Various $90 $1,170
Hexavalent Chromium 13 Annual EPA 218.7 $42 $546
General Mineral (Bicarbonate, Carbonate,
Hydroxide, Total Alkalinity, Calcium, Chloride,
Copper, MBAs, Iron, Potassium. Magnesium,
Manganese, pH, Sodium Sulfate. Specific
Conductance, Total Dissolved Solids, Total
Hardness, Zinc.) Aggressive & Langlier Index
13 Annual Various
Cyanide 13 Annual SM4500_CN_
F
$26 $338
Asbestos 2 Annual EPA 100.2 $150 $300
Lead & Copper (Tap Water Monitoring) 60 SemiAnnual EPA 200.8 $22 $1,320 Organic Chemicals (EDB & DBCP, Nitrogen &
Phosphorus Pesticides, Chlorinated Pesticides &
PCBs as DCP, Chlorinated Acid Herbicides,
DEHP, DEHA, Benzo(a)Pyrene, Carbamates,
Glyphosate, Endothall, Diquat, Dioxin (2,7,8
TCDD)
13 Annual Various $796 $10,348
Volatile Organics 13 Annual 524.2 $62 $806
PFOS/PFOA 13 Annual 537.1 $250 $3,250
Note: Types and quantities of analysis are based on the most current State Water Resources Control Board and United States Environmental Protection Agency Guidelines and are subject to change.) 388
01225.0001/863604.2 C-4
Optional Analysis
$768
$768
Total Annual
Est. Unit Price Extended Price
DDW Notification List Samples
1,4-Dioxane 6 $128
incl w/ 521
N-Nitrosodiethylamine (NDEA) 6 $128
EPA 522
EEA 521.1
$76
LC/MS
N-Nitrosodimethylamine (NDMA) 6 incl w/ 521
N-Nirtosodi-n-propylamine (NDPA) 6 incl w/ 521 incl w/ 521 EEA 521.1
EEA 521.1
The table below contains an optional list of contaminants. The pricing given in this table will not be included in the bidding selection for water quality analysis.

Sampling
Frequency
EPA
Method
2,4,6-Trinitrotoluene (TNT) 6 LC/MS incl w/ RDX incl w/ RDX EPA 524.2 $456
RDX 6 $205 $1,230
Tertiary butyl alcohol (TBA) 6
389
01225.0001/863604.2 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all work products timely in accordance with the schedule attached hereto as Exhibit “D-1”.

III. The Project Manager may approve extensions for performance of the services in accordance with Section 3.2.
390
01225.0001/863604.2 D-2
EXHIBIT “D-1”

SCHEDULE OF PERFORMANCE
Sample Collection and Transport
Eurofins is located about 10 miles from the City of Chino. Eurofins maintains an in-house courier service but have also partnered with a 3rd party courier service to allow maximum flexibility for client pickups. Eurofins can respond to same day or unforeseen event requests and pre-scheduled weekly pick-ups.

For provided sample containers, every sample batch is associated with a lot number, identified on each container and tracked to trace any contamination that might originate with the vendor.

All Volatiles and Metals lots are tested additionally at Eurofins to verify the absence of contamination. When required by the method, containers are preserved according to CFR 136- 149 and the Manual for the Certification of Laboratories (5th edition). Only reagent grade (or HPLC-grade) water and preservatives are used. Pre-labeled containers are included with gel pack (if needed), customized COC form and kit inventory for every entry point, plant effluent and set of source and/or distribution system sample sites. Eurofins will pre-label the containers to eliminate unnecessary time spent in the field. Sample kits can be delivered all at once each month, on a weekly basis or as requested by the customer.

All samples are delivered to the laboratory on the day of pick-up to ensure sample temperature and holding times are met. Strict chain of command is always observed during transport to the laboratory.

Eurofins understands how essential short hold-time analyses are, particularly those with a 72- hour window or less. Because many clients depend on the timely completion of these timesensitive tests, Eurofins team follows a structured process to quickly flag and communicate all short-hold samples to the laboratory. A process that has proven effective includes identifying short-hold analyses when issuing pre-filled chains of custody and ensuring the Project Manager is aware of the sample collection schedule in advance. For reference, for overseas clients, Eurofins has implemented a procedure that designates the entire cooler as short hold so that the receiving team can prioritize it immediately upon arrival. Eurofins is fully prepared to implement or collaborate on any specific ideas or preferences the City may have to ensure the process aligns seamlessly with the City’s needs.

Eurofins inspects all samples upon receipt. They will contact the City immediately whenever samples are received with breakage, leakage, inverted septa or air bubbles (for Volatile samples), incorrect containers, wrong preservatives, missing container labels, incomplete paperwork or excessive temperature. Each cooler temperature is measured and recorded on the COC. Specific lab IDs are then assigned to each sample and scheduled for analysis. Analytical Departments are notified to retrieve any samples with short HTs or samples requiring rush TATs to process immediately. Remaining samples are stored at 4oC in walk-in refrigerators. Temperatures in all cold storage areas are measured twice each day to ensure required temperature is maintained (TNI standard 5.5.3). Volatiles samples are segregated in separate refrigerators to prevent crosscontamination. 391
01225.0001/863604.2 D-3
Level I chain of custody is adhered to while your samples are in our possession. Eurofins is a secure building, with pass key access and locked refrigerators. Custody documentation is maintained on the Custody Form, on Run Logs and/or Bar Codes to indicate where the samples are always located. Samples are disposed after 30 days, when holding times expire or as requested by our clients.

Turnaround Times (TAT)
All results are reported within 10 working days of receipt of samples, which is our standard turnaround time (method permitting, i.e. Radiological testing).

For preliminary reporting, we implement data capture utilities (DCUs) to transfer data directly from instrument to LIMS and forward these “preliminary” results for certain critical constituents as soon as they are available. For final reporting, Eurofins employs a rigorous data reduction/validation process to present defensible values on final reports with qualifiers (as needed) within the contractual turnaround time we’re committing to. Eurofins’ LIMS also autogenerates EDDs and EDTs to WaterTrax, Write-On, CDX and the Authority’s LIMS. 392

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: JUNE 16, 2026
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Final Acceptance of Public Improvements for Tract No. 20167, generally located south of Market Street, west of Hellman Avenue, north of Legacy Park Street, and east of Discovery Park Avenue (Block 4).
..end

RECOMMENDATION
1) Accept public improvements as complete for Tract Map No. 20167; 2) authorize release of the performance bond and initiate the warranty bond; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
..body

FISCAL IMPACT
There are sufficient funds included in the City’s Operating Budget to support the ongoing maintenance activities related to the public improvements being accepted.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Positive City Image
 Public Service Excellence through Internal and External Partnerships Revenue: Click or tap here to enter text. Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 393
CITY COUNCIL MEETING DATE: JUNE 16, 2026
TITLE: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT NO. 20167,

GENERALLY LOCATED SOUTH OF MARKET STREET, WEST OF HELLMAN AVENUE,

NORTH OF LEGACY PARK STREET, AND EAST OF DISCOVERY PARK AVENUE (BLOCK 4).

PAGE: 2

BACKGROUND
On August 5, 2019, the Planning Commission approved Chino Preserve Development Corporation’s application for Master Site Approval and Tentative Tract Map No. 20164, consisting of an “A” Level Master Plan and subdivision of a 54.78 adjusted gross acre project site for conveyance purposes and the future development of 388 residential units within the Low Density Residential (LDR) land use designation. The project site is generally located south of Market Street, west of Hellman Avenue, north of Legacy Park Street, and east of Discovery Park Avenue within what is commonly referred to as the Block 4 area of The Preserve Specific Plan, as depicted in Exhibit A.

