This Master Services and Purchasing Agreement (“Agreement”) is between Axon Enterprise, Inc., a Delaware corporation (“Axon”), and the City of Delano, listed on the Quote as Delano Police Dept. -CA and referred to as “Agency” in this agreement. This Agreement is effective as of the later of the (a) last signature date on this Agreement or (b) signature date on the Quote (“Effective Date”). Axon and Agency are each a “Party” and collectively “Parties”. This Agreement governs Agency’s purchase and use of the Axon Devices and Services detailed in the Quote Appendix (“Quote”). It is the intent of the Parties that this Agreement act as a master agreement governing all subsequent purchases by Agency for the same Axon Devices and Services in the Quote, and all such subsequent quotes accepted by Agency shall be also incorporated into this Agreement by reference as a Quote. The Parties agree as follows:
1. Definitions.
1.1 “Axon Cloud Services” means Axon’s web services for Axon Evidence, Axon Records, Axon Dispatch, and interactions between Axon Evidence and Axon Devices or Axon client software. Axon Cloud Service excludes third-party applications, hardware warranties, and my.evidence.com.
1.2 “Axon Device” means all hardware provided by Axon under this Agreement.
1.3 “Quote” means an offer to sell and is only valid for devices and services on the quote at the specified prices. Any terms within Agency’s purchase order in response to a Quote will be void. Orders are subject to prior credit approval. Changes in the deployment estimated ship date may change charges in the Quote. Shipping dates are estimates only. Axon is not responsible for typographical errors in any offer by Axon, and Axon reserves the right to cancel any orders resulting from such errors.
1.4 “Services” means all services provided by Axon under this Agreement, including software, Axon Cloud Services, and professional services.
2. Term. This Agreement begins on the Effective Date and continues until all subscriptions hereunder have expired or have been terminated (“Term”).
2.1 All subscriptions including Axon Evidence, Axon Fleet, Officer Safety Plans, Technology Assurance Plans, and TASER 7 plans begin on the date stated in the Quote. Each subscription term ends upon completion of the subscription stated in the Quote (“Subscription Term”).
2.2 Upon completion of the Subscription Term, the Subscription Term will renew upon Axon’s receipt of a signed Quote or Axon receives and accepts a purchase order, for an additional 5 years (“Renewal Term”). For purchase of TASER 7 as a standalone, Axon may increase pricing to its then-current list pricing for any Renewal Term. For all other purchases, Axon may increase pricing on all line items in the Quote up to 3% at the beginning of each year of the Renewal Term. New devices and services may require additional terms. Axon will not authorize services until Axon receives a signed Quote or accepts a purchase order, whichever is first.
3. Payment. Axon invoices upon shipment, or on the date specified within the invoicing plan in the Quote. Payment is due net 30 days from the invoice date. Payment obligations are non-cancelable.
Unless otherwise prohibited by law, Agency will pay interest on all past-due sums at the lower of one-and-a-half percent (1.5%) per month or the highest rate allowed by law. Agency will pay invoices without setoff, deduction, or withholding. If Axon sends a past due account to collections, Agency is responsible for collection and attorneys’ fees. The total price under this Agreement shall not exceed a value of $545,956.00.
AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
4. Taxes. Agency is responsible for sales and other taxes associated with the order unless Agency provides Axon a valid tax exemption certificate.
5. Shipping. Axon may make partial shipments and ship Axon Devices from multiple locations. All shipments are EXW (Incoterms 2020) via common carrier. Title and risk of loss pass to Agency upon Axon’s delivery to the common carrier. Agency is responsible for any shipping charges in the Quote.
6. Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law.
7. Warranty.
7.1 Limited Warranty; Disclaimer. Axon warrants that Axon-manufactured Devices are free from defects in workmanship and materials for 1 year from the date of Agency’s receipt, except Signal Sidearm and Axon-manufactured accessories, which Axon warrants for 30 months and 90 days, respectively, from the date of Agency’s receipt. Used conducted energy weapon (“CEW”) cartridges are deemed to have operated properly. Extended warranties run from the expiration of the 1-year hardware warranty through the extended warranty term. All software and Axon Cloud Services, are provided “AS IS,” without any warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and noninfringement. Axon Devices, software, and services that are not manufactured, published or performed by Axon (“Third-Party Products”) are not covered by Axon’s warranty and are only subject to the warranties of the third-party provider or manufacturer.
7.2 Claims. If Axon receives a valid warranty claim for an Axon-manufactured Device during the warranty term, Axon’s sole responsibility is to repair or replace the Axon-manufactured Device with the same or like Axon-manufactured Device, at Axon’s option. A replacement Axon-manufactured Device will be new or like new. Axon will warrant the replacement Axon-manufactured Device for the longer of (a) the remaining warranty of the original Axon Manufactured Device or (b) 90-days from the date of repair or replacement.
7.2.1 If Agency exchanges a device or part, the replacement item becomes Agency’s property, and the replaced item becomes Axon’s property. Before delivering an Axon-manufactured Device for service, Agency must upload Axon-manufactured Device data to Axon Evidence or download it and retain a copy. Axon is not responsible for any loss of software, data, or other information contained in storage media or any part of the Axon-manufactured Device sent to Axon for service.
7.3 Spare Axon Devices. At Axon’s reasonable discretion, Axon may provide Agency a predetermined number of spare Axon Devices as detailed in the Quote (“Spare Axon Devices”). Spare Axon Devices are intended to replace broken or non-functioning units while Agency submits the broken or non-functioning units, through Axon’s warranty return process. Axon will repair or replace the unit with a replacement Axon Device. Title and risk of loss for all Spare Axon Devices shall pass to Agency in accordance with shipping terms under Section 5. Axon assumes no liability or obligation in the e/vent Agency does not utilize Spare Axon Devices for the intended purpose.
7.4 Limitations. Axon’s warranty excludes damage related to: (a) failure to follow Axon Device use instructions; (b) Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or intentional damage to Axon Device; (d) force majeure; (e) Axon Devices repaired or modified by persons other than Axon without Axon’s written permission; or (f) Axon Devices with a defaced or removed serial number. Axon’s warranty will be void if Agency resells Axon Devices.
AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
7.4.1 To the extent permitted by law, the above warranties and remedies are exclusive.
Axon disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties are limited to the duration of the warranty described above and by the provisions in this Agreement.
7.4.2 Axon’s cumulative liability to any Party for any loss or damage resulting from any claim, demand, or action arising out of or relating to any Axon Device or Service will not exceed the purchase price paid to Axon for the Axon Device, or if for Services, the amount paid for such Services over the 12 months preceding the claim. Neither Party will be liable for direct, special, indirect, incidental, punitive or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort or any other legal theory.
7.5 Online Support Platforms. Use of Axon’s online support platforms (e.g., Axon Academy and MyAxon) is governed by the Axon Online Support Platforms Terms of Use Appendix available at www.axon.com/sales-terms-and-conditions.
7.6 Third-Party Software and Services. Use of software or services other than those provided by Axon is governed by the terms, if any, entered into between Agency and the respective third-party provider, including, without limitation, the terms applicable to such software or services located at www.axon.com/sales-terms-and-conditions, if any.
7.7 Axon Aid. Upon mutual agreement between Axon and Agency, Axon may provide certain products and services to Agency, as a charitable donation under the Axon Aid program. In such event, Agency expressly waives and releases any and all claims, now known or hereafter known, against Axon, and its officers, directors, employees, agents, contractors, affiliates, successors, and assigns (collectively, “Releasees”), including but not limited to, on account of injury, death, property damage, or loss of data, arising out of or attributable to the Axon Aid program whether arising out of the negligence of Axon or any Releasees or otherwise. Agency agrees not to make or bring any such claim against Axon or any other Releasee, and forever release and discharge Axon and all other Releasees from liability under such claims. Agency expressly allows Axon to publicly announce its participation in Axon Aid and use its name in marketing materials. Axon may terminate the Axon Aid program without cause immediately upon notice to the Agency.
8. Statement of Work. Certain Axon Devices and Services, including Axon Interview Room, Axon Channel Services, and Axon Fleet, may require a Statement of Work that details Axon’s Service deliverables (“SOW”). In the event Axon provides an SOW to Agency, Axon is only responsible to perform Services described in the SOW. Additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. The SOW is incorporated into this Agreement by reference.
9. Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings.
10. Design Changes. Axon may make design changes to any Axon Device or Service without notifying Agency or making the same change to Axon Devices and Services previously purchased by Agency.
11. Bundled Offerings. Some offerings in bundled offerings may not be generally available at the time of Agency’s purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to a delay of availability or Agency’s election not to utilize any portion of an Axon bundle.
AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
12. Insurance. Axon will maintain General Liability, Workers’ Compensation, and Automobile Liability insurance. Upon request, Axon will supply certificates of insurance. Prior to Axon providing any devices or services under this Agreement it will furnish to the Agency copies of its General Liability, Workers’ Compensation, and Automobile Liability insurance to ensure it meets Agency’s requirements.
13. IP Rights. Axon owns and reserves all right, title, and interest in Axon-manufactured Devices and Services and suggestions to Axon, including all related intellectual property rights. Agency will not cause any Axon proprietary rights to be violated.
14. IP Indemnification. Axon will indemnify Agency Indemnitees against all claims, losses, and reasonable expenses from any third-party claim alleging that the use of Axon-manufactured Devices or Services infringes or misappropriates the third-party’s intellectual property rights.
Agency must promptly provide Axon with written notice of such claim, tender to Axon the defense or settlement of such claim at Axon’s expense and cooperate fully with Axon in the defense or settlement of such claim. Axon’s IP indemnification obligations do not apply to claims based on (a) modification of Axon-manufactured Devices or Services by Agency or a third-party not approved by Axon; (b) use of Axon-manufactured Devices and Services in combination with hardware or services not approved by Axon; (c) use of Axon Devices and Services other than as permitted in this Agreement; or (d) use of Axon software that is not the most current release provided by Axon.
15. Agency Responsibilities. Agency is responsible for (a) Agency’s use of Axon Devices; (b) breach of this Agreement or violation of applicable law by Agency or an Agency end user; and (c) a dispute between Agency and a third-party over Agency’s use of Axon Devices.
16. Termination.
16.1 For Breach. A Party may terminate this Agreement for cause if it provides 30 days written notice of the breach to the other Party, and the breach remains uncured at the end of 30 days. If Agency terminates this Agreement due to Axon’s uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination.
16.2 By Agency. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Agency may terminate this Agreement. Agency will deliver notice of termination under this section as soon as reasonably practicable. Agency may also terminate this Agreement for any reason upon 30 days written notice.
16.3 Effect of Termination. Upon termination of this Agreement, Agency rights immediately terminate. Agency remains responsible for all fees incurred before the effective date of termination. If Agency purchases Axon Devices for less than the manufacturer’s suggested retail price (“MSRP”) and this Agreement terminates before the end of the Term, Axon will invoice Agency the difference between the MSRP for Axon Devices received, including any Spare Axon Devices, and amounts paid towards those Axon Devices. Only if terminating for non-appropriation, Agency may return Axon Devices to Axon within 30 days of termination. MSRP is the standalone price of the individual Axon Device at the time of sale.
For bundled Axon Devices, MSRP is the standalone price of all individual components.
17. Confidentiality. “Confidential Information” means nonpublic information designated as confidential or, given the nature of the information or circumstances surrounding disclosure, should reasonably be understood to be confidential. Each Party will take reasonable measures to avoid disclosure, dissemination, or unauthorized use of the other Party’s Confidential Information. Unless required by law, neither Party will disclose the other Party’s Confidential Information during the Term and for 5 years thereafter. To the extent permissible by law, Axon pricing is Confidential Information and competition sensitive. If Agency receives a public records request to disclose Axon Confidential Information, to the extent allowed by law, Agency will provide notice to Axon before disclosure. Axon may publicly announce information related to this Agreement.
AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
18. General.
18.1 Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party’s reasonable control.
18.2 Independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties.
18.3 Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement.
18.4 Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law.
18.5 Export Compliance. Each Party will comply with all import and export control laws and regulations.
18.6 Assignment. Neither Party may assign this Agreement without the other Party’s prior written consent. Axon may assign this Agreement, its rights, or obligations without consent:
(a) to an affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets. This Agreement is binding upon the Parties respective successors and assigns.
18.7 Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right.
18.8 Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect.
18.9 Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, IP Rights, and Agency Responsibilities.
18.10 Governing Law. The laws of the state where Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it.
The United Nations Convention for the International Sale of Goods does not apply to this Agreement.
18.11 Notices. All notices must be in English. Notices posted on Agency’s Axon Evidence site are effective upon posting. Notices by email are effective on the sent date of the email.
Notices by personal delivery are effective immediately. Notices to Agency shall be sent to the contact on the Quote. Notice to Axon shall be sent to:
Axon: Axon Enterprise, Inc.
Attn: Legal
17800 N. 85th Street
Scottsdale, Arizona 85255
[email protected]
18.12 Entire Agreement. This Agreement, including the Appendices and any SOW(s), represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties.
AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
Axon Cloud Services Terms of Use Appendix
1. Definitions.
1.1 “Agency Content” is data uploaded into, ingested by, or created in Axon Cloud Services within Agency’s tenant, including media or multimedia uploaded into Axon Cloud Services by Agency. Agency Content includes Evidence but excludes Non-Content Data.
1.2 “Evidence” is media or multimedia uploaded into Axon Evidence as ‘evidence’ by an Agency. Evidence is a subset of Agency Content.
1.3 “Non-Content Data” is data, configuration, and usage information about Agency’s Axon Cloud Services tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non-Content Data includes data about users captured during account management and customer support activities. Non-Content Data does not include Agency Content.
1.4 “Personal Data” means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
2. Access. Upon Axon granting Agency a subscription to Axon Cloud Services, Agency may access and use Axon Cloud Services to store and manage Agency Content. Agency may not exceed more end users than the Quote specifies. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence Lite, Agency may access and use Axon Evidence only to store and manage TASER CEW and TASER CAM data (“TASER Data”). Agency may not upload nonTASER Data to Axon Evidence Lite.
3. Agency Owns Agency Content. Agency controls and owns all right, title, and interest in Agency Content. Except as outlined herein, Axon obtains no interest in Agency Content, and Agency Content is not Axon’s business records. Agency is solely responsible for uploading, sharing, managing, and deleting Agency Content. Axon will only have access to Agency Content for the limited purposes set forth herein. Agency agrees to allow Axon access to Agency Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of the Axon products.
4. Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program to protect Axon Cloud Services and Agency Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum.
5. Agency Responsibilities. Agency is responsible for (a) ensuring Agency owns Agency Content; (b) ensuring no Agency Content or Agency end user’s use of Agency Content or Axon Cloud Services violates this Agreement or applicable laws; and (c) maintaining necessary computer equipment and Internet connections for use of Axon Cloud Services. If Agency becomes aware of any violation of this Agreement by an end user, Agency will immediately terminate that end user’s access to Axon Cloud Services.
5.1 Agency will also maintain the security of end usernames and passwords and security and access by end users to Agency Content. Agency is responsible for ensuring the AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
configuration and utilization of Axon Cloud Services meet applicable Agency regulation and standards. Agency may not sell, transfer, or sublicense access to any other entity or person. Agency shall contact Axon immediately if an unauthorized party may be using Agency’s account or Agency Content, or if account information is lost or stolen.
5.2 To the extent Agency uses the Axon Cloud Services to interact with YouTube®, such use may be governed by the YouTube Terms of Service, available at https://www.youtube.com/static?template=terms.
6. Privacy. Agency’s use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current version of which is available at https://www.axon.com/legal/cloud-servicesprivacy-policy. Agency agrees to allow Axon access to Non-Content Data from Agency to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products and related services; and (c) enforce this Agreement or policies governing the use of Axon products.
7. Axon Body 3 Wi-Fi Positioning. Axon Body 3 cameras offer a feature to enhance location services where GPS/GNSS signals may not be available, for instance, within buildings or underground. Agency administrators can manage their choice to use this service within the administrative features of Axon Cloud Services. If Agency chooses to use this service, Axon must also enable the usage of the feature for Agency’s Axon Cloud Services tenant. Agency will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for Agency’s Axon Cloud Services tenant. When Wi-Fi Positioning is enabled by both Axon and Agency, Non-Content and Personal Data will be sent to Skyhook Holdings, Inc. (“Skyhook”) to facilitate the Wi-Fi Positioning functionality. Data controlled by Skyhook is outside the scope of the Axon Cloud Services Privacy Policy and is subject to the Skyhook Services Privacy Policy.
8. Storage. For Axon Unlimited Device Storage subscriptions, Agency may store unlimited data in Agency’s Axon Evidence account only if data originates from Axon Capture or the applicable Axon Device. Axon may charge Agency additional fees for exceeding purchased storage amounts. Axon may place Agency Content that Agency has not viewed or accessed for 6 months into archival storage. Agency Content in archival storage will not have immediate availability and may take up to 24 hours to access.
9. Location of Storage. Axon may transfer Agency Content to third-party subcontractors for storage.
Axon will determine the locations of data centers for storage of Agency Content. For United States agencies, Axon will ensure all Agency Content stored in Axon Cloud Services remains within the United States. Ownership of Agency Content remains with Agency.
10. Suspension. Axon may temporarily suspend Agency’s or any end user’s right to access or use any portion or all of Axon Cloud Services immediately upon notice, if Agency or end user’s use of or registration for Axon Cloud Services may (a) pose a security risk to Axon Cloud Services or any third-party; (b) adversely impact Axon Cloud Services , the systems, or content of any other customer; (c) subject Axon, Axon’s affiliates, or any third-party to liability; or (d) be fraudulent.
Agency remains responsible for all fees incurred through suspension. Axon will not delete Agency Content because of suspension, except as specified in this Agreement.
11. Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors before Agency uploads data to Axon Cloud Services.
12. Axon Records. Axon Records is the software-as-a-service product that is generally available at the time Agency purchases an OSP 7 bundle. During Agency’s Axon Records Subscription Term, if any, Agency will be entitled to receive Axon’s Update and Upgrade releases on an if-and-when available basis.
AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
12.1 The Axon Records Subscription Term will end upon the competition of the Axon Records Subscription as documented in the Quote, or if purchased as part of an OSP 7 bundle, upon competition of the OSP 7 Term (“Axon Records Subscription”)
12.2 An “Update” is a generally available release of Axon Records that Axon makes available from time to time. An “Upgrade” includes (i) new versions of Axon Records that enhance features and functionality, as solely determined by Axon; and/or (ii) new versions of Axon Records that provide additional features or perform additional functions. Upgrades exclude new products that Axon introduces and markets as distinct products or applications.
