Agenda packet — Gilroy City Council, June 19, 2023 (part 1 of 3)

June 19, 2023 | 6:00 PM Page 1 of 7 City Council
Regular Meeting Agenda

CITY COUNCIL

REGULAR MEETING
AGENDA

CITY COUNCIL CHAMBERS, CITY HALL
7351 ROSANNA STREET, GILROY, CA
95020
MONDAY, JUNE 19, 2023 | 6:00 PM
MAYOR
Marie Blankley

COUNCIL MEMBERS
Rebeca Armendariz
Dion Bracco
Tom Cline
Zach Hilton
Carol Marques
Fred Tovar
CITY COUNCIL PACKET MATERIALS ARE AVAILABLE ONLINE AT www.cityofgilroy.org AGENDA CLOSING TIME IS 5:00 P.M. THE TUESDAY PRIOR TO THE MEETING

COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE CITY COUNCIL. Public testimony is subject to reasonable regulations, including but not limited to time restrictions for each individual speaker. Please limit your comments to 3 minutes. The amount of time allowed per speaker may vary at the Mayor’s discretion depending on the number of speakers and length of the agenda.

Written comments on any agenda item may be emailed to the City Clerk’s Office at [email protected] or mailed to the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the City Clerk’s Office by 1 p.m. on the day of a Council meeting will be distributed to the City Council prior to or at the meeting and available for public inspection with the agenda packet located in the lobby of Administration at City Hall, 7351 Rosanna Street prior to the meeting. Any correspondence received will be incorporated into the meeting record. Items received after the 1 p.m. deadline will be provided to the City Council as soon as practicable. Written comments are also available on the City’s Public Records Portal at bit.ly/3NuS1IN.

In compliance with the Americans with Disabilities Act, the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at least 72 hours prior to the meeting at (408) 846-0204 or [email protected] to help ensure that reasonable arrangements can be made.

If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure.

A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City.

Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available with the agenda packet on the City website at www.cityofgilroy.org subject to the Staff’s ability to post the documents before the meeting.

June 19, 2023 | 6:00 PM Page 2 of 7 City Council
Regular Meeting Agenda

KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE Government's duty is to serve the public, reaching its decisions in full view of the public.

Commissions, task forces, councils and other agencies of the City exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.

FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE, TO

RECEIVE A FREE COPY OF THE ORDINANCE OR TO REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT COMMISSION STAFF AT (408) 846-0204.

If you need assistance with translation and would like to speak during public comment, please contact the City Clerk a minimum of 72 hours prior to the meeting at 408-846-0204 or e-mail the City Clerk’s Office at [email protected].

Si necesita un intérprete durante la junta y gustaría dar un comentario público, comuníquese con el Secretario de la Ciudad un mínimo de 72 horas antes de la junta al 408-846-0204 o envíe un correo electrónico a la Oficina del Secretario de la Ciudad a [email protected].

To access written translation during the meeting, please scan the QR Code or click this link:

Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace:
bit.ly/3FBiGA0
Choose Language and Click Attend | Seleccione su lenguaje y haga clic en asistir
Use a headset on your phone for audio or read the transcript on your device.

Use sus auriculares para escuchar el audio o leer la transcripción en el dispositivo.

The agenda for this regular meeting is as follows:

1. OPENING

1.1. Call to Order

1.2. Pledge of Allegiance

1.3. Invocation

1.4. City Clerk's Report on Posting the Agenda

1.5. Roll Call

1.6. Orders of the Day

1.7. Employee Introductions

2. CEREMONIAL ITEMS - Proclamations and Awards (NONE)
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Regular Meeting Agenda

3. PRESENTATIONS TO THE COUNCIL

3.1. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE

AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE

CITY COUNCIL
This portion of the meeting is reserved for persons desiring to address the Council on matters within the Gilroy City Council’s jurisdiction but not on the agenda. Persons wishing to address the Council are requested to complete a Speaker’s Card located at the entrances and handed to the City Clerk. Speakers are limited to 1 to 3 minutes each, varying at the Mayor’s discretion depending on the number of speakers and length of the agenda. The law does not permit Council action or extended discussion of any item not on the agenda except under special circumstances. If Council action is requested, the Council may place the matter on a future agenda.

Written comments to address the Council on matters not on this agenda may be e-mailed to the City Clerk’s Office at [email protected] or mailed to the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the City Clerk’s Office by 1:00pm on the day of a Council meeting will be distributed to the City Council prior to or at the meeting and available for public inspection with the agenda packet located in the lobby of Administration at City Hall, 7351 Rosanna Street, prior to the meeting. Any correspondence received will be incorporated into the meeting record.

Items received after the 1:00pm deadline will be provided to the City Council as soon as practicable. Written material provided by public members under this section of the agenda will be limited to 10 pages in hard copy. An unlimited amount of material may be provided electronically.

4. REPORTS OF COUNCIL MEMBERS
Council Member Bracco – Downtown Committee, Cities Association Santa Clara County Board of Directors (alternate), Santa Clara County Library Joint Powers Authority, Santa Clara Valley Water Joint Water Resources Committee, SCRWA Council Member Armendariz – Downtown Committee, Santa Clara County Library Joint Powers Authority, Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, Silicon Valley Clean Energy Authority JPA Board (alternate), South County United for Health
Council Member Marques – ABAG, Downtown Committee, Gilroy Gardens Board of Directors, Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, SCRWA (alternate)
Council Member Hilton – CalTrain Policy Group (alternate), Silicon Valley Clean Energy Authority JPA Board, South County United for Health (alternate), VTA Policy Advisory Committee
Council Member Cline – Gilroy Economic Development Partnership (alternate), Gilroy Sister Cities Association, Gilroy Youth Task Force, Silicon Valley Regional Interoperability Authority Board, VTA Policy Advisory Committee (alternate), Visit Gilroy California Welcome Center Board, VTA Mobility Partnership Committee
Council Member Tovar – Downtown Committee, Gilroy Youth Task Force (alternate), Santa Clara County Expressway Plan 2040 Advisory Board,Santa Clara Valley Water Commission, SCRWA, South County Youth Task Force Policy Team June 19, 2023 | 6:00 PM Page 4 of 7 City Council
Regular Meeting Agenda
Mayor Blankley – ABAG (alternate), CalTrain Policy Group, Cities Association Santa Clara County Board of Directors, Downtown Committee, Gilroy Economic Development Partnership, Gilroy Sister Cities Association (alternate), Gilroy Youth Task Force, Santa Clara Valley Water Joint Water Resources Committee, SCRWA, South County Youth Task Force Policy Team, VTA Board of Directors, VTA Mobility Partnership Committee

5. COUNCIL CORRESPONDENCE

6. FUTURE COUNCIL INITIATED AGENDA ITEMS
7 BOARD AND COMMISSION INTERVIEWS

7.1. Interviews for Open Seats on Boards, Commissions, and Committees with Terms Expired or Vacant as of June 19, 2023, for Future Appointment Scheduled for July 10, 2023

1. Staff Report: Thai Nam Pham, City Clerk

2. Possible Action:
a) Accept two applications for open seats on City of Gilroy Boards, Commissions, and Committees that were received after the June 9, 2023 application deadline; and
b) Interview candidates for Open Seats on Boards, Commissions, and Committees with terms expired or vacant as of June 19, 2023.

8. REVIEW OF OPEN MEETING AND TRANSPARENCY LAWS AND ORDINANCES

8.1. City Attorney Annual Training - Brown Act, Open Government Ordinance, and Public Records Act

9. CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of the City Council or a member of the public. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears.

9.1. Approval of the Action Minutes of the June 5, 2023 City Council Regular Meeting

9.2. Accept the Appointment of a Representative to the Sourcewise Advisory Council with a Term Ending June 30, 2026

9.3. Approve a Second Amendment to the Agreement with SDI Presence for Information Technology (IT) Consulting and Project Support Services for an additional $120,000, for a total not-to-exceed amount of $309,000

9.4. Adoption of a Resolution of the City Council of the City of Gilroy Approving a Fiscal Year 2022-2023 Budget Amendment for $18,404 for an Edward Byrne Memorial Justice Assistance Grant
June 19, 2023 | 6:00 PM Page 5 of 7 City Council
Regular Meeting Agenda

9.5. Approval of a Fifth Amendment to the Agreement with Lynx Technologies for Geographic Information System (GIS) Support and Maintenance for an additional $96,775, for a total not-to-exceed amount of $448,590

9.6. Approve First Amendment to Agreement with The Pun Group LLP for a Two-Year Extension to Provide Annual Financial Audit and Reporting Services with a Revised Not-to-Exceed Amount of $388,364

9.7. Approval of a Notice of Acceptance of Completion for the FY23 Annual Citywide Curb Ramp Project No. 23-PW-280 and Approval of a Final Contract with J.J.R. Construction in the Amount of $159,065

9.8. Adoption of an Ordinance Amending Gilroy Crossings Phase II Commercial/Industrial Planned Unit Development Zone District for Property Located at 6970 Camino Arroyo

9.9. Adoption of an Ordinance of the City Council of the City of Gilroy Adding Chapter 5 to the Gilroy City Code Relating to Banning the Use of Certain Public Rights-of-Way as Sleeping or Living Accommodations

10. BIDS AND PROPOSALS

10.1. Approve the Purchase of Three Public Works Vehicles (One 2024 Ford F650 with Rugby Dump Bed; One 2024 Ford F650 Utility Truck with Hydraulic Telescopic Crane and Vanair Hydraulic Drive Air Compressor; and One 2024 Ford F750 Water Tank Truck with 1500 Gallon Water Tank and Honda WB20XT External Gas Engine) in the Combined Amount of $518,125

1. Staff Report: LeeAnn McPhillips, Administrative Services and Human Resources Director / Risk Manager

2. Public Comment

3. Possible Action:
a) Waive the requirement for a single bid submittal from Transwest Truck Center, LLC for Project No. 23-PW-283;
b) Award the Purchase of Three Public Works Vehicles:
• One 2024 Ford F650 with Rugby Dump Bed from Transwest Truck Center, LLC in the amount of $110,625 (Project No. 23-PW-282) • One 2024 Ford F650 Utility Truck with Hydraulic Telescopic Crane and Vanair Hydraulic Drive Air Compressor from Transwest Truck Center, LLC in the amount of $276,500 (Project No. 23-PW-283)
• One 2024 Ford F750 Water Tank Truck with 1500 Gallon Water Tank and Honda WB20XT External Gas Engine from Transwest Truck Center, LLC in the amount of $131,000 (Project No. 23-PW-284); and c) Approve up to $15,000 as a contingency should there be any year/model or commodity surcharges or modifications placed on these vehicles. d) Authorize the City Administrator to execute the purchase contracts and associated documents.

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Regular Meeting Agenda

10.2. Authorize the City to Enter into a Ten-year Master Services and Purchasing Agreement with Axon Enterprises, Inc., to Purchase the Police Officer Safety and Fleet Bundle to Include Body-Worn Cameras, Conducted Energy Weapons (Tasers), In-Car Camera System, and Digital Evidence Storage for $3,791,290

1. Staff Report: Pedro Espinoza, Police Chief

2. Public Comment

3. Possible Action:
a) Authorize the City of Gilroy to enter a ten-year Master Services and Purchasing Agreement with Axon Enterprises Inc. for $3,791,290 to upgrade and replace the Police Department's body-worn cameras, conducted-energy weapons (Tasers), in-car cameras, and digital evidence storage capabilities; and
b) Authorize the City Administrator to execute the Master Services and Purchasing Agreement and related purchasing documents.

11. PUBLIC HEARINGS (NONE)

12. UNFINISHED BUSINESS (NONE)

13. INTRODUCTION OF NEW BUSINESS

13.1. South County Youth Task Force Report

1. Staff Report: Pedro Espinoza, Police Chief

2. Public Comment

3. Possible Action:

Receive report.

13.2. Ratification of the First and Second Amendment, and Approval of a Third Amendment, to the Agreement with Community Solutions in an Amount Not to Exceed $401,800 for Support with South County Youth Task Force Strategies

1. Staff Report: Pedro Espinoza, Police Chief

2. Public Comment

3. Possible Action:
a) Ratify the First and Second Amendments to the Agreement with Community Solutions;
b) Approve a Third Amendment to the agreement with Community Solutions for a total not-to-exceed amount of $401,800 to continue to provide programs and services for disadvantaged at-risk youth in South County utilizing South County Youth Task Force’s grant funds and contributions; and
c) Authorize the City Administrator to execute the Amendment.

June 19, 2023 | 6:00 PM Page 7 of 7 City Council
Regular Meeting Agenda

13.3. Adoption of a Resolution Approving a Budget Amendment in Fiscal Year 2023-24 Adding an Additional $331,406 from the County of Santa Clara, District Attorney Office to the South County Youth Task Force Fund 227

1. Staff Report: Pedro Espinoza, Police Chief

2. Public Comment

3. Possible Action:

Adopt a resolution of the City Council of the City of Gilroy approving a budget amendment in Fiscal Year 2023-24 adding an additional $331,406 in expenditures and offsetting revenue from the County of Santa Clara District Attorney’s Office to the South County Youth Task Force Fund 227.

13.4. Amendment to a Service Agreement with the County of Santa Clara Probation Department for the South County Youth Task Force Violence Prevention Services for FY 2024-2027

1. Staff Report: Pedro Espinoza, Police Chief

2. Public Comment

3. Possible Action:
a) Approve an amendment to the Service Agreement with the County of Santa Clara Probation Department for South County Youth Task Force Violence Prevention Programs; and
b) Authorize the City Administrator to execute the Amendment to the Service Agreement and related documents.

14. CITY ADMINISTRATOR'S REPORTS

15. CITY ATTORNEY'S REPORTS

16. ADJOURNMENT IN CELEBRATION OF JUNETEENTH

FUTURE MEETING DATES
July 2023
3 Regular Meeting - 6:00 p.m -CANCELED10 Special Meeting - 6:00 p.m August 2023
7 Regular Meeting - 6:00 p.m
21 Regular Meeting - 6:00 p.m
September 2023
11 Regular Meeting - 6:00 p.m
18 Regular Meeting - 6:00 p.m
Meetings are webstreamed on the City of Gilroy’s website at gilroy.city/meetings.

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City of Gilroy

STAFF REPORT
Agenda Item Title: Interviews for Open Seats on Boards, Commissions, and Committees with Terms Expired or Vacant as of
June 19, 2023, for Future Appointment Scheduled for
July 10, 2023
Meeting Date: June 19, 2023
From: Jimmy Forbis, City Administrator
Department: City Clerk
Submitted By: Thai Nam Pham, City Clerk
Prepared By: Thai Nam Pham, City Clerk
STRATEGIC PLAN GOALS Not Applicable

RECOMMENDATION

1. Accept two applications for open seats on City of Gilroy Boards, Commissions, and Committees that were received after the June 9, 2023 application deadline; and

2. Interview candidates for Open Seats on Boards, Commissions, and Committees with terms expired or vacant as of June 19, 2023.

BACKGROUND
The City Council opened the annual recruitment period ending November 30, 2022, to fill seats on six Boards, Commissions, and Committees with member terms vacant or expiring as of December 31, 2022. Council has appointed members to various boards, commissions, and committees throughout the 2023 calendar year; however, vacancies remain for the following:

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Interviews for Open Seats on Boards, Commissions, and Committees with Terms Expired or Vacant as of June 19, 2023, for Future Appointment Scheduled for July 10, 2023 City of Gilroy City Council Page 2 of 2 June 19, 2023
Arts and Culture Commission One (1) seat with term expiring 12/31/2024 Library Commission One (1) seat with term expiring 12/31/2026 Personnel Commission Two (2) seats with terms expiring 12/31/2026 Planning Commission One (1) seat with term expiring 12/31/2023 Physically Challenged Board of Appeals One (1) seat with term expiring 12/31/2026 Furthermore, and included in the above table, on June 1, 2023, staff received a letter of resignation from former Planning Commissioner Michelle Montez, leading to a vacant seat with a term ending on December 31, 2023.

Staff has utilized the City's website and social media platforms to notify the public about these open vacancies. Additionally, staff has reached out to previous applicants of the Planning Commission from the 2022 recruitment cycle, expressing interest in their potential reapplication.

Following the conclusion of the application period on June 9, 2023, at 5 p.m., staff received a total of two (2) applications from Terence Fugazzi for the Planning Commission and Kortney Hodge for Personnel, Parks and Recreation, and Planning Commission. Staff also received two (2) late applications from Stefanie Okada-McCabe and Danny Molina for Planning Commission, which were received on June 10, 2023, and June 12, 2023, respectively.

It should be noted that Mr. Fugazzi is a former Planning Commissioner applicant who is currently serving as Open Government Commissioner and Parks and Recreation Commissioner. Additionally, staff recommends that Council accept the late application of Ms. Okada-McCabe and Mr. Molina to expand the pool of candidates available for Council to interview for the Planning Commission.

CONCLUSION
For the seats that have not received sufficient applications, the recruitment process is still ongoing. Interviews with the City Council have been scheduled for this evening's meeting, and the appointments will be finalized during the City Council Special Meeting on July 10, 2023.

Attachments:

1. Application – Terence Fugazzi (Planning Commission)

2. Application – Kortney Hodge (Personnel, Parks and Recreation, and Planning Commission)

3. Application – Stefanie Okada-McCabe (Planning Commission)

4. Application – Danny Molina (Planning Commission)

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City of Gilroy
Board, Committee, & Commission Application
All Commission, Board, and Committee applications are a public record.

Board/ Committee/ Commission of Interest: Planning Commission Name: Terence Fugazzi
Phone number(s): email address*:

Are you a registered voter within the City limits? Y
Physical Address*:

Driver’ s License or
ID No.:

Date of
Birth*:

Last 4 of
SSN:

List your qualifications for this appointment:

I am a 10 year Gilroy resident that absolutely loves our city. In addition to this I stay quite active and up to date on issues and activities that pertain to our city life, growth, and fellow citizens. I have attended in person every city council meeting when I am in town for the last year as well as a number of planning commission meetings. Recently I have been appointed to two commissions where I believe, in just a short time, I have already had a significant positive impact. I also have a strong aptitude for digging into long and complex documents and sussing out the important and most relevant bits - be that researching code and ordinances, council packets, budgets, to studying future development plans. I am an independent thinker who listens to reason annd ideas from others. I have no personal or business affiliations that would create undesirable bias or conflict of interest.

List any service to the community including any prior appointments:

Appointed and currently serving on the Open Government Commission and Parks and Recreation Commission.

What are your goals while serving on this Board/ Commission/ Committee? To Serve Gilroy in a capacity that best represents the needs and desires of the citizenry at large in relation to our future growth.

Why are you the most qualified to serve on this Board/ Commission/ Committee? Not having reviewed others’ applications that is not a question I could possibly answer. I can speculate, however, that my personal and city commission experience as well as involvement and understanding of current city issues should put me near or at the top of the pack.

By clicking on this box, I declare under penalty of perjury that I am currently a registered voter within the City limits of the City of Gilroy. Furthermore, I understand that this application and any attachments are subject to disclosure under the Public Records Act and must complete mandatory Open Government Ordinance Training. I further understand that members of the Planning Commission, Building Boards of Appeals, and Physically Challenged Board of Appeals are also subject to filing the Fair Political Practice Commission’ s Statement of Economic Interest Form 700 relating to financial disclosures.

7.1 p. 12 of 384
Planning Commission Application - Kortney Hodge

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City of Gilroy
Board, Committee, & Commission Application
All Commission, Board, and Committee applications are a public record.

Board/Committee/ Commission of Interest: Planning Commission Name: Kortney Hodge
Phone
number(s):
email
address*:

Are you a registered voter within the City limits? Yes
Physical
Address*:

Driver’ s License
or
ID No.:

Date of
Birth*:

Last 4 of
SSN:

List your qualifications for this appointment:

I am proficient in creating and using daily agendas as well as keeping notes for discussions, therefore that is one of my qualifications for this position. I am really capable at hearing what other individuals have to say and absorbing their recommendations. I am the kind of person who likes to converse with others and exchange ideas. I work hard, which makes me a fantastic fitto support this community' s growth and improvement.

List any service to the community including any prior appointments:

I did plenty of services for the community in high school. I volunteered at elementary schools, I helped feed the homeless at Saint Mary's church during holidays and also help clean up Christmas hill park.

What are your goals while serving on this Board/Commission/ Committee? Making my hometown a better place to live is one of my aims when serving on the board, commission, committee. I want to assist the area develop and become a better community. I want to make an effort to engage the younger generation in order to support their development and unification. My entire life, I have lived in Gilroy. I have witnessed the town's development from when it was primarily made up of farmland until now.

Why are you the most qualified to serve on this Board/Commission/ Committee? Because I am young, possess leadership qualities, and am driven to improve my community as a whole, I believe I am best suited to serve on this committee.

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Planning Commission Application - Kortney Hodge

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Planning Commission Application - Stefanie Okada-McCabe

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City of Gilroy
Board, Committee, & Commission Application
All Commission, Board, and Committee applications are a public record.