Tract Map No. 20164 established nine numbered lots and twelve lettered lots for the overall Block 4 area within The Preserve. The numbered lots created separate legal parcels intended to facilitate future conveyance, ownership transfer, financing, and phased development, while serving as the planning areas for six subsequent “B” Level Tentative Tract Maps, including Tract Maps No. 20165, 20166, 20167, 20168, 20248, and 20249. These subsequent maps further refined subdivision design, development standards, and implementation of individual residential neighborhoods within the approved master-planned community.

Lennar Homes of California subsequently acquired ownership of Tract Map No. 20167, as depicted in Exhibit A, from the master developer for the purpose of implementing the approved residential development associated with the tract.

As part of the Engineering Conditions of Approval (COA) associated with the approved subdivision for Tract Map No. 20164, Chino Preserve Development Corporation was required to design and construct certain public improvements necessary to expand and support backbone infrastructure systems, including potable water facilities, roadway improvements, sanitary sewer facilities, storm drain infrastructure, and other related public improvements. Following acquisition of Tract Map No. 20167, Lennar assumed responsibility for completion of specific intract improvements necessary to support development of the subdivision.

To guarantee completion of the required public improvements associated with Tract Map No. 20167, Lennar executed a Subdivision Improvement Agreement (SIA) and posted the required securities for construction of the in-tract public potable water system. The SIA and associated securities were approved by the City Council on March 2, 2021 (Exhibit B). All costs associated with the design and construction of the required improvements are borne solely by Lennar; therefore, there is no direct fiscal impact to the City.

The public improvements for this project were completed in accordance with the approved plans and to the satisfaction of Public Works staff. The project reached substantial completion in October 2025. Between October 2025 and April 2026, the contractor and project manager coordinated with the City’s project engineer to address various administrative items included in the final punch list to close out the project, including as-built drawings, compaction reports, and CAD/GIS files. All outstanding punch list items have since been submitted and completed to the City’s satisfaction.

ISSUES/ANALYSIS
The public improvements to be accepted by the City of Chino, as described above, consist of the in-tract potable water system as shown on Exhibit C. The public improvements completed have been constructed in compliance with the City’s standards and specifications to the 394
CITY COUNCIL MEETING DATE: JUNE 16, 2026
TITLE: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT NO. 20167,

GENERALLY LOCATED SOUTH OF MARKET STREET, WEST OF HELLMAN AVENUE,

NORTH OF LEGACY PARK STREET, AND EAST OF DISCOVERY PARK AVENUE (BLOCK 4).

PAGE: 3
satisfaction of the Public Works Inspector. All public improvements that were part of the COA for this project were fully funded by the developer.

Security for a one-year warranty period has been submitted to the City. Under the warranty bond obligation, the developer will correct any defects found within one year of the City Council’s acceptance of the Project. Also, upon completion and final acceptance, the public improvements shall become the sole exclusive property of the City to operate and maintain.

Attachments: Exhibit A – Vicinity Map
Exhibit B – Subdivision Improvement Agreement
Exhibit C - Public Improvements Atlas
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453

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: JUNE 16, 2026
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Approve the Consolidation, Amendment, and Reconciliation of Lewis Companies Construction Credit Reimbursement Agreements for Storm Drain Development Impact Fees (DIF). ..end

RECOMMENDATION
1) Approve the First Amendment to Contract No. 2024-235, the Construction Credit and Reimbursement Agreement for Line F, increasing the agreement amount by $4,184,847.86 for a revised total contract amount not to exceed $10,669,969.97, between the City of Chino, Chino Development Corporation, a California corporation, and Chino Preserve Development Corporation, a California corporation; 2) accept the updated Storm Drain DIF Credit and Reimbursement Reconciliation for project-specific development projects in the amount of $37,359,059.65 through May 31, 2025; and 3) authorize the City Manager to execute all the necessary documents on behalf of the City.
..body

FISCAL IMPACT
There is no direct fiscal impact on the City.

Staff will continue to conduct annual reconciliations of Storm Drain DIF credits and reimbursements and will return to the City Council periodically with updated reconciliations until all outstanding obligations and balances under the applicable agreements have been fully resolved.

Public improvements financed through Community Facilities District No. 2003-3 are not eligible for cash reimbursement under the City’s Development Impact Fee Program. Such improvements may only be recognized as Storm Drain DIF credits to the extent permitted under the applicable agreements and consistent with the City’s Storm Drain DIF Program requirements.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Financial Stability
 Responsible Long-Range Planning
 Public Service Excellence through Internal and External Partnership Revenue: Click or tap here to enter text. Expenditure:
454
CITY COUNCIL MEETING DATE: JUNE 16, 2026
TITLE: APPROVE THE CONSOLIDATION, AMENDMENT, AND RECONCILIATION OF LEWIS

COMPANIES CONSTRUCTION CREDIT REIMBURSEMENT AGREEMENTS FOR STORM DRAIN DEVELOPMENT IMPACT FEES (DIF).

PAGE: 2
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 455
CITY COUNCIL MEETING DATE: JUNE 16, 2026
TITLE: APPROVE THE CONSOLIDATION, AMENDMENT, AND RECONCILIATION OF LEWIS

COMPANIES CONSTRUCTION CREDIT REIMBURSEMENT AGREEMENTS FOR STORM DRAIN DEVELOPMENT IMPACT FEES (DIF).

PAGE: 3

BACKGROUND
Before the City Council for consideration is a Storm Drain Development Impact Fee (“Storm Drain DIF”) Credit and Reimbursement Reconciliation associated with regional backbone storm drainage infrastructure improvements constructed by the City’s master developer, Lewis Companies (“Lewis”), in support of development within The Preserve. The reconciliation provides a comprehensive accounting of Storm Drain DIF credits issued, non-CFD (Community Facilities District No. 2003-3) cash reimbursements processed, validated eligible costs, and remaining credit balances through May 31, 2025.

Over the years, the City and Lewis have entered into several storm drain-related agreements, including construction credit and reimbursement agreements, covenant agreements, and project-specific reimbursement agreements. Collectively, these agreements establish the framework for the issuance of Storm Drain DIF credits and reimbursements for eligible regional backbone infrastructure improvements. Eligible improvements include detention basins, Natural Treatment System facilities, regional storm drain lines, drainage channels, underground conveyance systems, and other major storm drainage facilities necessary to serve the ultimate buildout of The Preserve and surrounding benefit areas.

1. Contract No. 2016-118
Phase I - Storm Drain Improvements (Ontario Ranch and The Preserve) This agreement established approximately $36.7 million in Storm Drain DIF-eligible costs associated with Phase I regional backbone improvements within the City of Chino, including the Kimball and Bickmore Natural Treatment System basins, regional storm drain lines, channels, and related facilities. Of this amount, approximately $23.8 million represented the City of Chino’s fair share, while the remaining $12.9 million represented Ontario Ranch’s fair share.

Although the obligations and term of this agreement have been fully satisfied, the agreement is included in this reconciliation because the credits associated with these improvements were reviewed, reconciled, and validated as part of the final comprehensive true-up of Storm Drain DIF-eligible costs and credits.

Agreement Purpose Validated Costs
Contract No. 2016-118 Phase I regional backbone storm
drainage improvements
$23,818,767
Chino’s Fair-Share

2. Validation of Additional Eligible Costs
Contract No. 2024-235 (First Amendment)
Storm Drain Lines F, B, and H
Following completion of the Phase I improvements, Lewis submitted reimbursement requests for eligible regional storm drainage improvements associated with portions of Lines F, B, and H, which formed the basis of Contract No. 2024-235. Line F was constructed in phases, and supporting documentation was submitted incrementally as construction progressed. Through the City's review and validation process, approximately $4.18 million in additional eligible costs associated with Line F have been determined to be Storm Drain DIF eligible. 456
CITY COUNCIL MEETING DATE: JUNE 16, 2026
TITLE: APPROVE THE CONSOLIDATION, AMENDMENT, AND RECONCILIATION OF LEWIS

COMPANIES CONSTRUCTION CREDIT REIMBURSEMENT AGREEMENTS FOR STORM DRAIN DEVELOPMENT IMPACT FEES (DIF).