12.3 New or additional Axon products and applications, as well as any Axon professional services needed to configure Axon Records, are not included. If Agency purchases Axon Records as part of a bundled offering, the Axon Record subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Records to Agency.
12.4 Users of Axon Records at the agency may upload files to entities (incidents, reports, cases, etc) in Axon Records with no limit to the number of files and amount of storage.
Notwithstanding the foregoing, Axon may limit usage should the Agency exceed an average rate of 100 GB per user per year of uploaded files. Axon will not bill for overages.
13. Axon Cloud Services Restrictions. Agency and Agency end users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to:
13.1 copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services;
13.2 reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive any source code included in Axon Cloud Services, or allow others to do the same;
13.3 access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas;
13.4 use trade secret information contained in Axon Cloud Services, except as expressly permitted in this Agreement;
13.5 access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services;
13.6 remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within Axon Cloud Services; or
13.7 use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious material; to store or transmit material in violation of third-party privacy rights; or to store or transmit malicious code.
14. After Termination. Axon will not delete Agency Content for 90 days following termination. There will be no functionality of Axon Cloud Services during these 90 days other than the ability to retrieve Agency Content. Agency will not incur additional fees if Agency downloads Agency Content from Axon Cloud Services during this time. Axon has no obligation to maintain or provide Agency Content after these 90-days and will thereafter, unless legally prohibited, delete all Agency Content.
Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Agency Content from Axon Cloud Services.
AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
15. Post-Termination Assistance. Axon will provide Agency with the same post-termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Agency Content, including requests for Axon’s data egress service, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system.
16. U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Cloud Services on behalf of a U.S. Federal department, Axon Cloud Services is provided as a “commercial item,” “commercial computer software,” “commercial computer software documentation,” and “technical data”, as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Agency is using Axon Cloud Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, Agency will immediately discontinue use of Axon Cloud Services.
17. Survival. Upon any termination of this Agreement, the following sections in this Appendix will survive: Agency Owns Agency Content, Privacy, Storage, Axon Cloud Services Warranty, and Axon Cloud Services Restrictions.
AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
Professional Services Appendix
If any of the Professional Services specified below are included on the Quote, this Appendix applies.
1. Utilization of Services. Agency must use professional services as outlined in the Quote and this Appendix within 6 months of the Effective Date.
2. Axon Full Service (Axon Full Service). Axon Full Service includes advance remote project planning and configuration support and up to 4 consecutive days of on-site service and a professional services manager to work with Agency to assess Agency’s deployment and determine which on-site services are appropriate. If Agency requires more than 4 consecutive on-site days, Agency must purchase additional days. Axon Full Service options include:
System set up and configuration
• Instructor-led setup of Axon View on smartphones (if applicable) • Configure categories and custom roles based on Agency need • Register cameras to Agency domain
• Troubleshoot IT issues with Axon Evidence and Axon Dock (“Dock”) access • One on-site session included
Dock configuration
• Work with Agency to decide the ideal location of Docks and set configurations on Dock • Authenticate Dock with Axon Evidence using admin credentials from Agency • On-site assistance, not to include physical mounting of docks Best practice implementation planning session
• Provide considerations for the establishment of video policy and system operations best practices based on Axon’s observations with other agencies • Discuss the importance of entering metadata in the field for organization purposes and other best practice for digital data management
• Provide referrals of other agencies using the Axon camera devices and Axon Evidence • Recommend rollout plan based on review of shift schedules System Admin and troubleshooting training sessions
Step-by-step explanation and assistance for Agency’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon instructor training (Train the Trainer)
Training for Agency’s in-house instructors who can support Agency’s Axon camera and Axon Evidence training needs after Axon has fulfilled its contractual on-site obligations Evidence sharing training
Tailored workflow instruction for Investigative Units on sharing Cases and Evidence with local prosecuting agencies
End user go-live training and support sessions
• Assistance with device set up and configuration
• Training on device use, Axon Evidence, and Evidence Sync Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide
Post go-live review
3. Body-Worn Camera Starter Service (Axon Starter). Axon Starter includes advance remote project planning and configuration support and one day of on-site Services and a professional services manager to work closely with Agency to assess Agency’s deployment and determine which Services are appropriate. If Agency requires more than 1 day of on-site Services, Agency must purchase additional on-site Services. The Axon Starter options include:
AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
System set up and configuration (Remote Support)
• Instructor-led setup of Axon View on smartphones (if applicable) • Configure categories & custom roles based on Agency need • Troubleshoot IT issues with Axon Evidence and Axon Dock (“Dock”) access /Dock configuration
• Work with Agency to decide the ideal location of Dock setup and set configurations on Dock • Authenticate Dock with Axon Evidence using “Administrator” credentials from Agency • Does not include physical mounting of docks
Axon instructor training (Train the Trainer)
Training for Agency’s in-house instructors who can support Agency’s Axon camera and Axon Evidence training needs after Axon’s has fulfilled its contracted on-site obligations End user go-live training and support sessions
• Assistance with device set up and configuration
• Training on device use, Axon Evidence, and Evidence Sync Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide
4. Body-Worn Camera Virtual 1-Day Service (Axon Virtual). Axon Virtual includes all items in the BWC Starter Service Package, except one day of on-site services.
5. CEW Services Packages. CEW Services Packages are detailed below:
System set up and configuration
• Configure Axon Evidence categories & custom roles based on Agency need. • Troubleshoot IT issues with Axon Evidence.
• Register users and assign roles in Axon Evidence.
• For the CEW Full Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included Dedicated Project Manager
Assignment of specific Axon representative for all aspects of planning the rollout (Project Manager).
Ideally, Project Manager will be assigned to Agency 4–6 weeks before rollout Best practice implementation planning session to include:
• Provide considerations for the establishment of CEW policy and system operations best practices based on Axon’s observations with other agencies • Discuss the importance of entering metadata and best practices for digital data management • Provide referrals to other agencies using TASER CEWs and Axon Evidence • For the CEW Full Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included System Admin and troubleshooting training sessions
On-site sessions providing a step-by-step explanation and assistance for Agency’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon Evidence Instructor training
• Provide training on the Axon Evidence to educate instructors who can support Agency’s subsequent Axon Evidence training needs.
• For the CEW Full Service Package: Training for up to 3 individuals at Agency • For the CEW Starter Package: Training for up to 1 individual at Agency TASER CEW inspection and device assignment
Axon’s on-site professional services team will perform functions check on all new TASER CEW Smart weapons and assign them to a user on Axon Evidence.
AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
Post go-live review
For the CEW Full Service Package: On-site assistance included.
For the CEW Starter Package: Virtual assistance included.
6. Smart Weapon Transition Service. The Smart Weapon Transition Service includes:
Archival of CEW Firing Logs
Axon’s on-site professional services team will upload CEW firing logs to Axon Evidence from all TASER CEW Smart Weapons that Agency is replacing with newer Smart Weapon models.
Return of Old Weapons
Axon’s on-site professional service team will ship all old weapons back to Axon’s headquarters. Axon will provide Agency with a Certificate of Destruction
*Note: CEW Full Service packages for TASER 7 include Smart Weapon Transition Service instead of 1- Day Device Specific Instructor Course.
7. Signal Sidearm Installation Service. If Agency purchases Signal Sidearm Installation Service, Axon will provide one day of on-site Services and one professional services manager and will cover the installation of up 100 Signal Sidearm devices per package purchased. Agency is responsible for providing an appropriate work area and ensuring all holsters that will have Signal Sidearm installed onto them are available on the agreed-upon installation date(s). Installation includes:
Removal of existing connection screws that affix a holster to a holster mount Proper placement of the Signal Sidearm Mounting Plate between the holster and the mount Reattachment of the holster to the mount using appropriate screws Functional testing of Signal Sidearm device
8. Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote and this Appendix. Any additional professional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule.
9. Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays. Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Agency travel time by Axon personnel to Agency premises as work hours.
10. Access Computer Systems to Perform Services. Agency authorizes Axon to access relevant Agency computers and networks, solely for performing the Services. Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial itemized list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency.
11. Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Axon Devices (“User Documentation”). User Documentation will include all required environmental specifications for the professional Services and Axon Devices to operate per the Axon Device User Documentation. Before installation of Axon Devices (whether performed by Agency or Axon), Agency must prepare the location(s) where Axon Devices are to be installed (“Installation Site”) per the environmental specifications in the Axon Device User Documentation.
Following installation, Agency must maintain the Installation Site per the environmental specifications. If Axon modifies Axon Device User Documentation for any Axon Devices under this Agreement, Axon will provide the update to Agency when Axon generally releases it
12. Acceptance. When Axon completes professional Services, Axon will present an acceptance form (“Acceptance Form”) to Agency. Agency will sign the Acceptance Form acknowledging AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
completion. If Agency reasonably believes Axon did not complete the professional Services in substantial conformance with this Agreement, Agency must notify Axon in writing of the specific reasons for rejection within 7 calendar days from delivery of the Acceptance Form. Axon will address the issues and re-present the Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification of reasons for rejection within 7 calendar days of delivery of the Acceptance Form, Axon will deem Agency to have accepted the professional Services.
13. Agency Network. For work performed by Axon transiting or making use of Agency’s network, Agency is solely responsible for maintenance and functionality of the network. In no event will Axon be liable for loss, damage, or corruption of Agency’s network from any cause.
AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
Technology Assurance Plan Appendix
If Technology Assurance Plan (“TAP”) or a bundle including TAP is on the Quote, this appendix applies.
1. TAP Warranty. The TAP warranty is an extended warranty that starts at the end of the 1-year hardware limited warranty.
2. Officer Safety Plan. If Agency purchases an Officer Safety Plan (“OSP”), Agency will receive the deliverables detailed in the Quote. Agency must accept delivery of the TASER CEW and accessories as soon as available from Axon.
3. OSP 7 Term. OSP 7 begins on the date specified in the Quote (“OSP 7 Term”).
4. TAP BWC Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon will provide Agency a new Axon body-worn camera (“BWC Upgrade”) as scheduled in the Quote.
If Agency purchased TAP Axon will provide a BWC Upgrade that is the same or like Axon Device, at Axon’s option. Axon makes no guarantee the BWC Upgrade will utilize the same accessories or Axon Dock.
5. TAP Dock Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon will provide Agency a new Axon Dock as scheduled in the Quote (“Dock Upgrade”). Accessories associated with any Dock Upgrades are subject to change at Axon discretion. Dock Upgrades will only include a new Axon Dock bay configuration unless a new Axon Dock core is required for BWC compatibility. If Agency originally purchased a single-bay Axon Dock, the Dock Upgrade will be a single-bay Axon Dock model that is the same or like Axon Device, at Axon’s option. If Agency originally purchased a multi-bay Axon Dock, the Dock Upgrade will be a multi-bay Axon Dock that is the same or like Axon Device, at Axon’s option.
6. Upgrade Delay. Axon may ship the BWC and Dock Upgrades as scheduled in the Quote without prior confirmation from Agency unless the Parties agree in writing otherwise at least 90 days in advance. Axon may ship the final BWC and Dock Upgrade as scheduled in the Quote 60 days before the end of the Subscription Term without prior confirmation from Agency.
7. Upgrade Change. If Agency wants to change Axon Device models for the offered BWC or Dock Upgrade, Agency must pay the price difference between the MSRP for the offered BWC or Dock Upgrade and the MSRP for the model desired. If the model Agency desires has an MSRP less than the MSRP of the offered BWC Upgrade or Dock Upgrade, Axon will not provide a refund. The MSRP is the MSRP in effect at the time of the upgrade.
8. Return of Original Axon Device. Within 30 days of receiving a BWC or Dock Upgrade, Agency must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon including serial numbers for the destroyed Axon Devices. If Agency does not return or destroy the Axon Devices, Axon will deactivate the serial numbers for the Axon Devices received by Agency.
9. Termination. If Agency’s payment for TAP, OSP, or Axon Evidence is more than 30 days past due, Axon may terminate TAP or OSP. Once TAP or OSP terminates for any reason:
9.1 TAP and OSP coverage terminate as of the date of termination and no refunds will be given.
9.2 Axon will not and has no obligation to provide the Upgrade Models.
9.3 Agency must make any missed payments due to the termination before Agency may purchase any future TAP or OSP.
AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
TASER 7 Appendix
This TASER 7 Appendix applies to Agency’s TASER 7, OSP 7, or OSP 7 Plus purchase from Axon, if applicable.
1. Duty Cartridge Replenishment Plan. If the Quote includes “Duty Cartridge Replenishment Plan”, Agency must purchase the plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty and those that only use a CEW for training. Agency may not resell cartridges received. Axon will only replace cartridges used in the line of duty.
2. Training. If the Quote includes a training voucher, Agency must use the voucher within 1 year of issuance, or the voucher will be void. Axon will issue Agency a voucher annually beginning on the start of the TASER Subscription Term. The voucher has no cash value. Agency cannot exchange it for another device or service. Unless stated in the Quote, the voucher does not include travel expenses and will be Agency’s responsibility. If the Quote includes Axon Online Training or Virtual Reality Content Empathy Development for Autism/Schizophrenia (collectively, “Training Content”), Agency may access Training Content. Axon will deliver all Training Content electronically.
3. Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period warranty will be for a 5-year term, which includes the hardware manufacturer’s warranty plus the 4-year extended term.
4. Trade-in. If the Quote contains a discount on CEW-related line items, including items related to OSP, then that discount may only be applied as a trade-in credit, and Agency must return used hardware and accessories associated with the discount (“Trade-In Units”) to Axon. Agency must ship batteries via ground shipping. Axon will pay shipping costs of the return. If Axon does not receive Trade-In Units within the timeframe below, Axon will invoice Agency the value of the tradein credit. Agency may not destroy Trade-In Units and receive a trade-in credit.
Agency Size Days to Return from Start Date of TASER 7 Subscription Less than 100 officers 30 days
100 to 499 officers 90 days
500+ officers 180 days
5. TASER 7 Subscription Term. The TASER 7 Subscription Term for a standalone TASER 7 purchase begins on shipment of the TASER 7 hardware. The TASER 7 Subscription Term for OSP 7 begins on the OSP 7 Start date.
6. Access Rights. Upon Axon granting Agency a TASER 7 Axon Evidence subscription, Agency may access and use Axon Evidence for the storage and management of data from TASER 7 CEW devices during the TASER 7 Subscription Term. Agency may not exceed the number of end users than the Quote specifies.
7. Privacy. Axon will not disclose Agency Content or any information about Agency except as compelled by a court or administrative body or required by any law or regulation. Axon will give notice if any disclosure request is received for Agency Content, so Agency may file an objection with the court or administrative body.
8. Termination. If payment for TASER 7 is more than 30 days past due, Axon may terminate Agency’s TASER 7 plan by notifying Agency. Upon termination for any reason, then as of the date of termination:
8.1 TASER 7 extended warranties and access to Training Content will terminate. No refunds will be given.
AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
8.2 Axon will invoice Agency the remaining MSRP for TASER 7 products received before termination. If terminating for non-appropriations, Axon will not invoice Agency if Agency returns the CEW, rechargeable battery, holster, dock, core, training suits, and unused cartridges to Axon within 30 days of the date of termination.
8.3 Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER 7 plan.
AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
Axon Auto-Tagging Appendix
If Auto-Tagging is included on the Quote, this Appendix applies.
1. Scope. Axon Auto-Tagging consists of the development of a module to allow Axon Evidence to interact with Agency’s Computer-Aided Dispatch (“CAD”) or Records Management Systems (“RMS”). This allows end users to auto-populate Axon video meta-data with a case ID, category, and location-based on data maintained in Agency’s CAD or RMS.
2. Support. For thirty days after completing Auto-Tagging Services, Axon will provide up to 5 hours of remote support at no additional charge. Axon will provide free support due to a change in Axon Evidence, so long as long as Agency maintains an Axon Evidence and Auto-Tagging subscription.
Axon will not provide support if a change is required because Agency changes its CAD or RMS.
3. Changes. Axon is only responsible to perform the Services in this Appendix. Any additional Services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule.
4. Agency Responsibilities. Axon’s performance of Auto-Tagging Services requires Agency to:
4.1 Make available relevant systems, including Agency’s current CAD or RMS, for assessment by Axon (including remote access if possible);
4.2 Make required modifications, upgrades or alterations to Agency’s hardware, facilities, systems and networks related to Axon’s performance of Auto-Tagging Services;
4.3 Provide access to the premises where Axon is performing Auto-Tagging Services, subject to Agency safety and security restrictions, and allow Axon to enter and exit the premises with laptops and materials needed to perform Auto-Tagging Services;
4.4 Provide all infrastructure and software information (TCP/IP addresses, node names, network configuration) necessary for Axon to provide Auto-Tagging Services;
4.5 Promptly install and implement any software updates provided by Axon;
4.6 Ensure that all appropriate data backups are performed;
4.7 Provide assistance, participation, and approvals in testing Auto-Tagging Services;
4.8 Provide Axon with remote access to Agency’s Axon Evidence account when required;
4.9 Notify Axon of any network or machine maintenance that may impact the performance of the module at Agency; and
4.10 Ensure reasonable availability of knowledgeable staff and personnel to provide timely, accurate, complete, and up-to-date documentation and information to Axon.
5. Access to Systems. Agency authorizes Axon to access Agency’s relevant computers, network systems, and CAD or RMS solely for performing Auto-Tagging Services. Axon will work diligently to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency.
AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
Axon Fleet Appendix
If Axon Fleet is included on the Quote, this Appendix applies.
1. Agency Responsibilities. Agency must ensure its infrastructure and vehicles adhere to the minimum requirements to operate Axon Fleet 2 or Axon Fleet 3 (collectively, “Axon Fleet”) as established by Axon during the qualifier call and on-site assessment at Agency and in any technical qualifying questions. If Agency’s representations are inaccurate, the Quote is subject to change.
2. Cradlepoint. If Agency purchases Cradlepoint Enterprise Cloud Manager, Agency will comply with Cradlepoint’s end user license agreement. The term of the Cradlepoint license may differ from the Axon Evidence Subscription. If Agency requires Cradlepoint support, Agency will contact Cradlepoint directly.
3. Third-party Installer. Axon will not be liable for the failure of Axon Fleet hardware to operate per specifications if such failure results from installation not performed by, or as directed by Axon.