Board/Committee/ Commission of Interest: Planning Commission Name: Stefanie Okada-McCabe
Phone
number(s):
email
address*:

Are you a registered voter within the City limits? Yes
Physical
Address*:

Driver’ s License
or
ID No.:

Date of
Birth*:

Last 4 of
SSN:

List your qualifications for this appointment:

I am born and raised in Gilroy. I have my bachelor of architecture degree and i am a member of the international Code Council. I specialize in residential design.

List any service to the community including any prior appointments:

Prior appointments are Building Board of Appeals and the Physically Challenged Board. I also volunteer at the community development counter before covid.

What are your goals while serving on this Board/Commission/ Committee? My goals are: Protecting the public health, safety, and welfare. Conserving resources. Seeking efficiency in the use of land and public facilities. Fostering beauty and livability within the community. Ensuring equality and opportunity for all.

Why are you the most qualified to serve on this Board/Commission/ Committee? I am most qualified because of my fairness and impartiality, open-mindedness, communication skills, problem-solving skills and lastly my teamwork skills.

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Planning Commission Application - Stefanie Okada-McCabe

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under the Public Records Act and must complete mandatory Open Government Ordinance Training. I further understand that members of the Planning Commission, Building Boards of Appeals, and Physically Challenged Board of Appeals are also subject to filing the Fair Political Practice Commission’ s Statement of Economic Interest Form 700 relating to financial disclosures.

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Planning Commission Application - Danny Molina

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City of Gilroy
Board, Committee, & Commission Application
All Commission, Board, and Committee applications are a public record.

Board/Committee/ Commission of Interest: Planning Commission Name: Danny Molina
Phone
number(s):
email
address*:

Are you a registered voter within the City limits? Yes
Physical
Address*:

Driver’ s License
or
ID No.:

Date of
Birth*:

Last 4 of
SSN:

List your qualifications for this appointment:

Project management , Team Building , Working Knowledge of Public works Prevailing wage , Worked for a large Sanitation company for 13 years which i oversaw over 100+ employees and started my own Construction site service business 3 years ago.

List any service to the community including any prior appointments:

I Currently working with Pitstop Outreach and Veterans Day Parade Board of Supervisors. I was part of leadership Gilroy class 2022, Helped with non- profits ; One Giving Tree, CVMA and Rebeccas Children Services.

What are your goals while serving on this Board/Commission/ Committee? My goals are to help with moving our community , learn more about the workings of the planning commission and help with anything needed.

Why are you the most qualified to serve on this Board/Commission/ Committee? My working knowledge of Construction , Working with Committees to obtain a common outcome and starting on my own company which has shown a profit year over year.

By clicking on this box, I declare under penalty of perjury that I am currently a registered voter within the City limits of the City of Gilroy. Furthermore, I

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Planning Commission Application - Danny Molina

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understand that this application and any attachments are subject to disclosure under the Public Records Act and must complete mandatory Open Government Ordinance Training. I further understand that members of the Planning Commission, Building Boards of Appeals, and Physically Challenged Board of Appeals are also subject to filing the Fair Political Practice Commission’ s Statement of Economic Interest Form 700 relating to financial disclosures.

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City of Gilroy
City Council Regular Meeting Minutes
Monday, June 5, 2023 | 6:00 PM

1. OPENING

1.1 Call to Order
The meeting was called to order by Mayor Blankley at 6:00 PM.

1.2. Pledge of Allegiance
Council Member Marques led the Pledge of Allegiance.

1.1 Invocation
Pastor Malcolm MacPhail from New Hope Community Church provided the Invocation.

1.2 City Clerk's Report on Posting the Agenda
City Clerk Pham reported on the posting of the agenda.

1.3 Roll Call
Attendance Attendee Name
Present Rebeca Armendariz, Council Member
Dion Bracco, Mayor Pro Tempore
Tom Cline, Council Member
Zach Hilton, Council Member
Carol Marques, Council Member
Fred Tovar, Council Member
Marie Blankley, Mayor
Absent None

1.4 Orders of the Day
There were none.

1.5 Employee Introductions
Police Chief Espinoza introduced four employees who were promoted: Sergeant Rob Basuino, Corporal Darren Cooner, Communications Supervisor Amanda Marciel, and Records Supervisor Vien Myles.

2. CEREMONIAL ITEMS - Proclamations and Awards

2.1. Proclamation for Retiring GUSD Superintendent Dr. Deborah Flores Mayor Blankley read aloud the Proclamation, which Dr. Deborah Flores then accepted.

3. PRESENTATIONS TO THE COUNCIL

3.1. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE

AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE

CITY COUNCIL
DRAFT
Mayor Blankley opened Public Comment.

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June 5, 2023 | 6:00 PM Page 2 of 10 City Council
Regular Meeting Minutes
The following members spoke on items that were not on the agenda.

Albert Lustre advocated the promotion of a responsible general contractor.

Robert Zepeda voiced his opposition to the Council raising the Pride Flag.

Jan Bernstein Chargin encouraged the Council to solve the issue of homelessness with the community.

Wes White spoke in favor of the Pride Flag being flown over City Hall.

Gregory Felios thanked the Council for providing a forum for individuals of different political spectrums to speak and supported the Council in flying the Pride Flag.

Dez Martinez requested Council to provide safe camps for the unhoused.

Robert Aguirre spoke about the unhoused not having a voice in the community.

There being no further speakers, Mayor Blankley closed Public Comment.

4. REPORTS OF COUNCIL MEMBERS
Council Member Bracco reported on Santa Clara County Library Joint Powers Authority.

Council Member Armendariz reported on Santa Clara Valley Habitat Agency Governing Board.

Council Member Marques reported had no report.

Council Member Hilton reported on Silicon Valley Clean Energy Authority JPA Board. He also wished the community Happy Pride Month and congratulated the City on winning the Silicon Valley Bicycle Coalition Pedal Power Challenge.

Council Member Cline had nothing to report.

Council Member Tovar thanked the IBEW Local 332 for allowing him to attend the family dinner appreciation night and reported that he went to the San Mateo County Fair to support one of the local artists.

Mayor Blankley reported on the fourth train from CalTrain servicing Gilroy. Additionally, she also highlighted the SCRWA expansion, the 101-125 Interchange project from VTA, and extended her congratulations to Las Animas Elementary School and Rucker Elementary for their participation in the 10th Annual Bike Rack Decorating Contest organized by Santa Clara County Public Health Department.

5. COUNCIL CORRESPONDENCE

5.1. City Council Member Meeting Attendance
Council acknowledged the attendance report.

6. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Bracco requested Council to discuss naming the downtown pop-up park after Gilroy’s Donald “Elvis” Prieto at a future council meeting. His request received unanimous support.

DRAFT

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Regular Meeting Minutes

7. CONSENT CALENDAR
Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment.

Motion: Adopt the Consent Calendar.

RESULT: Pass
MOVER: Fred Tovar, Council Member
SECONDER: Dion Bracco, Mayor Pro Tempore
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Council Member Tovar, Mayor Blankley

7.1. Approval of the Action Minutes of the May 15, 2023 City Council Regular Meeting
A motion was made to approve the minutes.

7.2. Approval of the Action Minutes of the May 22, 2023 City Council Recommend Operating Budget Workshop
A motion was made to approve the minutes.

7.3. Adopt a Resolution of the City Council of the City of Gilroy Setting the Tax Rate for Fiscal Year 2023-24 (FY24) for the Gilroy Community Library Project Bonds
A motion was made to adopt the resolution.

Enactment No.: Resolution No. 2023-33

7.4. Approval of Final Map and Property Improvement Agreement for Glen Loma Ranch McCutchin Creek/Palomino Development, Tract 10426, Tract 10613, and McCutchin Creek Re-Alignment APN’s 808-43-008 and 808-43- 010
A motion was made to adopt the Final Map and Property Improvement Agreement.

7.5. Approval of a Notice of Acceptance of Completion for the FY23 Annual CDBG Sidewalk/Curb Ramp Project No. 23-PW-279
A motion was made to approve the Notice of Acceptance for the FY23 Annual CDBG Sidewalk/Curb Ramp.

7.6. A Resolution of the City Council of the City of Gilroy Approving the Application for Grant Funds from the Recreational Trails Program A motion was made to adopt the resolution.

DRAFT

Enactment No.: Resolution No. 2023-34

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7.7. A Resolution of the City Council of the City of Gilroy Approving the Application for Grant Funds from the Habitat Conservation Fund Program A motion was made to adopt the resolution.

Enactment No.: Resolution No. 2023-35

7.8. Transfer of Interest Income from the Museum Vase Endowment Trust to the Gilroy Museum Fund
A motion was made to transfer interest income from Museum Vase Endowment Trust to Gilroy Museum Fund.

7.9. Claim of Jesse Perez (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute denial of the claim) A motion was made to deny the claim.

8. BIDS AND PROPOSALS

8.1. Purchase of Three 2023 Chevrolet Colorado Work Truck Crew Cab Vehicles in the Total Amount of $103,350 for Community Development and Public Works Engineering
Administrative Services LeeAnn McPhillips provided staff presentation and responded to Council Member questions.

Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment.

Motion: Award a purchase of three 2023 Chevrolet Colorado Work Truck Crew Cab Trucks for the total cost of $103,350 to Gilroy Chevrolet and authorize the City Administrator to execute purchase documents.

RESULT: Pass
MOVER: Fred Tovar, Council Member
SECONDER: Tom Cline, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council
Member Marques, Council Member Tovar, Mayor Blankley

9. PUBLIC HEARINGS

9.1. Introduction and First Reading of an Ordinance of the City Council of the City of Gilroy Adding Chapter 5 to the Gilroy City Code Relating to Banning the Use of Certain Public Rights-of-Way as Sleeping or Living Accommodations
Assistant to the City Administrator Atkins provided staff presentation and responded to Council Member questions.

Mayor Blankley opened the Public Hearing at 7:00 PM.

The following individuals spoke in favor of the ordinance:

Deborah Flores
DRAFT
Robert Weaver

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Jeff Orth
Herman Garcia
Linda Piceno
Hilda Aguirre
Ron Kirkish
Kirsten Carr
Sarina Jacobson
Valentina Renales
Jose Montes
The following individuals spoke in opposition to the proposed ordinance:

Vanessa Ashford
TJ Napihaa
Susan Mister
Joseph Robinson
Jan Bernstein Chargin
Wes White
Robert Aguirre
Linda Leighton
Tristia Bauman
Sally Armendariz
Gary Walton
There being no further speakers, Mayor Blankley closed the Public Hearing at 7:45 PM.

Motion: Read the ordinance by title only and waive further reading of the ordinance.

RESULT: Fail
MOVER: Dion Bracco, Mayor Pro Tempore
SECONDER: Fred Tovar, Council Member
AYES: Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Council Member
Tovar, Mayor Blankley
NAYS: Council Member Armendariz
City Clerk Pham read aloud the entirety of the proposed ordinance.

Motion: Introduce an ordinance of the City Council of the City of Gilroy adding Chapter 5 to the Gilroy City Code relating to banning the use of certain public rights-of-way as sleeping or living accommodations.

RESULT: Pass
MOVER: Dion Bracco, Mayor Pro Tempore
SECONDER: Fred Tovar, Council Member
AYES: Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council Member Marques, Council Member
Tovar, Mayor Blankley
DRAFT
NAYS: Council Member Armendariz

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9.2. Adopt Fiscal Years 2024 (FY24) and 2025 (FY25) Operating and Capital Budgets, Position Control List, Departmental Workplans, Boards & Commissions Workplans, and the GANN Appropriation Limit for Fiscal Year 2024
City Administrator Forbis provided staff presentation and responded to Council Member questions.

Mayor Blankley opened the Public Hearing at 8:55 PM. There being no speakers, Mayor Blankley closed the Public Hearing at 8:55 PM.

Motion: Adopt a Resolution of the City Council of the City of Gilroy setting the Appropriation Limit for FY24.

RESULT: Pass
MOVER: Tom Cline, Council Member
SECONDER: Dion Bracco, Mayor Pro Tempore
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council
Member Marques, Council Member Tovar, Mayor Blankley

Enactment No.: Resolution No. 2023-36
Motion: Adopt a Resolution of the City Council of the City of Gilroy adopting the Operating and Capital Improvement Program budget for FY24 and FY25 and appropriating expenditures for the purposes set forth in the budget with the following changes to the budget:
• Planning commission training be $1,500 per person per year to a total of $10,500; and
• Not to approve the $500,000.00 contribution to Section 115 Trust, which staff will bring back to Council as a separate item.

RESULT: Pass
MOVER: Dion Bracco, Mayor Pro Tempore
SECONDER: Rebeca Armendariz, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council
Member Marques, Council Member Tovar, Mayor Blankley

Enactment No.: Resolution No. 2023-37
Motion: Adopt a Resolution of the City Council of the City of Gilroy establishing the Position Control List for FY24 and FY25.

RESULT: Pass
MOVER: Tom Cline, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council
DRAFT
Member Marques, Council Member Tovar, Mayor Blankley

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Enactment No.: Resolution No. 2023-38
Motion: Approve the City Goals, Priorities, Legislative Agenda, and Departmental Workplans for FY24 and FY25.

RESULT: Pass
MOVER: Zach Hilton, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council
Member Marques, Council Member Tovar, Mayor Blankley
Motion: Approve the Boards and Commissions Workplans for FY24 and FY25.

RESULT: Pass
MOVER: Zach Hilton, Council Member
SECONDER: Rebeca Armendariz, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council
Member Marques, Council Member Tovar, Mayor Blankley

9.3. Gilroy Square Project – Gilroy Crossings Phase II Planned Unit Development Zoning Amendment, Tentative Map, and Architectural and Site Review for Property Located at 6970 Camino Arroyo (File No: Z 22-02, TM 21-02, AS 21-13)
Mayor Blankley asked if Council if they have any ex-parte communications to disclose. Council Members Tovar, Cline, Bracco, and Mayor Blankley disclosed they had conversations with Mark Sanchez. Their conversations with him did not yield any new information.

Senior Planner Tambornini provided staff presentation and responded to Council Member questions.

Mayor Blankley opened the Public Hearing at 9:08 PM.

Patrick McGaughey spoke in favor of the project.

Albert Lustre spoke in favor of the project, but it needs a responsible local general contractor.

Susan Mister spoke in favor of the project.

There being no further speakers, Mayor Blankley closed the Public Hearing at DRAFT
9:11 PM.

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Motion: Adopt a Mitigated Negative Declaration Resolution prepared for the Gilroy Square project, based on the independent analysis of the City Council and in accordance with the California Environmental Quality Act (CEQA).

RESULT: Pass
MOVER: Fred Tovar, Council Member
SECONDER: Rebeca Armendariz, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council
Member Marques, Council Member Tovar, Mayor Blankley

Enactment No.: Resolution No. 2023-39
Motion: Read an ordinance by title only and waive further reading.

RESULT: Pass
MOVER: Fred Tovar, Council Member
SECONDER: Carol Marques, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council
Member Marques, Council Member Tovar, Mayor Blankley
City Clerk Pham read aloud the title of the proposed ordinance.

Motion: Introduce an ordinance of the City Council approving Planned Unit Development Zoning Amendment Z 22-02 for Gilroy Crossings Phase II.

RESULT: Pass
MOVER: Tom Cline, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council
Member Marques, Council Member Tovar, Mayor Blankley
Motion: Adopt a resolution approving Tentative Map TM 21-02.

Enactment No.: Resolution No. 2023-40

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Motion: Adopt a resolution approving Architectural and Site Review AS 21-13 for the Planned Unit Development with Condition of Approval No. 66 amended as follows:

BICYCLE PARKING: Short-term bicycle parking. Provide surface mounted bicycle racks within 200 feet of the visitor’s entrance, for 5 percent of new visitor parking spaces added, with a minimum of one two-bike capacity inverted U-rack.

Long-term bicycle parking. Provide secure bicycle parking for 5 percent of the tenant-occupant parking spaces with a minimum of one bicycle parking facility.

Long-term bicycle parking for hotel buildings. Provide one on-site bicycle parking space for every 25 rooms (for employees and guests). Parking facilities shall be conveniently reached from the street.

RESULT: Pass
MOVER: Zach Hilton, Council Member
SECONDER: Tom Cline, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council
Member Marques, Council Member Tovar, Mayor Blankley

Enactment No.: Resolution No. 2023-41

10. UNFINISHED BUSINESS

10.1. Approval of the Capital Improvement Program for Fiscal Year 2024 Through Fiscal Year 2028
Public Works Director Jordan provided staff presentation and responded to Council Member questions.

Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment.

Motion: Approve the Capital Improvement Program for Fiscal Year 2024 through 2028.

RESULT: Pass
MOVER: Dion Bracco, Mayor Pro Tempore
SECONDER: Rebeca Armendariz, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council
DRAFT
Member Marques, Council Member Tovar, Mayor Blankley

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11. INTRODUCTION OF NEW BUSINESS

11.1. Adopt a Resolution Declaring Four City-Owned Properties as Surplus Pursuant to Government Code Section 54221 and Find that the Council’s Action in Doing So is Exempt from CEQA Pursuant to CEQA Guidelines Section 15061(b)(3)
Assistant to the City Administrator Atkins provided staff presentation and responded to Council Member questions.

Mayor Blankley opened Public Comment. There being no speakers, Mayor Blankley closed Public Comment.

Motion: Adopt a Resolution declaring four city-owned properties as surplus pursuant to Government Code Section 54221 and find that the Council’s action in doing so is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3)
RESULT: Pass
MOVER: Fred Tovar, Council Member
SECONDER: Rebeca Armendariz, Council Member
AYES: Council Member Armendariz, Mayor Pro Tempore Bracco, Council Member Cline, Council Member Hilton, Council
Member Marques, Council Member Tovar, Mayor Blankley

Enactment No.: Resolution No. 2023-42

12. CITY ADMINISTRATOR'S REPORTS

12.1. Community Development Department and Public Works Engineering Division Temporary Closure (One Week)

12.2. Sharks Ice Update
City Administrator Forbis provide his report and responded to Council Member questions.

13. CITY ATTORNEY'S REPORTS
There were none.

14. ADJOURNMENT
Mayor Blankley adjourned the meeting at 9:33 PM.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council of the City of Gilroy.
/s/Thai Nam Pham, CMC, CPMC
City Clerk
DRAFT

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City of Gilroy

STAFF REPORT
Agenda Item Title: Accept the Appointment of a Representative to the Sourcewise Advisory Council with a Term Ending
June 30, 2026.

Meeting Date: June 19, 2023
From: Thai Nam Pham, City Clerk
Department: Recreation
Submitted By: Adam Henig, Recreation Manager
Prepared By: Adam Henig, Recreation Manager
STRATEGIC PLAN GOALS Not Applicable

RECOMMENDATION
Approve the Parks and Recreation Commission’s recommendation of Dyanne Hofstad to serve on the Sourcewise Advisory Council with a term ending June 30, 2026.

EXECUTIVE SUMMARY
At the May 16, 2023 Parks and Recreation Commission meeting, the Commission approved to recommend Dyanne Hofstad to serve as Gilroy’s representative on the Sourcewise Advisory Council. The term would begin July 1, 2023, and shall be for three (3) years, with a maximum extension of a one (1) year renewal.

BACKGROUND
The Sourcewise Advisory Council is a legally mandated body that advises Sourcewise on what services of the Older Americans Act need their attention in the community, advocates on behalf of seniors, and distributes information to the community. The Members of the Sourcewise Advisory Council, which represent each city in Santa Clara County, participate in the development, implementation, and monitoring of the Area Plan and advocate at all levels of government on programs, procedures, and legislation affecting older persons.

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Accept the Appointment of a Representative to the Sourcewise Advisory Council with a Term Ending June 30, 2026.

City of Gilroy City Council Page 2 of 2 June 19, 2023
Advisory Council members are the source of information to senior organizations and the public on issues of concern to older persons and develop legislative platforms with other State advocacy organizations. They bring the concern of the group of the area they represent to the Advisory Council and take information regarding Sourcewise programs and activities back to their appointing body.

The term of individual membership on the Advisory Council shall be for three (3) years, with a maximum extension of a one (1) year renewal. The City received two applications to fill this vacancy. The Parks and Recreation Commission recommended Dyanne Hofstad fill the seat at its May 16, 2023 meeting.

ALTERNATIVES
The Council can select the applicant who was not recommended by the Parks and Recreation Commission, or the Council can select neither candidate and restart the recruitment process.

FISCAL IMPACT/FUNDING SOURCE
None.

PUBLIC OUTREACH
The application was publicized on the City’s website, the City’s weekly e-newsletter, and at the Senior Center.

Attachments:

1. Applications

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City of Gilroy Application for Sourcewise Advisory Council City of Gilroy Application for Sourcewise Advisory Council * All applications are a public record.
o This is a three (3) year term (7/1/2023 through 06/30/2026) o Must be a Gilroy resident within City Limits
o Must be at least 60 years of age (requirement may be waived if the applicant is close to the age of 60).
o Sourcewise Advisory Council participate in the development, implementation, and monitoring of the Area Plan and advocate at all levels of government on programs, procedures, and legislation affecting older persons
o Position represents City of Gilroy
First Name Dyanne
Last Name Hofstad
Are you a resident within
the City limits?
Yes
Date of Birth
Physical Address 1
City, State, Zip Gilroy, Ca 95020
Phone Number
E-mail Address
Alternate Phone Number
List your qualifications for
this appointment:

I am a senior and have resided in Gilroy for 30+ years. My children grew up here and we all consider Gilroy home. I am currently a medical social worker for our only local hospice. I am also currently attending college to receive my MSW. The

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needs for seniors is something I see everyday and finding local resources is a large part of my job. I have many concerns for our senior population! Nationally the fast growing segment of the homeless population is seniors! I am passionate about being part of the solutions for our seniors.