PAGE: 4
As a result, the validated eligible costs under Contract No. 2024-235 increase from approximately $6.49 million to $10.67 million. Accordingly, as part of this reconciliation, Contract No. 2024-235 must be amended to incorporate the additional validated costs, establishing a revised total eligible reimbursement and credit amount not to exceed $10,669,969.97.

Agreement Purpose Validated Costs
Contract No. 2024-235 Additional improvements including Lines F, B & H
$10,669,969.97
amended total
Project Specific Agreements
In 2019, the City adopted a formal policy governing DIF credits and reimbursements. Consistent with the policy and Chapter 3.45 of the Chino Municipal Code, developers are required to enter into a reimbursement and credit agreement with the City prior to receiving DIF credits. As a result, all DIF-eligible improvements constructed after 2019 have been addressed through project-specific agreements on a tract-by-tract basis.

Subsequent project-specific Storm Drain DIF agreements were executed to address regional drainage improvements supporting later phases of The Preserve development, including Town Center and Blocks 3A, 9, and 11. These agreements established the framework for the issuance of Storm Drain DIF credits associated with eligible regional infrastructure improvements.

Agreement Purpose Eligible Costs
Contract No. 2022-163
Tract Map No. 16420-3
Drainage improvements supporting
Town Center
$5,937,004 estimated;
$2,870,322.68 validated
Contract No. 2023-249
Tract Map No. 16420-4
Drainage improvements supporting
Block 9 $1,106,149 estimated
Contract No. 2024-277
Tract Map No. 16420-5
Drainage improvements supporting
Block 3A $547,869 estimated
Contract No. 2026-209
Tract Map No. 16420-6
Drainage improvements supporting
Block 11 $1,450,979 estimated
The credits associated with these agreements are currently based on estimated construction costs, as summarized in the table above. A portion of the costs associated with Contract No. 2022-163 have been submitted, reviewed, and validated by the City and are included in the validated credit amount discussed in the Issues and Analysis section below. However, the remaining costs have not yet been submitted for final review and validation. Accordingly, the estimated credit amounts remain subject to adjustment pending completion of the City's review and validation process.

3. Covenant Agreement Reconciliation
457
CITY COUNCIL MEETING DATE: JUNE 16, 2026
TITLE: APPROVE THE CONSOLIDATION, AMENDMENT, AND RECONCILIATION OF LEWIS

COMPANIES CONSTRUCTION CREDIT REIMBURSEMENT AGREEMENTS FOR STORM DRAIN DEVELOPMENT IMPACT FEES (DIF).

PAGE: 5
As part of staff’s broader reconciliation of Preserve-related Storm Drain DIF obligations, staff also reviewed previously executed Covenant Agreements associated with prepaid DIF obligations for certain residential developments along Pine Avenue within The Preserve.

These agreements were established to support the ultimate design and construction of Pine Avenue, including the associated wet utility improvements. Lewis was originally conditioned to construct Pine Avenue from Euclid Avenue to Johnson Avenue as part of the development obligations for Tract Map No. 20161. However, that requirement was subsequently removed through an approved development modification, and responsibility for design and construction of the project was assumed by the City.

As a result, Lewis was required to prepay the applicable Storm Drain DIF to ensure funding would be available for the City to construct the ultimate Pine Avenue improvements. These improvements include raising the roadway profile through the construction of embankments on both the north and south sides of Pine Avenue, installation of storm drainage facilities, and improvements to the Euclid Avenue/Pine Avenue intersection designed to enhance traffic operations, improve safety, and reduce congestion.

The prepaid DIF was collected through building permits associated with the Van Vliet development, generally located north of Pine Avenue, south of Bickmore Avenue, west of Rincon Meadows Avenue, and east of Mayhew Avenue, as well as the Block 4 development located at the southwest corner of Hellman Avenue and Market Street. Collectively, these developments generated $3.0 million in prepaid Storm Drain DIF.

Because the developer prepaid the DIF, they are entitled to corresponding DIF credits in accordance with the terms of the Covenant Agreements.

As part of this reconciliation effort, staff, in coordination with its consultant, David Taussig & Associates, Inc. (DTA) conducted a comprehensive review of all Storm Drain DIF credits issued through May 31, 2025. The purpose of this review was to confirm that the appropriate fees were assessed and that all associated prepaid balances were properly applied.

Based on this analysis, staff identified the need to true-up the remaining prepaid fee balances to ensure that the City’s records accurately reflect the final reconciled credit amounts. Specifically, the proposed amendment acknowledges and reconciles the status of the following agreements:
 Covenant Agreement for Prepayment of Storm Drain DIF related to Tract Map No. 20161 (Van Vliet), dated July 21, 2020; and
 Covenant Agreement for Prepayment of Storm Drain DIF related to Tract Map No. 20164 (Block 4), dated July 21, 2020.

The reconciliation confirms that:
 No remaining credit balance exists under the Block 4 Covenant Agreement; and  A balance of $55,816.80 Storm Drain DIF credits remain under the Tract 20161 Covenant Agreement, which will be applied toward the remaining 32 residential units within that tract moving into the future.
458
CITY COUNCIL MEETING DATE: JUNE 16, 2026
TITLE: APPROVE THE CONSOLIDATION, AMENDMENT, AND RECONCILIATION OF LEWIS

COMPANIES CONSTRUCTION CREDIT REIMBURSEMENT AGREEMENTS FOR STORM DRAIN DEVELOPMENT IMPACT FEES (DIF).

PAGE: 6
This reconciliation does not create any new credit or reimbursement obligation. Rather, it formally documents the remaining prepaid balance held under the existing agreements and confirms the amount to be applied to future building permits.

ISSUES/ANALYSIS
Through the reconciliation of the various credit, reimbursement, and covenant agreements, City staff and DTA conducted a comprehensive review of historical fee application records to verify that DIFs across all fee categories were assessed using the appropriate land use classifications and fee schedules in effect at the time each fee was paid, credited, or reimbursed. This effort represents the final true-up of historical Storm Drain DIF activity associated with The Preserve, and no further retroactive reviews are anticipated.

The reconciliation provides a consolidated accounting of validated costs, credits issued, reimbursements processed, and remaining credit balances associated with regional backbone storm drainage improvements. As summarized below, the City has validated approximately $37.36 million in Storm Drain DIF-eligible costs under the following agreements:

Agreement Costs
Contract No. 2016-118 (Phase I – Preserve) $23,818,767.00 Contract No. 2024-235 (Lines F, B, & H) $10,669,969.97
Contract No. 2022-163 (Town Center Costs) $ 2,870,322.68 Total Validated Costs $37,359,059.65
Of the approximately $37.36 million in validated Storm Drain DIF costs, approximately $25.75 million has been applied as Storm Drain DIF credits toward Preserve development activity, approximately $8.84 million has been reimbursed in cash pursuant to applicable agreements, and approximately $2.78 million remains available for future eligible credit utilization or reimbursement.

Description Amount
Total Validated Costs $37,359,060
Less: Credits Issued ($25,747,185)
Less: Cash Reimbursements ($8,835,557)
Remaining Credits $2,776,318
The remaining available credit balance excludes any improvements associated with the aforementioned project-specific agreements for Town Center, Block 9, Block 3A, and Block 11, that have not yet been completed, reconciled, or approved by the City. These agreements collectively contain approximately $9.04 million in estimated future Storm Drain DIF-eligible costs. Of this amount, approximately $2.87 million has already been validated and incorporated into the reconciliation above, leaving approximately $6.17 million in estimated future credits 459
CITY COUNCIL MEETING DATE: JUNE 16, 2026
TITLE: APPROVE THE CONSOLIDATION, AMENDMENT, AND RECONCILIATION OF LEWIS

COMPANIES CONSTRUCTION CREDIT REIMBURSEMENT AGREEMENTS FOR STORM DRAIN DEVELOPMENT IMPACT FEES (DIF).