4. Wireless Offload Server.
4.1 License Grant. Axon grants Agency a non-exclusive, royalty-free, worldwide, perpetual license to use Wireless Offload Server (“WOS”). “Use” means storing, loading, installing, or executing WOS solely for data communication with Axon Devices for the number of licenses purchased. The WOS term begins upon the start of the Axon Evidence Subscription.
4.2 Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative works of WOS; (b) reverse engineer, disassemble, or decompile WOS, apply any process to derive the source code of WOS, or allow others to do so; (c) access or use WOS to avoid incurring fees or exceeding usage limits; (d) copy WOS in whole or part; (e) use trade secret information contained in WOS; (f) resell, rent, loan or sublicense WOS; (g) access WOS to build a competitive device or service or copy any features, functions or graphics of WOS; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within WOS.
4.3 Updates. If Agency purchases WOS maintenance, Axon will make updates and error corrections to WOS (“WOS Updates”) available electronically via the Internet or media as determined by Axon. Agency is responsible for establishing and maintaining adequate Internet access to receive WOS Updates and maintaining computer equipment necessary for use of WOS. The Quote will detail the maintenance term.
4.4 WOS Support. Upon request by Axon, Agency will provide Axon with access to Agency’s store and forward servers solely for troubleshooting and maintenance.
5. Axon Vehicle Software.
5.1 License Grant. Axon grants Agency a non-exclusive, royalty-free, worldwide, perpetual license to use ViewXL or Dashboard (collectively, “Axon Vehicle Software”.) “Use” means storing, loading, installing, or executing Axon Vehicle Software solely for data communication with Axon Devices. The Axon Vehicle Software term begins upon the start of the Axon Evidence Subscription.
5.2 Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative works of Axon Vehicle Software; (b) reverse engineer, disassemble, or decompile Axon Vehicle Software, apply any process to derive the source code of Axon Vehicle Software, or allow others to do so; (c) access or use Axon Vehicle Software to avoid incurring fees AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
or exceeding usage limits; (d) copy Axon Vehicle Software in whole or part; (e) use trade secret information contained in Axon Vehicle Software; (f) resell, rent, loan or sublicense Axon Vehicle Software; (g) access Axon Vehicle Software to build a competitive device or service or copy any features, functions or graphics of Axon Vehicle Software; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Axon Vehicle Software.
6. Acceptance Checklist. If Axon provides services to Agency pursuant to any statement of work in connection with Axon Fleet, within 7 days of the date on which Agency retrieves Agency’s vehicle(s) from the Axon installer, said vehicle having been installed and configured with tested and fully and properly operational in-car hardware and software identified above, Agency will receive a Professional Services Acceptance Checklist to submit to Axon indicating acceptance or denial of said deliverables.
7. Axon Fleet Upgrade. If Agency has no outstanding payment obligations and has purchased the “Fleet Technology Assurance Plan” (Fleet TAP), Axon will provide Agency with the same or like model of Fleet hardware (“Axon Fleet Upgrade”) as schedule on the Quote.
7.1 If Agency would like to change models for the Axon Fleet Upgrade, Agency must pay the difference between the MSRP for the offered Axon Fleet Upgrade and the MSRP for the model desired. The MSRP is the MSRP in effect at the time of the upgrade. Agency is responsible for the removal of previously installed hardware and installation of the Axon Fleet Upgrade.
7.2 Within 30 days of receiving the Axon Fleet Upgrade, Agency must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon, including serial numbers of the destroyed Axon Devices. If Agency does not destroy or return the Axon Devices to Axon, Axon will deactivate the serial numbers for the Axon Devices received by Agency.
8. Axon Fleet Termination. Axon may terminate Agency’s Fleet subscription for non-payment. Upon any termination:
8.1 Axon Fleet subscription coverage terminates, and no refunds will be given.
8.2 Axon will not and has no obligation to provide the Axon Fleet Upgrade.
8.3 Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future Fleet TAP.
AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
Axon Respond Appendix
This Axon Respond Appendix applies to both Axon Respond and Axon Respond Plus, if either is included on the Quote.
1. Axon Respond Subscription Term. If Agency purchases Axon Respond as part of a bundled offering, the Axon Respond subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Respond to Agency. If Agency purchases Axon Respond as a standalone, the Axon Respond subscription begins the later of the (1) date Axon provisions Axon Respond to Agency, or (2) first day of the month following the Effective Date. The Axon Respond subscription term will end upon the completion of the Axon Evidence Subscription associated with Axon Respond.
2. Scope of Axon Respond. The scope of Axon Respond is to assist Agency with real-time situational awareness during critical incidents to improve officer safety, effectiveness, and awareness. In the event Agency uses Axon Respond outside this scope, Axon may initiate goodfaith discussions with Agency on upgrading Agency’s Axon Respond to better meet Agency’s needs.
3. Axon Body 3 LTE Requirements. Axon Respond is only available and usable with an LTE enabled body-worn camera. Axon is not liable if Agency utilizes the LTE device outside of the coverage area or if the LTE carrier is unavailable. LTE coverage is only available in the United States, including any U.S. territories. Axon may utilize a carrier of Axon’s choice to provide LTE service. Axon may change LTE carriers during the Term without Agency’s consent.
4. Axon Fleet 3 LTE Requirements. Axon Respond is only available and usable with a Fleet 3 system configured with LTE modem and service. Agency is responsible for providing LTE service for the modem. Coverage and availability of LTE service is subject to Agency’s LTE carrier.
5. Axon Respond Service Limitations. Agency acknowledges that LTE service is made available only within the operating range of the networks. Service may be temporarily refused, interrupted, or limited because of: (a) facilities limitations; (b) transmission limitations caused by atmospheric, terrain, other natural or artificial conditions adversely affecting transmission, weak batteries, system overcapacity, movement outside a service area or gaps in coverage in a service area and other causes reasonably outside of the carrier’s control such as intentional or negligent acts of third parties that damage or impair the network or disrupt service; or (c) equipment modifications, upgrades, relocations, repairs, and other similar activities necessary for the proper or improved operation of service.
5.1 With regard to Axon Body 3, Partner networks are made available as-is and the carrier makes no warranties or representations as to the availability or quality of roaming service provided by carrier partners, and the carrier will not be liable in any capacity for any errors, outages, or failures of carrier partner networks. Agency expressly understands and agrees that it has no contractual relationship whatsoever with the underlying wireless service provider or its affiliates or contractors and Agency is not a third-party beneficiary of any agreement between Axon and the underlying carrier.
6. Termination. Upon termination of this Agreement, or if Agency stops paying for Axon Respond or bundles that include Axon Respond, Axon will end Axon Respond services, including any Axonprovided LTE service.
AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
Add-on Services Appendix
This Appendix applies if Axon Citizen for Communities, Axon Redaction Assistant, and/or Axon Performance are included on the Quote.
1. Subscription Term. If Agency purchases Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance as part of OSP 7, the subscription begins on the later of the (1) start date of the OSP 7 Term, or (2) date Axon provisions Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance to Agency.
1.1 If Agency purchases Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance as a standalone, the subscription begins the later of the (1) date Axon provisions Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance to Agency, or (2) first day of the month following the Effective Date.
1.2 The subscription term will end upon the completion of the Axon Evidence Subscription associated with the add-on.
2. Axon Citizen Storage. For Axon Citizen, Agency may store an unlimited amount of data submitted through the public portal (“Portal Content”), within Agency’s Axon Evidence instance. The posttermination provisions outlined in the Axon Cloud Services Terms of Use Appendix also apply to Portal Content.
3. Performance Auto-Tagging Data. In order to provide some features of Axon Performance to Agency, Axon will need to store call for service data from Agency’s CAD or RMS.
AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
Axon Auto-Transcribe Appendix
This Appendix applies if Axon Auto-Transcribe is included on the Quote.
1. Subscription Term. If Agency purchases Axon Auto-Transcribe as part of a bundle or Axon Cloud Services subscription, the subscription begins on the later of the (1) start date of the bundle or Axon Cloud Services license term, or (2) date Axon provisions Axon Auto-Transcribe to Agency. If Agency purchases Axon Auto-Transcribe minutes as a standalone, the subscription begins on the date Axon provisions Axon Auto-Transcribe to Agency.
1.1 If Agency cancels Auto-Transcribe services, any amounts owed by the Parties will be based on the amount of time passed under the annual subscription, rather than on the number of minutes used, regardless of usage.
2. Auto-Transcribe A-La-Carte Minutes. Upon Axon granting Agency a set number of minutes, Agency may utilize Axon Auto-Transcribe, subject to the number of minutes allowed on the Quote.
Agency will not have the ability to roll over unused minutes to future Auto-Transcribe terms. Axon may charge Agency additional fees for exceeding the number of purchased minutes. Axon AutoTranscribe minutes expire one year after being provisioned to Agency by Axon.
3. Axon Unlimited Transcribe. Upon Axon granting Agency an Unlimited Transcribe subscription to Axon Auto-Transcribe, Agency may utilize Axon Auto-Transcribe with no limit on the number of minutes. Unlimited Transcribe includes automatic transcription of all Axon BWC and Axon Capture footage. With regard to Axon Interview Room, Axon Fleet, Axon Citizen, or third-party transcription, transcription must be requested on demand. Notwithstanding the foregoing, Axon may limit usage after 5,000 minutes per user per month for multiple months in a row. Axon will not bill for overages.
4. Warranty. Axon disclaims all warranties, express or implied, for Axon Auto-Transcribe.
AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
Axon Virtual Reality Content Terms of Use Appendix
If Virtual Reality is included on the Quote, this Appendix applies.
1. Term. The Quote will detail the products and license duration, as applicable, of the goods, services, and software, and contents thereof, provided by Axon to Agency related to virtual reality (collectively, “Virtual Reality Media”).
2. Headsets. Agency may purchase additional virtual reality headsets from Axon. In the event Agency decides to purchase additional virtual reality headsets for use with Virtual Reality Media, Agency must purchase those headsets from Axon.
3. License Restrictions. All licenses will immediately terminate if Agency does not comply with any term of this Agreement. If Agency utilizes more users than stated in this Agreement, Agency must purchase additional Virtual Reality Media licenses from Axon. Agency may not use Virtual Reality Media for any purpose other than as expressly permitted by this Agreement. Agency may not:
3.1 modify, tamper with, repair, or otherwise create derivative works of Virtual Reality Media;
3.2 reverse engineer, disassemble, or decompile Virtual Reality Media or apply any process to derive the source code of Virtual Reality Media, or allow others to do the same;
3.3 copy Virtual Reality Media in whole or part, except as expressly permitted in this Agreement;
3.4 use trade secret information contained in Virtual Reality Media;
3.5 resell, rent, loan or sublicense Virtual Reality Media;
3.6 access Virtual Reality Media to build a competitive device or service or copy any features, functions, or graphics of Virtual Reality Media; or
3.7 remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Virtual Reality Media or any copies of Virtual Reality Media.
4. Privacy. Agency’s use of the Virtual Reality Media is subject to the Axon Virtual Reality Privacy Policy, a current version of which is available at https://www.axon.com/legal/axon-virtual-realityprivacy-policy.
5. Termination. Axon may terminate Agency’s license immediately for Agency’s failure to comply with any of the terms in this Agreement.
AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
Axon Commander Software Appendix
This Appendix applies if Axon Commander is included on the Quote.
1. License. Axon owns all executable instructions, images, icons, sound, and text in Commander. All rights are reserved to Axon. Axon grants a non-exclusive, royalty-free, worldwide right and license to use Commander. “Use” means storing, loading, installing, or executing Commander exclusively for data communication with an Axon Device. Agency may use Commander in a networked environment on computers other than the computer it installs Commander on, so long as each execution of Commander is for data communication with an Axon Device. Agency may make copies of Commander for archival purposes only. Agency shall retain all copyright, trademark, and proprietary notices in Commander on all copies or adaptations.
2. Term. The Quote will detail the duration of the Commander license, as well as any maintenance.
The term will begin upon installation of Commander by Axon.
3. License Restrictions. All licenses will immediately terminate if Agency does not comply with any term of this Agreement. Agency may not use Commander for any purpose other than as expressly permitted by this Agreement. Agency may not:
3.1 modify, tamper with, repair, or otherwise create derivative works of Commander;
3.2 reverse engineer, disassemble, or decompile Commander or apply any process to derive the source code of Commander, or allow others to do the same;
3.3 access or use Commander to avoid incurring fees or exceeding usage limits or quotas;
3.4 copy Commander in whole or part, except as expressly permitted in this Agreement;
3.5 use trade secret information contained in Commander;
3.6 resell, rent, loan or sublicense Commander;
3.7 access Commander to build a competitive device or service or copy any features, functions, or graphics of Commander; or
3.8 remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Commander or any copies of Commander.
4. Support. Axon may make available updates and error corrections (“Updates”) to Commander.
Axon will provide Updates electronically via the Internet or media as determined by Axon. Agency is responsible for establishing and maintaining adequate access to the Internet to receive Updates.
Agency is responsible for maintaining the computer equipment necessary to use Commander.
Axon may provide technical support of a prior release/version of Commander for 6 months from when Axon made the subsequent release/version available.
5. Termination. Axon may terminate Agency’s license immediately for Agency’s failure to comply with any of the terms in this Agreement. Upon termination, Axon may disable Agency’s right to login to Axon Commander.
AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
Axon Application Programming Interface Appendix
This Appendix applies if Axon’s API Services are included on the Quote.
1. Definitions.
1.1 “API Client” means the software that acts as the interface between Agency’s computer and the server, which is already developed or to be developed by Agency.
1.2 “API Interface” means software implemented by Agency to configure Agency’s independent API Client Software to operate in conjunction with the API Service for Agency’s authorized Use.
1.3 “Axon Evidence Partner API, API or AXON API” (collectively “API Service”) means Axon’s API which provides a programmatic means to access data in Agency’s Axon Evidence account or integrate Agency’s Axon Evidence account with other systems.
1.4 “Use” means any operation on Agency’s data enabled by the supported API functionality.
2. Purpose and License.
2.1 Agency may use API Service and data made available through API Service, in connection with an API Client developed by Agency. Axon may monitor Agency’s use of API Service to ensure quality, improve Axon devices and services, and verify compliance with this Agreement. Agency agrees to not interfere with such monitoring or obscure from Axon Agency’s use of API Service. Agency will not use API Service for commercial use.
2.2 Axon grants Agency a non-exclusive, non-transferable, non-sublicensable, worldwide, revocable right and license during the Term to use API Service, solely for Agency’s Use in connection with Agency’s API Client.
2.3 Axon reserves the right to set limitations on Agency’s use of the API Service, such as a quota on operations, to ensure stability and availability of Axon’s API. Axon will use reasonable efforts to accommodate use beyond the designated limits.
3. Configuration. Agency will work independently to configure Agency’s API Client with API Service for Agency’s applicable Use. Agency will be required to provide certain information (such as identification or contact details) as part of the registration. Registration information provided to Axon must be accurate. Agency will inform Axon promptly of any updates. Upon Agency’s registration, Axon will provide documentation outlining API Service information.
4. Agency Responsibilities. When using API Service, Agency and its end users may not:
4.1 use API Service in any way other than as expressly permitted under this Agreement;
4.2 use in any way that results in, or could result in, any security breach to Axon;
4.3 perform an action with the intent of introducing any viruses, worms, defect, Trojan horses, malware, or any items of a destructive nature to Axon Devices and Services;
4.4 interfere with, modify, disrupt or disable features or functionality of API Service or the servers or networks providing API Service;
4.5 reverse engineer, decompile, disassemble, or translate or attempt to extract the source code from API Service or any related software;
AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
4.6 create an API Interface that functions substantially the same as API Service and offer it for use by third parties;
4.7 provide use of API Service on a service bureau, rental or managed services basis or permit other individuals or entities to create links to API Service;
4.8 frame or mirror API Service on any other server, or wireless or Internet-based device;
4.9 make available to a third-party, any token, key, password or other login credentials to API Service;
4.10 take any action or inaction resulting in illegal, unauthorized or improper purposes; or
4.11 disclose Axon’s API manual.
5. API Content. All content related to API Service, other than Agency Content or Agency’s API Client content, is considered Axon’s API Content, including:
5.1 the design, structure and naming of API Service fields in all responses and requests;
5.2 the resources available within API Service for which Agency takes actions on, such as evidence, cases, users, or reports; and
5.3 the structure of and relationship of API Service resources; and
5.4 the design of API Service, in any part or as a whole.
5.5 Prohibitions on API Content. Neither Agency nor its end users will use API content returned from the API Interface to:
5.6 scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;
5.7 copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third-party;
5.8 misrepresent the source or ownership; or
5.9 remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices).
6. API Updates. Axon may update or modify the API Service from time to time (“API Update”). Agency is required to implement and use the most current version of API Service and to make any applicable changes to Agency’s API Client required as a result of such API Update. API Updates may adversely affect how Agency’s API Client access or communicate with API Service or the API Interface. Each API Client must contain means for Agency to update API Client to the most current version of API Service. Axon will provide support for 1 year following the release of an API Update for all depreciated API Service versions.
AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
Advanced User Management Appendix
This Appendix applies if Axon Advanced User Management is included on the Quote.
1. Scope. Advanced User Management allows Agency to (a) utilize bulk user creation and management, (b) automate user creation and management through System for Cross-domain Identity Management (“SCIM”), and (c) automate group creation and management through SCIM.
2. Advanced User Management Configuration. Agency will work independently to configure Agency’s Advanced User Management for Agency’s applicable Use. Upon request, Axon will provide general guidance to Agency, including documentation that details the setup and configuration process.
AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
Axon Channel Services Appendix
This Appendix applies if Agency purchases Axon Channel Service, as set forth on the Quote.
1. Definitions.
1.1 “Axon Digital Evidence Management System” means Axon Evidence or Axon Commander, as specified in the attached Channel Services Statement of Work.
1.2 “Active Channel” means a third-party system that is continuously communicating with an Axon Digital Evidence Management System.
1.3 “Inactive Channel” means a third-party system that will have a one-time communication to an Axon Digital Evidence Management System.
2. Scope. Agency currently has a third-party system or data repository from which Agency desires to share data with Axon Digital Evidence Management. Axon will facilitate the transfer of Agency’s third-party data into an Axon Digital Evidence Management System or the transfer of Agency data out of an Axon Digital Evidence Management System as defined in the Channel Services Statement of Work (“Channel Services SOW”). Channel Services will not delete any Agency Content. Agency is responsible for verifying all necessary data is migrated correctly and retained per Agency policy.