List any service to the
community including any
prior appointments.

I was very active in my children's schools. My husband and I were foster parents for 15 years.

What are you goals while
serving on this committee?
My goals is to better understand the needs for seniors in our communities and to participate in bringing needed resources to them.

Why are you the most
qualified to serve on this
committee?
Not only am I a senior, but I work as a Medical Social Worker for our local hospice and this gives me a unique perspective for the growing needs of the seniors in our communities. I am faced each day with finding needed resources for them and their families. Sourcewise is a resource I link families to all the time and would like to participate in bringing the needed resources.

Declaration of Residency I Understand

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City of Gilroy Application for Sourcewise Advisory Council City of Gilroy Application for Sourcewise Advisory Council * All applications are a public record.
o This is a three (3) year term (7/1/2023 through 06/30/2026) o Must be a Gilroy resident within City Limits
o Must be at least 60 years of age (requirement may be waived if the applicant is close to the age of 60).
o Sourcewise Advisory Council participate in the development, implementation, and monitoring of the Area Plan and advocate at all levels of government on programs, procedures, and legislation affecting older persons
o Position represents City of Gilroy
First Name Carmel
Last Name Trela
Are you a resident within
the City limits?
Yes
Date of Birth
Physical Address 1
City, State, Zip Gilroy, CA 95020
Phone Number
E-mail Address
Alternate Phone Number Field not completed.

List your qualifications for
this appointment:

I'm a senior citizen currently living in a gated senior citizen community. I am in constant contact with seniors and witness their needs as well as their total lack of knowledge regarding

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what services are available to them. I want to make a
difference and help these seniors acquire knowledge of what services are available to them from the City, County and State.

List any service to the
community including any
prior appointments.

Field not completed.

What are you goals while
serving on this committee?
To develop new ways of getting the message out to Gilroy seniors what services are currently available and help to develop new ones if possible. To try and match the service and organization that our neighbor, north... Morgan Hill has to offer it's senior populace. I see daily a large number of Gilroyans using the facilities in Morgan Hill and enjoying the many different offerings from their senior... Most of the seniors I speak with here have never even heard of Sourcewise, let alone know what kind of services are available to them through the program.

Why are you the most
qualified to serve on this
committee?
I live in Gilroy, I'm a senior... and I want to improve what is available to my fellow seniors.

Declaration of Residency I Understand

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City of Gilroy

STAFF REPORT
Agenda Item Title: Approve a Second Amendment to the Agreement with SDI Presence for Information Technology (IT)
Consulting and Project Support Services for an
additional $120,000, for a total not-to-exceed amount
of $309,000
Meeting Date: June 19, 2023
From: Jimmy Forbis, City Administrator
Department: Finance
Submitted By: Harjot Sangha, Finance Director
Prepared By: Harjot Sangha, Finance Director
STRATEGIC PLAN GOALS Maintain and Improve City Infrastructure

RECOMMENDATION
Approve and authorize the City Administrator to execute a second amendment to the agreement with SDI Presence for IT consulting and project services for an additional $120,000, for a revised total not-to-exceed amount of $309,000.

EXECUTIVE SUMMARY
Staff is recommending an amendment to the agreement with SDI Presence to provide IT consulting and project-based support services through the end of October 2023. The amendment increases the compensation by an additional $120,000 for a revised total not-to-exceed amount of $309,000.

ANALYSIS
In December 2022, the City entered into an agreement with SDI Presence to provide IT consulting and project-based support services for an interim period while the City conducted the recruitment process to fill the vacant IT Manager position. In May 2023, City Council approved a first amendment to the agreement to continue services through the end of the fiscal year, June 2023, while it was conducting the IT Manager

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Approve a Second Amendment to the Agreement with SDI Presence for Information Technology (IT) Consulting and Project Support Services for an additional $120,000 for a total not-to-exceed amount of $309,000
City of Gilroy City Council Page 2 of 2 June 19, 2023
recruitment and anticipated filling the role by June 2023. The initial recruitment did not result in filling the position. A second recruitment effort is underway now, and staff expects the second round to be complete with placement by the end of September 2023. The agreement extension also allows for a one-month overlap to transition IT project management to the new individual. As a result, staff is recommending a second amendment to the agreement to provide continuity of services through the end of October 2023. The amendment increases the compensation by an additional $120,000, for a revised total not-to-exceed amount of $309,000.

ALTERNATIVES
Council could elect not to approve the amendment to the agreement. This is not recommended, as the division has critical IT projects requiring technical expertise, oversight, and day-to-day operational support.

FISCAL IMPACT/FUNDING SOURCE
The second amendment to the agreement will add an additional $120,000. The contract is funded by the Information Services Fund (620). No additional appropriations are required at this time, as the salary savings from current vacancies in the Information Technology Division will be utilized to fund the agreement adequately.

Attachments:

1. Second Amendment to the Agreement

2. First Amendment to the Agreement & Original Agreement

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-1-
4845-8215-5540v1
MDOLINGER\04706083

SECOND AMENDMENT TO THE AGREEMENT FOR SERVICES
WHEREAS, the City of Gilroy, a municipal corporation (“City”), and SDI Presence LLC entered into that certain agreement entitled Agreement for Services, effective on December 6, 2022, hereinafter referred to as “Original Agreement”; and
WHEREAS, City and SDI Presence LLC have determined it is in their mutual interest to amend certain terms of the Original Agreement.

NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:

1. The first paragraph of Article 1 (Term of Agreement) of the Original Agreement shall be amended to read as follows:
"This Amendment will become effective on December 6, 2022 and continue in effect through October 31, 2023 unless terminated in accordance with the provisions of Article 7 of this Agreement."

2. Article 4, Section A (Consideration) of the Original Agreement shall be amended to read as follows:
“In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set for in Exhibit “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONTRACTOR exceed $309,000.00.

2. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control.

3. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below.

DocuSign Envelope ID: DE94EE7F-EFB8-4E35-8B46-27892892FCED 9.3 p. 37 of 384
-2-
4845-8215-5540v1
MDOLINGER\04706083

CITY OF GILROY
By: By:
[signature] [signature]
Jimmy Forbis Sharee Wolff
[employee name] [name]
City Administrator Chief Financial Officer
[title/department] [title]
Date: Date:

Approved as to Form ATTEST:

City Attorney City Clerk
DocuSign Envelope ID: DE94EE7F-EFB8-4E35-8B46-27892892FCED 6/12/2023

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-1- 4845-8215-5540v1
MDOLINGER\04706083

FIRST AMENDMENT TO THE AGREEMENT FOR SERVICES
WHEREAS, the City of Gilroy, a municipal corporation ( City ), and SDI Presence LLC entered into that certain agreement entitled Agreement for Services, effective on December 6, 2022, hereinafter referred to as Original Agreement ; and
WHEREAS, City and SDI Presence LLC have determined it is in their mutual interest to amend certain terms of the Original Agreement.

NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:

1. Article 4, Section A (Consideration) of the Original Agreement shall be amended to read as follows:

In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set for in Exhibit D ( Payment Schedule ). In no event however shall the total compensation paid to CONTRACTOR exceed $189,000.00.

3. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below.

CITY OF GILROY
By: By:
[signature] [signature]
Jimmy Forbis Sharee Wolff
[employee name] [name]
City Administrator Chief Financial Officer
[title/department] [title]
Date: Date:

Approved as to Form ATTEST:

City Attorney City Clerk

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23ADS1116*

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City of Gilroy

STAFF REPORT
Agenda Item Title: Adoption of a Resolution of the City Council of the City of Gilroy Approving a Fiscal Year 2022-2023
Budget Amendment for $18,404 for an Edward Byrne
Memorial Justice Assistance Grant
Meeting Date: June 19, 2023
From: Jimmy Forbis, City Administrator
Department: Police
Submitted By: Pedro Espinoza, Police Chief
Prepared By: Patricia Vigil, Management Analyst
STRATEGIC PLAN GOALS Ensure Neighborhood Equity from City Services

RECOMMENDATION
Adopt a resolution of the City Council of the City of Gilroy amending the budget for Fiscal Year 2022-2023 and appropriating proposed expenditure amendments.

EXECUTIVE SUMMARY
The City of Gilroy has been awarded the annual Edward Byrne Memorial Justice Assistance Grant (JAG) for the last several years. The JAG Program is the leading source of federal justice funding to state and local jurisdictions. The JAG program provides local governments with critical funding necessary to support a range of program areas in law enforcement, personnel, and equipment programs.

The City of Gilroy Police Department was awarded a grant of $18,404 towards the purchase of ceramic protective plates and carriers for Police Officers.

BACKGROUND
The United States Department of Justice; Bureau of Justice Assistance (BJA) releases a yearly solicitation for grant applications, and the Police Department received approval of the grant application for $18,404 to use towards public safety equipment.

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Adoption of a Resolution of the City Council of the City of Gilroy Approving a Fiscal Year 2022- 2023 Budget Amendment for $18,404 for an Edward Byrne Memorial Justice Assistance Grant City of Gilroy City Council Page 2 of 2 June 19, 2023

ANALYSIS
The JAG grant furthers the Police Department’s law enforcement efforts by enhancing law enforcement, personnel, and equipment programs.

Because of past and current fiscal restraints, the purchase of this vital equipment would be difficult without grant funding. This equipment is necessary to effectively meet the demands placed on our officers while protecting their health and well-being to help reduce body fatigue, improve mobility, and provide necessary protection to combat and reduce violent crime.

The JAG grant funding has been a benefit to the City for several years. In prior years, grant funds have been used towards the purchase of public safety officer equipment, technology enhancements, and ergonomic equipment for officer workstations to allow for sit/stand workspaces.

To receive funding, City Council action is required to appropriate the grant funds into the FY23 budget for Fund 225. The proposed FY23 appropriation is as follows:

Org/Object Code: 2253000-53120/43110.

ALTERNATIVES
Reject approval to appropriate the Edward Byrne Memorial Justice Assistance Grant funds for $18,404 into the FY23 Budget. Staff does not recommend this option as it would mean alternative funding would have to be identified.

FISCAL IMPACT/FUNDING SOURCE
Approval of this action would appropriate the grant funding and increase revenue and expenditure appropriations to the Police Grants Fund, Fund 225, by $18,404 in the FY23 budget towards the purchase of ceramic protective plates and carriers.

Attachments:

1. Fiscal Year 2023 JAG Budget Amendment Draft Resolution

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RESOLUTION NO. 2023-XX
RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF GILROY AMENDING THE BUDGET FOR THE CITY
OF GILROY FOR FISCAL YEAR 2022-2023 IN THE

POLICE GRANTS FUND AND APPROPRIATING

PROPOSED EXPENDITURE AMENDMENTS
WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Years 2021-2022 and 2022-2023, and the City Council carefully examined, considered and adopted the same on June 7, 2021; and WHEREAS, City Staff has prepared and submitted to the City Council a proposed amendment to said budget for Fiscal Year 2022-2023 for the City of Gilroy in the staff report dated June 19, 2023 for the Police Grants Fund, appropriating funding received from the United States Department of Justice; Bureau of Justice Assistance and, WHEREAS, the City Council has carefully examined and considered the same and is satisfied with said budget amendments.

NOW, THEREFORE, BE IT RESOLVED THAT appropriations in the Police Grants Fund, Fund 225, is hereby increased by $18,404 for Fiscal Year 2022-2023.

PASSED AND ADOPTED this 19th day of June 2023 by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

APPROVED:
___________________________
ATTEST: Marie Blankley, Mayor
_________________________
Thai Pham, City Clerk

9.4 p. 59 of 384

Page 1 of 3 ends

City of Gilroy

STAFF REPORT
Agenda Item Title: Approval of a Fifth Amendment to the Agreement with Lynx Technologies for Geographic Information
System (GIS) Support and Maintenance for an
additional $96,775, for a total not-to-exceed amount of $448,590
Meeting Date: June 19, 2023
From: Jimmy Forbis, City Administrator
Department: Finance
Submitted By: Harjot Sangha, Finance Director
Prepared By: Harjot Sangha, Finance Director
STRATEGIC PLAN GOALS Maintain and Improve City Infrastructure

RECOMMENDATION
Approve and authorize the City Administrator to execute the fifth amendment to the agreement with Lynx Technologies for Geographic Information System (GIS) Support and Maintenance for an additional $96,775, for a total not-to-exceed amount of $448,590.

EXECUTIVE SUMMARY
The City contracts with Lynx Technologies to provide ongoing GIS data maintenance and support services, including special one-time GIS-related projects for the City's various departments. The current agreement is set to expire at the end of July 2023.

Staff is recommending Council approve the fifth amendment to the agreement with Lynx Technologies to continue providing GIS-related services for fiscal year (FY) 2023-24 (FY24), which includes migration of GIS services to be on-premises by the end of the fiscal year. The fifth amendment will add an additional $96,775 to the contract for a revised total not-to-exceed amount of $448,590.

9.5 p. 60 of 384
Approval of a Fifth Amendment to the Agreement with Lynx Technologies for Geographic Information System (GIS) Support and Maintenance for an additional $96,775, for a total not-toexceed amount of $448,590 City of Gilroy City Council Page 2 of 3 June 19, 2023

ANALYSIS
Lynx Technologies provides basic and ongoing GIS data maintenance support, as well as several special projects and one-time activities. These special projects include preparation for the integration of GIS with EnerGov, the land management system being implemented for Community Development Department permitting and project tracking, and Cityworks, a maintenance management system for Public Works.

Lynx Technologies continues to complete the special projects and one-time tasks for departments under the previous amendment to the contract. This amendment extends the basic and ongoing GIS data maintenance support for one more year. The basic tasks include:
• Public Works Maintenance: Land base mapping, addresses, streets, parcels, utilities (water, sewer, storm).
• Planning Maintenance: Overlays for downtown, General Plan, and planning maps (Vehicle Miles Traveled, Planned Unit Developments, farmland, environmental studies, and agency data imports).
• Fire Department Maintenance: Monthly street and address database updates; Wall map updates.
• Police Computer Aided Dispatch (CAD) Updates: Monthly update GIS address points and streets in the Police Department CAD template Maverick Mapping software, and backup of current Live maps and data imported into the Live environment.
• Open Data Portal: Work with ESRI’s Open Data environment to provide systematic and automated data for the City’s goal of providing data for public consumption.

These GIS support services are needed to continue infrastructure upgrades and ongoing projects and perform GIS updates.

The City has successfully recruited and filled the GIS Analyst role within the Information Technology Division. Consistent with the long-term vision of bringing the City’s GIS services in-house and on-premises, staff expects FY24 will be the last year Lynx Technologies’ services will be needed for ongoing data maintenance and support as the scope includes migration of the services to the City and related training.

The total budget for FY24 is $140,590. Since the services are billed on actual hours worked throughout the year, the actual expenditures in prior years have typically been under budget. As such, the current agreement has a remaining balance of $44,165, and with the additional $96,775 request for the fifth amendment, the cost for the scope of work for FY24 will be fully covered.

9.5 p. 61 of 384
Approval of a Fifth Amendment to the Agreement with Lynx Technologies for Geographic Information System (GIS) Support and Maintenance for an additional $96,775, for a total not-toexceed amount of $448,590 City of Gilroy City Council Page 3 of 3 June 19, 2023

ALTERNATIVES
Council may elect not to approve the fifth amendment to the agreement. This would limit City departments’ ability to access, use, and share GIS information, especially public safety departments. This alternative is not recommended.

FISCAL IMPACT/FUNDING SOURCE
The fifth amendment will extend the term for an additional year and add an additional $96,775 to the agreement for a revised total not-to-exceed amount of $448,590. The FY24 GIS services scope will be funded by various funds, including the Development Impact Fee Funds (storm drain, traffic, water, sewer, public facilities), Enterprise funds (water and sewer), the General Fund (for public safety operation and development review activities), and Information Technology Fund (for GIS training and migration to on-premises). No budgetary action is needed as the recently adopted FY24 budget contains the necessary appropriations needed to fund this agreement.

Attachments:

1. Fifth Amendment

2. Fourth Amendment

3. Third Amendment

4. Second Amendment

5. First Amendment

6. Original Agreement

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4835-2267-0361v1
LAC\04706083 -1-

FIFTH AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN THE CITY OF GILROY AND LYNX TECHNOLOGIES, INC.

WHEREAS, the City of Gilroy, a municipal corporation (“City”), and Lynx Technologies, Inc. entered into that certain agreement entitled “Agreement for Services”, effective on July 31, 2018, hereinafter referred to as “Original Agreement”; and
WHEREAS, City and Lynx Technologies, Inc. have determined it is in their mutual interest to amend certain terms of the Original Agreement.

NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:

1. The first paragraph of Article 1 (Term of Agreement) of the Original Agreement shall be amended to read as follows:
“This Agreement will become effective on July 31, 2018 and continue in effect through July 31, 2024 unless terminated in accordance with the provisions of Article 7 of this Agreement.”

2. Article 4, Section A (Consideration) of the Original Agreement shall be amended to read as follows:
“In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONSULTANT exceed $448,590.”

3. Exhibit “B” (Scope of Services) of the original agreement is hereby replaced with the attached Exhibit “B”.

4. This Amendment shall be effective on July 31, 2023.

5. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control.

6. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below.

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4835-2267-0361v1
LAC\04706083 -1-
CITY OF GILROY LYNX TECHNOLOGIES, INC.

By: By:
[signature]
Jimmy Forbis
[signature]
Patrick Kelleher
[employee name]
City Administrator
[name]
CEO
[title/department] [title]
Date: Date:

Approved as to Form ATTEST:

City Attorney City Clerk
DocuSign Envelope ID: EE561246-BE1A-4157-BBDA-52B52F1C6CF4 6/9/2023

9.5 p. 64 of 384
Exhibit “B”
Scope of Services
Scope of Services and Breakdown of Labor Categories
Item
2023/2024
Hrs./
Month
Hourly
Rate $ / Month $ / Year

1.A Public Works Maintenance:

Land base mapping, addresses, streets,
parcels, utilities (water, sewer, storm)

1.B Planning Maintenance:
overlays for downtown, general plan, zoning,
planning maps: VMT, PUDs, farmland, CEQA
IS, agency data imports),

1.C Fire Department Maintenance
Monthly street and address database updates.

Wall map updates

1.D Police CAD Updates
Approximately every 4 weeks, update GIS
Address points and Streets in Police Dept.

CAD template Maverick Mapping software.

1. Import into the Test environment, verify
addresses and streets for updates. Fix any
problems that might arise.

2. Back up current Live maps and data, Import
into the Live environment
Dispatch will confirm to make sure everything
is working correctly. If there are any problems
the CAD will be switched back to the previous
version.
65 8.7

2.6 3.5
$75
$75
$75
$75
$4,875
$652.50
$195
$262.50
$58,500
$7,830
$2,340
$3,150
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Total for FY2023-24 - $140,940

2.1 GIS Enterprise Upgrade:

Upgrade database to version 11.x, impose
standards, metadata, migrate feature layers to
ArcGIS Pro including all web services web
maps and other content. Migrate to be aligned
with modern ArcGIS Solutions using the
ESRI/LGIM model and SME experience per
proposed specification.

16.7 $75 $1,252.50 $15,030

2.2 GIS Migration to City Hall
Work with City IT to install ArcGIS Server
Enterprise and VertiGIS North America’s
Geocortex software. Configure users and
security, migrate sites from current hosted
environment to on-premise. Testing.

Ongoing maintenance and management onsite as required and remotely.

16.7 $75 $1,252.50 $15,030

2.3 Easements
Convert existing linework of 12,145 features to
polygons. Re-visit record drawings and
capture date, type and width, hyperlink
polygonised feature to County Record
document.
40 $75 $3,000 $36,000

2.4 Training
Train Gilroy’s GIS staff on Geocortex
Essentials Manager. Training will be
conducted via Teams or Zoom, in weekly 1- to
1½ hrs. sessions. Task includes ongoing
support.
6 $85 $510 $3,060
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4835-2267-0361v1
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FOURTH AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN THE CITY OF GILROY AND LYNX TECHNOLOGIES, INC.

Lynx Technologies, Inc.
entered into that certain agreement entitled Agreement for Services , effective on July 31, 2018, WHEREAS, City and Lynx Technologies, Inc. have determined it is in their mutual interest to amend certain terms of the Original Agreement.

NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:

1. The first paragraph of Article 1 (Term of Agreement) of the Original Agreement shall be amended to read as follows:

This Amendment will become effective on July 31, 2018 and continue in effect through July 31, 2023 unless terminated in accordance with the provisions of Article 7

2. Article 4, Section A (Consideration) of the Original Agreement shall be amended to read as follows:

CONSULTANT the amounts set forth in
however shall the total compensation paid to CONTRACTOR exceed $351,815.