PAGE: 7
subject to completion of eligible improvements, submission of supporting documentation, and City approval.

Agreement Improvement Area Estimated Additional Credits Contract No. 2022-163 Town Center (Tract 16420-3) $5,937,004.00 Contract No. 2023-249 Block 9 Independence $1,106,149.00 Contract No. 2024-277 Block 3A $547,869.00
Contract No. 2026-209 Block 11 $1,450,979.00
Total Estimated Costs $9,042,001.00
Less: Validated Costs ($2,870,322.68)
Remaining Credits $6,171,678.32
Lastly, staff confirmed that no prepaid balance remains under the Block 4 covenant agreement and identified an estimated remaining prepaid balance of $55,816.80 associated with Tract 20161. Consistent with the terms of the applicable covenant agreement, this balance will be applied toward the final 32 residential units within the tract.

Approval of the proposed amendment and reconciliation will establish a comprehensive and updated accounting of Storm Drain DIF obligations, credits, and reimbursements; improve longterm program transparency and tracking; satisfy reconciliation requirements contained within the applicable agreements; and support ongoing administration of the Storm Drain DIF Program as the City proceeds with the upcoming Development Impact Fee Nexus Study Update.

Attachment: Exhibit A – First Amendment to Construction Credit/Reimbursement Agreement for The Preserve Storm Drain Contract No. 2024-235 & DIF Credit Reconciliation Through May 31, 2025.
460
Contract Nos.:

Approved:

STORM DRAIN DIF CREDIT RECONCILIATION THROUGH MAY 31, 2025 FOR THE FOLLOWING AGREEMENTS:

1. CONTRACT NO 2016-118 (Phase I - The Preserve)

2. CONTRACT NO. 2024-235 (Line F, Line B, & Line H)

3. CONTRACT NO. 2022-163 (Town Center Tract Map No. 16420-3)

4. CONTRACT NO. 2023-249 (Block 9 Independence Tract Map No. 16420-4)

5. CONTRACT NO. 2024-277 (Block 3A Tract Map No. 16420-4)

6. CONTRACT NO. 2026-209 (Block 11 Tract Map No. 16420) AND

FIRST AMENDMENT TO CONSTRUCTION CREDIT AND REIMBURSEMENT AGREEMENT FOR THE PRESERVE STORM DRAIN (CONTRACT NO. 2024-235)
THIS STORM DRAIN DIF CREDIT RECONCILIATION (“Reconciliation”) and FIRST

AMENDMENT TO CONSTRUCTION CREDIT AND REIMBURSEMENT AGREEMENT FOR THE PRESERVE STORM DRAIN (CONTRACT NO. 2024-235) (“Amendment”) is made and entered into this 16TH day of June, 2026 (“Reconciliation Date”), by and between the CITY OF CHINO, a California municipal corporation (“City”) and CHINO DEVELOPMENT CORPORATION, a California corporation and CHINO PRESERVE DEVELOPMENT CORPORATION, a California Corporation (collectively, “Developer”). City and Developer are sometimes hereinafter referred to individually as "Party" and jointly as "Parties". All capitalized terms used and not defined herein, shall have that definition ascribed to it in the Agreement (defined below).

RECITALS
WHEREAS, City and Developer entered into: (i) that certain Contact No. 2016-118 on June 16, 2015 (the “2016-118 Storm Drain DIF Agreement”) and (ii) that certain Contract No. 2024-235 dated April 2, 2024 (the “2024-235 Storm Drain DIF Agreement”) (collectively the “2016/2024 Storm Drain DIF Agreements”) whereby the City agreed to reimburse Developer for the design and construction of various public sewer improvements required within The Preserve Specific Plan by the Preserve Development Agreement No. 2004-073 which improvements are described in the 2016/2024 Storm Drain DIF Agreements.

WHEREAS, Developer has completed additional work under 2024-235 Storm Drain DIF Agreement required in connection with the design and construction of the Line F Storm Drain (the “Line F Facilities”) as identified In Exhibit 1 attached hereto. For the purposes of this Reconciliation all of those storm drain improvements described in the 2016/2024 Storm Drain DIF Agreements and the Line 461
F Facilities are collectively referred to as the “2016/2024 Storm Drain DIF Improvements”. All of the 2016/2024 Storm Drain DIF Improvements have been completed and accepted by the City for which Storm Drain DIF Credits in the total amount of $34,488,736.97 were provided to Developer under the 2016/2024 Storm Drain DIF Agreements as identified in Exhibit 2 attached hereto.

WHEREAS, City and Developer subsequently entered into the following additional contracts for the design and construction of additional public storm drain improvements required within The Preserve Specific Plan by the Preserve Development Agreement No. 2004-073 for the Developer Properties covered by these additional contracts (the “Additional Storm Drain DIF Agreements”):
 CONTRACT NO. 2022-163 (Town Center Tr 16420-3)
 CONTRACT NO. 2023-249 (Block 9 Independence Tr 16420-4)  CONTRACT NO. 2024-277 (Block 3A Tr 16420-4)
 CONTRACT BLOCK 11 -TRACT 16420
WHEREAS, the storm drain improvements required under the Additional Storm Drain DIF Agreements (the “Additional Storm Drain DIF Improvements”) have not yet been completed and accepted by the City (except for $2,870,322.68 of those Additional Storm Drain DIF Improvements under Contract No.2022-163 (Town Center Tr 16420-3)). Storm Drain DIF Credits in the total amount of the costs for those Additional Storm Drain DIF Improvements when approved by the City will be provided to Developer under the Additional Storm Drain DIF Agreements; the total current estimated costs of those Additional Storm Drain DIF Improvements is $9,042,001.00 which is identified in Exhibit 4 attached hereto of which $2,870,322.68 in actual costs from Contract No. 2022-163 have been submitted to the City as identified in Exhibit 2 attached hereto
WHEREAS, pursuant to Section 4 of the 2024-235 Storm Drain DIF Agreement, City and Developer met for the purpose of ascertaining the total amount Credits to the Storm Drain DIFs that have been issued by City to the Developer after the Effective Dates of the 2016/2024 Storm Drain DIF Agreements and the Additional Storm Drain DIF Agreements for Developer's Properties, the amount of any cash reimbursements made to Developer, and the remaining amount of the Storm Drain DIFs held by the City through and including May 31, 2025.

TERMS
NOW, THEREFORE, the Parties agree as follows:

1. AMENDMENT AND RECONCILIATION.
(a) Amendment to 2024-235 Storm Drain DIF Agreement/ Line F Facilities. Developer has completed additional work under the 2024-235 Storm Drain DIF Agreement required in connection with the design and construction of the Line F Storm Drain (the “Line F Facilities”) as identified In Exhibit 1 attached hereto at the additional DIF Costs of $4,184,847.86. The 2024-235 Storm Drain DIF Agreement is amended to include the Line F Facilities and amended to increase the Total DIF Costs under the 2024-235 Storm Drain DIF Agreement of the Project from $6,485,122.11 to $10,669,969.97 as set forth in Exhibit 2 attached hereto. 462
(b) Storm Drain DIF Credit and Reimbursement Reconciliation. As identified in Exhibit 2 of this Reconciliation, the total Storm Drain DIF Credits provided to Developer under the 2016/2024 Storm Drain DIF Agreements (including the Line F Facilities and the Additional Contract No. 2022-163 (Town Center Tr 16420-3) submitted costs) was $37,359,059.65 and $25,747,184.71 of those Storm Drain DIF Credits have been used for all of those Developer Properties listed on Exhibit 3 attached hereto. No DIF Credits will be awarded under the Additional Storm Drain DIF Agreements (except $2,870,322.68 of those Additional Storm Drain DIF Improvements under Additional Contract No. 2022-163 previously submitted to the City), until the Additional Storm Drain DIF Improvements required by the Additional Storm Drain DIF Agreements are completed and accepted by the City. Developer has received a total of $ $8,835,556.64 in cash reimbursements under the 2016/2024 Storm Drain DIF Agreements. The Current Storm Drain DIF Credit and Reimbursement Amount through May 31, 2025 is $ 2,776,318.30 as identified in Exhibit 2 (the “Current Credit Balance”). The Current Credit Balance does not include (i) the balance of the Storm Drain DIF Credits to be awarded under the Additional Storm Drain DIF Agreements, estimated to be $9,042,001 (less the $2,870,322.68 in DIF Credits already awarded under Additional Contract No. 2022-163), as set forth in Exhibit 4 attached or (ii) $55,816.80 in remaining pre-paid cash for the final 32 units in Tract 20161 as set forth in Section 1(c) below.
(c) COVENANT AGREEMENT RECONCILIATION. City and Developer are also parties to:
(1) that certain Covenant Agreement for Prepayment of Development Impact Fees for Tract 20161 dated July 21, 2020 (the “Tract 20161 Covenant Agreement”), and (2) that certain Covenant Agreement for Prepayment of Development Impact Fees Credits for approved the Developer's application for PL 18-0012 (Master Site Approval) and PLI 8- 0013, -0014, -0015, -0016, -0017, -0097 and -0098 (Tentative Tract Map Nos. 20164,20165, 20166, 20167, 20168, 20248 and 20249) dated July 21, 2020 (the “Block 4 Covenant Agreement”) (together the “Covenant Agreements”). Capitalized terms used in this Section 1 (c) are as defined in the Covenant Agreements. Developer has pre-paid Cash Amounts for the Storm Drain DIF for all of the dwelling units required by the Covenant Agreements. The Parties agree that there are no Cash Amounts for Storm Drain DIF remaining under the Block 4 Covenant Agreement and that there is only $55,816.80 of Cash Amounts for Storm Drain DIF remaining under the Tract 20161 Covenant Agreement (“Remaining Tract 20161 Storm Drain Cash Amount”). The City hereby agrees to apply the Remaining Tract 20161 Storm Drain Cash Amount for Storm Drain DIF for the remaining 32 units in Tract 20161.
(d) Updated DIF Credit Addendum. Exhibit 3 of the 2024-235 Storm Drain DIF Agreement is hereby deleted and replaced with the updated Exhibit 5 attached hereto.

2. WARRANTY RE ABSENCE OF DEFAULTS. Developer represents and warrants to City that, as of the Reconciliation Date, Developer is not in default of any material term of the 2016/2024 Storm Drain DIF Agreements or the Additional Storm Drain DIF Agreements (collectively, the “Agreements”), and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreements by Developer.

3. COUNTERPARTS. This Reconciliation and Amendment may be executed in multiple identical counterparts, each of which shall be deemed an original, but all of which together will constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
463
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed as of the day and year first above written.

DEVELOPER CITY
CHINO DEVELOPMENT CORPORATION, a
California corporation
CITY OF CHINO, a municipal corporation
_________________________________
Bryan Goodman
Its: ____________________
_________________________________
Linda Reich
City Manager