3. Purpose and Use. Agency is responsible for verifying Agency has the right to share data from and provide access to third-party system as it relates to the Services described in this Appendix and the Channel Services SOW. For Active Channels, Agency is responsible for any changes to a thirdparty system that may affect the functionality of the channel service. Any additional work required for the continuation of the Service may require additional fees. An Axon Field Engineer may require access to Agency’s network and systems to perform the Services described in the Channel Services SOW. Agency is responsible for facilitating this access per all laws and policies applicable to Agency.
4. Project Management. Axon will assign a Project Manager to work closely with Agency’s project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables on time and budget.
5. Warranty. Axon warrants that it will perform the Channel Services in a good and workmanlike manner.
6. Monitoring. Axon may monitor Agency’s use of Channel Services to ensure quality, improve Axon devices and services, prepare invoices based on the total amount of data migrated, and verify compliance with this Agreement. Agency agrees not to interfere with such monitoring or obscure from Axon Agency’s use of channel services.
7. Agency’s Responsibilities. Axon’s successful performance of the Channel Services requires Agency:
7.1 Make available its relevant systems for assessment by Axon (including making these systems available to Axon via remote access);
7.2 Provide access to the building facilities and where Axon is to perform the Channel Services, subject to safety and security restrictions imposed by the Agency (including providing security passes or other necessary documentation to Axon representatives performing the Channel Services permitting them to enter and exit Agency premises with laptop personal computers and any other materials needed to perform the Channel Services); AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
7.3 Provide all necessary infrastructure and software information (TCP/IP addresses, node names, and network configuration) for Axon to provide the Channel Services;
7.4 Ensure all appropriate data backups are performed;
7.5 Provide Axon with remote access to the Agency’s network and third-party systems when required for Axon to perform the Channel Services;
7.6 Notify Axon of any network or machine maintenance that may impact the performance of the Channel Services; and
7.7 Ensure the reasonable availability by phone or email of knowledgeable staff, personnel, system administrators, and operators to provide timely, accurate, complete, and up-to-date documentation and information to Axon (these contacts are to provide background information and clarification of information required to perform the Channel Services).
AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
VIEVU Data Migration Appendix
This Appendix applies if Agency purchases Migration services, as set forth on the Quote.
1. Scope. Agency currently has legacy data in the VIEVU Solution from which Agency desires to move to Axon Evidence. Axon will work with Agency to copy legacy data from the VIEVU solution into Axon Evidence (“Migration”). Before Migration, Agency and Axon will work together to develop a Statement of Work (“Migration SOW”) to detail all deliverables and responsibilities. The Migration will require the availability of Agency resources. Such resources will be identified in the SOW. Onsite support during Migration is not required. Upon Agency’s request, Axon will provide on-site support for an additional fee. Any request for on-site support will need to be pre-scheduled and is subject to Axon’s resource availability.
1.1 A small amount of unexposed data related to system information will not be migrated from the VIEVU solution to Axon Evidence. Upon request, some of this data can be manually exported before Migration and provided to Agency. The Migration SOW will provide further detail.
2. Changes. Axon is only responsible to perform the Services described in this Appendix and Migration SOW. Any additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule.
3. Project Management. Axon will assign a Project Manager to work closely with Agency’s project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables on time and budget.
4. Downtime. There may be downtime during the Migration. The duration of the downtime will depend on the amount of data that Agency is migrating. Axon will work with Agency to minimize any downtime. Any VIEVU mobile application will need to be disabled upon Migration.
5. Functionality Changes. Due to device differences between the VIEVU solution and the Axon’s Axon Evidence solution, there may be functionality gaps that will not allow for all migrated data to be displayed the same way in the user interface after Migration
6. Acceptance. Once the Migration is complete, Axon will notify Agency and an acceptance form.
Agency is responsible for verifying that the scope of the project has been completed and all necessary data is migrated correctly and retained per Agency policy. Agency will have 90 days to provide Axon acceptance that the Migration was successful, or Axon will deem the Migration accepted.
6.1 In the event Agency does not accept the Migration, Agency agrees to notify the Axon within a reasonable time. Agency also agrees to allow Axon a reasonable time to resolve any issue. In the event Agency does not provide the Axon written rejection of the Migration during these 90 days, Agency may be charged for additional monthly storage costs. After Agency provides acceptance of the Migration, the Axon will delete all data from the VIEVU solution 90 days after the Migration.
7. Post-Migration. After Migration, the VIEVU solution may not be supported and updates may not be provided. Axon may end of life the VIEVU solution in the future. If Agency elects to maintain data within the VIEVU solution, Axon will provide Agency 90 days’ notice before ending support for the VIEVU solution.
8. Warranty. Axon warrants that it will perform the Migration in a good and workmanlike manner.
AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
9. Monitoring. Axon may monitor Agency’s use of Migration to ensure quality, improve Axon devices and services, prepare invoices based on the total amount of data migrated, and verify compliance with this Agreement. Agency agrees not to interfere with such monitoring or obscure from Axon Agency’s use of Migration.
AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
Axon Support Engineer Appendix
This Appendix applies if Axon Support Engineer services are included on the Quote.
1. Axon Support Engineer Payment. Axon will invoice for Axon Support Engineer (“ASE”) services, as outlined in the Quote, when the Axon Support Engineer commences work on-site at Agency.
2. Full-Time ASE Scope of Services.
2.1 A Full-Time ASE will work on-site four (4) days per week.
2.2 Agency’s Axon sales representative and Axon’s Agency Success team will work with Agency to define its support needs and ensure the Full-Time ASE has skills to align with those needs. There may be up to a 6-month waiting period before the Full-Time ASE can work on-site, depending upon Agency’s needs and availability of a Full-Time ASE.
2.3 The purchase of Full-Time ASE Services includes 2 complimentary Axon Accelerate tickets per year of the Agreement, so long as the ASE has started work at Agency, and Agency is current on all payments for the Full-Time ASE Service.
2.4 The Full-Time ASE Service options are listed below:
Ongoing System Set-up and Configuration
Assisting with assigning cameras and registering docks
Maintaining Agency’s Axon Evidence account
Connecting Agency to “Early Access” programs for new devices Account Maintenance
Conducting on-site training on new features and devices for Agency leadership team(s) Thoroughly documenting issues and workflows and suggesting new workflows to improve the effectiveness of the Axon program
Conducting weekly meetings to cover current issues and program status Data Analysis
Providing on-demand Axon usage data to identify trends and insights for improving daily workflows
Comparing Agency’s Axon usage and trends to peers to establish best practices Proactively monitoring the health of Axon equipment and coordinating returns when needed Direct Support
Providing on-site, tier 1 and tier 2 technical support for Axon devices Proactively monitoring the health of Axon equipment
Creating and monitoring RMAs on-site
Providing Axon app support
Monitoring and testing new firmware and workflows before they are released to Agency’s production environment
Agency Advocacy
Coordinating bi-annual voice of customer meetings with Axon’s Device Management team Recording and tracking Agency feature requests and major bugs
3. Regional ASE Scope of Services
3.1 A Regional ASE will work on-site for 3 consecutive days per quarter. Agency must schedule the on-site days at least 2 weeks in advance. The Regional ASE will also be available by phone and email during regular business hours up to 8 hours per week.
3.2 There may be up to a 6-month waiting period before Axon assigns a Regional ASE to Agency, depending upon the availability of a Regional ASE.
AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
3.3 The purchase of Regional ASE Services includes 2 complimentary Axon Accelerate tickets per year of the Agreement, so long as the ASE has started work at Agency and Agency is current on all payments for the Regional ASE Service.
3.4 The Regional ASE service options are listed below:
Account Maintenance
Conducting remote training on new features and devices for Agency’s leadership Thoroughly documenting issues and workflows and suggesting new workflows to improve the effectiveness of the Axon program
Conducting weekly conference calls to cover current issues and program status Visiting Agency quarterly (up to 3 consecutive days) to perform a quarterly business review, discuss Agency’s goals for your Axon program, and continue to ensure a successful deployment of Axon devices
Direct Support
Providing remote, tier 1 and tier 2 technical support for Axon devices Creating and monitoring RMAs remotely
Data Analysis
Providing quarterly Axon usage data to identify trends and program efficiency opportunities Comparing an Agency’s Axon usage and trends to peers to establish best practices Proactively monitoring the health of Axon equipment and coordinating returns when needed Agency Advocacy
Coordinating bi-yearly Voice of Agency meetings with Device Management team Recording and tracking Agency feature requests and major bugs
4. Out of Scope Services. The ASE is responsible to perform only the Services described in this Appendix. Any additional Services discussed or implied that are not defined explicitly in this Appendix will be considered out of the scope.
5. ASE Leave Time. The ASE will be allowed up 7 days of sick leave and up to 15 days of vacation time per each calendar year. The ASE will work with Agency to coordinate any time off and will provide Agency with at least 2 weeks’ notice before utilizing any vacation days.
AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
Video Integration Suite (VIS) Appendix
If the Quote includes Axon’s On Prem Video Integration Suite (“VIS”) product, the following appendix shall apply.
1. License Grant. Subject to the terms and conditions specified below and upon payment of the applicable fees set forth in the Quote, Axon grants to Agency a nonexclusive, nontransferable license to install, use, and display the VIS software (“Software”) solely for its own internal use only and for no other purpose, for the duration of subscription term set forth in the Quote. This Agreement does not grant Agency any right to enhancements or updates, but if such are made available to Agency and obtained by Agency they shall become part of the Software and governed by the terms of this Agreement.
2. Third-Party Licenses. Axon licenses several third-party codecs and applications that are integrated into the Software. Users with an active support contract with Axon are granted access to these additional features. By accepting this agreement, Agency agrees to and understands that an active support contract is required for all of the following features: DNxHD output formats, decoding files via the “fast indexing” method, proprietary file metadata, telephone and email support, and all future updates to the software. If Agency terminates the annual support contract with Axon, the features listed above will be disabled within the Software. It is recommended that users remain on an active support contract to maintain the full functionality of the Software.
3. Restrictions on Use. Agency may not permit any other person to use the Software unless such use is in accordance with the terms of this Agreement. Agency may not modify, translate, reverse engineer, reverse compile, decompile, disassemble or create derivative works with respect to the Software, except to the extent applicable laws specifically prohibit such restrictions. Agency may not rent, lease, sublicense, grant a security interest in or otherwise transfer Agency’s rights to or to use the Software. Any rights not granted are reserved to Axon.
4. Term. For purchased perpetual Licenses only--excluding Licenses leased for a pre-determined period of time, evaluation licenses, companion licenses, as well as temporary licenses--the license shall be perpetual unless Agency fails to observe any of its terms, in which case it shall terminate immediately, and without additional prior notice. The terms of Paragraphs 1, 2, 3, 5, 6, 8 and9 shall survive termination of this Agreement. For licenses leased for a pre-determined period of time, for evaluation licenses, companion licenses, as well as temporary licenses, the license is granted for a period beginning at the installation date and for the duration of the evaluation period or temporary period as agreed between Axon and Agency.
5. Title. Axon and its licensors shall have sole and exclusive ownership of all right, title, and interest in and to the Software and all changes, modifications and enhancements thereof (including ownership of all trade secrets and copyrights pertaining thereto), regardless of the form or media in which the original or copies may exist, subject only to the rights and privileges expressly granted by Axon. This agreement does not provide Agency with title or ownership of the Software, but only a right of limited use.
6. Copies. The Software is copyrighted under the laws of the United States and international treaty provisions. Agency may not copy the Software except for backup or archival purposes, and all such copies shall contain all Axon’s notices regarding proprietary rights as contained in the Software as originally provided to Agency. If Agency receives one copy electronically and another copy on media, the copy on media may be used only for archival purposes and this license does not authorize Agency to use the copy of media on an additional server.t
7. Actions Required Upon Termination. Upon termination of the license associated with this Agreement, Agency agrees to destroy all copies of the Software and other text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Software that are provided by Axon to Agency (“Software Documentation”), or AXON Master Services and Purchasing Agreement between Axon and Agency (Online)
return such copies to Axon. Agency agrees that with respect to any copies that may exist with respect to media containing regular backups of Agency’s computer or computer system, that Agency shall not access such media for the purpose of recovering the Software or online Software Documentation.
8. Export Controls. None of the Software, Software Documentation or underlying information may be downloaded or otherwise exported, directly or indirectly, without the prior written consent, if required, by the office of Export Administration of the United States, Department of Commerce, nor to any country to which the U.S. has embargoed goods, to any person on the U.S. treasury Department’s list of Specially Designated Nations or the U.S. Department of Commerce’s Table of Denials.
9. U.S. Government Restricted Rights. The Software and Software Documentation are Commercial Computer Software provided with RESTRICTED RIGHTS under Federal Acquisition Regulations and agency supplements to them. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR 255.227-7013 et. Seq. or 252.211-7015, or subparagraphs (a) through (d) of the Commercial Computer Software Restricted Rights at FAR 52.227-19, as applicable, or similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Axon Enterprise, Inc., 17800 North 85th Street, Scottsdale, Arizona 85255.
1 Q-337144-44595.112TR
Q-337144-44595.112TR
Issued: 02/02/2022
Quote Expiration: 01/31/2022
EST Contract Start Date: 03/01/2022
Account Number: 156829
Payment Terms: N30
Delivery Method: Fedex - Ground
SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Delivery;Invoice-2330 High St Delano Police Dept. - CA Thom Ruseva-Mahan Tyson Davis 2330 High St 2330 High St Phone: +1 4804148450 Phone: (661) 721-3377 Delano, CA 93215-1037 Delano, CA 93215-1037 Email: [email protected] Email: [email protected] USA USA Fax: +1 4809993359 Fax:
Email:
Program Length 60 Months Bundle Savings $196,417.27
TOTAL COST $545,956.00 Additional Savings $5,736.93
ESTIMATED TOTAL W/ TAX $575,070.31 TOTAL SAVINGS $202,154.20
PAYMENT PLAN
PLAN NAME INVOICE DATE TAX AMOUNT AMOUNT DUE
Year 1 Feb, 2022 $5,822.86 $115,014.06
Year 2 Feb, 2023 $5,822.86 $115,014.06
Year 3 Feb, 2024 $5,822.86 $115,014.06
Year 4 Feb, 2025 $5,822.86 $115,014.06
Year 5 Feb, 2026 $5,822.86 $115,014.06
Axon Enterprise, Inc.
17800 N 85th St.
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
2 Q-337144-44595.112TR
Quote Details
Bundle Summary
Item Description QTY
DynamicBundle Dynamic Bundle 1
ProLicense Pro License Bundle 2
AB3C AB3 Camera Bundle 15
BWCamTAP Body Worn Camera TAP Bundle 15
DynamicBundle Dynamic Bundle 1
Core+ 2021 Core+ 50
Bundle: Dynamic Bundle Quantity: 1 Start: 3/1/2022 End: 2/28/2027 Total: 2400 USD Category Item Description QTY List Price Discount Tax Net Price Total(USD) Other 80090 TARGET FRAME, PROFESSIONAL, 27.5 IN.