3. Exhibit

4. This Amendment shall be effective on August 2, 2022.

6. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below.

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4835-2267-0361v1
LAC\04706083 -1-
CITY OF GILROY LYNX TECHNOLOGIES, INC.

By: By:
[signature]
Jimmy Forbis
[signature]
Patrick Kelleher
[employee name]
City Administrator
[name]
CEO
[title/department] [title]
Date: Date:

Approved as to Form ATTEST:

City Attorney City Clerk

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TABLE B – Scope of Services and Breakdown of Labor Categories

9.5 p. 69 of 384

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THIRD AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN THE CITY OF GILROY AND LYNX TECHNOLOGIES, INC.

NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:

1. The first paragraph of Article 1 (Term of Agreement) of the Original Agreement shall be amended to read as follows:
“This Amendment will become effective on July 31, 2018 and continue in effect through July 31, 2022 unless terminated in accordance with the provisions of Article 7 of this Agreement.”

2. Article 4, Section A (Consideration) of the Original Agreement shall be amended to read as follows:
“In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONTRACTOR exceed $326,325.

3. Exhibit “B” (Scope of Services) of the original agreement is hereby replaced with the attached Exhibit “B”.

4. This Amendment shall be effective on August 2, 2021.

6. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below.

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4835-2267-0361v1
LAC\04706083 -1-
CITY OF GILROY LYNX TECHNOLOGIES, INC.

By: By:
[signature]
Jimmy Forbis
[signature]
Patrick Kelleher
[employee name]
City Administrator
[name]
CEO
[title/department] [title]
Date: Date:

Approved as to Form ATTEST:

City Attorney City Clerk

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EXHIBIT “B”

SCOPE OF SERVICES
Item
Previous
Year
Funding
2021/2022
Hrs./
Month
Hourly
Rate $ / Month $ / Year

1.A Public Works Maintenance:

Land base mapping, addresses, streets, parcels,
utilities (water, sewer, storm)
$43,670 56 $65 $3,640 $43,670

1.B Planning Maintenance:
overlays for downtown, general plan, planning
maps: VMT, PUDs, farmland, CEQA IS, agency
data imports)
$7,800 10 $65 $650 $7,800

1.C Fire Department Maintenance
Monthly street and address database updates. Wall
map updates.
$2,340 3 $65 $195 $2,340

1.D Police CAD Updates
Approximately every 4–6 weeks, update GIS
Address points and Streets in Police Dept. CAD
template Maverick Mapping software.

1. Import into the Test environment, verify
addresses and streets for updates. Fix any
problems that might arise.

2. Back up current Live maps and data, Import into
the Live environment
Dispatch will confirm to make sure everything is
working correctly. If there are any problems the
CAD will be switched back to the previous version.
$3,120 4 $65 $260 $3,120

1.E Open Data Portal
Work with ESRI’s Open Data environment to
provide systematic and automated data for the
City’s mission to provide data for public
consumption.
$1,560 2 $65 $130 $1,560

2.0 GIS Training and Onsite Support:

Meet with staff on a as needed basis, collectively
develop GIS based user-defined needs and
priorities. Task assumes meeting or training 6
hours every 2 months.
$3,060 As
Needed $85 As Needed $0

3.0 GIS Web Viewer, Development, and
Administration:

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*These are one-time projects that have been previously allocated a budget via amendment #2 and are reflected in the contact capacity for this agreement.
layers, creation of functional search bar, open street
map aerial, tool expansion, parcel query tool and
mailing label generator, simplified parcel and
shapefile buffering.

4.A Land Management System GIS
Integration
Work with City IT and Tyler Technologies staff to
integrate GIS and EnerGov Permit Tracking.

Attend meeting, site configuration, data schema
changes and migration as required. Ongoing
management and maintenance as required.
$10,200 10 $85 $850 $0*

4.B GIS Migration to City Hall
Work with City IT to install ArcGIS Server
Enterprise and Latitude Geographics’ Geocortex
software. Configure users and security, migrate
sites from current hosted environment to onpremise. Testing.

Ongoing maintenance and management on-site as
required and remotely.
$20,400 20 $85 $1,700 $0*

4.C Address Check Correction Assistance
Develop a Master Address database in GIS that can
be used to validate other business systems. Three
development phases: 1) Extract existing data
resources: finance, old permitting system, etc and
side-by-side comparison with GIS. Modify existing
GIS schema to identify source and validation
mechanism; 2) Purchase / Validate outcome of 1)
against CAS-certified vendor. Example,
SmartyStreets. This will return a list of certification codes for all addressable records; 3) Field mapping
and verification using GIS Collector App. Using 1
and 2 tasks above, identified ‘hot spots’ such as
downtown to physically walk targeted areas to
confirm or reject addresses.
$15,600 20 $65 $1,300 $0*

5.0 Miscellaneous Ad hoc Requests:
provide additional services to the City only as
requested and approved by the City.
$7,000 As
Needed $65 As Needed $5,000
Totals $120,990 75 $4,875 $63,490

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SECOND AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN THE CITY OF GILROY AND LYNX TECHNOLOGIES, INC.

NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:

1. The first paragraph of Article 1 (Term of Agreement) of the Original Agreement shall be amended to read as follows:
“This Amendment will become effective on July 31, 2018 and continue in effect through July 31, 2021 unless terminated in accordance with the provisions of Article 7 of this Agreement.”

2. Article 4, Section A (Consideration) of the Original Agreement shall be amended to read as follows:
“In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONTRACTOR exceed $282,600.

3. Exhibit “B” (Scope of Services) of the original agreement is hereby replaced with the attached Exhibit “B”.

4. This Amendment shall be effective on July 31, 2020.

6. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below.

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CITY OF GILROY LYNX TECHNOLOGIES, INC.

By: By:
[signature]
Jimmy Forbis
[signature]
Patrick Kelleher
[employee name]
Interim City Administrator
[name]
CEO
[title/department] [title]
Date: Date:

Approved as to Form ATTEST:

City Attorney City Clerk
DocuSign Envelope ID: A4F01173-C686-4227-AF2C-909FBFE300C5 9/25/2020 9/24/2020

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EXHIBIT “B”

SCOPE OF SERVICES
Item
2020/2021
Hrs./
Month
Hourly
Rate $ / Month $ / Year

1.A Public Works Maintenance:

Land base mapping, addresses, streets, parcels,
utilities (water, sewer, storm)
56 $65 $3,640 $43,670

1.B Planning Maintenance:
overlays for downtown, general plan, planning
maps: VMT, PUDs, farmland, CEQA IS, agency
data imports)
10 $65 $650 $7,800

1.C Fire Department Maintenance
Monthly street and address database updates. Wall
map updates.
3 $65 $195 $2,340

1.D Police CAD Updates
Approximately every 4–6 weeks, update GIS
Address points and Streets in Police Dept. CAD
template Maverick Mapping software.

1. Import into the Test environment, verify
addresses and streets for updates. Fix any
problems that might arise.

2. Back up current Live maps and data, Import into
the Live environment
Dispatch will confirm to make sure everything is
working correctly. If there are any problems the
CAD will be switched back to the previous version.
4 $65 $260 $3,120

1.E Open Data Portal
Work with ESRI’s Open Data environment to
provide systematic and automated data for the
City’s mission to provide data for public
consumption.
2 $65 $130 $1,560

2.0 GIS Training and Onsite Support:

Meet with staff on a as needed basis, collectively
develop GIS based user-defined needs and
priorities. Task assumes meeting or training 6
hours every 2 months.

As
Needed $85 As Needed $3,060

3.0 GIS Web Viewer, Development, and
Administration:

With new City implemented and more robust web
viewer using ArcGIS Server and Geocortex
environments: Simplify public noticing tool,
integrate MTC data with City’s GIS to allow for
more advanced reporting, improve Planning Dept.
vicinity map, add a tool for track changes, and
improve search tools. Increase viewers (planning,
public works, front counter, public data, etc.),
increase ability to control default data layer
symbology and display, simplify addition of new
8 $65 $520 $6,240
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layers, creation of functional search bar, open street
map aerial, tool expansion, parcel query tool and
mailing label generator, simplified parcel and
shapefile buffering.

4.A Land Management System GIS
Integration
Work with City IT and Tyler Technologies staff to
integrate GIS and EnerGov Permit Tracking.

Attend meeting, site configuration, data schema
changes and migration as required. Ongoing
management and maintenance as required.
10 $85 $850 $10,200

Ongoing maintenance and management on-site as
required and remotely.
20 $85 $1,700 $20,400

5.0 Miscellaneous Ad hoc Requests:
provide additional services to the City only as
requested and approved by the City.

As
Needed $65 As Needed $7,000
Totals 133 $9,245 $120,990
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FIRST AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN
CITY OF GILROY AND LYNX TECHNOLOGIES, INC. FOR ON -CALL GEOGRAPHIC INFORMATION SYSTEMS ( GIS) SUPPORT SERVICES DATED DECEMBER 15. 2013 WHEREAS, the City of Gilroy, a municipal corporation ( " City "), and Lynx Technologies, Inc. entered into that certain agreement entitled On -Call Geographic Information Systems ( GIS) Support Services, effective on December 15, 2013, hereinafter referred to as " Original Agreement "; and WHEREAS, City and Lynx Technologies, Inc. have determined it is in their mutual interest to amend certain terms of the Original Agreement.

NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:

1. Article 1, " Term of Agreement" of the Original Agreement shall be amended to read as follows:

This Agreement will become effective on August 4, 2015 and will continue in effect through December 31, 2017 unless terminated in accordance with the provisions of Article 7 of this Agreement."

2. Article 4, Section A " Consideration" of the Original Agreement shall have the second sentence amended to read as follows:

In no event however shall the total compensation paid to CONSULTANT exceed 200. 000. 00.

3. Article 5, Section D " Insurance" of the Original Agreement shall be amended to read as follows:

In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: ( a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1, 000, 000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof, and ( b) Professional Liability Insurance ( Errors & Omissions) with a minimum coverage of $1, 000, 000 per occurrence or claim, and $ 2, 000, 000 aggregate; provided however, Professional. Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claims made basis ( including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five ( 5) years after the completion of the contract work. If claims made coverage is canceled or non - renewed, and not replaced with another claims -made policy form with a retroactive date prior to the earlier ofthe effective date of the contract or the beginning of the contract work, CONSULTANT must purchase so called " extended reporting" or "tail' coverage for a minimum offive ( 5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date 4845 - 8215 - 55400
MDOLINGE104706083

9.5 p. 79 of 384
of the contract or the beginning of the contract work. As a condition precedent to CITY' S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage ( naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in ( a) immediately above via a specific endorsement) and requiring thirty ( 30) days written notice of policy lapse or cancellation, or of a material change in policy terms."

4. Exhibit " A" ( Specific Provisions), Section II.A. " Notice to Proceed" of the Original Agreement shall be amended to include Maria Angeles as the designated City contact person for the scope of services included in this Amendment.

5. Exhibit " A" ( Specific Provisions), Section V.H. " Notices" of the Original Agreement shall be amended to include Maria Angeles, Development Engineer as the City contact person who will receive the notices.

6. Exhibit " C" ( Payment Schedule) of the Original Agreement shall be amended to add the Lynx Technologies, Inc. service cost and schedule with a contract amount not to exceed $ 200, 000. 00.

7. This Amendment shall be effective on August 4, 2015.

8. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case ofany inconsistencies between the Original Agreement and this Amendment, the terms ofthis Amendment shall control.

9. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all ofwhich together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below.

CI OF OY LYNX TECHNOLOGIES, Inc.

By: By: lLiz(
sig re] [ signature]
Thomas J. Haglund Patrick Kelleher
employee name] [ name]
City Administrator CEO
title /department] [ title]
Date: OD / 1c0 / t5 Date: a L. I 1 ' S
Approved as to Form
City Attorney
4845- 8215 -55400
MDOLINGER104706083 - 2-

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EXHIBIT " C"

PAYMENT SCHEDULE

9.5 p. 81 of 384

COST & SCHEDULE
All costs are based on an hourly rate of $65 except where noted. Costs include all travel time, overhead expenses, project management, and cost of materials.
g10
1MW
Gilroy Schedule C
2015/ 16 2016/ 17 Total Cost
Offsite Hours
per Hours per
Maintenance Month Month
Basemap ( Parcels, Addresses, Streets) 25 25
Utilities ( Sewer, Water, Storm) 26 26
Additional Assets ( Street Lights, Buildings, Signs) 5 5 Fire Department / CAD Updates 8 8
Other (e. g. Zoning, Transportation, Land Use, Tracts)
4 4
Ad hoc Requests 4 4
Project Management 8 8
Maintenance Subtotal 80 80 124, 800
Projects - New Content Item Cost
Road Casings ( Include Private and Public) 45 2, 920
Traffic Control & Street Signs 100 6, 500
Road Striping and Legends 100 6, 500
New Content Subtotal* 15, 920
Hours
Onsite & GIS Web Development per Hours per
Month Month
Database web service Admin / Mgmt. 8 8
Internal Site Development 8 8
Public Site Development 8 8
CM MS Development/ Administration 4 4
GIS User Group Meetings 0 2
Tiburon / PD CAD Issues 4 4
GIS Development Meetings 2 4
New Aerial Acquisition 0 4
Onsite and Web Subtotal 34 42 59, 280
Total 200,000
Preliminary Estimate
Mapping Requests ( hard copy)
Quoted per department not in scope)

9.5 p. 82 of 384

COST & SCHEDULE
Additional Cost Schedule:

Labor:

All labor is based on $65 per hour for the term of this agreement Printing Fees:

A -size: $ 2
B -size: $ 4
Other: $ 3 per sq. ft
Laminating fees: $2 /sq R
GPS Data Collection:
800 per day. Includes Leica 1200 RTK data collector and 1- person crew, travel

9.5 p. 83 of 384

COST & SCHEDULE
Maintenance Costs. These estimates are based on actual times, averages over the past 13 months.

General GIS Services. All additional theme data is included, limited to the existing budget.

GPS based development is additional. For example Street Signs, traffic control devices and tree inventory are additional based on the fee schedule above.

The research for new aerial imagery is included in the above fees, actual acquisition of aerial imagery is not included.

GIS Consulting Enterprise Development. Data loading and testing is included as part of this task however, data configuration or development is included.

Schedule
Maintenance is scheduled on a monthly basis with progress reports will be quarterly and project management meetings on a monthly basis. General GIS Consulting services will be as- available.

Priorities and time schedule will be developed prior to commencement of actual work performed.

Enterprise planning and design meetings will be scheduled separately from Basemap Maintenance meetings. This can be easily managed by scheduling a full day at the City. For example, monthly basemap meetings are generally held in the morning from 9: 30 —11: 30 and Enterprise planning meetings held after lunch from 1: 30 — 3: 30.

Onsite will be weekly, one -day including travel time. Patrick Kelleher will be responsible for onsite work. Onsite will include coordination with the City, Tiburon CAD updates, database administration and web development.

9.5 p. 84 of 384
AI
v

CERTIFICATE OF LIABILITY INSURANCE

DATE ( MM / Y)
08/ 31/ 20152015
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.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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).

PRODUCER
Aleene Althouse Agency
StateFarm 1215 Mission St.

Santa Cruz, CA 95060
CONTACT Aleene Althouse NAME:

PHONE 831 - 420 - 1555 AX Ne : 831 460 -1120
E- ADDRESS: MAIL
INSURER( S) AFFORDING COVERAGE NAIC #
INSURER A : State Farm General Insurance Company 25151
INSURED Lynx Technologies Inc.
1350 41st Avenue, Suite 202
Capitola, CA 95010
INSURER B : State Farm Fire and Casualty Company 25143
INSURER C:
05/ 16/ 2016
INSURER D:
1, 000, 000
INSURER E:

PREM SES Ea occurrence)
INSURER F:

COVERAGES CERTIFICATE NUMBER: 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.

INSR

LTR TYPE OF INSURANCE

ADDL SUBR

POLICY NUMBER

POLICY EFF

MM /DD/YYYY

POLICY EXP

MM /DD/YYYY LIMITS

A X COMMERCIAL GENERAL LIABILITY
CLAIMS - MADE 7 OCCUR 97- QE- 4200 -7 0511612015 05/ 16/ 2016 EACH OCCURRENCE 1, 000, 000
PREM SES Ea occurrence) 300, 000
MED EXP ( Any one person) 5, 000

PERSONAL & ADV INJURY
GEN' L AGGREGATE LIMIT APPLIES PER:

POLICY JECT PRO- F7 LOC
OTHER:

GENERAL AGGREGATE 2, 000, 000
PRODUCTS - COMP/ OP AGG 2, 000, 000

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED SCHEDULED

AUTOS AUTOS

NON -OWNED

HIRED AUTOS AUTOS

COMBINED SINGLE LIMIT
Ea accident
BODILY INJURY ( Per person)
BODILY INJURY ( Per accident)

PROPERTY DAMAGE
Peraccident

UMBRELLA LIAB

EXCESS LIAR
OCCUR

CLAIMS - MADE

EACH OCCURRENCE

AGGREGATE
OED RETENTION $

B WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

ANY PROPRIETORIPARTNER/ EXECUTIVE
OFFICER/ MEMBER EXCLUDED?
Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N ! A 97- BO- W731 -8 05/ 16/ 5015 05/ 16/ 2016
I
PER OTHSTATUTE ER
E. L. EACH ACCIDENT 1, 000, 000
E. L. DISEASE - EA EMPLOYEE 1, 000, 000
E. L. DISEASE - POLICY LIMIT 1, 000,000
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached If more space is required) L. GFC 1 IrR. A I t MULUtK UANGtLLA 1 IUN
City of Gilroy, its officers and employees
7351 Rosanna Street
Gilroy, CA 95020

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
Donna Seda
Digitally signed by Donna Selo
DN: cn = Donna Saida, o = State Fann, ou,
email mdonna. seds. dt2y@statefarm. mm, c- US
Data: 2015. 08. 3111: 58: 51 - 07" 00'
1988 -2014 ACORD CORPORATION. All rights reserved.

ACORD 25 ( 2014/ 01) The ACORD name and logo are registered marks of ACORD 1001486 132849. 9 02 -04 -2014

9.5 p. 85 of 384
ACORN® VEHICLE OR EQUIPMENT CERTIFICATE OF INSURANCE

DATE( MM/ DD/ YYYY)
08/ 31 / 2015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

This form is used to report coverages provided to a single specific vehicle or equipment. Do not use this form to report liability coverage provided to multiple vehicles under a single policy. Use ACORD 25 for that purpose.

PRODUCER
StateFaril l Aleene Althouse Agency
1215 Mission Street

CONTACT
NAME: Aleene Althouse
PHONE
Ext ; 831- 420 - 1555 ac NII: 831 - 460 -1120
ADDRESS:

PRODUCER
CUSTOMER ID #: Santa Cruz, CA 95060
INSURERS) AFFORDING COVERAGE NAIC #
BODILY INJURY ( Per person)
INSURED INSURER A: State Farm Mutual Automobile Insurance Company 25178 Kelleher, Patrick INSURER B:

INSURER C:

GENERAL LIABILITY

OCCURRENCE

CLAIMS MADE
1350 41 st Ave Ste 202
Capitola, CA INSURER 0: 95010
INSURER E:

GENERAL AGGREGATE is

DESCRIPTION OF VEHICLE OR EQUIPMENT
YEAR
2013

MAKE / MANUFACTURER
Mini
MODEL
Cooper

BODY TYPE
Conv

VEHICLE IDENTIFICATION NUMBER
WMWSY3C57DT594095

DESCRIPTION

POLICY EXPIRATION

DATE ( MM / DD/ YYYY)

SERIAL NUMBER
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICY( IES) OF INSURANCE LISTED BELOW HASMAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY

PERIOD( S) 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 POLICY( IES) DESCRIBED HEREIN IS /ARE SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICY( IES).

INSR
LTR
AOD' L

INSRD TYPE OF INSURANCE POLICY NUMBER

POLICY EFFECTIVE

DATE ( MM /DD/ YYYY)

POLICY EXPIRATION

DATE ( MM / DD/ YYYY) LIMITS
A

DESCRIPTION OF THE ADDITIONAL INTEREST

X ADDITIONAL INSURED LOSS PAYEE

VEHICLE LIABILITY
288 4299- E29 - 05 05/ 29/2015 11/ 29/ 2015

COMBINED SINGLE LIMIT
BODILY INJURY ( Per person) 1000000
BODILY INJURY ( Per accident) 1000000
PROPERTY DAMAGE 1000000

GENERAL LIABILITY

OCCURRENCE

CLAIMS MADE

EACH OCCURENCE
GENERAL AGGREGATE is
INSR
LTR
LOSS

PAYEE TYPE OF INSURANCE POLICY NUMBER

POLICY EFFECTIVE

DATE ( MM /DD/YYYY)

POLICY EXPIRATION

DATE ( MM /DD/YYYY) LIMITS / DEDUCTIBLE

VEH COLLISION LOSS ACV AGREED AMT

STATED AMT
LIMIT
DED

VEH COMP VEH OTC ACV AGREED AMT

STATED AMT
LIMIT
DED

PROPERTY

BASIC HBROAD

SPECIAL

ACV AGREED AMT

RC STATED AMT
LIMIT
DED
REMARKS ( INCLUDING SPECIAL CONDITIONS I OTHER COVERAGES) ( Attach ACORD 101, Additional Remarks Schedule, If more space Is required)

ADDITIONAL INTEREST CANCELLATION
Select one of the following: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED X The additional interest described below has been added to the policy( ies) listed herein by policy number( s). BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE A request has been submitted to add the additional interest described below to the policy( ies) DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. listed herein b policy numbers .