CHINO PRESERVE DEVELOPMENT
CORPORATION, a California corporation
ATTEST:
_________________________________
Bryan Goodman
Its: ____________________
_________________________________
Natalie Gonzaga
City Clerk
APPROVED AS TO CONTENT:
_________________________________
Hye Jin Lee
Director of Public Works
APPROVED AS TO FORM:
_________________________________
Fred Galante
City Attorney
WBF:aa Z:\Legal\PROJECT DEV - CALIFORNIA\Chino - The Preserve G2182\DIF Fees\1DIF Storm Drain Recociliation and Amendment\Drafts (11-20-.25) v1.docx
464
EXHIBIT 1
Additional Storm Drainage Improvements Contract #2024-235 Line F Storm Drain $ 4,184,847.86
Total Additional Storm Drain Costs
to be added to Contract #2024-235 $ 4,184,847.86
465
EXHIBIT 2
Storm Drain DIF Credit Summary
CONTRACT NOS 2016-118, 2024-235, 2022-163 (Town Center Tr 16420-3), 2023-249 (Block 9 Independence Tr 16420-4), 2024-277 (Block 3A Tr 16420-4), BLOCK 11 -TRACT 16420 Summary of Storm Drainage DIF Construction Credits and Cash Reimbursements Thru 5/31/25 Contracts Total Chino Preserve SD DIF Credits
2016-118 $ 23,818,767.00 $ 23,818,767.00
2016-118 A1 Ontario Regional Storm Drain (reimbursed by Ontario) $ 12,956,885.00 $ - $ 36,775,652.00 $ 23,818,767.00 $ 23,818,767.00
2024-235 $ 6,485,122.11 $ 6,485,122.11
Additional Storm Drain DIF Improvements $ 4,184,847.86 $ 4,184,847.86 Subtotal Additional Storm Drain DIF Improvements $ 10,669,969.97 $ 10,669,969.97 Storm Drain DIF Construction Credits Approved $ 34,488,736.97 $ 34,488,736.97 Additional Contract 2022-162-DIF submitted costs (Exhibit 4) $ 2,870,322.68 $ 2,870,322.68 Total Storm Drain DIF Credits Awarded (thru 5/31/25) $ 37,359,059.65 $ 37,359,059.65 DIF Credits used to 5/31/25 (See Exhibit 3) ($25,747,184.71) ($25,747,184.71) Cash Reimbursements Received FY 2019-2023 ($8,835,556.64) ($8,835,556.64) Curent Balance of Storm Drain DIF Credits (as of 5/31/25) $2,776,318.30 $2,776,318.30 Additional Contracts Improvements Estimates (See Exh 4) 2023-249- Block 9 Tr 16420-4 $ 1,106,149.00
2024-277 Block 3A Tr 16420-5 $ 547,869.00
Block 11 -Tr 16420-6 $ 1,450,979.00
$ 3,104,997.00 $ 3,104,997.00
Total Chino Storm Drain DIF Approved and Estimates $ 40,464,056.65 $ 40,464,056.65 (additional $3,104,997 in DIF Credits available when costs approved by City) Note: $2,776,318.30 does not include Tr 20161 Prepaid cash for last 32 units equal to $55,816.80 (See Exhibit 3)
466
EXHIBIT 3
List of Preserve Projects Where Storm Drain DIFs Used Through May 31, 2025 467
Tract Builder Project Density Total Units Total Amount
16420.1 LMC HCP Maintenance Bldg SqFt- (16,298.10)
HCP Pool Bldg SqFt- (6,961.50)
HCP Rec Center Bldg SqFt- (94,032.28)
Homecoming- Ph 1 HDR 152 (560,728.00)
Homecoming- Ph 2 HDR 189 (697,221.00)
Homecoming- Ph 3 HDR 458 (1,689,562.00)
16420.3 LMC Town Center - Chipotle SqFt- (9,618.76)
Town Center - Panera SqFt- (14,107.26)
Town Center - Retail 2 SqFt- (58,267.89)
Town Center - Retail 3A SqFt- (25,358.56)
Town Center - Retail 3B SqFt- (30,904.96)
Town Center - Retail 4 SqFt- (27,532.98)
Town Center - Retail 5 SqFt- (30,753.00)
Town Center - Retail 6 SqFt- (46,639.64)
Town Center - Retail 7 SqFt- (13,024.80)
Town Center - Retail 8 SqFt- (13,024.80)
Town Center - Stater Bros SqFt- (166,822.36)
16420.6 LMC Club on Main - A3 Hall SqFt- (8,097.94)
Club on Main - B-Office SqFt- (14,163.25)
16519 John Laing Secret Garden MDR 84 (361,101.00)
16520 Lennar Garden Glen I LDR 51 (331,782.00)
16521 K. Hovnanian Ten Bloom Road MDR 69 (289,616.00)
16522 Centex Canterburry Grove I LDR 48 (312,742.00)
16523 Shea Iris LDR 61 (390,408.00)
17148 Standard Pacific Hidden Hollow MDR 81 (380,746.00) 17149 Standard Pacific Shady Lane MDR 60 (281,060.00)
17150 Shea Enchanted Forest LDR 55 (375,320.00)
17266 Pardee Candlewood LDR 64 (462,593.00)
17357 KB Evergreen MDR 58 (250,788.00)
17390 Brookfield Mulberry - Casita MDR 126 (566,061.00) 17514 Centex Citrus Commons HDR 118 (422,558.00)
17515 Centex Agave MDR 104 (449,844.00)
17571 Western National Affordable Apartments HDR 250 (973,000.00) 17574 Cal Atlantic Amelia (stark) MDR 110 (548,240.00)
17610 Centex Canterburry Grove II LDR 48 (327,552.00)
17611 KB Cantana MDR 21 (92,967.00)
17612 KB Ariatta MDR 42 (185,934.00)
17613 Lennar Garden Glen II LDR 51 (348,024.00)
17616 Shea Tetherwind MDR 162 (729,162.00)
17635 Woodside Homes Palisades LDR 79 (587,209.00)
18479 Richmond American Harvest Lot 10 & 12 - Pineberry LDR 68 (534,992.00) 18693 KB Lynbrook MDR 114 (504,678.00)
18778 K. Hovnanian Sonata MDR 65 (287,755.00)
18890 William Lyon Laurel Lane (Deboer) MDR 70 (345,142.00) 19749 7 Eleven Mill Creek - Gas Station SqFt- (10,861.10) Boos Development Mill Creek - Jiffy Lube SqFt- (14,091.67) DL Pine Mill Creek - Car Wash SqFt- (17,752.52)
19935 Richmond American Harvest Lot 11 - Vineyard LDR 73 (572,743.00) Harvest North Rec Ctr SqFt- (9,640.18)
Harvest South Rec Ctr SqFt- (11,038.25)
19936 Woodside Homes Harvest Lot 4 - Sunrise Harvest LDR 56 (422,912.00) 19946 Lennar Harvest Lot 1 - Olive Grove MDR 30 (149,520.00) 19947 Richmond American Harvest Lot 2 - Heirloom MDR 42 (209,328.00) 19948 Lennar Harvest Lot 3 - Olive Grove MDR 27 (134,568.00) 19949 Lennar Harvest Lot 5 - Autumn Field MDR 82 (408,688.00) 19950 Richmond American Harvest Lot 6 - Heirloom MDR 62 (309,008.00) 19951 Lennar Harvest Lots 7 & 9 - Summerfield MDRD 93 (403,248.00) 19952 Lennar Harvest Lot 8 - Olive Grove II MDRD 57 (247,152.00) 19953 Richmond American Harvest Lot 10 & 12 - Pineberry LDR 10 (77,446.00) 19980 LMC Homecoming- Ph 4 HDR 454 (1,885,916.00)
20102 TriPointe Lot 14/15 - Hazel HDR20 133 (525,259.00) 20102.1 TriPointe Lot 14/15 - Ivy HDR20 113 (448,163.00) Lot 14/15 - Ivy II AG Buffer HDR20 21 (84,567.00)
20165 Century PA 5 Greenway LDR 79 (376,308.60)
20166 KB Home PA 4 Driftstone LDR 69 (328,674.60)
20167 Lennar Voyage PA1 LDR 60 (285,804.00)
20168 Richmond American Parklin PA2&3 LDR 68 (323,911.20) 20170 Richmond American PA-3 Liberty - Gardenside MDRD 80 (211,392.00) 20171 TriPointe PA-2/8/9 Bungalow - Delia MDRA 123 (307,967.40) 20172 Pulte PA-4 - Monarch MDRD 76 (200,822.40)
20173 Beazer PA-6/7 Zinnia MDRA 143 (358,043.40)
20231 Lennar Lot 11 - Morning Sun HDR20 106 (426,862.00) 20232 William Lyon Lot 11 - Verbena HDR20 70 (281,890.00) 20248 Lennar Voyage PA6&7 LDR 56 (266,750.40)
20249 Richmond American Parklin PA8&9 LDR 56 (266,750.40) 20270 Richmond American PA-5 Liberty - Gardenside MDRD 36 (95,126.40) 20326 LMC Homecoming- Ph 5 HDR20 184 (740,968.00)
20380 LMC Independence Preserve HDR20 208 (885,456.00)
Independence Preserve - Office SqFt- (5,965.76)
Independence Preserve - Pool SqFt- (1,149.35)
20446 TruMark Block 3A 55x100 LDR 31 (260,152.00)
20446.1 Century Block 3A 50x100 LDR 38 (318,896.00)
Totals 5,594 (25,747,184.71)
Total Thru 05/31/2025
468
Includes all Units and Commercial square footage to 5/31/25 some of the units and commercial are included in Contracts 2022-163, 2023-249, 2024-277 and Tr 16420-6
Note-Credits are reduced to account for cash prepayments Total Storm Drain DIF Credits used to 5/31/25 5,594 25,747,184.71 per Covenant Agreements for Tr 20161 & 20164 to 5/31/25 $ 2,014,367.20 Cash Storm Drain DIF Prepayments used to 5/31/25 2,014,367.20 Balance Remaining Covenant Agreement
Tr 20161 Prepaid Cash Storm Drain DIF for last 32 units $ 55,816.80 Total Cash Storm Drain DIF Prepayments $ 2,070,184.00
Total Credits & Cash Prepayments to 5/31/25 Total Storm Drain DIF Credits & Cash Prepayments to 5/31/25 27,761,551.91 469
EXHIBIT 4
Storm Drain DIF Credit Summary (Estimates)
Additional Storm Drain DIF Agreements
Storm Drain Additional DIF Contracts
Additional DIF Contacts DIF Estimated Storm Drain Costs Submitted-Actual Costs #2022-163 Town Center Tr 16420-3 $ 5,937,004.00 $ 2,870,322.68 #2023-249- Block 9 Independence Tr 16420-4 $ 1,106,149.00 $ - #2024-277 Block 3A Tr 16420-4 $ 547,869.00 $ -
Block 11 -Tr 16420 $ 1,450,979.00 $ -
Total Estimated Sewer DIF Improvements
In Contracts $ 9,042,001.00 $ 2,870,322.68
These costs will be validated with construction
cost submittals when approved will generate
additional Storm Drain DIF credits
470
EXHIBIT 5

DIF CREDIT ADDENDUM
ADDENDUM NO. 1
(Assignment of Credit)
❖ DIF Credit and Reimbursement Summary:

Total Credit Amount Total Credits Applied/Cash
Reimbursement
Balance
Circulation DIF $ 37,359,059.65 ($34,582,741.35) $ 2,776,318.30 Balance Credits Assigned Balance Forward
Assigned DIF Credit $
Chino Preserve Development Corporation is hereby transferring DIF Credit in the amount of $_____________________ to:
❖ Assignee: __________________________________
❖ Credit Transfer Amount $_______________
❖ Remaining Credit: $_______________
"Any transfer or assignment of credits or reimbursement rights acknowledged in this Addendum shall be made in accordance with City procedures, on a form approved by and acknowledged by the City. All parties to this Addendum agree that City will have no obligation to recognize or honor an assignment or transfer that does not comply with the terms of this Addendum."
471

MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT
CITY COUNCIL MEETING DATE: JUNE 16, 2026
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER

SUBJECT
..titl e
Fiscal Year 2026-2027 Budget Adoption.
..end

RECOMMENDATION
..recommendation
1) Adopt Resolution No. 2026-039, approving the Fiscal Year (FY) 2026-27 Proposed Budget and 5-Year Capital Improvement Program; 2) adopt Resolution No. 2026-040, approving the Appropriations Limit for Fiscal Year 2026-27; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.
..body

FISCAL IMPACT
Refer to the FY 2026-27 Proposed Budget document (Attachment 1).