X 75 IN., TASER 7
1 $78.98 100.00% $0.00 $0.00 $0.00
Other 80087 TASER 7 TARGET, CONDUCTIVE,
PROFESSIONAL (RUGGEDIZED) 1 $157.95 100.00% $0.00 $0.00 $0.00 Other 85147 CEW STARTER 1 $2,750.00 100.00% $0.00 $0.00 $0.00 Other 73683 10 GB EVIDENCE.COM A-LA-CART
STORAGE- 100 $0.40 0.00% $0.00 $0.40 $2,400.00
Other 85144 AXON STARTER 1 $2,750.00 100.00% $0.00 $0.00 $0.00 Bundle: Pro License Bundle Quantity: 2 Start: 3/1/2022 End: 2/28/2027 Total: 4680 USD Category Item Description QTY List Price Discount Tax Net Price Total(USD) E.com License 73746 PROFESSIONAL EVIDENCE.COM LICENSE
(Formerly SKU 73746) 2 $39.00 0.00% $0.00 $39.00 $4,680.00 A La Carte Storage 73683 10 GB EVIDENCE.COM A-LA-CART
STORAGE- 6 $0.00 0.00% $0.00 $0.00 $0.00
Bundle: AB3 Camera Bundle Quantity: 15 Start: 3/1/2022 End: 2/28/2027 Total: 10485 USD Category Item Description QTY List Price Discount Tax Net Price Total(USD) Camera 73202 AXON BODY 3 - NA10 - US - BLK -
RAPIDLOCK 15 $699.00 0.00% $865.01 $699.00 $10,485.00
3 Q-337144-44595.112TR
Camera Mount 74020 MAGNET MOUNT, FLEXIBLE, AXON
RAPIDLOCK 17 $0.00 0.00% $0.00 $0.00 $0.00
USB 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 17 $0.00 0.00% $0.00 $0.00 $0.00 Bundle: Body Worn Camera TAP Bundle Quantity: 15 Start: 3/1/2022 End: 2/28/2027 Total: 25200.01 USD Category Item Description QTY List Price Discount Tax Net Price Total(USD) Camera Warranty 80464 EXT WARRANTY, CAMERA (TAP) 15 $11.67 25.17% $648.37 $8.73 $7,859.01 Camera Refresh 1 with
Spares 73309 AXON CAMERA REFRESH ONE 15 $755.00 25.17% $699.10 $564.94 $8,474.08 Camera Refresh 2 with
Spares 73310 AXON CAMERA REFRESH TWO 15 $790.00 25.17% $731.52 $591.13 $8,866.92 Bundle: Dynamic Bundle Quantity: 1 Start: 3/1/2022 End: 2/28/2027 Total: 26191 USD Category Item Description QTY List Price Discount Tax Net Price Total(USD) Other 70116 SPPM, SIGNAL CONNECTED BATTERY
PACK, X2/X26P 100 $121.76 0.00% $1,004.5
2 $121.76 $12,176.00
Other 75015 SIGNAL SIDEARM KIT 50 $249.00 0.00% $1,027.1 2 $249.00 $12,450.00
Other 11507 MOLLE MOUNT, SINGLE, AXON RAPIDLOCK 50 $31.30 0.00% $129.11 $31.30 $1,565.00 Bundle: 2021 Core+ Quantity: 50 Start: 3/1/2022 End: 2/28/2027 Total: 476999.99 USD Category Item Description QTY List Price Discount Tax Net Price Total(USD) Signal Sidearm Kit 75015 SIGNAL SIDEARM KIT 50 $249.00 28.26% $736.82 $178.62 $8,931.12 Warranty 80465 EXT WARRANTY, MULTI-BAY DOCK (TAP) 7 $21.00 28.26% $521.98 $15.06 $6,327.10 Camera Warranty 80464 EXT WARRANTY, CAMERA (TAP) 50 $11.67 28.26% $2,071.9 6 $8.37 $25,114.73
E.com License 73746 PROFESSIONAL EVIDENCE.COM LICENSE
(Formerly SKU 73746) 50 $39.00 28.26% $0.00 $27.98 $83,930.97 Respond License 73449 RESPOND DEVICE LICENSE 50 $5.00 28.26% $0.00 $3.59 $10,760.38 Multi-bay Dock Refresh
1 73689 MULTI-BAY BWC DOCK 1ST REFRESH 7 $1,610.00 28.26% $666.99 $1,154.95 $8,084.63 Device Storage 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE- 50 $24.00 28.26% $0.00 $17.22 $51,649.83
Auto Tagging 73682 AUTO TAGGING LICENSE 50 $9.00 28.26% $0.00 $6.46 $19,368.69 Camera Refresh 1 with
Spares 73309 AXON CAMERA REFRESH ONE 51 $755.00 28.26% $2,278.8 0 $541.61 $27,621.90
4 Q-337144-44595.112TR
Camera Refresh2 with
Spares 73310 AXON CAMERA REFRESH TWO 51 $790.00 28.26% $2,384.44 $566.71 $28,902.38
Multi-bay Dock Refresh 2
73688 MULTI-BAY BWC DOCK 2ND REFRESH7 $1,685.00 28.26% $698.03 $1,208.75 $8,461.25 Auto Tagging
Implementation 79999 AUTO TAGGING
/ PERFORMANCE
IMPLEMENTATION SERVICE
1 $0.00 0.00% $0.00 $0.00 $0.00
A La Carte Storage 73683 10 GB EVIDENCE.COM A-LA-CART
STORAGE- 150 $0.40 28.26% $0.00 $0.29 $2,582.49
Spare Camera Warranty 80464 EXT WARRANTY, CAMERA (TAP)1 $11.67 28.26% $41.44 $8.37 $502.29 Signal Sidearm Batteries 71044 BATTERY, SIGNAL SIDEARM, CR2430 SINGLE PACK 100 $1.00 28.26% $5.92 $0.72 $71.74
Holsters 20160 TASER
7 HOLSTER- SAFARILAND,
RH+CART CARRIER 50 $84.24 28.26% $249.28 $60.43 $3,021.52 HALT Suit 20050 HOOK-AND-LOOP TRAINING (HALT) SUIT1 $789.75 28.26% $46.74 $566.53 $566.53 Handle License 20248 TASER7 EVIDENCE.COM LICENSE 50 $5.00 28.26% $0.00 $3.59 $10,760.38 Live Cartridges 22175 TASER
7 LIVE CARTRIDGE, STANDOFF (3.5-
DEGREE) NS 150 $38.95 28.26% $345.77 $27.94 $4,191.17
Live Cartridges 22176 TASER
7 LIVE CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS 150 $38.95 28.26% $345.77 $27.94 $4,191.17 Handles 20008 TASER
7 HANDLE, YLW, HIGH VISIBILITY
(GREEN LASER), CLASS 3R 50 $1,810.00 28.26% $5,355.98
$1,298.42 $64,920.97
Inert Cartridges 22179 TASER
7 INERT CARTRIDGE, STANDOFF
(3.5-DEGREE) NS 50 $50.23 28.26% $148.64 $36.03 $1,801.65 Inert Cartridges 22181 TASER
7 INERT CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS 50 $50.23 28.26% $148.64 $36.03 $1,801.65 Admin License 20248 TASER7 EVIDENCE.COM LICENSE1 $5.00 28.26% $0.00 $3.59 $215.21 Taser7 Target 80087 TASER
7 TARGET, CONDUCTIVE,
PROFESSIONAL (RUGGEDIZED)
1 $157.95 28.26% $9.34 $113.31 $113.31
Spare Handles 20008 TASER
7 HANDLE, YLW, HIGH VISIBILITY
(GREEN LASER), CLASS 3R
1 $1,810.00 28.26% $107.11 $1,298.42 $1,298.42
Taser7 Target Frame 80090 TARGET FRAME, PROFESSIONAL, 27.5 IN. X 75 IN., TASER 71 $78.98 28.26% $4.68 $56.66 $56.66 Training Live Cartridges 22175 TASER
7 LIVE CARTRIDGE, STANDOFF (3.5-
DEGREE) NS 100 $38.95 28.26% $230.51 $27.94 $2,794.11
Training Live Cartridges 22175 TASER
7 LIVE CARTRIDGE, STANDOFF (3.5-
DEGREE) NS 100 $38.95 28.26% $230.51 $27.94 $2,794.11
Training Live Cartridges 22175 TASER
7 LIVE CARTRIDGE, STANDOFF (3.5-
DEGREE) NS 100 $38.95 28.26% $230.52 $27.94 $2,794.11
Training Live Cartridges 22175 TASER
7 LIVE CARTRIDGE, STANDOFF (3.5-
DEGREE) NS 100 $38.95 28.26% $230.52 $27.94 $2,794.11
Training Live Cartridges 22175 TASER7 LIVE CARTRIDGE, STANDOFF (3.5- 100 $38.95 28.26% $230.52 $27.94 $2,794.11 5 Q-337144-44595.112TR
DEGREE) NS
Training Live Cartridges 22176 TASER
7 LIVE CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS 100 $38.95 28.26% $230.52 $27.94 $2,794.11 Training Live Cartridges 22176 TASER
7 LIVE CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS 100 $38.95 28.26% $230.52 $27.94 $2,794.11 Training Live Cartridges 22176 TASER
7 LIVE CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS 100 $38.95 28.26% $230.52 $27.94 $2,794.11 Training Live Cartridges 22176 TASER
7 LIVE CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS 100 $38.95 28.26% $230.52 $27.94 $2,794.11 Training Live Cartridges 22176 TASER
7 LIVE CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS 100 $38.95 28.26% $230.52 $27.94 $2,794.11 Batteries 20018 TASER7 BATTERY PACK, TACTICAL 60 $90.56 28.26% $321.57 $64.96 $3,897.84 Training Halt Cartridges 22177 TASER
7 HOOK-AND-LOOP TRN (HALT)
CARTRIDGE, STANDOFF NS 100 $38.95 28.26% $230.52 $27.94 $2,794.11 Training Halt Cartridges 22177 TASER
7 HOOK-AND-LOOP TRN (HALT)
CARTRIDGE, STANDOFF NS 100 $38.95 28.26% $230.52 $27.94 $2,794.11 Training Halt Cartridges 22178 TASER
7 HOOK-AND-LOOP TRN (HALT)
CARTRIDGE, CLOSE QUART NS 100 $38.95 28.26% $230.52 $27.94 $2,794.11 Training Halt Cartridges 22178 TASER
7 HOOK-AND-LOOP TRN (HALT)
CARTRIDGE, CLOSE QUART NS 100 $38.95 28.26% $230.52 $27.94 $2,794.11 Docks 74200 TASER7 6-BAY DOCK AND CORE1 $1,500.00 28.26% $88.77 $1,076.04 $1,076.04 Dock Mount 70033 WALL MOUNT BRACKET, ASSY,
EVIDENCE.COM DOCK
1 $43.90 28.26% $2.60 $31.49 $31.49
Dock Power Cord 71019 NORTH AMER POWER CORD FOR AB3 8-
BAY, AB2 1-BAY/ 6-BAY DOCK
1 $10.45 28.26% $0.62 $7.50 $7.50
Master Instructor Course
Vouchers 20119 TASER
7 MASTER INSTRUCTOR SCHOOL
VOUCHER
1 $1,495.00 28.26% $0.00 $1,072.45 $1,072.45
Master Instructor Course
Vouchers 20119 TASER
7 MASTER INSTRUCTOR SCHOOL
VOUCHER
1 $1,495.00 28.26% $0.00 $1,072.45 $1,072.45
Master Instructor Course
Vouchers 20119 TASER
7 MASTER INSTRUCTOR SCHOOL
VOUCHER
1 $1,495.00 28.26% $0.00 $1,072.45 $1,072.45
Master Instructor Course
Vouchers 20119 TASER
7 MASTER INSTRUCTOR SCHOOL
VOUCHER
1 $1,495.00 28.26% $0.00 $1,072.45 $1,072.45
Master Instructor Course
Vouchers 20119 TASER
7 MASTER INSTRUCTOR SCHOOL
VOUCHER
1 $1,495.00 28.26% $0.00 $1,072.45 $1,072.45
Instructor Course
Vouchers 20120 TASER
7 INSTRUCTOR COURSE VOUCHER1 $375.00 28.26% $0.00 $269.01 $269.01 Instructor Course
Vouchers 20120 TASER
7 INSTRUCTOR COURSE VOUCHER1 $375.00 28.26% $0.00 $269.01 $269.01 Instructor Course
Vouchers 20120 TASER
7 INSTRUCTOR COURSE VOUCHER1 $375.00 28.26% $0.00 $269.01 $269.01 6 Q-337144-44595.112TR
Instructor Course
Vouchers 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 $375.00 28.26% $0.00 $269.01 $269.01 Instructor Course
Vouchers 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 $375.00 28.26% $0.00 $269.01 $269.01 Duty Cartridge
Replenishment Program 20246 TASER 7 DUTY CARTRIDGE REPLACEMENTLICENSE 50 $2.50 28.26% $443.86 $1.79 $5,380.19 Camera 73202 AXON BODY 3 - NA10 - US - BLK -
RAPIDLOCK 50 $699.00 28.26% $2,068.4
1 $501.43 $25,071.69
Spare Camera 73202 AXON BODY 3 - NA10 - US - BLK -
RAPIDLOCK 1 $0.00 0.00% $0.00 $0.00 $0.00
Camera Mount 74020 MAGNET MOUNT, FLEXIBLE, AXON
RAPIDLOCK 55 $0.00 0.00% $0.00 $0.00 $0.00
USB 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 55 $0.00 0.00% $0.00 $0.00 $0.00 Dock 74210 AXON BODY 3 - 8 BAY DOCK 7 $1,495.00 28.26% $619.34 $1,072.45 $7,507.16 Power Cord 71019 NORTH AMER POWER CORD FOR AB3 8-
BAY, AB2 1-BAY / 6-BAY DOCK 7 $0.00 0.00% $0.00 $0.00 $0.00 Other 80395 EXT WARRANTY, TASER 7 HANDLE 50 $6.58 28.26% $954.08 $4.72 $11,564.54 Other 80395 EXT WARRANTY, TASER 7 HANDLE 1 $6.58 28.26% $19.08 $4.72 $231.29 Other 80374 EXT WARRANTY, TASER 7 BATTERY PACK 60 $0.44 28.26% $76.56 $0.32 $927.98 Other 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 1 $6.58 28.26% $19.08 $4.72 $231.29
INDIVIDUAL ITEMS
Category Item Description QTY List Price Discount Tax Net Price Total(USD) Total: 0
Hardware
Requested Ship Date Item Description QTY
02/01/2022 80090 TARGET FRAME, PROFESSIONAL, 27.5 IN. X 75 IN., TASER 7 1 02/01/2022 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 1
02/01/2022 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 100 02/01/2022 80090 TARGET FRAME, PROFESSIONAL, 27.5 IN. X 75 IN., TASER 7 1 02/01/2022 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 1 02/01/2022 80087 TASER 7 TARGET, CONDUCTIVE, PROFESSIONAL (RUGGEDIZED) 1 02/01/2022 22181 TASER 7 INERT CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 50 02/01/2022 22179 TASER 7 INERT CARTRIDGE, STANDOFF (3.5-DEGREE) NS 50 02/01/2022 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 50 02/01/2022 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 150 7 Q-337144-44595.112TR
02/01/2022 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 150 02/01/2022 80374 EXT WARRANTY, TASER 7 BATTERY PACK 60
02/01/2022 80395 EXT WARRANTY, TASER 7 HANDLE 1
02/01/2022 80395 EXT WARRANTY, TASER 7 HANDLE 50
02/01/2022 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 7 02/01/2022 74210 AXON BODY 3 - 8 BAY DOCK 7
02/01/2022 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 55 02/01/2022 74020 MAGNET MOUNT, FLEXIBLE, AXON RAPIDLOCK 55 02/01/2022 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 1 02/01/2022 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 50 02/01/2022 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 1 02/01/2022 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 1 02/01/2022 74200 TASER 7 6-BAY DOCK AND CORE 1
02/01/2022 22178 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, CLOSE QUART NS 100 02/01/2022 22177 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, STANDOFF NS 100 02/01/2022 20018 TASER 7 BATTERY PACK, TACTICAL 60
02/01/2022 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 100 02/01/2022 80087 TASER 7 TARGET, CONDUCTIVE, PROFESSIONAL (RUGGEDIZED) 1 02/01/2022 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 15 02/01/2022 74020 MAGNET MOUNT, FLEXIBLE, AXON RAPIDLOCK 17 02/01/2022 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 17 02/01/2022 80464 EXT WARRANTY, CAMERA (TAP) 15
02/01/2022 70116 SPPM, SIGNAL CONNECTED BATTERY PACK, X2/X26P 100 02/01/2022 75015 SIGNAL SIDEARM KIT 50
02/01/2022 11507 MOLLE MOUNT, SINGLE, AXON RAPIDLOCK 50 02/01/2022 75015 SIGNAL SIDEARM KIT 50
02/01/2022 80465 EXT WARRANTY, MULTI-BAY DOCK (TAP) 7
02/01/2022 80464 EXT WARRANTY, CAMERA (TAP) 50
02/01/2022 80464 EXT WARRANTY, CAMERA (TAP) 1
02/01/2022 71044 BATTERY, SIGNAL SIDEARM, CR2430 SINGLE PACK 100 02/01/2022 20160 TASER 7 HOLSTER - SAFARILAND, RH+CART CARRIER 50 02/01/2022 20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 1
02/01/2023 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 100 02/01/2023 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 100 02/01/2024 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 100 02/01/2024 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 100 02/01/2024 22178 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, CLOSE QUART NS 100 02/01/2024 22177 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, STANDOFF NS 100 02/01/2025 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 100 02/01/2025 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 100 8 Q-337144-44595.112TR
02/01/2026 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 100 02/01/2026 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 100 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.
9 Q-337144-44595.112TR
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 www.axon.com/legal/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. 10 Q-337144-44595.112TR
\s1\ \d1\
Signature Date Signed
2/2/2022
Holder Identifier : 7777777707070700077763616065553330772534667037554407663015460437133072473444376311120770415131266121007352111773010056077707200127315750767171013241146407326011352250330077727252025773110777777707000707007 6666666606060600062606466204446200622020626204222006220006040262022062220040620422020620020626206200006222004260260200060020040422620200622000604226002206222206040060220066646062240664440666666606000606006 Certificate No : 570089579213
CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
09/29/2021
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
PRODUCER
Aon Risk Insurance Services West, Inc.
Phoenix AZ Office
2555 East Camelback Rd.
Suite 700
Phoenix AZ 85016 USA
PHONE
(A/C. No. Ext):
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
(866) 283-7122
INSURED INSURER A: Hartford Fire Insurance Co. 19682
INSURER B: Hartford Casualty Insurance Co 29424
INSURER C:
INSURER D:
INSURER E:
INSURER F:
FAX
(A/C. No.): (800) 363-0105
CONTACT
NAME:
Axon Enterprise, Inc.
17800 N. 85th Street
Scottsdale AZ 85255 USA
COVERAGES CERTIFICATE NUMBER: 570089579213 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
(MM/DD/YYYY)
SUBR
WVD
INSR
LTR
ADDL TYPE OF INSURANCE INSD POLICY NUMBER LIMITS
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
POLICY LOC
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
GEN'L AGGREGATE LIMIT APPLIES PER:
PROJECT
OTHER:
AUTOMOBILE LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
SCHEDULED
AUTOS
HIRED AUTOS
ONLY
NON-OWNED
AUTOS ONLY
BODILY INJURY ( Per person)
PROPERTY DAMAGE
(Per accident)
X
BODILY INJURY (Per accident)
$1,000,000 A 09/30/2021 09/30/2022 COMBINED SINGLE LIMIT (Ea accident)
59 UEN FN6060
EXCESS LIAB
OCCUR
CLAIMS-MADE AGGREGATE
EACH OCCURRENCE
DED
UMBRELLA LIAB
RETENTION
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
E.L. EACH ACCIDENT $1,000,000
X
OTHER
B 09/27/2021 09/27/2022 PER STATUTE
$1,000,000
Y / N
(Mandatory in NH)
ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED? N N / A
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
If yes, describe under
DESCRIPTION OF OPERATIONS below
$1,000,000
59WEAC0S6D
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Evidence of Insurance.
CERTIFICATE HOLDER CANCELLATION
Axon Enterprise, Inc. AUTHORIZED REPRESENTATIVE
17800 N. 85th Street
Scottsdale AZ 85255 USA
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
Participating WC/EL Insurance Companies
AGENCY CUSTOMER ID:
ADDITIONAL REMARKS SCHEDULE
LOC #:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance EFFECTIVE DATE:
CARRIER NAIC CODE
POLICY NUMBER
AGENCY NAMED INSURED
See Certificate Number:
See Certificate Number:
Aon Risk Insurance Services West, Inc.
570000007117
570089579213
570089579213
Page _ of _
Axon Enterprise, Inc.
-Twin City Fire Ins. Co. [AR, CT, FL, IA, ID, IN, LA, ME, MN, MT, NE, NH, NM, SC, SD, TN, WI, WV, ] -Hartford Underwriters Ins. Co. [MO, NC, NJ, TX]
-Property & Casualty Ins. Co of Hartford [DC]
-Hartford Insurance Company of the Midwest [CA]
-Hartford Accident and Indemnity Insurance Company [AZ, CO, MA, NV] -Hartford Fire Insurance Company [UT, VT, AL, MI, OK]
-Sentinel Ins. Co. [MD, NY, PA, VA]
ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Countersigned by
Authorized Representative
Form WC 00 03 13 Printed in U.S.A.
Process Date: 09/27/21 Policy Expiration Date: 09/27/22
WAIVER OF OUR RIGHT TO RECOVER
FROM OTHERS ENDORSEMENT
Policy Number: 59 WE AC0S6D Endorsement Number:
Effective Date: 09/27/21 Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address: AXON ENTERPRISE, INC.
17800 N 85TH ST
SCOTTSDALE AZ 85255
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
Any person or organization for whom you are required by contract or agreement to obtain this waiver from us.