VEHICLE / EQUIPMENT INTEREST: LEASED FINANCED DESCRIPTION OF THE ADDITIONAL INTEREST

X ADDITIONAL INSURED NAME AND ADDRESS OF ADDITIONAL LOSS PAYEE INTEREST The City of Gilroy LENDER' S LOSS PAYEE
Its Officers and Employees LOAN / LEASE NUMBER
7351 Rosanna St.

Gilroy, CA 95020 AUTHORIZED REPRESENTATIVE
Donna Seda
r:IDSOr.] t5: 55400N0
mmu. C alyenwM1mmm. wus
1997 -2010 ACORD CORPORATION. All rights reserved.

ACORD 23 ( 2010105) The ACORD name and logo are registered marks of ACORD 1004361 142987. 2 01 - 28 -2013

9.5 p. 86 of 384
f
Policy No. 97- QE4200 - 7
FE -6609

SECTION II ADDITIONAL INSURED ENDORSEMENT A
Policy No.: 97- QE4200 - 7
Named Insured: LYNX TECHNOLOGIES INC
Additional Insured ( include address):

THE CITY OF GILROY ITS

OFFICERS REPRESENTATIVES

AGENTS & EMPLOYEES
7351 ROSANNA ST
GILROY CA 95020 - 6196
WHO IS AN INSURED, under SECTION II DESIGNATION OF INSURED, is amended to include as an insured the Additional Insured shown above, but only to the extent that liability is imposed on that Additional Insured solely because of your work performed for that Additional Insured shown above.

Any insurance provided to the Additional Insured shall only apply with respect to a claim made or a suit brought for damages for which you are provided coverage.

The Primary Insurance coverage below applies only when there is an " X" in the box.

Primary Insurance. The insurance provided to the Additional Insured shown above shall be primary insurance. Any insurance carried by the Additional Insured shall be noncontributory with respect to coverage provided to you.

All other policy provisions apply.

FE -6609
Printed in U. S. A.

9.5 p. 87 of 384
A ® CERTIFICATE OF LIABILITY INSURANCE D09/04//2015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy( ies) must 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).

PRODUCER
NAME: Chris Shepherd
Professional Ins. Assoc. /Shepherd & Associates PHONE 408 -526 - 1112 FAX, N.): 408 - 526 -1777 1100 Industrial Road, # 3

E- MAIL
RESS: chris@shepherd- insurance. com
San Carlos, CA 94070 INSURER( S) AFFORDING COVERAGE NAIC e INSURERA: HISCOX Insurance Company, Inc.

EACH OCCURRENCE

INSURED
Lynx Technologies, Inc.
1350 41st Avenue
INSURER B:

CLAIMS - MADE OCCUR
INSURER C:

INSURER D:

INSURER E:

Capitola CA 95010

INSURER F
COVERAGES CERTIFICATE NUMBER: RFVISInN NIIMBFRTHIS 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

INSR

LTR TYPE OF INSURANCE POLICY NUMBER M Y EFF ICY EXPLIMITS

COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE

CLAIMS - MADE OCCUR

DAMAGE TO RE D
SS rrr rice
MED EXP (Any one person)

PERSONAL & ADV INJURY
GEN' LAGGREGATE LI MIT APPLIES PER:

POLICY El ECT F LOC

GENERAL AGGREGATE

PRODUCTS - COMPIOP AGG
OTHER

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
ant
ANY AUTO BODILY INJURY (Per person)

ALL OWNED SCHEDULED
AUTOS AUTOS BODILY INJURY ( Per accident)

PROPERTY DAMAGE
accident

HIRED AUTOS

NON -OWNED
AUTOS

UMBRELLA LAB OCCUR EACH OCCURRENCE

AGGREGATE

EXCESS LIAR C

DED RETENTION
WORKERS COMPENSATION PER THAND EMPLOYERS' LIABILITY YIN

ANY PROPRIETORMARTNER/ EXECUTIVE
OFFICERIMEMSER EXCLUDED? N/ A
1E OR
E.L. EACH ACCIDENT
Mandatory In NH) E.L. DISEASE - EA EMPLOY
If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT A Professional Liability/
E &O Coverage
UDC- 1627864 -EO15 09/ 04/ 1509/ 04/ 11
1, 000, 000 per claim and in the aggregate.

Subject to a $ 10, 000 deductible per claim
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ( ACORD 101, Additional Remarks Schedule, may he attached If more space Is required) Evidence of Professional Liability Coverage
a. crn r rrn. rl r c nviucR
City of Gilroy SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE ECPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

RIZED REPRESENTATIVE
F
Chris Shepherd
ACORD CORPORATION_ All rinhis raniarvwd
ACORD 25 ( 2014101) The ACORD name and logo are registered marks of ACORD

9.5 p. 88 of 384

AGREEMENT FOR SERVICES
For contracts over $ 5, 000 - CONSULTANT)
This AGREEMENT made this 31 s "
day of u i , 20 18 , between:

CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California
and CONSULTANT: Lynx Technologies, Inc., having a principal place of business at 1350 41st Ave, Suite 202 Capitola, CA 95010
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on -V i / Q and will continue in effect through? i unless terminated in accordance with the provisions of Article 7 of this Agreement.

Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein. > kInitial ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention ofthe parties that CONSULTANT is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes.

CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY' S employees, including, without limitation, disability or unemployment insurance, workers' compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement.

ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
A. Specific Services
CONSULTANT agrees to: Perform the services as outlined in Exhibit " A" ( " Specific Provisions ") and Exhibit " B" ( " Scope of Services "), within the time periods described in Exhibit " C" ( " Milestone Schedule ").

B. Method of Performing Services
CONSULTANT shall determine the method, details and means of performing the above - described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT' S services.
4835- 2267 -03610
LAC104706083

9.5 p. 89 of 384
C. Employment of Assistants
CONSULTANT may, at the CONSULTANT' S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT' S assistants in the performance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding.

D. Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT' S services.

ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit " D" ( " Payment Schedule "). In no event however shall the total compensation paid to CONSULTANT exceed $ 72, 000. 00.

B. Invoices
CONSULTANT shall submit invoices for all services rendered.

C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit " D ". No payment will be made unless CONSULTANT has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses ( as provided for in Exhibit "A ", Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty ( 30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties.

D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT' S costs of doing business. CITY shall not be 4835 - 2267 -03610 _ 2_ LAC104706083

9.5 p. 90 of 384
responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting " direct expenses" referenced on Exhibit "A." ARTICLE 5. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY.

B. Workers' Compensation
CONSULTANT agrees to provide workers' compensation insurance for CONSULTANT' S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys' fees, arising out of any injury, disability, or death of any of CONSULTANT' S employees.

C. Indemnification of Liability, Duty to Defend

1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY ( which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT' S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property.

2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT' S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property.

D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: ( a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1, 000, 000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, 4835 - 2267- 0361v1 _
LAC104706083 -
3 9.5
p. 91 of 384
including the loss of use thereof; and ( b) Professional Liability Insurance ( Errors & Omissions) with a minimum coverage of $1, 000, 000 per occurrence or claim, and $ 2, 000, 000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claims made basis ( including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five ( 5) years after the completion of the contract work. If claims made coverage is canceled or non - renewed, and not replaced with another claims -made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONSULTANT must purchase so called extended reporting" or " tail" coverage for a minimum of five ( 5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work. As a condition precedent to CITY' S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage ( naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in ( a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms.

E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion.

F. State and Federal Taxes
As CONSULTANT is not CITY' S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that:

CITY will not withhold FICA ( Social Security) from CONSULTANT' S payments;
CITY will not make state or federal unemployment insurance contributions on CONSULTANT' S behalf,
CITY will not withhold state or federal income tax from payment to CONSULTANT;
CITY will not make disability insurance contributions on behalf of CONSULTANT;
CITY will not obtain workers' compensation insurance on behalf of CONSULTANT.
4835 - 2267 -03610
LAC104706083 - 4-

9.5 p. 92 of 384
ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT' S duties under this Agreement.

B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT' S duties or obligations under this Agreement.

ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of Consultant' s Business/ Death of Consultant.

CONSULTANT shall notify CITY of the proposed sale of CONSULTANT' s business no later than thirty ( 30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty ( 30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty ( 30) days after CITY' receipt of such notice of sale.

If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT.

B. Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY' S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following:

1. CONSULTANT' S failure to professionally and/ or timely perform any of the services contemplated by this Agreement.

2. CONSULTANT' S breach of any of its representations, warranties or covenants contained in this Agreement.

CONSULTANT shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C" which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT' S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY 4835-2267-036101 _ 5 _ LAC104706083

9.5 p. 93 of 384
may have, CONSULTANT shall reimburse CITY, within ten ( 10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement.

C. Termination for Failure to Make Agreed -Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT' S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY.

D. Transition after Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONSULTANT' s duties by any new consultant hired by the CITY to complete such services.

ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto.

S. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 ( " the Act ") in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys' fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either.
4835- 2267- 0361v1
LAC104706083

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C. Attorneys' Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing parry will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that parry may be entitled.

D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation.

E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis ofthe race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor.

F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement.

G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any parry, or anyone acting on behalf of any parry, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding.

No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. 4835 - 2267 -03610 _
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H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California.

I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit " A ", Section V.H. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three ( 3) days after mailing.

L Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

K. Time ofthe Essence
All dates and times referred to in this Agreement are of the essence.

L. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.

Executed at Gilroy, California, on the date and year first above written. t
CONSULTANT: CITY
Lynx Technologies, Inc. CITY OF GILROY
By:

Name: Patrick Kelleher
Title: CEO
Social Security or Taxpayer
Identification Number 26- 1717677
4836- 2267. 0361v1 -
g- LAC104706083
By:

Name: Gabriel Gonzales
Title: City Administrator

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Approved as to Form *-
7,
City Attorn y
4835- 2267- 0361v1 _
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EXHIBIT " A"

SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit " B ", Scope of Services ( " Services "). ( All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONSULTANT agrees to assign Patrick Kelleher, who will act in the capacity of Project Manager, and who will personally direct such Services.

Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement.

II. NOTICE TO PROCEED / COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written Notice to Proceed ", which Notice to Proceed shall be in the form of a written communication from designated City contact person( s). Notice to Proceed may be in the form of e -mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, Gary Heap shall be the designated City, contact person( s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the Section V.H. ( "Notices ") of this Exhibit " A ".

B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two ( 2) weeks of such request, or if CITY determines that CONSULTANT has not completed all of such Services as required by this Agreement, CITY shall so inform CONSULTANT within this two ( 2) week period.

III. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached Exhibit " C ".

IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement. 4835- 2267- 0361v1
LAC104706083

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Direct expenses are charges and fees not included in Exhibit " B ". CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY.

CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct expenses.

Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses.

V. OTHER PROVISIONS
CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT' S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.

Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well - organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes.

B. RESPONSIBILITY OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY' S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT' S negligent performance of any of the services furnished under this Agreement.

C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records ( including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three ( 3) years ( from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY' s offices within five ( 5) business days after CITY' s request. 4835- 2267 -03610 _ 2_
LAM04706083

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D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data ( including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry ( other than that which becomes generally known as the result of CONSULTANT' S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY' S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY.

E. NO PLEDGING OF CITY' S CREDIT.

Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY.

F. OWNERSHIP OF MATERIAL.

All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared ( or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.D of this Exhibit " A ".

CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT.

G. NO THIRD PARTY BENEFICIARY.

This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third parry or parties shall have any claim or right of action hereunder for any cause whatsoever.
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H. NOTICES.

Notices are to be sent as follows:

CITY: 6-a Recte
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: Lynx Technologies, Inc.
1350 41st Ave., Suite 202
Capitola, CA
95010
I. FEDERAL FUNDING REQUIREMENTS.

If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements ofthis Section V.I. apply.

If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply.

1. DBE Program
CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations ( 49 CFR 26) and the City- adopted Disadvantaged Business Enterprise programs.

2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items.

3. Covenant against Contingent Fees
The CONSULTANT warrants that he /she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Agreement, and that he /she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
4835 - 2267 -03610 _ 4_ LAM04706083

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EXHIBIT " B"

SCOPE OF SERVICES
4835 - 2267 - 0361 v1 1 _ LAC104706083

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EXHIBIT "B"

SCOPE OF SERVICES
Item
Hours per Total Cost
Month
Maintenance and Project Work 58 52, 200
Land base maintenance of parcel, street and address changes to the GIS. This includes monthly extraction of assessor' s records, coordinating with county and the City to acquire all recording documents.

Building footprints for Commercial, High Density Residential, and Public Facilities.

Street Improvements i. e. classification of sidewalk, curb and gutter and existing PCI rating.

Assist engineering with future plans for Utility projects. This will include facilitating database design review, coordinating with contractors and help to analyze future GIS integration with CMMS.

Other overlays as needed. For example, downtown economic development layers, Specific Plan, and school districts will be added over the next few months.

Open Data Portal. Work with Microsoft' s SSIS environment and other city staff to provide systematic and automated data for the City' s mission to provide data for public consumption.

Database Administration 8 7, 200
Software Upgrades
Software support and sever administrations ( Application services, SQL Server administration)
Spatial indexing
Compressing the database periodically
Managing users access to layers etc.

Performance tuning
Version management and administration
Feature data set validation and rule -based integrity analyses Develop a database model of the existing database
Develop a new database design based on current Best Management Practices with a focus on integration with the City' s Community Development database, Tidemark.

Develop a versioning model and managing the versioned database.

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GIS Web Viewer, Development and 14 12, 600
Administration
City GIS has implemented a new and more robust web viewer using ArcGIS Server and Geocortex environments. There is one internal site with several themed views for use by internal staff throughout the city. A second viewer was also released earlier this year for public access to spatial information. This viewer allows the public to use iPad and smartphone technology to view the GIS.

Continued development within these frameworks will expand functionality and ease of use for internal and external users.

Integrate the existing MTC data with the city' s GIS so that street moratorium and pavement condition and planned street
improvement projects are available. Improve the architecture and performance of the GIS.

TOTAL 80 $ 72, 000

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EXHIBIT " C"

MILESTONE SCHEDULE
Services will be provided on a monthly basis. Service equests will be prioritized on a as needed basis.
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EXHIBIT " D"

PAYMENT SCHEDULE
Work will be invoiced monthly. Invoices will only include actual hours worked rather than a preset amount and therefore will vary. All inovices will provide sufficient detail of work performed. 4835 - 2267 -03610
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City of Gilroy

STAFF REPORT
Agenda Item Title: Approve First Amendment to Agreement with The Pun Group LLP for a Two-Year Extension to Provide
Annual Financial Audit and Reporting Services with a
Revised Not-to-Exceed Amount of $388,364
Meeting Date: June 19, 2023
From: Jimmy Forbis, City Administrator
Department: Finance
Submitted By: Harjot Sangha, Finance Director
Prepared By: Rosemary Guerrero, Finance Manager
STRATEGIC PLAN GOALS Develop a Financially Resilient Organization

RECOMMENDATION
Approve the first amendment to the agreement with The Pun Group LLP to extend the term for two additional years pursuant to the original agreement, and add an additional $162,263, for a revised not-to-exceed amount of $388,364, for professional auditing and reporting services.

EXECUTIVE SUMMARY
ABC...

BACKGROUND
ABC...

ANALYSIS
ABC...

ALTERNATIVES
ABC...

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Approve First Amendment to Agreement with The Pun Group LLP for a Two-Year Extension to Provide Annual Financial Audit and Reporting Services with a Revised Not-to-Exceed Amount of $388,364
City of Gilroy City Council Page 2 of 2 June 19, 2023

FISCAL IMPACT/FUNDING SOURCE
ABC...

PUBLIC OUTREACH
ABC...

NEXT STEPS
ABC...

Attachments:

1. First Amendment to the Agreement

2. Original Agreement

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City of Gilroy

STAFF REPORT
Agenda Item Title: Approval of a Notice of Acceptance of Completion for the FY23 Annual Citywide Curb Ramp Project No. 23-
PW-280 and Approval of a Final Contract with J.J.R.

Construction in the Amount of $159,065
Meeting Date: June 19, 2023
From: Jimmy Forbis, City Administrator
Department: Public Works
Submitted By: Daryl Jordan, Public Works Director
Prepared By: Julie Oates, Engineer I
STRATEGIC PLAN GOALS Maintain and Improve City Infrastructure

RECOMMENDATION
a. Approve a Notice of Acceptance of Completion for the FY23 Annual Citywide Curb Ramp Project No. 23-PW-280.
b. Approve a final contract in the amount of $159,065 with J.J.R. Construction for the FY23 Annual Citywide Curb Ramp Project No. 23-PW-280.

EXECUTIVE SUMMARY
The Public Works Department has completed construction of the FY23 Annual Citywide Curb Ramp Project and has reviewed and approved all project documentation. The project consisted of the construction of 23 ADA-compliant pedestrian curb ramps for a total construction cost of $159,065. Staff recommends the City Council’s approval of the Notice of Acceptance of Completion for the FY23 Annual Citywide Curb Ramp Project No. 23-PW-280.

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Approval of a Notice of Acceptance of Completion for the FY23 Annual Citywide Curb Ramp Project No. 23-PW-280 and Approval of a Final Contract with J.J.R. Construction in the Amount of $159,065
City of Gilroy City Council Page 2 of 2 June 19, 2023

BACKGROUND
On March 20, 2023, Council awarded a contract to J.J.R. Construction for the construction of the FY23 Annual Citywide Curb Ramp Project in the amount of $158,695 with a project contingency of $15,870 (10%) for a maximum project expenditure of $174,565 and authorized the City Administrator to execute the contract and associated documents.

ANALYSIS
The project scope of work included the construction of 23 ADA-compliant pedestrian curb ramps at the following locations:
• Seven on Wren Avenue between Tatum Avenue and Ronan Avenue • Six on Church Street between Bennett Street and W. Las Animas Avenue • Six on Church Street between Southgate Court and Eleventh Street • Two on Princevalle Street at Stephan Court
• Two on Old Gilroy Street at East Street
One construction change order (CCO) was executed for the project. The change order was the result of bid item quantity adjustments based on field conditions. The change order resulted in a net increase in the contract value of $370, which resulted in a total construction cost of $159,065. A total of $370 in contingency funds were used for the project.

Description Amount
Original Contract $158,695
Change Order #1 $370
Final Construction Cost $159,065
The project was completed on time and within budget on May 11, 2023. Project documentation has been completed, and the Contractor has addressed all punch-list items. Staff recommends that the City Council approve the Notice of Acceptance of Completion for the FY23 Annual Citywide Curb Ramp Project No. 23-PW-280.

The total project construction cost was $159,065, which represents an increase of $370 from the awarded contract total of $158,695. The construction of this project was funded by the Gas Tax Fund (205).

Attachments:

1. 23-PW-280 NOC

2. 23-PW-280 CCO#1

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City of Gilroy CA
7351 Rosanna Street Gilroy, CA 95020
408-846-0223
Contract Change Order
Project Title FY23 Citywide Curb Ramp Project Contractor J.J.R. Construction Project Number 23-PW-280 Contact Samim Shakoori
Change Order Number 1 Phone 6505541216
Date Submitted May 23, 2023 3:54 PM Address 1120 Ninth Ave San Mateo, CA 94402 Date Approved May 23, 2023 5:21 PM

Page 1 of 2 ends

You are hereby directed to make the herein changes from the plans and specifications or do the following work not included in the plans and specifications on the contract.