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Financial Stability
 Responsible Long-Range Planning
472
CITY COUNCIL MEETING DATE: JUNE 16, 2026
TITLE: FISCAL YEAR 2026-2027 BUDGET ADOPTION.

PAGE: 2

BACKGROUND
On June 2, 2026, the City Council held a Budget Workshop where staff presented an in-depth review of the FY 2026-27 Proposed Budget. The budget review will continue on June 16, 2026, presenting any modifications made to the budget and a final recap of the Proposed Budget for FY 2026-27.

ISSUES/ANALYSIS
During the Budget Workshop on June 2, 2026, staff informed the City Council that revisions to the Development Impact Fee (DIF) revenue projections were necessary to avoid overstating anticipated revenues. The original estimate of $20,052,689 reflected projected development activity for the year; however, after applying $16,492,441 in anticipated developer credits and adjusted interest earnings, the revised revenue projection for DIF is $3,560,248. These adjustments are summarized in the table below.

Estimated Revenue Adjustments
Carryover for Incomplete and Ongoing Projects
As of June 30, 2026, many multiyear projects are expected to remain incomplete, and the unused budget for those projects will be carried into the next fiscal year. The budget includes an estimated $126,421,484 in carryover funding for ongoing project work, all of which will be supported by available fund balance rather than the FY 2026-27, operating budget. The carryover process returns unused appropriations to fund balance at year-end, making those resources available again in the following year so capital and operational projects can continue without interruption. As part of the year-end closeout, and once all current-year invoices have been processed, staff will roll forward the actual remaining project balances into FY 2026-27, to ensure seamless continuation of work without requiring additional Council action.

Appropriations (GANN) Limit
Article XIII-B of the State Constitution (as amended by Proposition 111) requires the City to adopt an annual limit on the appropriation of tax proceeds, which defines the amount of tax revenues the City can allocate in a given year. For FY 2026-27, the City’s appropriations limit has been calculated in accordance with State guidelines. This calculation was made by using Fund No. Fund Name
Original
Proposed
Revenue
Increase
(Decrease)
Revised
Proposed
Revenue
260 Traffic Impact Fee Fund $5,364,097 ($4,228,531) $1,135,566 261 Drainage Impact Fee Fund $4,850,973 ($4,288,204) $562,769 262 Park Development Fee Fund $1,940,831 ($1,679,108) $261,723 263 Public Facilities Impact Fee Fund $4,523,567 ($3,852,131) $671,436 265 Fire Facilities Impact Fee Fund $2,463,124 ($1,819,144) $643,980 266 Police Facilities Impact Fee Fund $910,097 ($625,323) $284,774 Total $20,052,689 ($16,492,441) $3,560,248
Development Impact Fee (DIF) Revenue Adjustments
473
CITY COUNCIL MEETING DATE: JUNE 16, 2026
TITLE: FISCAL YEAR 2026-2027 BUDGET ADOPTION.

PAGE: 3
the Per Capita Personal Income change at 4.95% and the City’s annual population change of .42%, which is in accordance with the provisions of Article XIII-B of the State Constitution.

The appropriations limit for FY 2026-27, for the City of Chino is $3,983,521,495.78. Tax revenue budgeted for this fiscal year that is subject to the appropriations limit is $120,555,758.40, which places the FY 2026-27, City budget $3,862,965.737.38 under the limit.

The difference represents the amount of tax revenue that the City could appropriate if the revenue is available. Resolution No. 2026-040 sets the City’s Appropriations Limit (Gann Limit) for FY 2026-27.

Tonight, staff is pleased to present the FY 2026-27 Budget for City Council's consideration.

Attachments:

1. FY 2026-27 Budget

2. Budget Resolution No. 2026-039

3. GANN Limit Resolution No. 2026-040
474
FY2026-27
Adopted
Budget
Budget Adoption
June 16, 2026
475
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476

CITY OF CHINO

MEMORANDUM
DATE: June 2, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Linda Reich, City Manager
Kim Sao, Director of Finance
SUBJECT: FY 2026-27 Proposed Budget & 5-Year Capital Improvement Program (CIP) Budget We are pleased to present the FY 2026-27, Proposed Operating and Capital Improvement Project Budget. Included with the budget is a 5-Year Capital Improvement Plan. This document is the product of many staff members working collaboratively to align resources that are consistent with the City Council’s priorities, while continuing to maintain fiscal responsibility. In the development of the City Council’s budget, our team incorporated our organizational values, teamwork, and collaboration on tough decisions while focusing on the improvement of the community we serve.

At the June 2, budget workshop, staff will present an overview of the FY 2026-27, Proposed Budget, including a breakdown of revenues, expenditures, and presentations from each department. The City Council will have the opportunity to review and discuss the proposed budget, ask questions, and consider public input. This workshop will guide any necessary modifications to the Proposed Budget in preparation for its formal adoption, scheduled for the regular City Council meeting on June 16, 2026.

GENERAL FUND BUDGET OVERVIEW
For Fiscal Year 2026-27, the proposed General Fund budget totals $150,543,851 comprising $144,602,218 for operating expenditures, $2,100,193 for capital projects, and $3,841,440 in transfers out to other funds. Additionally, $8,535,255 in prior-year capital improvement project appropriations have been carried forward, resulting in a total budget of $159,079,106.

On the revenue side, the General Fund is projected to receive $145,407,005 in operating revenues, along with $6,157,056 transfers in from other funds, bringing total available resources to $151,564,061. As a result, the budget anticipates a surplus of $1,020,210 at June 30, 2027.

Due to the additional revenue generated by the Measure V sales tax, which took effect on July 1, Estimated Estimated
Fund Balance Revenues & Expenditures Net Inc/ Fund Balance General Fund 7/1/2026 Transfers In Trans Out/CIP (Decrease) 6/30/2027 Unassigned/Available 18,310,065 151,564,061 150,543,851 1,020,210 19,330,275 Assigned for CIP (CA) 8,535,255 8,535,255 (8,535,255) - Operating Reserve 20,000,000 - - 20,000,000
Non-Spendable 3,618,229 - - - 3,618,229
Ending Fund Balance $ 50,463,549 $ 151,564,061 $ 159,079,106 $ (7,515,045) $ 42,948,504 FY 2026-27 Budget

ADMINISTRATION

DEPARTMENT
Revised Copy - Updated 6/15/2026 at 2:00 p.m.
477
2024, the City has been able to maintain services and balance the General Fund budget for the last two fiscal years. However, in FY 2026-27, rising costs in salaries, benefits, and new ongoing operating costs, including one‑time CIP funding, required the City to use Internal Service Fund reserves to help balance the General Fund budget. As a result, the General Fund budget reflects a projected surplus of $1,020,210 for FY 2026‑27 to allow flexibility in unforeseen activities that often occur during the fiscal year.

During the budget process, staff conducted a comprehensive review of expenditures to identify potential cost savings and ensure that grant funding is fully utilized before relying on the General Fund. This approach reinforces the City’s commitment to conservative budgeting and ensuring financial resources are allocated efficiently to maintain long-term fiscal sustainability.

Additionally, City staff carefully reviewed operating expenditures to ensure that ongoing costs are supported by ongoing revenues rather than one‑time sources, a practice that is essential to maintaining long‑term financial stability.