Endorsement is not applicable in KY, NH, NJ or for any MO construction risk THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED AND
RIGHTS OF RECOVERY AGAINST OTHERS
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
A. Any person or organization whom you are required by contract to name as additional insured is an ''insured'' for LIABILITY COVERAGE but only to the extent that person or organizat ion qualifies as an ''insured'' under the WHO IS AN INSURED provision of Section II - LIABILITY COVERAGE.
B. For any person or organization for whom you are required by contract to provide a waiver of subrogation, the Loss Condition - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is applicable.
Form HA 99 13 01 87 Printed in U.S.A.
TO:
FROM:
SUBJECT:
Recommendation:
CITY OF DELANO
STAFF REPORT
MAY 162022
Agenda Item: 26
Honorable Mayor and Members of the City Council
Maribel Reyna, City Manager
By: Tyson Davis, Chief of Police
Approval to Purchase 65 new Sig Sauer P320 RXP Pistols and selling of current armory inventory of 120 current and surplus firearms through ProForce Law Enforcement FFL.
Staff recommends approval to purchase 65 new Sig Sauer P320 pistols, Romeo 2 Red Dot Reflex Optics, holsters and 9mm ammunition. It is also recommended that the approval include the sale of the current firearm inventory (120 current and surplus firearms) and stored .40Cal ammunition, which will provide credit towards the purchase of the new 9mm Sig Sauer weapon systems that includes the Romeo 2 Red Dot Reflex Optics.
Discussion:
The Delano Police Department is requesting approval to replace our officers' current third and fourth generation (GEN 3 & GEN 4) .40Cal Glock handguns and purchase new 9mm Sig Sauer P320 RXP Series handguns with Romeo 2 Red Dot Reflex Optics. The purchase of the Sig Sauer RXP (RXP) handguns, to include the Romeo 2 Red Dot Reflex Optics, will occur through our current supplier, ProForce Law Enforcement. The purchase would include 65 Sig Sauer RXP 9mm handguns, as well as all parts needed for use (Armorer tools, sights, and holsters).
ProForce Law Enforcement would include trade-in credits for 120 Glock and miscellaneous handguns, rifles, shotguns, and stored .40Cal ammunition, providing a savings of about $52,915.00 towards the cost of the new Sig Sauer handgun purchase. The Department currently has in inventory, 20 GEN 4 and 70 GEN 3 Glock pistols. These aging pistols were purchased in 2014 and 2008, respectively. The majority of the issued Glocks are the GEN 3 models, which are over 14 years old.
By introducing the Sig Sauer Romeo 2 Red Dot Sight (RDS) to our officers, we are providing them the most current sighting system offered on a handgun, making it easier to focus on a threat while keeping both eyes open to maintain a higher level of situational awareness. Maintaining constant sight alignment and sight picture allows the officer to make appropriate adjustments based upon split second changes that could occur within an encounter. With open sights or "iron sights", the officer must have a blurred target, while maintaining a clear front site. This does not allow the officer to maintain a clear picture of the threat in front of them. This reduces liability on the City and reduces the likelihood of unnecessary rounds being fired.
Within the last several years, technology has advanced exponentially, allowing the RDS system to be introduced into police work. In addition to the RDS allowing greater situational awareness, the RDS's are now rugged enough to survive the stressors of policework. Additionally, with the advancement in technology of sight systems, so has the capabilities of 9mm ammunition. While the 9mm round is smaller than our current .40Cal round, the 9mm round is capable of performing the same as the .40Cal round. There are many benefits of transitioning to the 9mm over the .40Cal round. The 9mm is a smaller round, therefore, the officer can carry more rounds on their person and within their weapon. The 9mm ammunition is more accessible for purchase and expected to be approximately 29% cheaper than the .40Cal ammunition. This will allow the Chief of Police to increase the practice and range time for the officers, which will increase the shooting accuracy, thus, reducing the liability to the City. Moreover, the recoil of the 9mm is significantly less than the .40Cal round, which allows the officer to regain a sight picture faster and reduces the likelihood of injury to the officer.
By purchasing the Sig Sauer handguns with RDS, it allows the officer to maintain a single focal point on the threat versus our current GEN 3 & 4 Glock handgun option of three focal points, requiring one eye to be closed. RDS eliminates the need to shift the officers focus from the threat to the sights mounted on the handgun by using a non-magnifying reflector system that projects a red dot (reticle) inside a closed system that the shooter uses to aim the handgun.
Furthermore, the Sig Sauer has three grip sizes which is sold in small, medium and large while the Glock does not. This allows officers with varying hand sizes to choose one of the grip sizes that fit their hand. This increases range practice scores; the overall Department shooting scores and reduces the likelihood of officers being unable to qualify.
Budget Impact:
The cost to replace our current GEN 3 & 4 Glock handguns with the latest Sig Sauer P320 handguns with Romeo 2 Red Dot Reflex Optics is $77,697.95. This cost includes new holsters, all necessary armorer tools, and accessories. With ProForce Law enforcement purchasing the older firearms in our current inventory and the ammunition that we will no longer require, the trade in value is shown on the attached quote as a credit of $52,915.00. The true budget impact would be $24,782.95.
The Delano Police Department Range fund will be utilized to cover the cost not covered by the trade in value of the excess firearms being sold to ProForce Law Enforcement.
Budget Impact: $24,782.95 to be paid out of the Training Range Budget 01-5442-200 Attachment( s)
ProForce Law Enforcement Trade Quote
ProForce Law Enforcement P320 Pistol Quote
ProForce Law Enforcement P320 Holster Quote
QUOTE# PAGE
IJDW.@FORCE 0 RD ER
595161 1
LAW ENFORCEMENT SHIP DATE
2$25 Ste.arm11n Dri"E!. Pre5cottAZ. 86.301
Tel: 928-776-7192 Fax: 928-'1'15--,M68
Q U O T E A.S.A.P.
ama ii: s� llls�prurcm:aonlina.com YtY/W. p raforwunlintl. oom SOLD
TO
DELANO POLICE DEPARTMENT
FINANCE DEPARTMENT
PO BOX 218
DELANO CA 93215
661-725-0631
JOB# IORD. DATEICUST.# ILOC. !SALESMAN
SHIP
TO
N/A 103/30/22 1008551 I A !GREGG MCCLUNG
QTY.
DELANO POLICE DEPARTMENT
1022 12TH AVENUE
DELANO CA 93215
SHIP VIA
FX G-FOB ORIGIN
UOM
FRT.
ORDER ITEM NO./DESC. UNIT PRICE DISC. NET PRICE
60 10
7360RD-4502-481
SFL 7360 HLST SAFSEV BW RH BLK
P320 RDS LGT(7360RDS-4502-481)
7360RD-4502-482
SFL 7360 HLST SAFSEV BW LH BLK
P320 RDS LGT(7360RDS-4502-482)
129.90
129.90
EA 7,794.00
.00
EA 1,299.00
.00
This quote is valid for 45 days from the da e of thE� quote, pending credit approval, and is subject to nventor�,
manufacturer's availability and price changE;. Pleape call to receive price update upon expiration.
ORDERING INSTRUCTIONS: Please n;ply to your sales rE0presentati ve in writing to process th s order or end an Email to [email protected]. For orde s over ' 5,000, a PO or signed quote is required o process tie order
Returned items are subject to 210% restockin< fee. Al sales are final on non-stocked/specia order item
IMPORTANT: To order from this <�uotation, p ease siqn below.
Printed Name:
Date:
Signature:
COMMENT
TERMS
P.O.: ---+------+----
rPm@FORCE
LAW ENFORCEMENT
2625 Ste.�rm11n Dri�'e- Prescott AZ, 86301
Tel: 928-776-7192 Fax: 928-'1'15--31168
em� ii: s� l11s�prufon:a1onlim1.tom m,w. p rcfvrwunlirie. oom SOLD
TO
DELANO POLICE DEPARTMENT
FINANCE DEPARTMENT
PO BOX 218
DELANO CA 93215
661-725-0631
JOB # IORD. DATEICUST.# ILOC. I SALESMAN
SHIP
TO
N/A 103/30/22 1008551 I A !GREGG MCCLUNG
QTY.
ORDER ITEM NO./DESC.
COMMENT
FOR CHRIS ALFORS
BY RYAN SCHREIBER
TERMS DUE NET 30 DAYS
0 R D E R
Q U O T E
QUOTE# PAGE
595161 2
SHIP DATE
A.S.A.P.
DELANO POLICE DEPARTMENT
1022 12TH AVENUE
DELANO CA 93215
SHIP VIA FRT.
FX G-FOB ORIGIN
UNIT PRICE
UOM
DISC.
SALES AMOUNT
8.250% SALES TAX
SUB TOTAL
NET PRICE
9,093.00
750.17
9,843.17
QUOTE# PAGE
rPW@FDRCE 0 R D E R
600261 1
LAW ENFORCEMENT SHIP DATE
2 6.2 5 Ste.a rm� n Dri�'e- Prescott AZ, 86.'l0 1
Tel: 928-776-7192 Fax: 928-'l-15-31168
Q U O T E A.S.A.P.
emc1 ii: s� l�s&lprufu11:eonli 110.com m,w. p rafurwunlir1t1. rum SOLD
TO
DELANO POLICE DEPARTMENT
FINANCE DEPARTMENT
PO BOX 218
DELANO CA 93215
661-725-0631
JOB # IORD. DATEICUST.# ILOC. I SALESMAN
SHIP
TO
N/A 105/09/22 1008551 I A I GREGG MCCLUNG
QTY.
DELANO POLICE DEPARTMENT
1022 12TH AVENUE
DELANO CA 93215
SHIP VIA
FX G-FOB ORIGIN
UOM
FRT.
ORDER ITEM NO./DESC. UNIT PRICE DISC. NET PRICE
65 1
NON-STOCK
W320F-9-BXR3-PRO-RXP-ROMEO2
964.36 EA 62,683.40
.00
XFET .00 EA
THIS ITEM FET OUT .00
IMPORTANT NOTICES:
This quotation is based on the ssuance of i. department purchase order and F.E.T. form.
ATF or the manufacturer may req1ire additio1al
forms. Sample forms may be fou1d at:
http://www.ProForceonline.com/forms.html
Standard Terms are Net 30 days. If departm,�nt poli y does not allow for partial shipments and payment , separi.te purchase orders for each item w 11 be neces�ary.
Standard manufacturer's warrantv applies to all dep.trtment This quote is valid for 45 days
pending credit approval, and is
availability and price change.
if this bid is still pending on
updated pricing.
from date o issue,
subject to rttanufact1rer's
Please call (800) 3 i7-5855
the expirat on date for
ProForce Law Enforcement agrees to defend, ndemnifv and hold harmless its customers fron claims for persona
COMMENT
TERMS
.00
QUOTE# PAGE
!Pm@FORCE 0 R D E R
600261 2
---LAW ENFORCEMENT SHIP DATE
2 6,2 5 Ste.ti rm11 n Dri'le. Ptlfflt:Ott AZ, 86.301
Tel: Q28-776-7192 Fax: 928-'1'15-31168
Q U O T E A.S.A.P.
ema ii: silhisgprurcm:aKJnlina.com YIY/W. p raforceunlir1e. oom SOLD
TO
DELANO POLICE DEPARTMENT
FINANCE DEPARTMENT
PO BOX 218
DELANO CA 93215
661-725-0631
JOB # !ORD. DATEICUST.# ILOC. !SALESMAN
SHIP
TO
N/A 105/09/22 1008551 I A !GREGG MCCLUNG
QTY.
DELANO POLICE DEPARTMENT
1022 12TH AVENUE
DELANO CA 93215
SHIP VIA
FX G-FOB ORIGIN
FRT.
ORDER ITEM NO./DESC. UNIT PRICE
UOM
DISC. NET PRICE
injury or property damages, to he extent a ising f om the negligent acts or omissions of )roForce Law Enforcerrrent or its employees, agents or indepe1dent contra"tors.
ORDERING INSTRUCTIONS: Please rEeply to your sales r�presentative in writing to process th s order or end an ,�mail to [email protected]. For orde s over 5,000, a PO or signed quote is required o process tl�e order
Returned items are subject to 21D% restockinc� fee. A 1 sales are final on non-stocked/specia order items
IMPORTANT: To order from this c�uotation, p ease si•in below.
Printed Name:
Date:
Signature:
COMMENT
FOR CHRISTOPHER ALFORS
BY RYAN SCHREIBER
TERMS DUE NET 30 DAYS
P.O.: ---+----+----
SALES AMOUNT
8.250% SALES TAX
SUB TOTAL
62,683.40
5,171.38
67,854.78
[;e{Xl@FORCE
LAW ENFORCEMENT
2625 Stl'!arm�n Dri,-e. Pt-e,;r.ott /\Z, 86301
Tel: 928- 776-7192 Fax: 928-11115-31168
01m1il: siJlijsgprorurcijonli 110.tom \YYIW. p ruforceunlimj. wm SOLD
TO
DELANO POLICE DEPARTMENT
FINANCE DEPARTMENT
PO BOX 218
DELANO CA 93215
661-725-0631
JOB# !ORD. DATEICUST.# ILOC. I SALESMAN
SHIP
TO
N/A 103/07/22 1008551 I A IGREGG MCCLUNG
QTY.
ORDER ITEM NO./DESC.
20 TRADES-CA
CREDIT FOR TRADES-IF NOT SENT
AS SPECIFIED, MAY BE REDUCED
QUOTE# PAGE
0 RD ER
591809 1
SHIP DATE
Q U O T E A.S.A.P.
DELANO POLICE DEPARTMENT
1022 12TH AVENUE
DELANO
UNIT PRICE
240.00-
CA 93215
SHIP VIA IFRT.
FX G-FOB ORIGIN I
UOM
DISC.
EA
.DO
NET PRICE
4,800.00CR
QTY 20 GLOCK 22 GEN 4 4 0SW PISTC�LS WITH NIGJ T SIGHT. , AND 3 MAGS EACH.
70 4
-5.00 FOR ANY MISSING MAGS
TRADES-CA
CREDIT FOR TRADES-IF NOT SENT
AS SPECIFIED, MAY BE REDUCED
230.00- EA
.OD
16,100.00CR
QTY 70 GLOCK 22 GEN 3 40SW PISTOLS WITH NIGJaT SIGHT, , AND 3 MAGS EACH.
-5.00 FOR ANY MISSING MAGS.
TRADES-CA
CREDIT FOR TRADES-IF NOT SENT
AS SPECIFIED, MAY BE REDUCED
280.00- EA
.DO
1,120.00CR
QTY 4 GLOCK 21 GEN 3 45ACP PISTOLS WIHT NIGl[T SIGHT', AND 3 MAGS EACH.
-5.00 FOR ANY MISSING MAGS.
COMMENT
TERMS
IJD!Xl@FORCE
LAW ENFORCEMENT
2625 Stearm,m Dri�-e. Presr.ott AZ, 86301
Tel: 928- 776-7192 Fax: 928-'l-15-31168
enlilil: s�lusgprofun;uonlina.tom \'IY1w.µrufon:eunline.com SOLD
TO
SHIP
TO
0 RD ER
Q U O T E
QUOTE# PAGE
591809 2
SHIP DATE
A.S.A.P.
DELANO POLICE DEPARTMENT
FINANCE DEPARTMENT
DELANO POLICE DEPARTMENT
1022 12TH AVENUE
PO BOX 218
DELANO CA 93215
661-725-0631
DELANO CA 93215
JOB # IORD. DATEICUST.# ILOC. I SALESMAN SHIP VIA FRT.
N/A 103/07/22 1008551 I A jGREGG MCCLUNG FX G-FOB ORIGIN I QTY.
ORDER ITEM NO./DESC. UNIT PRICE
UOM
DISC.
9 1
3 1
TRADES-CA 295. 00- ·EA
CREDIT FOR TRADES-IF NOT SENT .00
AS SPECIFIED, MAY BE REDUCED
QTY 9 RUGER MINI 14 / RANCH RIF�ES 223 CALIJ,ER
GOOD CONDITION
TRADES-CA 80.00- EA
CREDIT FOR TRADES-IF NOT SENT .00
AS SPECIFIED, MAY BE REDUCED
QTY 1 RUGER MINI 14 / RANCH RIF,E. NEEDS RE'AIR
TRADES-CA
CREDIT FOR TRADES-IF NOT SENT
AS SPECIFIED, MAY BE REDUCED
QTY 3 S&W MODEL 19 357MAG REVOL' ERS
TRADES-CA
CREDIT FOR TRADES-IF NOT SENT
AS SPECIFIED, MAY BE REDUCED
240.00-
435.00-
QTY 1 COLT COMBAT COMMANDER 45AI P PISTOL
COMMENT
TERMS
EA
.00
EA
.00
NET PRICE
2,655.00CR
80.00CR
720.00CR
435.00CR
QUOTE# PAGE
0 RD ER
LAW ENFORCEMENT
591809 3
SHIP DATE
2625 Ste.ffrmffn Dri�·e. l're5r.ott 112, 86301
TeUJ28-776-7192 Fax: 928-��5--31168
Q U O T E A.S.A. P.
emu ii: Sil Jys�lprorcm:;!lonline.curn w11w. µ ra rurwunlin!I. IXlm SOLD
TO
SHIP
TO
DELANO POLICE DEPARTMENT
FINANCE DEPARTMENT
DELANO POLICE DEPARTMENT
1022 12TH AVENUE
PO BOX 218
DELANO CA 93215
661-725-0631
JOB # IORD. DATEICUST.# ILOC. !SALESMAN
N/A 103/07/22 1008551 I A !GREGG MCCLUNG
QTY.
ORDER ITEM NO./DESC.
1 TRADES-CA
CREDIT FOR TRADES-IF NOT SENT
AS SPECIFIED, MAY BE REDUCED
DELANO
UNIT PRICE
320.00-
QTY 1 COLT MK IV SERIES 80 1911 45ACP
2 1
1 TRADES-CA 225. 00-
CREDIT FOR TRADES-IF NOT SENT
AS SPECIFIED, MAY BE REDUCED
QTY 2 COLT DETECTIVE SPECIAL 38 SPL REVOLVE] S
TRADES-CA
CREDIT FOR TRADES-IF NOT SENT
AS SPECIFIED, MAY BE REDUCED
450.00-
QTY 1 COLT DELTA ELITE GOV 1911 45ACP
TRADES-CA
CREDIT FOR TRADES-IF NOT SENT
AS SPECIFIED, MAY BE REDUCED
QTY 1 RUGER GPlOO REVOLVER
COMMENT
TERMS
300.00-
CA 93215
SHIP VIA FRT.