Bid Item Changes
4] Remove and Replace Caltrans Case B Curb Ramp. Contract Qty: 1.00, Actual Qty: 0.00 / Additional -1 EA @ $5455.00 = $0.00 7] Retrofit Existing Curb Ramp. Contract Qty: 4.00, Actual Qty: 0.00 / Additional -4 EA @ $1500.00 = $0.00 8] Minor Concrete Curb and Gutter. Contract Qty: 10.00, Actual Qty: 24.00 / Additional 14 LF @ $120.00 = $2,880.00 9] Remove and Replace 4-Inch PCC Sidewalk. Contract Qty: 20.00, Actual Qty: 822.25 / Additional 802.25 SF @ $20.00 = $16,445.00
10] Red Curb Marking. Contract Qty: 60.00, Actual Qty: 0.00 / Additional -60 LF @ $15.00 = $0.00 11] Remove Tree Per Certified Arborist Recommendation. Contract Qty: 1.00, Actual Qty: 0.00 / Additional -1 EA @ $5000.00 = $0.00
New Line Items
By this change, time of completion and/or price adjustment is:

Time Extension: Yes [ ] No [ X ] If yes, # of days: 0
[ X ] The agreed Lump Sum price for this change order work is $370.00 [ ] The agreed cost for the Extra Work above will not exceed [ ] By Contract Unit Price [ ] By Force Account in accordance with Standard Specifications Summary:

Payment Adjustment: The total agreed cost of this Change Order is $370.00 Time Adjustment: 0 days
FY23 Citywide Curb Ramp Project #23-PW-280 Page 1/2

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City of Gilroy CA
7351 Rosanna Street Gilroy, CA 95020
408-846-0223
Cost this Change Order $370.00 Statement of Contract Time Days Date Estimated or Exact Exact Date of Notice to Proceed 04/24/2023 Original Contract Price $158,695.00 Original Contract Days 45 Total of all Approved Changes $0.00 Computed Date of Completion 06/26/2023 Orders including this CCO $370.00 Time Extension Days this CCO 0 % of Original Contract 0.2 Total Time Ext Days all CCOs 0 Revised Contract Price $159,065.00 Extended Date of Completion 06/26/2023 Approved By:
1] Samim Shakoori, Sr. Project Manager - May 23, 2023 @ 5:13 PM 2] Julie Oates, Engineer II - May 23, 2023 @ 5:21 PM
We, the undersigned contractor, have given careful consideration of the change proposed and hereby agree, if the proposal is approved, that we will provide all equipment, furnish all materials except as may otherwise be noted above, and perform all services necessary for the work above as specified, and will accept as full payment, therefore, the prices shown above.

Julie Oates, Engineer II - May 23, 2023 @ 5:21 PM
If the Contractor does not sign this change order, his attention is directed to the requirements of the specifications as to proceeding with change order work and filing a written protest within the time therein specified.

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City of Gilroy

STAFF REPORT
Agenda Item Title: Adoption of an Ordinance Amending Gilroy Crossings Phase II Commercial/Industrial Planned
Unit Development Zone District for Property Located
at 6970 Camino Arroyo
Meeting Date: June 19, 2023
From: Jimmy Forbis, City Administrator
Department: Community Development
Submitted By: Sharon Goei, Community Development Director Prepared By: Kraig Tambornini, Senior Planner
STRATEGIC PLAN GOALS Promote Economic Development Activities

RECOMMENDATION
Adopt an ordinance amending Gilroy Crossings Phase II Commercial/Industrial Planned Unit Development Zone District for property located at 6970 Camino Arroyo.

ANALYSIS
At the June 5, 2023 City Council Regular Meeting, the City Council considered and introduced an ordinance amending the Gilroy Crossings Phase II Planned Unit Development Zone District.

The City Council motioned to read the ordinance by title only, waived further reading of the ordinance, and then introduced the ordinance with a 7-0 vote.

The City Council is now asked to adopt the ordinance consistent with its June 5, 2023, action. The ordinance will take effect thirty (30) days from the date of Council adoption.

Attachments:

1. Proposed Ordinance

2. June 5, 2023 Staff Report

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ORDINANCE NO. 2023-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

GILROY AMENDING GILROY CROSSINGS PHASE II

COMMERCIAL/INDUSTRIAL PLANNED UNIT
DEVELOPMENT (C3-HC-M2 PUD) ZONE DISTRICT FOR
THE GILROY SQUARE PROJECT CONSISTING OF 10.18
ACRES OF PROPERTY LOCATED AT 6970 CAMINO
ARROYO, APN: APN 841-70-049 (FILE NUMBER Z 22-02)
WHEREAS, on July 29, 2021, Bhagirath Desai, Temple Gilroy LLC submitted an application requesting the adoption of a planned unit amendment and establishing the development plan for Phase II of the Gilroy Crossings C3-HC-M2 PUD for the Gilroy Square development project consisting of a drive-through restaurant, vehicle fueling station with a convenience store and carwash, two 4 story hotels with 200 rooms, and two speculative industrial buildings; and
WHEREAS, on May 4, 2023, the Planning Commission held a duly noticed public hearing, considered written and oral public testimony, made affirmative findings that the zoning amendment implements the purposes and intent of the zoning code and the general plan goals and policies, and by a 6-0-1 vote recommended that the City Council approve the zoning amendment; and
WHEREAS, on June 5, 2023, the City Council held a duly noticed public hearing, considered written and oral public testimony, the staff report, and all other documentation related to the zoning amendment; and
WHEREAS, an initial study/mitigated negative declaration (MND) and mitigation monitoring and reporting program (MMRP) were adopted for the project by separate resolution, which incorporates mitigation measures identified to reduce project potential environmental impacts to less than significant, in compliance with the California Environmental Quality Act; and
WHEREAS, the location and custodian of the documents or other materials that constitute the record of proceedings upon which Z 22-02 approval is based in the office of the City Clerk.

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

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Resolution No. 2023-XX
PUD Zoning Amendment
City Council Regular Meeting | June 19, 2023

Page 2 of 3 ends

SECTION I
The City Council finds that:

A. The planned unit development zoning amendment to Z 02-06 for the subject Gilroy Crossings Phase II Planned Unit Development (PUD) overlay zone requires approval of a planned unit development permit prior to site development, subject to Gilroy City Code Section 30.50.50(d) findings. The Gilroy Square project includes a concurrent development plan permit application AS 21-13, which is incorporated herein by reference and including any subsequent amendments that may be approved in compliance with the PUD overlay district regulations.

B. The project conforms to the Gilroy General Plan in terms of general location and standards of development given that the project is consistent with the General Services and General Industrial land use designations as it consists of industrial and retail development as anticipated for the site, has been reviewed for compliance with the General Plan goals, and would substantially implement all applicable policies of the General Plan.

C. The project provides the type of development that would fill a specific need of the surrounding area. The PUD is required to implement development for this site pursuant to the original PUD and development plan approval AS 02-22 planning commission resolution 2003-3. As proposed the general purposes and intent of the zoning code are satisfied, including the general intent of Section 30.1.10 and the intent of Section 30.26.10 (Planned Unit Development), by proposing a planned development amendment to support the types of commercial and industrial development anticipated for the site and which would benefit Gilroy residents and visitors.

D. The project will not require urban services beyond those that are currently available. All utilities needed to serve the project are located adjacent to the property. No increase in capacity or extension of services is required to serve buildout of the site.

E. The project reflects an economical and efficient pattern of land uses by developing the full potential of the site intensity with commercial and industrial land uses, and promotes an orderly pattern of development by following the existing pattern of development, utilizing approved access points from rights of way, and providing adequate internal and cross lot access.

SECTION II
If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby.

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Resolution No. 2023-XX
PUD Zoning Amendment
City Council Regular Meeting | June 19, 2023

Page 3 of 3 ends

SECTION III
Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption.

PASSED AND ADOPTED this 19th day of June 2023 by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk

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City of Gilroy

STAFF REPORT
Agenda Item Title: Gilroy Square Project – Gilroy Crossings Phase II Planned Unit Development Zoning Amendment,
Tentative Map, and Architectural and Site Review for
Property Located at 6970 Camino Arroyo (File No: Z
22-02, TM 21-02, AS 21-13)
Meeting Date: June 5, 2023
From: Jimmy Forbis, City Administrator
Department: Community Development
Submitted By: Sharon Goei, Community Development Director Prepared By: Kraig Tambornini, Senior Planner
STRATEGIC PLAN GOALS Promote Economic Development Activities

RECOMMENDATION
Staff has analyzed the proposed project and recommends that the City Council:
a) By resolution, adopt a Mitigated Negative Declaration prepared for the Gilroy Square project, based on the independent analysis of the City Council and in accordance with the California Environmental Quality Act (CEQA); and b) Motion to read an ordinance by title only and waive further reading; and c) Introduce an ordinance of the City Council approving Planned Unit Development Zoning Amendment Z 22-02 for Gilroy Crossings Phase II; and d) Adopt a resolution approving Tentative Map TM 21-02; and e) Adopt a resolution approving Architectural and Site Review AS 21-13 for the Planned Unit Development.

EXECUTIVE SUMMARY
The project proposes to develop 10.18 acres of vacant land within Gilroy Crossings Commercial/Industrial Planned Unit Development (PUD), which is located southeast of Highway 101 and Highway 152. The Gilroy Crossings PUD boundary encompasses approximately 68 acres that include the subject site, Gilroy Crossing Shopping Center

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1 on the west side of Camino Arroyo, and two small industrial parcels south of Holloway Road. The project site was designated for future development as Phase II of the PUD.

An amendment of the PUD is required in order to establish the commercial and industrial land uses and development standards for the buildout of Phase II. The project proposes to develop the site with a drive-through restaurant, gas station, two hotels, and two future industrial buildings. In addition to the zoning amendment, the project requires tentative map and architectural and site review entitlements.

BACKGROUND
Project Background Information: The Gilroy Crossings commercial/industrial planned development was formerly known as Regency Center PUD and permits a mix of commercial and industrial uses. Phase I has been developed as the Gilroy Crossings Shopping Center, with over 458,00 square feet of commercial development. Phase II requires the adoption of a separate development plan, updated traffic study, and environmental analysis prior to its development.

Surrounding Land Uses: The Gilroy Crossings Phase II site is along the east side of Camino Arroyo, between Holloway Road and Highway 152. The Pacheco Pass commercial/industrial planned development, formerly known as Newman Center, is located north of the site across Highway 152. This center includes Lowes, Costco, and Walmart. Vacant and developed commercial and industrial-zoned properties are located on the east side of the site, accessed from Silacci Way.

Environmental Assessment: Environmental review is required prior to City approval of discretionary development projects that do not qualify as exempt or have unique impacts that were not fully assessed in the Environmental Impact Report (EIR) prepared for the City’s General Plan. The purpose of CEQA is to ensure the environmental impacts of a project are disclosed to the public, sufficiently evaluated, and mitigated to the extent possible. If impacts are identified but can be mitigated below significance thresholds, a Mitigated Negative Declaration may be adopted. Otherwise, an EIR would be prepared. After an environmental determination is made, the City can decide whether the project should be approved based on its own merit.

An Environmental Impact Report was adopted for the original Regency Center PUD that included the development of the Phase I shopping center (City Council Resolution 2002-85). The Regency Center EIR included a preliminary assessment of traffic impacts anticipated for the buildout of Phase II. At the time, an intersection level of service standard was used to analyze traffic impacts. The EIR included mitigation measures for traffic improvements to be made as necessary to accommodate Phase II. Alternative mitigation could be applied if supported by a subsequent traffic study (per approval TM 02-06, Condition 26).

Phase II Project CEQA Review:

An updated environmental review has been prepared to analyze the proposed Phase II PUD amendment. This included updated traffic analysis based on vehicle miles traveled (VMT) thresholds and a review of current site characteristics and settings. The updated

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1 review concluded that the project would have less than significant impacts on the environment with conditions and/or mitigation measures incorporated; thus, a Mitigated Negative Declaration (MND) was prepared. The MND assessed Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Hydrology/Water Quality, Noise, Traffic, and Transportation impacts. Comments on the MND were considered and are included in the Final MND prepared for the project.

The Planning Commission independently reviewed and recommended the adoption of the project MND. The City Council must also independently review and determine whether the MND adequately analyzes and mitigates project impacts. The Mitigated Negative Declaration determination form and a Mitigation Monitoring and Reporting Program (MMRP) have been prepared and are attached to this report. The complete Gilroy Square environmental document, including the initial study and appendices, has been published and is available for review on the City website. Links to the documents are included in the attachments to this report.

Based on the analysis prepared for this project, no significant adverse impacts are expected to result from the proposed development, and the City Council can adopt the MND. A draft resolution has been prepared for consideration.

Planning Commission Action: The Planning Commission held a duly noticed public hearing on the project at its regular meeting on May 4, 2023. Following discussion, including consideration of the staff report and comments made at the meeting, the Planning Commission voted 6-0 (with one absent) to recommend the City Council adopt the Mitigated Negative Declaration and approve the zoning amendment, architectural and site review permit, and tentative map requests.

ANALYSIS
General Plan Consistency:

With the subject project, a total of 58.34 acres of land in the PUD would be developed as commercial and 10 acres developed as industrial. Although the General Plan 2040 designates 52 acres for commercial land use and 16.34 acres for industrial, the PUD allows for a 25-percent deviation from base land uses. This would permit up to 65 acres of commercial use within the PUD.

In consultation with the City Attorney, staff has determined that the PUD remains substantially consistent with the land use map, policies, and intent of the General Plan.

Specifically, more than 75 percent of the PUD has been built-out with a mix of commercial and industrial uses, and public improvements have been constructed serving all properties.

A General Plan consistency table has been prepared, and attached to this report, that confirms the project is in substantial conformance with the General Plan 2040 goals, policies, and anticipated land uses.

Zoning Code Conformance:

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1 Consistent with Gilroy City Code (GCC) Section 30.26.30 and the Regency Center PUD, this amendment would establish all site development standards for Phase II. The Planned Unit Development zoning overlay allows flexibility from the requirements of the Zoning Ordinance in exchange for creative project design and extra project amenities.

In this case, the project proposes to conform to the base zoning standards of C3 (Shopping Center Commercial)/HC (Highway Commercial) for the commercial development and M2 (General Industrial) standards for the industrial parcels. Staff and the Planning Commission have concluded that the project complies with all applicable zoning standards and review criteria, as follows:

Architectural and Site Review: The project has been reviewed for compliance with the applicable review criteria, pursuant to in GCC Section 30.50.43 (for architectural and site review) and Section 30.50.50 (for planned development permit review). The project provides adequate vehicle queuing and 392 shared parking spaces, where 372 spaces are required. Bicycle parking will be required in compliance with the building code, which establishes short-term and long-term bicycle parking requirements. The design standards are established in the project architectural drawings, which indicate that buildings would be fully articulated on all four sides and include attractive and quality finishes.

Planned Unit Development: The PUD would build out the site as anticipated, providing new retail, tourism, and employment opportunities. The site plan is logical, orderly and complements the existing center. In addition, the project includes the following amenities:
• Provides greater landscaping covering at least 18% of the site, exceeding the 8% minimum standard required pursuant to section 30.38.60. • Includes a requirement for public art to be installed on-site subject to City approval of location and detail. The site has several possible locations for art placement, including at the main entry from Camino Arroyo, an intersection near Highway 152, or in landscape areas in front of the hotels. • Includes connectivity with the property to the east, which will improve traffic circulation for both sites.

Tentative Map:

The tentative map proposes lots in excess of the minimum 8,000 square foot size required for commercial sites, and lots are sufficiently sized for industrial development.

Each lot has access at the street frontage; existing and proposed easements for shared use and maintenance of the landscaping, parking, and drive aisles; and cross-lot access to the property to the west. The map is in accordance with GCC Chapter 21 regulating subdivisions, given that this property does not require any further right-of-way dedication, has the infrastructure to serve the property, and lots meet the minimum zoning size requirements.

Technical Advisory Committee (TAC): Project plans were routed to Engineering, Building, Police, and Fire representatives for internal review and comment.

Recommendations of the TAC members have been incorporated into the project plans and/or are included as conditions in the attached resolutions.

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1 ALTERNATIVES
Options available to the City Council include project denial or approval with further revision. The project has been determined to satisfy City standards and policies as proposed with conditions. Therefore, staff does not recommend these alternative actions.

FISCAL IMPACT/FUNDING SOURCE
Fees have been collected from the applicant to fund staff time and resources required to evaluate this project. The applicant shall bear all costs of review and construction. The City has no funding obligations associated with the development.

PUBLIC OUTREACH
Property owner information (i.e. list, labels, and map) within 500 feet of the subject site was generated using current ownership data. Notices of the Planning Commission and City Council meetings were mailed to the property owners along with other interested parties at least ten days prior to the hearings. In addition, notices were published in the Gilroy Dispatch, the property has been posted with on-site signage notifying passers-by of pending development, and the Planning Commission and City Council public hearing packets are available through the City's webpage.

NEXT STEPS
If approved, the PUD ordinance amendment would be scheduled for adoption at the June 19, 2023 City Council meeting, after which the applicant can pursue construction permits. Staff would also file a CEQA Notice of Determination within five days of each action.

Attachments:

1. Vicinity Map

2. Planning Commission Resolutions of Approval

3. Planning Commission Staff Report May 4, 2023

4. Project Plans (Architectural, Civil, Landscape, Photometric, Tentative Map, Color and Materials Board)

5. General Plan Compliance Table

6. Links to Project Initial Study/MND CEQA Documents

7. Draft CEQA Resolution
a. Final Revised MND
b. Final Revised MMRP

8. Draft PUD Zoning Amendment Ordinance

9. Draft Tentative Map Approval Resolution

10.Draft Architectural and Site Review Approval Resolution

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City of Gilroy

STAFF REPORT
Agenda Item Title: Adoption of an Ordinance of the City Council of the City of Gilroy Adding Chapter 5 to the Gilroy City
Code Relating to Banning the Use of Certain Public
Rights-of-Way as Sleeping or Living
Accommodations
Meeting Date: June 19, 2023
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Bryce Atkins, Assistant to the City Administrator Prepared By: Bryce Atkins, Assistant to the City Administrator STRATEGIC PLAN GOALS Not Applicable

RECOMMENDATION
Council adopts the ordinance.

BACKGROUND
The proposed ordinance was introduced at the June 5, 2023 City Council Regular Meeting. The ordinance seeks to ban the use of certain public rights-of-way from being used as sleeping or living accommodations. Attached is the introduction of the ordinance staff report from June 5, 2023, which provides the analysis and thorough description of the ordinance and its impacts. If approved, the ordinance would go into effect thirty (30) days after adoption.

ALTERNATIVES
Council may amend or reject this ordinance. This is not recommended, as the Council has provided direction to staff, including the language of the ordinance. Changes may result in the need to restart the adoption process.

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FISCAL IMPACT/FUNDING SOURCE
There is no fiscal impact to adopt the ordinance. Implementation of the ordinance will be carried out through existing staff and financial resources already appropriated.

PUBLIC OUTREACH
Outreach has been conducted on this item, including advertisements in the local newspaper, the City website, and multiple public City Council meetings.

NEXT STEPS
Once adopted, staff will commence working with local service providers to assist in outreach and providing services. The City will also release information through its various social media channels as well as the City’s website.

Attachments:

1. Proposed Ordinance

2. June 5, 2023 Ordinance Introduction Staff Report

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ORDINANCE NO. 2023-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY ADDING CHAPTER 5 TO THE GILROY CITY

CODE RELATING TO BANNING THE USE OF CERTAIN

PUBLIC RIGHTS-OF-WAY AS SLEEPING OR LIVING

ACCOMMODATIONS
WHEREAS, the City Council of the City of Gilroy ("City") has considered the report from City staff and all public comment(s), if any, on the need to enact an ordinance in accordance with prohibiting the use of public rights-of-way as sleeping or living accommodations; and
WHEREAS, the City finds that it has a legitimate and compelling interest in protecting the public health, welfare and safety of its residents, as well as preserving the same within the City, its parks and other public property; and WHEREAS, the City must appropriately consider various interests and formulate policy to best protect public health, safety, welfare, property, and the environment, with limited resources; and
WHEREAS, the City Council acknowledges the lack of nightly shelter beds and housing currently available regionally and recognizes the systemic lack of state and federal investment in shelter and public health services for those experiencing homelessness; and
WHEREAS, the City Council acknowledges that it is currently unavoidable that some people will live or shelter for survival outdoors until they are able to access affordable or free shelter or housing. In Gilroy, this has typically meant sheltering, sometimes for extended periods of time, on City rights-of-way and City property, and at times on other agencies’ property; and
WHEREAS, public rights-of-way and public property are generally intended for public use and travel. The City Council is the authority for public rights-of-way within the City; as such, the City must consider the safety of motorists and pedestrians travelling on roadways and sidewalks, including to and from neighboring properties, businesses, and residences. The City has had increasing concerns regarding safety due to camping on or in rights-of way and public property in or near streets, roads, sidewalks, and public access points; and
WHEREAS, the safety and protection of the most vulnerable population in Gilroy, children, is of paramount concern to the City Council; and WHEREAS, the City Council has heard reports from residents of negative interactions between those using public rights-of-way as sleeping and living accommodations and children travelling on paths towards, and locations near, schools and parks; and

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WHEREAS, the City has also been made aware of instances where encampment locations near bridges in creeks have resulted in damaging activities that if had been left unaddressed could have resulted in eventual infrastructure failure that would negatively impact public safety; and
WHEREAS, the City Council recognizes the difficult challenge of balancing the needs of the residents and public at large to access clean and sanitary public areas, as well as the assurance of safe travel with the needs of individuals who have no alternatives for living accommodations and the storage of their personal property, but also balancing those needs with the concerns of residents that using such property as living and sleep accommodations and storing personal property interferes with the rights of other members of the public to use public areas for their intended purposes and can create a public health or safety hazard that adversely affects those who use public areas.