Employee Position Updates
For Fiscal Year 2026-27, the Proposed Budget includes nine of the seventeen new positions that were previously approved by the City Council on February 3, 2026, as well as one part-time position pending Council approval. The estimated cost for these positions total $1,069,510 to the General Fund and $698,854 to other funds, reflecting salaries and benefits adjusted for a 3% cost of living (COLA) adjustment and increased benefit costs. These staffing changes represent necessary adjustments to maintain operational efficiency and support service delivery.

Integration of Community Services and Other Funds into the General Fund Funding General Other FY 2026-27
Department New Positions Status Fund Funds Budget
Approved February 3, 2026 for Recruitment Pending Available Funding Admin 1 Deputy Director of Technology and Innovation Funded 64,238 $ $ 192,713 256,950$ Admin 2 Economic Development Analyst Funded 163,583 163,583 Admin 3 Deputy City Clerk Funded 159,333 159,333
Finance 4 Payroll Technician Funded 128,853 128,853
PD 5 Captain Funded 363,095 363,095
DS 6 Housing Manager Funded 177,017 177,017
PW 7 Associate Engineer Funded 131,599 56,399 187,998
CSPR 8 Project Coordinator Funded 163,708 163,708
CSPR 9 Facilities Maintenance Technician Funded 109,017 109,017 CSPR 10 CSPR Specialist (Ayala Part-Time) Unfunded -
DS 11 Housing Program Coordinator Unfunded -
DS 12 Housing Technician Unfunded -
DS 13 Accessibility Specialist Unfunded -
PW 14 Wastewater Maintenance Worker Unfunded -
PW 15 Assistant Engineer-Reclass of Construction Project Coord. Unfunded - PW 16 Streets Maintenance Worker Unfunded -
PW 17 Student Intern (Part-Time) 20 hrs @ 28.30 Unfunded - Pending Approval
PD 18 Public Safety Dispatcher II (PT) Funded 58,810 58,810 Estimated Total Salaries and Benefits $1,069,510 $698,854 $1,768,364 Revised Copy - Updated 6/15/2026 at 2:00 p.m.
478
Beginning in FY 2026-27, the City will transition Community Services Fund (330), the Landscape and Lighting Fund (360), and the Transportation Maintenance Fund (320) from the Special Revenue Fund category to the General Fund. Historically, these funds required significant annual General Fund transfers to offset operating shortfalls. Moving these programs into the General Fund eliminates the need for these recurring transfers and aligns the departments with standard budgeting practices applied to other General Fund operations. This structural change improves transparency by presenting the full cost of General Fund services within a single fund and enhances accounting efficiency by reducing interfund activities. As a result, FY 2026-27 transfers out from General Funds are significantly reduced.

General Fund Balance Summary
The table below summarizes the General Fund balance from June 30, 2024, through June 30, 2027. The FY 2025‑26 estimated ending balance of $50.5 million represents a $10.3 million increase from the $40.2 million balance in the prior year. This growth is driven by several factors:
the June 30, 2025, beginning balance was higher than projected, revenues are expected to exceed estimates, actual expenditures are estimated to end below budget, and savings resulted from multiyear projects that were not yet completed. Additionally, because the City adopts a one‑year budget, it assumes multiyear projects will be completed in FY 2026‑27, even though actual completion may extend beyond that timeframe. Accordingly, the fund balance is projected to decrease to approximately $43 million by June 30, 2027, assuming all CIP projects are completed that year.

OTHER FUNDS
Special Revenue Funds
Special Revenue Funds are designated to account for revenues that are legally restricted for specific purposes. Unlike the General Fund, which supports a broad range of municipal functions, Special Revenue Funds are used exclusively for defined programs or services. These funds often rely on dedicated revenue sources such as grants, taxes, or fees that must be used for their intended purpose.

For Fiscal Year 2026-27, total Special Revenue expenditures, including transfers out and capital 6/30/2024 6/30/2025 6/30/2026 6/30/2027
FY2023-24 FY2024-25 FY2025-26 FY2026-27
General Fund Balance Audited Audited Estimated Estimated Unassigned 30,151,505 6,865,171 18,310,065 19,330,275
Assigned (CIP) - 9,721,797 8,535,255 -
Committed - 20,000,000 20,000,000 20,000,000
Non-Spendable 2,305,413 3,618,229 3,618,229 3,618,229
Ending Fund Balance $ 32,456,918 $ 40,205,197 $ 50,463,549 $ 42,948,504 Revised Copy - Updated 6/15/2026 at 2:00 p.m.
479
projects, amount to $39,853,193, while total revenue and transfers in total $84,159,527. Transfers In of $11.5 million come from the City’s General Fund to support transportation services ($8.1M), park funds ($1.7M), landscape and lighting ($722K), and Assessment District ($961K). This financial commitment reflects the City's ongoing effort to sustain critical public services while balancing funding needs across various programs.

Enterprise Funds
For Fiscal Year 2026-27, the Enterprise Fund budget includes expenditures, capital projects, and transfers out totaling $92,210,971, with revenues and transfers in totaling $115,637,870. The revenue figure includes a new one-time $25 million Emerging Contaminants grant and $2 million Norma Torres grant, both earmarked for the State Street Water Treatment project. After accounting for all activity, the Enterprise Funds reflect a surplus of $23,426,900.

The City’s Enterprise Funds support essential utility services, including water, sanitary sewer, storm drain, and sanitation (Waste Management), ensuring reliable service for residents and businesses. These services are funded through monthly utility rates charged to customers to cover both operational costs and capital improvements, while sanitation utility rates are designed to cover operational costs only.

To maintain the long-term financial sustainability of these utility services, the City is conducting a comprehensive rate study and anticipates its completion by the end of FY 2026-27. This analysis is critical to ensure that utility rates remain sufficient to cover rising operational expenses, infrastructure maintenance, and future capital investment needs. By evaluating revenue adequacy, cost recovery, and rate structures, the study will provide a transparent and equitable framework for setting rates that support high-quality service while minimizing financial strain on ratepayers.

The City is committed to maintaining and improving the infrastructure necessary to deliver utility services efficiently. As of FY 2026-27, $85 million has been appropriated for water capital improvements to enhance system reliability, address aging infrastructure, and support long-term sustainability. Additionally, $3 million has been dedicated for sewer projects, $6.6 million for storm drain, and $4 million for alley improvements with utility components.

Internal Service Funds
The City’s Internal Service Funds are used to allocate costs for centralized services across various departments, ensuring that each department contributes proportionally based on the services it receives. The City's Internal Service Funds include Central Services, Liability Insurance, Employee Benefits, Building Management, and the Equipment Management Fund.

These funds are replenished annually to cover operational expenses, equipment replacement, and provide financial stability for unexpected costs.

For FY 2026-27, expenditures and transfers out total $69,342,197, while revenues and transfers in total $67,676,261, resulting in a shortfall of $1,665,937. This shortfall reflects the intentional under-allocation of Internal Service Fund charges to reduce the impact on the General Fund for Revised Copy - Updated 6/15/2026 at 2:00 p.m.
480
the year. The difference will be covered by the available reserves in each respective fund.

As of June 30, 2027, the Internal Service Funds are projected to have a combined total fund balance of approximately $7.4 million. City staff will continue to evaluate these funds to ensure they maintain an adequate balance to meet long-term financial needs while supporting essential municipal operations.

Conclusion
The FY 2026-27 Proposed Budget reflects the City’s commitment to fiscal responsibility, sustainable financial planning, and continued investment in essential services. Through prudent budgeting practices, strategic resource allocation, and a focus on long-term financial stability, the City ensures the efficient delivery of services while maintaining accountability and transparency.

Staff will incorporate any revisions directed by the City Council and finalize the budget for adoption at the regular City Council meeting on June 16, 2026.

Revised Copy - Updated 6/15/2026 at 2:00 p.m.
481

 



 


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