FX G-FOB ORIGIN I
UOM
DISC.
EA
.00
EA
.00
EA
.00
EA
.00
NET PRICE
320.00CR
450.00CR
450.00CR
300.00CR
[P!Xl@FORCE
LAW ENFORCEMENT
2 625 Stea rm� n Driw�. Pre5r.ott /12, 86301
Tel: il.28-776-7192 Fax: 928-��5--31168
11111.iil: s�lesgpn,fun:a1unli110.tum \YY1w.µraro�unlin0.oom SOLD
TO
DELANO POLICE DEPARTMENT
FINANCE DEPARTMENT
PO BOX 218
DELANO CA 93215
661-725-0631
SHIP
TO
JOB# IORD. DATEICUST.4t ILOC. ISALESMAN
N/A 103/07/22 1008551 I A IGREGG MCCLUNG
QTY.
ORDER ITEM NO./DESC.
2 1
1 1
TRADES-CA
CREDIT FOR TRADES-IF NOT SENT
AS SPECIFIED, MAY BE REDUCED
QTY 2 RUGER 10/22 22LR RIFLES
TRADES-CA
CREDIT FOR TRADES-IF NOT SENT
AS SPECIFIED, MAY BE REDUCED
QTY 1 REM 722 RIFLE
TRADES-CA
CREDIT FOR TRADES-IF NOT SENT
AS SPECIFIED, MAY BE REDUCED
QTY 1 REMING 870 12GA SHOTGUN
TRADES-CA
CREDIT FOR TRADES-IF NOT SENT
AS SPECIFIED, MAY BE REDUCED
QTY 1 REMINGTON 1100 12GA SHOTG,�N
COMMENT
TERMS
QUOTE# PAGE
0 RD ER
591809 4
SHIP DATE
QU OT E A.S.A. P.
DELANO POLICE DEPARTMENT
1022 12TH AVENUE
DELANO
UNIT PRICE
80.00-
60.00-
130. 00-
130.00-
CA 93215
SHIP VIA IFRT.
FX G-FOB ORIGIN I
UOM
DISC.
EA
.00
EA
.00
EA
.00
EA
.00
NET PRICE
160.00CR
60.00CR
130.00CR
130.00CR
.
[P[Xl@FORCE
LAW ENFORCEMENT
2625 Stec1rm�n Dri�-e. Pr-ec5r.ott AZ, 86301
Tel: 928-776-7192 Fax: 928-11-15-31168
11111.iil: su(ijsgµrurcm:eunli1111.cum m1w.µrufort11u11lint1.wm SOLD
TO
DELANO POLICE DEPARTMENT
FINANCE DEPARTMENT
PO BOX 218
DELANO CA 93215
661-725-0631
SHIP
TO
JOB# !ORD. DATEICUST.# ILOC. I SALESMAN
N/A 103/07/22 1008551 I A !GREGG MCCLUNG
QTY.
ORDER ITEM NO./DESC.
1 1
31,000
TRADES-CA
CREDIT FOR TRADES-IF NOT SENT
AS SPECIFIED, MAY BE REDUCED
QTY 1 MOSSBERG SODA 12GA SHOTGUJJ
TRADES-CA
CREDIT FOR TRADES-IF NOT SENT
AS SPECIFIED, MAY BE REDUCED
QTY 1 REM 788
TRADES-CA
CREDIT FOR TRADES-IF NOT SENT
AS SPECIFIED, MAY BE REDUCED
QUOTE# PAGE
0 RD ER
591809 5
SHIP DATE
Q U O T E A.S.A.P.
DELANO POLICE DEPARTMENT
1022 12TH AVENUE
DELANO CA 93215
SHIP VIA FRT.
FX G-FOB ORIGIN
UOM
UNIT PRICE DISC. NET PRICE
130.00-
175.00-
.25-
EA
.00
EA
.00
EA
.00
130.00CR
175.00CR
7,750.00CR
QTY 31,000 ROUNDS FEDERAL TACTICAL AMMO 40S\J
113,000 TRADES-CA
CREDIT FOR TRADES-IF NOT SENT
AS SPECIFIED, MAY BE REDUCED
QTY 113,000 ROUNDS DEDERAL TARGLT 40SW
.15- EA
.00
16,950.00CR
This quote is valid for 45 days from the da e of th1i quote, pending credit approval, and is subject to nventor•,
manufacturer's availability and price chang1. Plea: e call
COMMENT
TERMS
I !F!Xl@FORCE
LAW ENFORCEMENT
2625 Ste.arm�n Dri1-e. Pre<';r.ott /\Z, 86301
Tel: 928-776-7192 Fax: 928-�-15-,3,]68
emuil: sulijsgprufun:;ijunlina.tum lYYIW.prafun;eunliml.OOm SOLD
TO
DELANO POLICE DEPARTMENT
FINANCE DEPARTMENT
PO BOX 218
DELANO CA 93215
661-725-0631
SHIP
TO
0 RD ER
Q U O T E
QUOTE# PAGE
591809 6
SHIP DATE
A.S.A.P.
DELANO POLICE DEPARTMENT
1022 12TH AVENUE
DELANO CA 93215
JOB # !ORD. DATEICUST.# ILOC. I SALESMAN SHIP VIA JFRT.
N/A 103/07/22 1008551 I A !GREGG MCCLUNG FX G-FOB ORIGIN I QTY.
ORDER ITEM NO./DESC. UNIT PRICE
UOM
DISC. NET PRICE
to receive price update upon expiration.
ORDERING INSTRUCTIONS: Please rE�ply to your sales r1�presentative in writing to process th s order or end an 1mail to [email protected]�m. For orde s over 5,000, a PO or signed quote is required o process tl e order
Returned items are subject to 2 J% restockinc fee. A 1 sales are final on non-stocked/specia order item:
IMPORTANT: To order from this c�otation, p ease sicJn below.
Printed Name:
Date:
Signature:
COMMENT
FOR DELANO PD
DUTY TRADE QUOTE
BY RYAN S
TERMS DUE NET 30 DAYS
P.O.:
---+---------
SALES AMOUNT 52,915.00CR
8.250%
CITY OF DELANO
STAFF REPORT
Agenda Item: 27
May 16, 2022
To: Honorable Mayor and Members of the City Council
From: Maribel Reyna, City Manager
Christopher Mynk, Interim Community Development Director Subject: Discussion regarding the addition of two new positions for Code Enforcement
Recommendation
Amend City Budget and authorize City Manager to recruit and hire two additional part-time Code Enforcement personnel.
Background
On September 2, 2021, Council requested City staff to review the potential of hiring three additional Code Enforcement personnel. Currently, the Code Enforcement Division has an allocation of two staff. Both positions are titled Code and Building Enforcement Officer (Entry Level and Certified). In 2018, the Code Enforcement Division was moved to Community Development. Prior to the Division being managed by the Community Development Department, Code Enforcement was housed with the Police Department.
Since that time, two recruitments were completed, and the two positions were filled. The two current Officers were hired as entry level and have been undergoing training to become certified. Attached is a report highlighting recent activities by the Code Enforcement Division, including statistics regarding the most common types of citations issued around the City.
On November 1, 2021, staff presented a report based on a request from Council for additional staff. At that time staff recommended the following structure for the Code Enforcement Division:
One Code and Building Enforcement Supervisor (New)
Three Code and Building Enforcement Officers (One New, two existing) One Permit Technician (New)
At the hearing staff was directed by Council to bring the item back in 2022, after the midyear budget review was complete.
Discussion
The Code Enforcement Division has a main function of ensuring compliance of private property with building and planning codes. The City defines the Code Division functions as the following:
o Administers a fair and unbiased enforcement program to correct violations of property conditions and land-use requirements.
o Provides a uniform, consistent procedure to ensure that all citizens are equally represented.
o Minimizes the necessity for legal action by allowing ample opportunity for voluntary compliance and correction.
o Promptly responds to complaints regarding structures and/or conditions that present a health or safety hazard to the public.
In reviewing multiple other jurisdictions, other Code Enforcement Departments have similar functions, all relating to private property. Staff recognizes that there are many regulations within the City, and that from time to time, some of those regulations are not adhered to by residents. Staff has been apprized to some recent trends in the City that need to be addressed. Some of these include illegal vendor activity, especially around holidays; homeless encampments; and parking violations.
While these enforcement activities are not traditionally part of the Code Enforcement function, staff sees the need for the City to have a specific department tasked with ensuring compliance with various regulations. In order to increase enforcement of these additional tasks, staff is requesting two part-time Code Enforcement Officers.
These Officers would provide additional support to our current two Officers and would allow the Department to work additional hours outside the normal business hours of the City.
In addition to the two new positions, Community Development Staff has begun working directly with the Chief of Police to institute policies and practices to allow for cross department cooperation. Due to the complexity of some of the enforcement operations, it is essential to have this multi-departmental coordination.
Budget Impact
The proposed action will result in an increase the City’s adopted budget by an estimated $84,658 per year.
ATTACHMENT
Code Enforcement Update
0 5 10 15 20 25 30 35 40 45
OTHER
ANIMALS AND FOWL
SUBSTANDARD HOUSING
COMMERCIAL VEHICLE ON RESIDENTIAL ZONE
SIGN VIOLATION
NO BUSINESS LICENSE
INOPERATIVE VEHICLES
ACCUMULATION OF TRASH
WEED ABATEMENT
BUILDING PERMIT REQUIRED
OBSTRUCTING SIDEWALK
ENCROACHING ON PROPERTY SETBACKS
9 5
9 7
1 12
14 23
31 43
7 5
Code Cases Since March 2021
CITY OF DELANO
STAFF REPORT
May 16, 2022
Agenda Item: 28
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Noemi A. Zamudio, Human Resources Director
SUBJECT: Adopt resolution approving the revised class specification for Code & Building Enforcement Officer
Recommendation
Staff recommends City Council adopt the revised Job Description for Code & Building Enforcement Officer.
Discussion
Staff has determined the need to update the Code & Building Enforcement Officer job description as follows:
• Include the ability to work shift work, weekends, and evening hours.
With the City’s growth, staff sees a need for enforcement of the Municipal Code on the weekends and evening hours. Revising the job description will allow Management to adjust work schedules to best fit the City’s needs.
The intent will be for part-time staff to primarily cover the weekends and evening hours if City Council approves the addition of part-time staff.
The recommended changes were discussed with DCEA.
Budget Impact
None
Attachment(s)
Resolutions
Job Description
Red Lined Job Description
RESOLUTION NO. 2022 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELANO
ADOPTING THE REVISED CLASS SPECIFICATION OF THE CODE &
BUILDING ENFORCEMENT OFFICER
WHEREAS, the City Council may from time to time find it necessary to review City operations; and
WHEREAS, the City Council may find it in the best interest of the City to revise class specifications to meet the needs of the City’s operations; and WHEREAS, the City Council may find it necessary to define Salary Ranges for revised class specifications; and
NOW THEREFORE, BE IT RESOLVED, as follows
1. The foregoing recitals are true and correct.
2. The class specification of Code & Building Enforcement Officer is included in the Miscellaneous Bargaining Unit and on the Miscellaneous Unit Salary Schedule at the Salary Grade of 115 (Entry Level) and Salary Grade of 135 (Certified).
3. THAT STAFF hereby recommends to the City Council that it ADOPT the proposed revised job specification of the Code & Building Enforcement Officer, based on the findings enumerated hereinabove.
PASSED AND ADOPTED by the City Council of the City of Delano at a regular meeting held on the 16th day of May 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Bryan Osorio, Mayor
ATTEST:
_______________________________
Ricardo Chavez, City Clerk
Passed and Adopted 05-16-22
Resolution No. 2022-
CITY OF DELANO
CLASS SPECIFICATION
Disclaimer - Class descriptions are written as a representative list of the ADA essential duties performed by the entire job classification. They cannot include, and are not intended to include, every possible activity and task performed by every specific employee in every position.
JOB TITLE: CODE & BUILDING ENFORCEMENT OFFICER
FLSA STATUS: Non-Exempt
JOB PURPOSE:
Under direction from the XXXX (Director or Supervisor of identified Department) or his/her designee, performs work of routine difficulty to secure compliance with zoning regulations, Municipal Codes and related Government Codes, Uniform Housing Codes (including Uniform Codes for the Abatement of Dangerous Buildings). Resolve issues within established policy. This classification receives direct supervision and administrative direction from the XXXX (Director or Supervisor of identified Department) or his/her designee.
DISTINGUISHED CHARACTERISTICS:
This classifications is located in the Community Development Office and is distinguished from the classification of Building Inspector in that he/ she focuses on the non-technical aspects of the Building Codes in inspections and investigations. Investigations and inspections normally falling within the purview of the classification are both closely related to and outside of the City’s permit processes. In the conduct of daily business, the classification is authorized to gain compliance by education, persuasion, negotiation, or the issuance of citations for any violations of the Delano Municipal Code. The classification is different from Police Officer by the absence of Peace Officer status and authority.
ESSENTIAL DUTIES AND RESPONSIBILITIES include the following:
Disclaimer- This list is meant to be representative, not exhaustive. Some incumbents may not perform all the duties listed. In other cases related duties may also be assigned. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
• Interpreting the Municipal Code and other applicable regulations during investigation of complaints and/or other violations
• Investigates routine complaints from the public, City departments, or other public agencies. • Prepares detailed reports on building conditions and violation. • Prepares periodic activities reports and correspondences. • Prepares and processes appropriate corrective orders, and acts to enforce and gain necessary compliance with, but not limited to, appropriate zoning, housing, and local or state codes and ordinances.
• Coordinates with other department and agencies to assess jurisdiction in terms of code violations being pursued and in assisting the public in obtaining solutions to code violations. • Issues stop-work orders when appropriate.
• Issues correction notices and citations.
• Prepares, documents, and tracks procedures set forth in the City Municipal Code for the abatement of public nuisances.
• Works with the Office of the City Attorney and Municipal Court when legal action is necessary.
Code & Building Enforcement Officer 2
• Provides court testimony when required.
• Maintain a close working relationship with the City departments, County departments and agencies, as well as state agencies to facilitate the City’s codes enforcement program and obtain assistance in the prosecution of investigations.
• Investigates complaints concerning new construction or work involving permits. • Conducts field inspections of building sites in process of construction, alteration or repair for compliance with building and related codes and regulations, for safe application of construction and installation practices.
• Inspects sites and buildings before construction or alteration to determine practicability of plans, compliance, and regulations, and validity of permits.
• Researches ownership and lien holders of subject properties. • Enforces deadlines, tracks cases and documents the procedures taken by the City to hold responsible parties accountable to abating code violations. • Interacts with the public in potentially volatile situations. Resolves disputes in a tactful and productive manner.
• Prepares and maintains a comprehensive file system of investigations and inspections. • Prepares and provides timely and comprehensive reports. • Performs a variety of other duties as assigned.
MINIMUM QUALIFICATIONS:
The requirements listed below are representative of the knowledge, skills and abilities required to satisfactorily perform the essential duties and responsibilities.
Knowledge of:
• Uniform Codes related to housing, abatement of dangerous buildings, and applicable Delano Municipal Codes.
• Applicable laws and ordinances regulating building construction and zoning. • Maintaining complete files, investigative records and other relevant evidence for use in administrative and legal proceedings.
• Equipment and procedures used to research property ownership. • Principles, practices, and techniques of investigation and inspection. • Correct use of oral and written English, and proper spelling, punctuation, and composition. • Use of desktop computer and associated software.
Skilled in:
• Reading, interpreting and enforcing complex codes and regulations. • Conducting effective and timely investigations.
• Compiling and preparing clear and concise reports.
• Organizing and maintaining accurate records and files documenting investigations and inspections suitable for reference in litigation.
• Dealing with the public under stressful, contentious, and confrontational conditions. • Recognizing dangerous situations and reacting appropriately. • Organizing and prioritizing assigned work.
• Establishing and maintaining effective working relationships with those contacted in the course of work.
• Communicating tactfully and effectively with the public and employees. • Using initiative and making sound and independent judgments within established parameters and guidelines.
Code & Building Enforcement Officer 3
• Respond effectively to oral as well as written instructions.
Ability to:
• Be consistent in meeting employment obligations by reporting on time and working full workdays and workweeks to include shift work, weekends, and evening hours as assigned. • Handle compliance cases independently.
• Communicate clearly and concisely in oral and written English. • Prepare clear and concise reports, correspondence, and other written materials. • Read, interpret, and apply established required codes and City policies, procedures, practices, and regulations.
• Follow oral and written instructions.
• Maintain confidentiality.
• Establish and maintain accurate records.
• Make rapid and sound independent judgments.
• Operate a desktop computer and related programs, including spreadsheet and word processing programs.
• Physically be present at the worksite to ensure proper staffing levels.
EDUCATION and/or EXPERIENCE:
Any combination of education and experience that demonstrates possession of the requisite knowledge, skill and abilities. A typical way to obtain these would be:
Entry Level:
• High School Diploma or an equivalent certificate or diploma recognized by the State of California.
• Possess an Associate’s Degree or two (2) full academic years of attendance at an accredited college or university with a major in engineering, architecture, construction technology, administration of justice or another related field, may be substituted for one year of experience. • Two (2) years of experience in working with issues involving building codes, related law, planning, code enforcement, zoning, building construction, building permit issuance or related field.
• Possess an appropriate California Driver License with a driving record acceptable to the City.
Certified:
In addition to the above listed requirements, must also have:
• Possession of any certification from an accredited Municipal Code Enforcement organization • A PC 832 Certificate
• Possession of a Building Inspector Certificate from the International Code of Council (ICC) .
PHYSICAL DEMANDS AND WORK ENVIRONMENT: The physical demands described here are Code & Building Enforcement Officer 4
representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
The employee must be able to sit or stand for lengthy periods of time in both indoors and a variety of outdoor physical and weather environments. Frequently is required to use hands to finger, handle, or feel; reach with hands and arms; and talk or hear. Walk over uneven ground, climb stairs and ladders, work at heights, stoop, bend, kneel, and work in confined places. Drive an automobile. Must possess the manual dexterity to use keyboard equipment and be able to lift up to 50 lbs.