WHEREAS, the City has determined that an ordinance is necessary to protect the public health, welfare and safety of residents of the City, by enacting regulatory restrictions on using public rights-of-way for sleeping or living accommodations at designated locations; and
WHEREAS, the City will maintain a map showing the portions of the City impacted by this ordinance, included and attached as Attachment A to this resolution; and WHEREAS, the area affected by this ordinance accounts for 24.4% of the total area of the City, leaving a large majority of the City’s total area, 75.6% in total, unaffected by this ordinance; and
WHEREAS, the City now desires to proceed with the process of enacting this ordinance for the purpose of protection of the public health, welfare and safety of its residents.

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

SECTION I
The foregoing recitals are true and correct and are incorporated herein by this reference.

SECTION II
Chapter 5 of the Gilroy City Code shall be added to read as follows:

Chapter 5
Ban on the use of certain areas of public rights-of-way as sleeping or living accommodations

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5.1 Definitions
The definitions contained in this section shall govern the construction, meaning and application of words and phrases used in this Chapter, and shall not apply to any other Chapter of the Gilroy City Code.
(a) "City Employee" means any full or part-time employee of the City of Gilroy. (b) “Personal Property” means any tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, sleeping bags, hammocks, sheds, structures, mattresses, couches, chairs, other furniture, appliances, and personal items such as household items, luggage, backpacks, clothing, documents and medication.
(c) “Public right-of-way” means all property that is owned, managed, or maintained by the City, or where the City possesses a property interest allowing public use of such property (such as a right-of-way interest), and shall include, but not be limited to, any public street, space, ground, building or structure.
(d) “Sidewalk” means that portion of a street, other than the roadway, set apart by curbs, barriers, markings or other delineation, for pedestrian travel. (e) “Street” means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel or parking, and includes every highway, avenue, lane, alley, court, place, square, sidewalk, parking lot, parkway, curbs, bikeway or other public way in this City which has been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state. (f) “Tent” means a collapsible shelter made of fabric or a tarp stretched and sustained by supports, which is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the fabric.

5.2 Prohibition of using public rights-of-way as sleeping or living accommodations. (a) Parks and playgrounds
No person shall obstruct by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property on a street, sidewalk, or other public right-of-way in the following locations when it reasonably appears, in light of all the circumstances, the participants in conducting these activities are in fact using the area as a sleeping or living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging:

1. Within five hundred (500) feet of any park or playground. This prohibition applies all year, overnight, on any weekends and weekdays, even when such facilities may be generally considered closed.

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(b) Other public rights-of-way
No person shall obstruct by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property on a street, sidewalk, or other public right-of-way in the following locations:

1. In a manner that impedes passage, as provided by the Americans with Disabilities Act of 1990, Pub. L, No. 101-336, 104 Stat. 328 (1990), as amended from time to time;

2. Within five hundred (500) feet of any school or daycare facility. This prohibition applies all year, overnight, on any weekends and weekdays, even when such facilities may be generally considered closed.

3. Within one hundred (100) feet of critical infrastructure, including water wells, storm drain basins, railways, bridges and under- and over-passes.

4. Within ten (10) feet of any operational or utilizable building entrance, exit, driveway or loading dock.

5. Within five (5) feet of any fire hydrant, fire plug, or other fire department connection.

6. In a manner that obstructs or unreasonably interferes with the use of the right-of-way for any activity for which the City has issued a permit.

7. In a manner that obstructs any portion of any street or other public right-of-way open to use by motor vehicles, including any portion thereof marked as a bike lane.

8. City creeks and creek embankments within Gilroy City Limits.

5.3 Penalties
A violation of this section involving a person who willfully resists, delays, or obstructs a City employee from enforcing this section or who willfully refuses to comply after being requested to do so by a City employee shall be punishable as a misdemeanor. All other violations of this section shall be enforceable only as infractions pursuant to Gilroy City Code Section 1.7 or by issuance of an administrative citation pursuant to Gilroy City Code Section 6A.13.

SECTION III
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and adopted this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional.

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SECTION IV
This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk is hereby directed to publish this Ordinance or a summary thereof pursuant to Government Code Section 36933.

PASSED AND ADOPTED this 19th day of June 2023 by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk

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ATTACHMENT A
Map of Affected Areas within the City Limits of Gilroy

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City of Gilroy

STAFF REPORT
Agenda Item Title: Introduction and First Reading of an Ordinance of the City Council of the City of Gilroy Adding Chapter 5 to
the Gilroy City Code Relating to Banning the Use of
Certain Public Rights-of-Way as Sleeping or Living
Accommodations
Meeting Date: June 5, 2023
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Bryce Atkins, Assistant to the City Administrator Prepared By: Bryce Atkins, Assistant to the City Administrator STRATEGIC PLAN GOALS Not Applicable

RECOMMENDATION

1. Motion to read the ordinance by title only and waive further reading of the ordinance; and

2. Introduce an ordinance of the City Council of the City of Gilroy adding Chapter 5 to the Gilroy City Code relating to banning the use of certain public rights-of-way as sleeping or living accommodations.

BACKGROUND
The issue of the unhoused, both the conditions they face as well as the impacts on communities, has been in the national spotlight for years and has been an issue that sees increasing coverage in the media and in resident calls for service. The City Council has discussed this topic and formed an Unhoused Ad Hoc Committee to help address some of these challenges. Previous Council discussions on this matter include the following:
• July 5, 2022 – Discussion was held about the unhoused and efforts to address no-camping prohibitions. Council authorized the Gilroy Police Department (“GPD”) to enforce no-camping ordinances on public property if it offers space at

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1 a homeless shelter to individuals beforehand and ensures that the particular shelter that it is offering to connect the individual with could accommodate their needs pursuant to The Americans with Disabilities Act (“ADA”). Additionally, Council authorized City personnel to clean and clear encampments in public parks and other public lands in compliance with a written protocol – GPD Police Policy 411 – that provides a number of safeguards required by the Courts, including outreach and notice to occupants, provision of social services, photographic documentation, safeguarding of occupants’ personal property, and the making available of shelter space for displaced occupants. • September 12, 2022 – Discussion was held about what other cities have done and that is consistent with the Boise decision and that an ordinance prohibiting sitting, lying, or sleeping outside at particular times or in particular locations would be constitutionally permissible. Staff received directions to bring back key points for a potential ordinance that would prohibit camping in certain locations. • March 20, 2023 – Discussion on draft key policy points for a potential ban on what was referred to as camping in and near parks, schools, daycares, and critical infrastructure. The Council provided feedback to staff on modifications to be made and their concerns with the language. The ordinance for introduction this evening was based on a modified policy outline based on Council’s comments at this meeting.
• May 15, 2023 – Discussion was held regarding the proposed ordinance to obtain direction if the ordinance was to proceed with introduction and a public hearing.

Discussion included the impact assessment of the ordinance and approach to enforcement. The City Council directed no changes to the ordinance at this meeting.

City Supported Services and Programs for the Unhoused
In addressing this issue overall, the City has and continues to help provide or coordinate the provision of services and regulations to lessen impacts on the community. Some of the work that the City has contributed towards this effort includes the following:

Work performed to coordinate and provide services to the unhoused:
• Support Affordable Housing Efforts – This includes the Measure A Housing Project at the 8th and Alexander location and supporting the efforts alongside Santa Clara County to bring additional affordable housing programs to Gilroy. • Safe Parking Program – although the City was unable to identify a suitable service provider, the project is still a standing recommendation for pursuit by the City.
• Partner with the City of Morgan Hill – the City has been working with Morgan Hill on emergency response and unhoused issues, including consistent inclement weather sheltering policies and programs.

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1 • Continue supporting unhoused service providers through CDBG grant funding – The City Council recently approved the most recent CDBG allocations to our unhoused service providers on May 1, 2023.
• Coordinate monthly check-in meetings with lead unhoused service providers to address local unhoused issues – Community Development staff has taken a leadership position to help coordinate these meetings of service providers to help provide services to the unhoused in the community.
• Endorsement of Destination Home’s Community Plan to End Homeless. • Researching an agency to provide drug rehabilitation, job training, and job placement services.
• Partner with the County Office of Supportive Housing – this has helped the City to gain access to its federal Permanent Local Housing Allocation funding. • Quality of Life Officers – hired two officers who are trained and tasked to both help connect the unhoused to service providers and, when necessary, enforce laws in and around encampments.

Work being performed to mitigate impacts:
• Mobile Garbage Removal Program – the City engaged a contractor to do select cleanup activities, and now the City has concluded the hiring process to hire two part-time employees to help with roving cleanup activities. • Purchase of a garbage removal dump truck – this has assisted Code Enforcement and other staffing in the garbage and illegal dumping cleanups. • Organization of community cleanup days – this work continues, with two cleanup events done, one on May 20th and continuing monthly.

Current Policy Restated
At the July 5, 2022 meeting, Council authorized the Gilroy Police Department (“GPD”) to enforce no-camping ordinances on public property if it offers space at a homeless shelter to individuals beforehand and ensures that the shelter that it is offering to connect the individual with could accommodate their needs pursuant to the Americans with Disabilities Act (“ADA”). Additionally, Council authorized City personnel to clean and clear encampments in public parks and other public lands in compliance with a written protocol – GPD Police Policy 411 – that provides several safeguards required by the Courts, including outreach and notice to occupants, provision of social services, photographic documentation, safeguarding of occupants’ personal property, and the making available of shelter space for displaced occupants.

Initial Council Direction
The City had a meeting on September 12th where a discussion of the Los Angeles ordinance was conducted. The ordinance, which sought to establish a no-camping ban surrounding daycares and parks, was adopted by the City of Los Angeles but had not yet taken force. At the conclusion of this meeting, staff received direction to bring back key points for a potential ordinance that would prohibit unhoused camping in certain locations. Generally, this included:

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1 • 500 feet of schools, parks, daycares, playgrounds, and other locations where children are expected.
• In areas with critical infrastructure.
• Locations that would restrict access to public safety or public infrastructure locations.
• Creeks.
• Definition of camping.

ANALYSIS
Ordinance Overall
The basis for the ordinance, as discussed at previous meetings, is tied to language that scaled back the breadth of the Boise decision. Legal challenges presented by the 2019 Boise decision restricted the ability of local agencies to enforce ordinances against camping on public property. The key issue that was presented is the court decision explaining that a municipality cannot criminalize sitting, sleeping, or lying in public “when no sleeping place is practically available in any shelter.” However, there was language that scaled back the breadth, as well as other courts elaborating on the limits, such as:

Naturally, our holding does not cover individuals who do have access to adequate temporary shelter, whether because they have the means to pay for it or because it is realistically available to them for free, but who choose not to use it. Nor do we suggest that a jurisdiction with insufficient shelter can never criminalize the act of sleeping outside. Even where shelter is unavailable, an ordinance prohibiting sitting, lying, or sleeping outside at particular times or in particular locations might well be constitutionally permissible [emphasis added]. So, too, might an ordinance barring the obstruction of public rights of way or the erection of certain structures.

Whether some other ordinance is consistent with the Eighth Amendment will depend, as here, on whether it punishes a person for lacking the means to live out the "universal and unavoidable consequences of being human" in the way the ordinance prescribes. (Id. at 1136.) Revisions
At the March 20, 2023 Regular Meeting, Council discussed the key policy points, making changes and asking clarification questions. Topics of adjustments included the inclusion of creeks, the need to refine language regarding the degree of prohibition in parks, and a need for simplification when it came to critical infrastructure. At the May 15th meeting, a proposed ordinance was presented, which included these edits. No further edits were directed.

Ordinance Provisions
The ordinance focuses on the ban on public rights-of-way. As defined in the proposed ordinance, the public right-of-way is all property that is owned, managed, or maintained by the City or where the City possesses a property interest allowing public use of such property (such as a right-of-way interest) and shall include, but not be limited to, any

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1 public street, space, ground, building or structure. The enforcement provisions only pertain to these areas. For example, if an individual is attempting to use property that is not owned by the City, such as a creek owned by Santa Clara Valley Water District, the City would not enforce against it under this ordinance since it is not a public right-ofway.

Ordinance Prohibition Areas
Below is a brief description regarding the classifications that drive the prohibition areas surrounding using public rights-of-way as sleeping or living accommodations. These areas are described and analyzed in the staff report for the May 15, 2023 agenda item regarding the proposed ordinance. All these prohibition area categories are contained within the ordinance under Section 5.2, beginning on the third page of the attached ordinance.

5.2(a) Parks and playgrounds
Parks and playgrounds are contained in the ordinance but with different language regarding the ban from the other prohibition areas. The ordinance was modified from the original language proposed on March 20, 2023. Originally combined into a single category along with schools and daycares, parks were pulled out separately from the others as a result of discussion with the City Council, wanting to make allowances for all residents, housed and unhoused, to use the park in such a manner as is customary for a park. There was a concern raised that the language of sitting, lying, and sleeping in the park would limit the unhoused from using the park for its customary types of use. As such, the language for this section was modified from the original proposal. The language in the ordinance states:

No person shall obstruct by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property on a street, sidewalk, or other public right-of-way in the following locations when it reasonably appears, in light of all the circumstances, the participants in conducting these activities are in fact using the area as a sleeping or living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging:

1. Within five hundred (500) feet of any park or playground. This prohibition applies all year, overnight, on any weekends and weekdays, even when such facilities may be generally considered closed.

This change allows for the use of the park for normal, non-camping park purposes while not allowing camping in the park.

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1 5.2(b) Other public rights-of-way
This section identifies the other public rights-of-way that are prohibited from use as sleeping or living accommodations. Each of these falls under this prohibition language:

There are eight categories identified, each provided below. Of these, three are not tied to any specific, fixed location, and two categories are too small and numerous to map efficiently and effectively. Therefore, there are three of these categories that were used to designate the prohibited areas on the map in Attachment A to the ordinance, in addition to parks as mentioned above. They are identified with an (m) added to the end of the categories below for mapped prohibition areas. The eight categories in this section of the ordinance are as follows:

1. In a manner that impedes passage, as provided by the Americans with Disabilities Act of 1990, Pub. L, No. 101-336, 104 Stat. 328 (1990), as amended from time to time;

3. Within one hundred (100) feet of critical infrastructure, including water wells, storm drain basins, railways, bridges and under- and over-passes. (m)

4. Within ten (10) feet of any operational or utilizable building entrance, exit, driveway or loading dock.

5. Within five (5) feet of any fire hydrant, fire plug, or other fire department connection.

6. In a manner that obstructs or unreasonably interferes with the use of the right-ofway for any activity for which the City has issued a permit.

7. In a manner that obstructs any portion of any street or other public right-of-way open to use by motor vehicles, including any portion thereof marked as a bike lane.

8. City creeks and creek embankments within Gilroy City limits. (m) Overall Impact Information
The staff report for the May 15, 2023 City Council Regular Meeting provided an extensive analysis of each mapped category and should be reviewed for that analysis.

Overall, the only currently known encampments within the prohibition area that are on public rights-of-way are individuals located on the City-owned portion of Uvas Creek, roughly estimated at between 75 and 100 individuals.

In totality, 24.4% of the total area contained within the City Limits falls within the prohibition area under this ordinance, leaving 75.6% of the City’s total area not affected by this ordinance, which is most of the total area of the City. The original report had

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1 31.6% of the total City area affected, however further map refinement requires an adjustment to the percentage. Below is the breakdown from the City’s GIS data of the total City area, and the total amount of area affected by this ordinance within the City limits:

Prohibition Areas Acreage
Schools 1,073.43
Preschools and Daycares 526.22
Parks 1,526.28
Water Division Wells 25.20
Gilroy Bridges 31.12
Railroad – Only the portion in City Limits 119.35
Under and Over Passes 20.99
City portion of the Creek 28.25
Subtotal of Prohibition Coverage 3,350.84
Duplicate Area Adjustment within City Limits -762.97
Proposed Area Covered by Prohibition 2,587.87
City Limits 10,586.75
Percent of City Area Affected by Prohibition 24.44%
Percent of City Area Not Affected by Prohibition 75.56% Enforcement
The ordinance does not criminalize sleeping in the open. It limits the locations, prohibiting the use of certain public rights-of-way from being used as sleeping or living accommodations. It provides that the only act subject to a misdemeanor is the refusal to relocate from a prohibited area when instructed to do so by a City employee.

Once the ordinance is adopted, the Quality of Life Officers and Community Development staff will engage our Local Service Providers Group to outreach to those within the prohibited areas during the 30-day waiting period for the ordinance to become effective. The intent is to allow the maximum time for accessing services from our local and regional service providers and attempting voluntary compliance. Enforcement is discretionary and subject to various staffing and budgetary constraints.

ALTERNATIVES
Council may choose to reject or modify the ordinance. Should Council determine to modify the proposed ordinance, the introduction process would be restarted with a new introduction and first reading.

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1 FISCAL IMPACT/FUNDING SOURCE
Adopting the ordinance will not have a financial impact on the City. The costs of advertising the ordinance, as well as enforcement of such policies, will be carried out through existing staff resources and financial resources that are already appropriated each year.

PUBLIC OUTREACH
This subject has been discussed at multiple public meetings. These include the following:
• July 5, 2022;
• September 12, 2022;
• March 20, 2023;
• May 15, 2023; and
• tonight’s meeting.

These discussions have focused on creating a policy to address unhoused individuals utilizing parks, creeks, and other public areas as living and sleeping accommodations.

In addition, the City Council created an Unhoused ad hoc committee, which developed 14 recommendations to help both the unhoused and to mitigate the effects of the unhoused on their neighboring communities.

Additionally, the City advertised this public hearing in the local newspaper and on the City’s website.

Upon adoption, the City will finalize and release informational materials and maps of the prohibited areas within City Limits and coordinate across departments to help maximize the outreach to those affected by the ordinance, as well as the public.

NEXT STEPS
Once introduced, the ordinance will be placed on the June 19, 2023 City Council Regular Meeting consent calendar for a second reading and adoption.

Attachments:

1. Proposed Ordinance with a map of affected areas as Attachment A.

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City of Gilroy

STAFF REPORT
Agenda Item Title: Approve the Purchase of Three Public Works Vehicles (One 2024 Ford F650 with Rugby Dump Bed;
One 2024 Ford F650 Utility Truck with Hydraulic
Telescopic Crane and Vanair Hydraulic Drive Air
Compressor; and One 2024 Ford F750 Water Tank
Truck with 1500 Gallon Water Tank and Honda
WB20XT External Gas Engine) in the Combined
Amount of $518,125
Meeting Date: June 19, 2023
From: Jimmy Forbis, City Administrator
Department: Administrative Services
Submitted By: LeeAnn McPhillips, Administrative Services and Human Resources Director / Risk Manager
Prepared By: Abraham Carmelino, Fleet Superintendent, and LeeAnn McPhillips, Administrative Services and Human
Resources Director / Risk Manager
STRATEGIC PLAN GOALS Not Applicable

RECOMMENDATION
a) Waive the requirement for a single bid submittal from Transwest Truck Center, LLC for Project No. 23-PW-283;
b) Award the Purchase of Three Public Works Vehicles:
• One 2024 Ford F650 with Rugby Dump Bed from Transwest Truck Center, LLC in the amount of $110,625 (Project No. 23-PW-282)
• One 2024 Ford F650 Utility Truck with Hydraulic Telescopic Crane and Vanair Hydraulic Drive Air Compressor from Transwest Truck Center, LLC in the amount of $276,500 (Project No. 23-PW-283)
• One 2024 Ford F750 Water Tank Truck with 1500 Gallon Water Tank and Honda WB20XT External Gas Engine from Transwest Truck Center, LLC in the amount

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of $131,000 (Project No. 23-PW-284); and
c) Approve up to $15,000 as a contingency should there be any year/model or commodity surcharges or modifications placed on these vehicles. d) Authorize the City Administrator to execute the purchase contracts and associated documents.

EXECUTIVE SUMMARY
The City Council approved the replacement of three Public Works vehicles in the FY22 and FY23 budget. After meeting with staff to go over their specific work needs, Fleet has identified the following replacement vehicles:
• One 2023 Ford F650 with 5-7 Yard Rugby Dump Bed to replace a 1989 Freightliner Dump Truck in the Parks Section
• One 2023 Ford F650 Utility Truck with Summit 8 Series, 11 Foot Body, Summit 10629 Hydraulic Telescopic Crane, and Vanair Hydraulic Drive Air Compressor to replace two 2006 Ford F450 Utility Trucks for the Water Section • One 2023 Ford F750 Water Tank Truck with 1500 Gallon Stainless Steel Potable Water Tank and Honda WB20XT External Gas Engine to replace a 1994 International Water Truck for the Streets/Wastewater/Trees Section Staff completed the formal bid process required by the City of Gilroy Purchasing Policy.

Based upon the responses received, staff recommends awarding the bids to the lowest responsive bidder for these vehicle replacements.

BACKGROUND
2024 Ford F650 with Rugby Dump Bed: Project 23-PW-282
As noted above, this vehicle will replace a 1989 Freightliner Dump Truck that is 34 years old and has reached the end of its useful life. It is experiencing mechanical and physical part failures, and replacement parts are difficult to obtain. Further, this 1989 vehicle no longer complies with the California Air Resources Board Emission Program Regulations; therefore, staff is currently limited on how many miles and hours this vehicle can be operated in a one-year period, further necessitating the need for replacement as soon as possible.