CITY OF DELANO
STAFF REPORT
May 16, 2022
Agenda Item: 29
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Christopher Mynk, Interim Community Development Director SUBJECT: Abatement of property located at 705 Dover Pl., Delano, CA 93215 _____________________________________________________________________________
RECOMMENDATION
Staff recommends the City Council:
1. Approve the abatement of the debris and inoperative vehicles from property.
CASE INFORMATION
File No. CODE 2019-0219
Property Owner Arthur M. Rodriguez
Location 705 Dover Pl. Delano CA 93215
Zoning Designation Single Family Residential
General Plan Designation Low Residential
CASE FACTS
Violations:
1. DMC 10.40.020 - Illegal Storage of Abandoned, Inoperable Vehicles
2. DMC 7.32.010(F) - Maintenance of property—Specified standards.
Description
The property has been in violation since 2019. Below are dates and observations made by City staff:
2 June 17, 2019 - Property was cited due to accumulation of trash, debris, and abandoned vehicles throughout the side, rear, and front yards. A notice of violation letter was sent to the address on file.
June 25, 2019 - A notice of a non-delivery was received, the notice of violation was resent.
July 23, 2019 - Owner came into the office to inquire about the notice. A copy of the violation was provided and was given to the end of the year to comply.
January 13, 2020 - Code enforcement conducted a follow up site inspection. Noted no progress was made. A notice of violation was sent.
January 15, 2020 - Owner came into the office. A copy of the certified mail letter was provided.
March 10, 2020 - Code enforcement conducted a follow up site inspection. Noted no progress was made. 1st Administrative citation was sent.
May 14, 2020 - A follow up site inspection was made. Noted no progress was made. The administrative citation was never claimed and was returned sender. The citation was resent.
December 14, 2020 - A follow up site inspection was made. Noted no progress was made.
Accumulation of trash and debris was worsening.
December 15, 2020 - Second administrative citation was sent.
January 11, 2021 - A follow up site inspection was made. Noted no progress was made.
August 4, 2021 - A complaint was received regarding the property. A site inspection was made, the property was still in violation. Third administrative citation was sent.
November 18, 2021 - A follow up site inspection was made. Noted no progress was made. Forth administrative citation was issued.
February 17, 2022 - A follow up site inspection was made. Noted no progress was made. Fifth administrative citation was issued.
May 2, 2022 - A follow up site inspection was made. Noted no progress was made. Sixth administrative citation was issued.
Remedy
1. Property owner is to remove all trash and debris accumulated throughout the property, remove the inoperative vehicles from property and pay the outstanding fines.
2. Authorize the City to abate violation
3 Fiscal Impact
Estimate abatement costs for this property $20,000. The City has sufficient funds budgeted in FY 22/23 under line item 01-86BB-105 to cover these costs no additional funds deemed necessary.
Attachments
Photos
Notice of Violations
Administrative Citations
Return Receipts
Returned Letters
CITY OF DELANO
STAFF REPORT
May 16, 2022
Agenda Item: 30
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Christopher Mynk, Interim Community Development Director SUBJECT: Discussion and approval of a City Donation Request for the Kiwanis Club for the July 4, 2022 Fireworks Show (to take place on July 3, 2022) _____________________________________________________________________________ Recommendation
Staff recommends that the City Council discuss and approve a donation to the Kiwanis Club to help fund the Community Fireworks Show for 2022.
Discussion
The Kiwanis Club is requesting a donation from the City to add to their budget for the fireworks show. The current balance in the Community Promotions budget is $6,818. According to the proposal, in addition to committing the city-donated funds raised towards the fireworks show, Kiwanis also solicits funds from the community to assist with the display.
Kiwanis proposes to hold aerial only fireworks show on Sunday evening, July 3, 2022, focusing on a patriotic theme. The City's Airport will serve as the discharge site. The set-up time will be 12:00 PM - 6:00 PM. The fireworks show time will depend on the sunset, scheduled to begin at approximately 9:15 PM. The length of the fireworks show will be approximately 20-30 minutes.
Clean-up time for the show site will be at 11:00 PM and will last about 1 1/2 hours.
Budget Impact
The remaining budget amount for Community Promotions is $6,818.00 (fund 01-5304-100). Kiwanis is also required to submit all other City applications to have the fireworks display, including to but not limited to a Temporary Outdoor Events Application for usage of the airport property. The Kiwanis Club will also be responsible for acquiring all other agencies' permits and clearances.
Attachments:
Kiwanis Club of Delano Fund Donation Request
1 Mr. William Card April 29, 2022
City of Delano
Community Development Dept.
1015 11th Avenue
Delano, CA 93215
Mr. Card or whom it may concern,
The Kiwanis Club of Delano is requesting to provide the community of Delano with a fireworks display for 2022 through this “Request for Proposal” (RFP) to the City of Delano.
The club will plan, organize, and conduct the activities to provide the Citywide Fireworks Show. The club will contract with the pyrotechnic company for the community show, and obtain all permits, and clearances, as required. The club commits to providing the funds necessary to pay for the show. The funds may be solicited from the community.
The club has provided the show to the community since 2006 through club assets and community donations. The club has consistently worked with the local agencies to provide a safe, enjoyable, and patriotic celebration of our country’s founding.
All required permits are obtained from the City of Delano and Kern County Fire Department, along with clearances through the Federal Aviaition Administration, when using the Delano Airport as the “firing” site.
The club has a solid working relationship with Zambelli Fireworks, the licensed pyrotechnical company that provides the fireworks and technicians for the show.
The club actively conducts fundraisers and solicits donations to support the fireworks display. In the past, the club has provided “family fun days”, barbeques, games, and activities as part of the celebration for the show. The club has participated in the sale of fireworks in conjunction with the Delano Historical Society. Proceeds from the sales have assisted with the fireworks display.
The Kiwanis Club of Delano
Serving the International Community of Delano
2101 5th Drive, Delano, CA 93215 (661) 725-1286
2 Name: Kiwanis Club of Delano
Address: P.O. Box 368, Delano, CA 93216 Phone #: (661) 725-1286 The Kiwanis Club of Delano was chartered on November 19, 1954. The club has a Federal Tax ID of # 95-6069908, as a 501(c)7 organization. It is a corporation under the State of California as # 0298437, and is registered as a charitable trust # 32322.
The club currently meets at the Delano Heritage Park on Friday at noon. The club currently has 16 members. (See attached roster)
The purpose of the Kiwanis Club of Delano is to assist and engage in all activities which serve charitable, benevolent, eleemosynary, educational, religious, or scientific purposes.
Specifically, the club conducts the Annual Easter Egg Hunt or EggVent Drive-Thru (40 years), the Festival of Carols (33 years), which incorporates community musicians, vocalists, and performers with the choirs from the elementary schools, and high schools in a Christmas celebration. The music program also raises money and food donations for needy families. In addition the club provides a free barbecue for the FFA and 4H participants at the annual Junior Livestock show. In the five years prior to the pandemic, the club hosteda “Pumpkin Patch” for the community at Heritage Park. The event provides a program for elementary students from transitional kindergarten to second grade. The students are provided a historical tour of the park, a storytime, craft time, and games. Then, a pick of a pumpkin to take home with their handmade craft and goodie bag.
The club sponsors “Key Clubs” at Delano High school, Robert F. Kennedy High school, and Wonderful College Prep Academy. The “Key Clubs” are youth service organizations. The club is a sponsor for SCICON, a science conservation, and nature camp for our youth.
Several times throughout the year, the club has provided hygiene care bags to the homeless and to special needs High School students. The club also participates in many activities, projects, and programs that benefit the citizens of our community. The club states that it will abide by the rules and requirements, as set forth in the “Fireworks Permit General Requirements” for the Citywide Fireworks Show.
3 Kiwanis Club of Delano
2021-22 Officers
President: Claribel Gutierrez
565 Lexington St., Apt. A
Delano, CA 93215
President-Elect: Cindy Kinsey
2101 5th Dr.
Delano, CA 93215
Vice-President: Dan Madriaga
134 Dover Place
Delano, CA 93215
Secretary/ Treasurer: Steven Kinsey
2101 5th Drive
Delano, CA 93215
Immd. Past President: Jim Koontz
PO Box 257
Ducor, CA 93218
Board of Directors: Dorsey Driggs
1205 Oxford St.
Delano, CA 93215
Jim Sevier
3005 Sunray Ct.
Bakersfield, CA 93308
4 Delano Citywide Fireworks Show 2022
Date: Sunday, July 3, 2022
Start time: 9:15 pm approx. (depending on sunset)
Set Up/ Prep time: 12:00 pm – 6:00 pm
Cleanup/ Area Cleared: 11:00 pm (1 ½ hrs)
Show Duration: 20-30 min. ( depending on funds)
Intensity levels/ Gaps between bursts: High and low/ 30 secs. or less. (depends on pyrotechnicians and safety officer)
Percentage ratio of low/ high burst fireworks: approx 50/50 The show is an aerial only fireworks display that focuses on the patriotic theme for the Fourth of July holiday. The reason for shooting the fireworks on a day other than the Fourth of July, is that the cost can double for the show set on the Fourth. The communities money goes farther, if set on an another day.
Submitted on behalf of:
Kiwanis Club of Delano ________________________________ Date _____________ Steven Kinsey, Secretary/ Treasurer
4/29/22
CITY OF DELANO
STAFF REPORT
May 16, 2022
Agenda Item: 31
TO: Honorable Mayor Osorio and Members of the City Council FROM: Maribel Reyna, City Manager
By: Ricardo G. Chavez, City Clerk
SUBJECT: Discussion regarding Disc Golf in local city parks (Mayor Pro Tem Vasquez) (Continued from April 18, 2022)
Mayor Pro Tem Vasquez requested this item to be place on the agenda for discussion.
CITY OF DELANO
STAFF REPORT
May 16, 2022
Agenda Item: 32
TO: Honorable Mayor Osorio and Members of the City Council FROM: Maribel Reyna, City Manager
By: Ricardo G. Chavez, City Clerk
SUBJECT: Discussion on Municipal Code Chapter 6.22 Garage Sales in Residential Districts (Mayor Pro Tem Vasquez) (Continued from April 18, 2022) Mayor Pro Tem Vasquez requested this item to be place on the agenda for discussion.
Attachment
Municipal Code Chapter 6.22 – Garage Sales in Residential Districts A.
B.
1. 2.
3. 4.
Chapter 6.22 - GARAGE SALES IN RESIDENTIAL DISTRICTS
Sections:
Footnotes:
--- (3) ---
Editor's note— Ord. No. 2011-1235, § 1(exh. A), adopted Sept. 6, 2011, repealed former Ch. 6.22, §§ 6.22.010—6.22.120, and enacted a new Ch. 6.22 as set out herein. The former Ch. 6.22 pertained to similar subject matter and derived from: Ord. 2008-1178 § 1(part), 2008.
6.22.010 - Title.
This chapter shall be known as the ordinance regulating garage sales in the residential zoning districts of the city. (Ord. No. 2011-1235, § 1(exh. A), 9-6-2011)
6.22.020 - Purpose.
The purpose of this chapter is to promote and maintain the general health, safety and welfare of citizens within residential neighborhoods of the City of Delano, by regulating and controlling residential garage sales within the City of Delano. (Ord. No. 2011-1235, § 1(exh. A), 9-6-2011)
6.22.030 - Garage sale defined.
For purposes of this chapter, "garage sale" means and includes all occasional sales conducted indoors or outdoors on residential premises by the occupant of those premises (either as an owner, renter) where miscellaneous items of tangible personal property are offered for sale to the general public. Unlicensed home businesses conducting wholesale or retail sales of goods, is not considered a garage sale under this chapter, and must comply with the City of Delano business licensing requirements.
(Ord. No. 2011-1235, § 1(exh. A), 9-6-2011)
6.22.040 - Garage sale permit and fees.
It is unlawful for any person to conduct a garage sale in the city without first filing with the finance department the information hereinafter specified and obtain from such clerk a license to do so, to be known as a garage sale license. The fee for each garage sale permit shall be fifteen dollars.
Before a garage sale permit is issued, the person or persons conducting the sale shall file a written application for a permit with the finance director paying the required nonrefundable application fee. The permit application shall be under penalty of perjury and shall contain the following information:
Name, address and telephone number of person, firm, group, corporation, association or organization conducting such garage sale and applying for the garage sale permit; Name of owner of the property on which such garage sale is to be conducted, and state that the person conducting the garage sale has the consent of owner if applicant is other than the owner; Locations at which the garage sale is to be conducted;
Specific date and number of days for the garage sale;
5. 6.
7. 8.
9. C.
A.
B.
C.
D.
A.
B.
Date and nature of any past garage sale;
Relationship or connection applicant may have had with any other person, firm, group, organization, association or corporation conducting such garage sale and the date or dates of such garage sale; Whether or not applicant has been issued any other vendor's license by any local, state or federal agency; A statement that the person or persons conducting the garage sale is/are the owners of the personal property offered for sale, and that the property has not been acquired or assigned to the applicant or applicants for the purpose of resale;
Sworn statement or affirmation by the person signing the application that the information therein given is full and true and known to him/her to be so.
Each garage sale permit issued under this chapter must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the licensed garage sale and shall be removed at completion of sale.
(Ord. No. 2011-1235, § 1(exh. A), 9-6-2011)
6.22.050 - Limit on permits—Nonassignability.
Except as provided in Section 6.22.030 of this chapter, no more than twelve permits shall be issued to the same person or for the same premises during any calendar year. No permit shall be transferable to another person or to another premises. (Ord. No. 2011-1235, § 1(exh. A), 9-6-2011; Ord. No. 2012-1245, § 1(exh. A), 6-18-2012)
6.22.060 - Days and hours of sale.
No permit shall be approved and no sale shall be conducted unless under the following conditions:
Garage sales will only be authorized twelve times a year.
Garage sales shall take place only on the first full three-day weekend (Friday, Saturday and Sunday) of each month during the calendar year.
Garage sale shall not be conducted before 7:00 a.m. or after 6:00 p.m. on the permitted days.
Scheduled dates for garage sales within the city will not be rescheduled due to inclement weather. (Ord. No. 2011-1235, § 1(exh. A), 9-6-2011; Ord. No. 2012-1245, § 1(exh. A), 6-18-2012)
6.22.070 - Display of property for sale.
Personal property offered for sale shall not be displayed within the public right-of-way of any residentially zoned premises. (Ord. No. 2011-1235, § 1(exh. A), 9-6-2011)
6.22.080 - Signs.
Signs advertising a garage sale for which a permit has been issued under this chapter may be placed or erected on the sale premises subject to the following conditions:
No sign shall exceed four square feet in area.
No sign shall be displayed at times other than the permitted time of sale. Such signs shall be exempt from other requirements of this Code.
C.
A.
B.
C.
No sign shall be posed on city-installed traffic control signs or posts, city property, or city easement. (Ord. No. 2011-1235, § 1(exh. A), 9-6-2011)
6.22.090 - Permit conclusion.
The permit can be cancelled, by the legal applicant, up to 4:30 p.m. on the day prior to the date(s) of sale. Voluntary cancellation of any garage sale permit shall result in the forfeiture of any and all permit fees by the applicant. (Ord. No. 2011-1235, § 1(exh. A), 9-6-2011)
6.22.100 - Persons and sales excepted.
The provisions of this chapter shall not apply to or affect the following persons or sales:
Persons selling goods pursuant to an order or process of a court of competent jurisdiction; Persons acting in accordance with their powers and duties as public officials; Any person selling or advertising for sale any item or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed two in number. Any item listed for sale must be the lawful property of the seller. The property owner, unless licensed for home sales, may not take items on consignment to sell for another person.
(Ord. No. 2011-1235, § 1(exh. A), 9-6-2011)
6.22.110 - Sale of food or beverage prohibited.
It shall be unlawful for any property owner, renter, guest at any permitted garage sale within the City of Delano, to sell or offer for sale, any food, beverage, vegetable, fruit, or any other items designed for human consumption. (Ord. No. 2011-1235, § 1(exh. A), 9-6-2011)
6.22.120 - Altered, fictitious or forged garage sale permits.
Any person who is found to have in their possession or on their property, displaying, or otherwise using a fraudulent, fictitious or forged City of Delano garage sale permit shall be in violation of this chapter. (Ord. No. 2011-1235, § 1(exh. A), 9-6-2011)
6.22.130 - Seizure of illegal garage sales merchandise or signs.
Nothing in this chapter shall prohibit the chief of police or any member of the Delano Police Department, Code Enforcement, or their agents authorized to enforce this chapter, to seize any or all items of merchandise offered for sale at any garage sale, or signs placed in unauthorized areas of the City of Delano. All actual costs associated with storage of such seized items being held as evidence in any court proceeding shall be the responsibility of the owner or seller of such item(s), and the city manager, or his or her authorized representative, may seek all logical courses of action to recoup such costs to the city.
(Ord. No. 2011-1235, § 1(exh. A), 9-6-2011)
6.22.140 - Violation—Infraction.
A.
B.
C.
D.
E.
F.
Every person who, for himself or herself, or as the agent of another, commences, engages in, conducts or carries on any sale as provided in this chapter without procuring the permit required by Section 6.22.040, or who fails to comply with the conditions and provision of this chapter shall be punishable by:
A fine not exceeding one hundred dollars for a first violation.
A fine not exceeding two hundred dollars for a second violation within the same calendar year.
A fine not exceeding five hundred dollars for the third violation within the same calendar year.
A fine not exceeding one thousand dollars for each additional violation within the same calendar year.
For the purpose of this chapter, a calendar year shall begin at 12:01 a.m. on January 1 of the current year and terminate at midnight on December 31 of that same year.
In addition to the penalties established by the chapter, violations of any section of this chapter will result in the garage sale being ordered terminated by the chief of police or his designee. (Ord. No. 2011-1235, § 1(exh. A), 9-6-2011; Ord. No. 2012-1245, § 1(exh. A), 6-18-2012)
6.22.150 - Nonprofit organizational garage sales as fundraisers.
Garage sales conducted by bonified nonprofit organizations as defined by Chapter 6.48, Section 010, of the Delano Municipal Code, for fundraising efforts are exempt from this chapter. Nonprofit organizations shall be required obtain a special events permit and comply with all other City of Delano regulations. (Ord. No. 2012-1245, § 1(exh. A), 6-18-2012)
CITY OF DELANO
STAFF REPORT
May 16, 2022
Agenda Item: 33
TO: Honorable Mayor Osorio and Members of the City Council FROM: Maribel Reyna, City Manager
By: Ricardo G. Chavez, City Clerk
SUBJECT: Discussion in regard to providing zoom capabilities at the Jefferson Center for Council Meetings (Mayor Pro Tem Vasquez)
(Continued from April 18, 2022)
Mayor Pro Tem Vasquez requested this item to be place on the agenda for discussion.