The replacement vehicle will be used by the Parks & Landscapes Section to complete the following types of work:
• hauling materials to and from job sites (dirt, tanbark, etc.) • various clean-up and maintenance work in parks
• large tree/branch clean-up/removal
• soil and/or asphalt removal.

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Staff solicited bids for this vehicle via the formal public bid process, and below is the only response received. Staff has evaluated the response, which meets the published specifications. The vendor did substitute a Rugby dump bed for the Scelzi dump bed; however, after reviewing by Fleet, the specifications are very similar but just made by a different manufacturer. Therefore, the bid is deemed substantially compliant.

Dealer Location Total Cost Per Vehicle
Transwest Truck Center,
LLC Fontana, CA $110,625
Based on the bid received, staff is recommending that this vehicle be purchased from Transwest Truck Center, LLC, in the amount of $110,625, in compliance with the City of Gilroy Purchasing Policy.
2024 Ford F650 Utility Truck with Summit 8 Series, 11-Foot Body, Summit 10629 Hydraulic Telescopic Crane & Vanair Hydraulic Driven Air Compressor: Project 23-PW-283
As noted above, this vehicle will replace two 2006 Ford F450 utility trucks that are 17 years old and no longer meet the needs of the Department. Further, the utility trucks are showing metal fatigue and deterioration in the cargo area due to hauling debris and water treatment chemicals. In addition, these two utility trucks are constantly having mobile crane and power lift gate issues.

The replacement vehicle will be used by the Water Section to service and maintain water wells, water reservoirs, and main water lines throughout the community. This vehicle will allow personnel to complete jobs efficiently and will reduce the need for multiple vehicles to complete a job, as this vehicle is capable of various functions. It will also have plenty of storage space for tools and equipment used in water distribution system maintenance tasks.

Staff obtained bids for this vehicle via the formal public bid process, and the following responses were received:

Dealer Location Total Cost Per Vehicle
Transwest Truck Center,
LLC – Option A Fontana, CA $276,500
Transwest Truck Center,
LLC – Option B Fontana, CA $261,900
As noted above, the single vendor who responded to this bid provided two different options in response. Normally, given the City’s Purchasing Policy, optional bids from a single vendor would be deemed non-responsive. However, in this instance, staff is recommending the City Council waive this requirement and award the Option A bid as this bid meets the desired specifications and is substantially compliant. If this project

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was deemed non-responsive and a new bid process was completed, it is more likely than not that the vendor would submit the same Option A bid, and no further bids would be received. This would take additional staff time and resources at a time when the supply and availability of these types of vehicles are very low, and agencies are not receiving multiple bids. Given the above, the staff is recommending a purchase from Transwest Truck Centers (Option A) in the amount of $276,500. 2024 Ford F750 Water Tank Truck with 1500 Gallon Water Tank and Honda WB20XT External Gas Engine: Project 23-PW-284
As noted above, this vehicle will replace a 1994 International Water Truck that is 29 years old and has reached the end of its useful life. It is experiencing mechanical and physical part failures, and replacement parts are difficult to obtain. This vehicle is also regulated by the California Air Resources Board (CARB) Diesel Emission Program Regulations. These regulations limit the miles and hours this vehicle can be used in a one-year period and is basically only available for emergency use currently.

The replacement vehicle will be used by the Streets/Wastewater/Trees Section to complete the following types of work:
• Deliver water to construction sites not yet connected to the City’s water system or other sites without a water supply
• Provide a water supply when there is a significant main line break or during the shutdown of a water line for repairs
• Provide an additional water supply during emergencies (earthquake, flood, fire, etc.) when access to water may be compromised or the drinking water supply becomes tainted
• Serve as an additional resource to supply water for the Fire Department during an emergency
The truck will have space to be stocked with all equipment and tools necessary to complete projects efficiently.

Staff obtained bids for this vehicle via the formal public bid process, and the two below responses were received. Both bids are substantially compliant with the bid process and specifications.

Dealer Location Total Cost Per Vehicle
Transwest Truck Center,
LLC Fontana, CA $131,000
West-Mark Ceres, CA $153,740
Based on the bids received, staff is recommending the purchase from the lowest responsive bidder, Transwest Truck Center, LLC, in the amount of $131,000 in compliance with the City of Gilroy Purchasing Policy.

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Although these vehicles are assigned to certain sections of the Public Works Operations Division, the vehicles are available as a resource for all departments should there be a need.

ALTERNATIVES
Given the aging fleet and operational needs of the Public Works Operations Division, the replacement of these vehicles is critical. These types of specialty vehicles are in high demand and are difficult to obtain. Therefore, staff is recommending moving forward with locking in these orders at these prices quickly to minimize supply chain issues.

FISCAL IMPACT/FUNDING SOURCE
Funding for these vehicles in the total combined amount of $518,125 is available in the FY 23 Fleet Fund (Fund 600). In addition, there is funding available in the amount of up to $15,000 should there be any additional model and commodity surcharges or modifications. A contribution to the Fleet Fund from the Water Fund was made as part of the budget process to cover the cost of the utility truck that will be assigned to the Water Section.

NEXT STEPS
Following Council approval, staff will immediately finalize the purchase contracts for the City Administrator’s signature to fully secure the orders and will work with the vendor to finalize the build and delivery of the vehicles per the specifications.

Attachments:

1. Bid Pricing and Certification Form 23-PW-282 – Transwest Truck Center, LLC

2. Bid Pricing and Certification Form 23-PW-283 – Transwest Truck Center, LLC - Option A

3. Bid Pricing and Certification Form 23-PW-284 – Transwest Truck Center, LLC

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City of Gilroy

STAFF REPORT
Agenda Item Title: Authorize the City to Enter into a Ten-year Master Services and Purchasing Agreement with Axon
Enterprises, Inc., to Purchase the Police Officer
Safety and Fleet Bundle to Include Body-Worn
Cameras, Conducted Energy Weapons (Tasers), InCar Camera System, and Digital Evidence Storage for $3,791,290
Meeting Date: June 19, 2023
From: Jimmy Forbis, City Administrator
Department: Police
Submitted By: Pedro Espinoza, Police Chief
Prepared By: Juan Rocha, Police Captain
STRATEGIC PLAN GOALS Ensure Neighborhood Equity from City Services

RECOMMENDATION
a. Authorize the City of Gilroy to enter a ten-year Master Services and Purchasing Agreement with Axon Enterprises Inc. for $3,791,290 to upgrade and replace the Police Department's body-worn cameras, conducted-energy weapons (Tasers), in-car cameras, and digital evidence storage capabilities; and b. Authorize the City Administrator to execute the Master Services and Purchasing Agreement and related purchasing documents.

EXECUTIVE SUMMARY
On June 5, 2023, the City Council adopted the Fiscal Year 2024 and 2025 biennial budget, which includes the procurement of public safety equipment. The Police Department is in critical need of replacing body-worn cameras (BWCs), in-car cameras, and conducted energy weapons (CEWs); most referred to as "Tasers," and transitioning to digital evidence storage and sharing capabilities. The approval of this request will

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ensure that the Police Department provides best practice, transparent, and equitable public safety services with current technology.

BACKGROUND
The Police Department first deployed VieVu body-worn cameras (BWCs) in 2012 and was one of the first agencies in the region to equip its police officers with BWCs. The Police Department has deployed conducted-energy weapons (CEWs) and in-car cameras (Data 911 Video) since the early 2000s. Data 911 and VieVue captured video evidence independently, as no integrated systems were available at the time. The Police Department has never utilized a cloud-based digital evidence storage system.

The Department's priority has been to improve officer safety and transparency, both internally and externally.

The Department deployed its second generation of BWCs and in-car cameras in 2016 and used WatchGuard Technologies as the vendor. The current generation of the Department's WatchGuard BWCs and in-car cameras reached the end of its technological lifecycle. WatchGuard Technologies no longer supports the BWCs and incar cameras currently deployed. CEWs have always been purchased from Axon Enterprises Inc. (formerly known as Taser Inc.) through a third-party vendor.

ANALYSIS
The Police Department's BWCs and in-car cameras are at the end of their lifecycle. The current BWCs and in-car cameras were purchased in 2016 through WatchGuard Technologies and are failing quickly. The supply chain lag has caused a delivery time of approximately eight months before a refurbished or newly purchased BWC is delivered.

The Department’s need is urgent as there are no spare BWCs which has led to officers sharing BWCs between shifts. The sharing of the BWCs places an unnecessary strain on the device's battery, sometimes resulting in out-of-power BWCs in the middle of an officer's shift. The footage from the BWCs often does not upload to the City’s servers, which results in IT staff having to ship the BWCs back to the vendor to extract video content. This technological deficiency has compounded the current shortage of BWCs and more importantly, compromises the filing and prosecution of criminal cases that rely heavily on an officer's BWC video footage.

The video footage from in-car cameras often does not automatically upload to the City's servers. This malfunction requires Information Technology (IT) staff to track down the patrol car physically, manually download the content onto thumb drives, and transfer it to a City server.

A City-owned storage server preserves all video evidence (consistent with current retention policies) and requires a redundant backup server in the event of failure. Both servers are maintained and serviced by the City's IT Division. The IT Division currently

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maintains a server dedicated to preserving video footage from a BWC system that the Police Department stopped using when it transitioned to WatchGuard in 2016.

To maintain a reliable BWC and in-car camera program, the replacement and upgrade of this equipment are critical.

Most agencies in Santa Clara County expeditiously and effortlessly deliver the video and audio evidence to the Santa Clara County District Attorney's Office (DA) electronically via a cloud-based evidence storage system without using CDs, downloading the footage, or driving to the DA's office. The Police Department is one of the last, if not the only, agency in Santa Clara County that still physically delivers video evidence from BWCs and in-car cameras to the DA's office. The process requires the Property and Evidence Technician to locate the needed video evidence, download it onto a CD and physically drive it to the DA's office in Morgan Hill or San Jose. Public Safety Communicators follow the same procedure for requests made by the DA's office for 9-1-1 calls.

DISCUSSION
Transparency in policing and integration of crisis intervention and de-escalation training is critical to public trust. Technology continues to be a critical service multiplier and tool to meet our current service demands.

The Police Department uses technology for CEWs, BWCs, in-car cameras, transcription, video redaction, and data storage. Besides the BWCs and in-car cameras, each system currently is independent and does not integrate services or capabilities, reducing operational efficiency. In addition, staff management of each system is challenging, as it requires coordination with multiple vendors to implement solutions when problems arise.

Due to the current service fees associated with BWCs, in-car cameras, CEWs, and data storage systems, the Police Department formed a committee to identify a vendor(s) who could provide a product suite to integrate our current needs. The committee met and researched several products and determined that only one company, Axon Enterprises, Inc., could meet our current service needs. Axon Enterprises, Inc. is a global leader in law enforcement technology that has provided law enforcement services since 1993. Of importance, their service package includes built-in warranty programs, scheduled equipment replacement, technology updates, and collateral training services. These goods and services are required to meet our current needs and are only manufactured and available for purchase from Axon Enterprise, thereby being a sole-source provider.

Background on Axon:
• Every Axon product, from CEWs to BWCs and the digital evidence management system Axon Evidence (Evidence.com), integrates seamlessly with one another, complementing the systems and processes law enforcement already uses. That

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connectedness does not stop at the company's products. With the features built into Axon's solutions, law enforcement can connect with partners, from county officials to neighboring agencies to prosecutors working a case. • The Axon network includes more than 397,800 licensed users domestically plus thousands worldwide. Law enforcement agencies that use Axon Evidence have collectively uploaded more than 60 petabytes of data. Forty-eight Major City Chiefs Association members, representing the largest cities in the US and Canada, have deployed the Axon cameras and evidence management solutions.

The most significant purchase of body cameras globally is 22,000 Axon Body 2 cameras by the London Metropolitan Police Service in London, UK, and the most significant purchase in the US is the Los Angeles Police Department, with 7,545 Axon cameras.
• Axon's growing platform connects cloud, mobile, and wearable technologies to give law enforcement agencies a proper end-to-end solution. Products on the platform include wearable and in-car camera technologies, tasers, Signal Technology, AI capabilities, and the digital evidence management system Axon Evidence.

Agencies in Santa Clara County that use Axon equipment:
• San Jose PD, Santa Clara County Sheriff's Office, Sunnyvale DPS, Los Gatos PD, Milpitas PD, Mountain View PD, Santa Clara PD, Morgan Hill PD, San Jose State University PD, Los Altos PD, and Campbell PD all use Axon for their bodyworn cameras and other digital evidence solutions. • Palo Alto PD uses WatchGuard Technologies for body-worn cameras. • California Highway Patrol has not fully deployed body-worn cameras but is currently testing Axon systems.
• Axon is the standard in Santa Clara County and has a streamlined discovery to the DA's office using Evidence.com.

Five-year and ten-year agreements were evaluated. The 10-year agreement is recommended for increased long-term savings. The City will also maintain a fixed price for most of the term of the agreement, which is projected to be much cheaper than entering into a new agreement after five years. The proposed agreement would allow the Department to consolidate multiple programs under the umbrella of one entity. The technological interfaces provided through the consolidation would lead to significant operational efficiencies and place the Gilroy Police Department at the forefront of law enforcement technology. The proposed systems and functional interfaces are supported by the backbone of Axon called Evidence.com. The City would receive unlimited cloudbased data storage capabilities as part of the agreement.

The following is a summary of each system incorporated in this proposal:

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Axon Evidence
It manages most electronic evidence and data, including body-worn video, in-car video, interview room video, CCTV, photographs, audio, documents, and more. It provides a chain of custody on evidence and reviews actions taken by users with access to the system. The system allows for the seamless sharing of evidence with the District Attorney and the uploading of evidence in any format. It includes redaction assistant software to detect and mask everyday objects, such as license plates, faces, and screens. It also allows for storing information generated by mobile devices in the field.

All evidence video footage from current and previous BWC and in-car camera systems stored in City servers will be transferred to Evidence.com (cloud-based) at no additional cost.

Axon Body 3 (BWC)
Axon Body 3 provides high-definition BWCs with reduced motion blur with clear evidence during playback and near-photographic levels of detail. It allows for livestreaming through Axon Respond and identifying officer locations while recording or live-streaming. It is compatible with Axon Signal, which allows for wireless activation.

The camera has lights at the front that provide public transparency without compromising officer safety. Four microphones work together to capture clear audio. It has a durable and rugged design. Video recall allows for the recall of 24 hours of audiofree footage based on program settings established by the agencies. New cameras would be provided to the Police Department on day one of the agreement, as well as on January 1, 2026, July 1, 2028, January 1, 2031, and June 30, 2033, ensuring technology is current and in good working order. If the existing camera is taken out of service by Axon before a scheduled replacement date, the Police Department will be provided with the latest upgraded camera. In addition, docking stations for the Axon Body 3 cameras required for charging and downloading data to Evidence.com will be provided on the same replacement schedule as the camera.

Axon Fleet 3
A vehicle-mounted two-camera system captures clear, panoramic evidence with integrated 4K Automated License Plate Reader (ALPR) coverage, which covers three traffic lanes. The data integrates seamlessly with Evidence.com. ALPR cameras mounted on vehicles can assist with the increase in the identification of stolen vehicles, identify vehicles associated with crimes being investigated, and provide the ability to rapidly track and identify vehicles in proximity to a crime when officers arrive at a scene.

It also allows officers to gain situational awareness through real-time alerts. Wireless pairing with body-worn cameras is provided. At no additional cost, the Police Department will receive replacement in-car cameras on January 1, 2029, and January 1, 2033, of the agreement.

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Axon Signal
Axon Signal is a technology that enables the Axon BWCs and in-car cameras to sense nearby events through a wireless signal and start recording. Axon Signal transmits signals to any camera within range wirelessly, enabling recording to occur when patrol car light bars are activated; magnetic locks in patrol cars are opened for less lethal shotgun or patrol rifle deployment; a handheld Taser is powered on; a BWC camera is manually activated to record; and when an officer unholsters their firearm. When a signal is transmitted due to the activation of a device with "signal" technology, all cameras within fifteen yards are remotely turned on to begin recording. High-stress situations are a primary cause for video loss through late activation or non-activation of cameras. Signal, through technology, reduces the likelihood through automated activation.

Axon Taser 7
Axons' Taser 7 is the newest, less lethal smart weapon. As part of the agreement, Axon will provide a Hook and Loop training suite to allow staff to integrate live training and the deployment of the new CEWs. In addition, Axon will provide all the requisite training cartridges to ensure training mandates are met for the life of the agreement, ensuring staff is up to date on the use of the device and reducing liability exposure. Axon will also provide the in-service cartridges for the length of the contract.

All CEWs purchased as part of this agreement would carry Axon's warranty and liability policy for the life of the agreement. New CEWs will be provided to the Police Department at the commencement of the agreement and on July 1, 2030, ensuring technology is current and in good working order. In the event the CEW deployed by the Police Department is taken out of service by Axon during the 10-year warranty period or in advance of the replacement date, the Police Department will be provided the nextgeneration CEW at no additional cost. As a result, the agency would retain warranty and Axon liability coverage for the life of the agreement.

Axon Respond
Axon Respond integrates location data and live-streaming video feeds from Axon devices to give officers, supervisors, and command staff a complete picture of evolving situations on any device. Data gathered from connected sensors are immediately accessible by the rest of the Respond real-time operations platform resulting in better visibility and faster responses.

Respond works seamlessly with Axon Body 3 cameras and the Fleet 3 in-car video system. The system provides the ability to see what is happening on the ground and send information through voice or text messages with automated event channels and attachment support. A field commander can view team member locations or streams and better coordinate a response to a critical incident.

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Approval of 10-Year Agreement with Axon for Police Equipment at $3.8M City of Gilroy City Council Page 7 of 9 June 19, 2023
Axon Performance
Axon Performance can streamline the supervisor review process and reduce the time it takes to ensure that teams are operating within agency guidelines and policies. The system evaluates calls for service, guides supervisors through their review workflows, keeps track of previously recorded reviews, and helps standardize the review process with a randomized video selection feature. Staff can utilize Axon Performance to access key BWC and in-car camera metrics in near-real-time.

Axon Standards
With a flood of digital evidence and heightened expectations around transparency, Axon Standards is a solution that meets the unique needs of internal affairs and professional standards units. Axon standards will create one streamlined report that only shows required fields, helping save time and reduce errors. Streamlined report-writing for highrisk officer-involved events, such as use-of-force; clear task delegation and automated reminders; and data management capabilities support efforts to uphold integrity and values in every incident. With Standards, supervisors benefit from a conditional show/hide feature and customizable fields to enable focus on the most critical information. Data is entered once with a boost from predictive typing and easily allows digital evidence to be attached to the report resulting in smoother workflows and reduced redundancies.

Axon Citizen
Axon Citizen enables staff to invite individual witnesses or the entire community to submit photos and videos of an incident directly. Submissions go straight to Evidence.com, where they are instantly categorized and searchable. Audit trails show officer and collection information and data. Community members can elect to keep their contact information from being stored in the application. Triage tools help officers reviewing submissions quickly decide which media to accept or decline. Large volumes of submissions are supported no matter the size or scale of the event.

Axon View and Capture
Axon Capture is an application built for agency smartphones making recording photo, audio, and video evidence easy and secure. Live video streaming, instant replay, and on-the-spot evidence turn routine video into valuable evidence and reduce distractions by automatically filing the video into the correct retention schedule. Evidence is automatically tagged with GPS locations, and metadata is synchronized to the officer's Evidence.com profile without leaving the scene.

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Approval of 10-Year Agreement with Axon for Police Equipment at $3.8M City of Gilroy City Council Page 8 of 9 June 19, 2023
Axon Redaction
Redaction Assistant was designed to manage the most common objects found in bodyworn videos, saving staff time so they can focus on more complex work. Redaction Assistant will automatically identify the screens, faces, and license plates in video footage.

Axon Auto-Transcribe
Auto-Transcribe allows a user to type a word and jump right to that spot in the video or audio, eliminating the need to review the whole file. This allows officers to reference, when necessary, details in the evidence where statements were made and by which speaker with embedded timestamps. It transcribes multiple videos/audio files simultaneously, including BWC video, in-car video, interview room video, CCTV, audio recordings, and more. It provides a high level of accuracy and sharing of transcripts.

Auto-Transcribe is entirely Criminal Justice Information Services (CJIS) compliant and is encrypted in transit and at rest.

Axon Virtual Reality (VR.) Training
Axon VR Training prepares officers for complex real-world situations by bringing immersive content to devices that can be used wirelessly anywhere and pairing it with a comprehensive training platform. It provides officers with a library of over ten modules and enhances their ability to better address community needs with analytical and deescalation skills. It also provides officers with valuable tools and techniques to identify, address, and cope with the psychological impact of public safety professions. Access to training session recordings and analytics enables new coaching and program development opportunities.

ALTERNATIVES
Council can reject the recommendation. Staff does not recommend this option as it will limit the ability to integrate the needed platform to meet the current service demand.

FISCAL IMPACT/FUNDING SOURCE
The total cost for the ten-year agreement is $3,791,290. The bundling of services creates projected cost savings over the life of the agreement in the amount of $1,881,398. Axon allows these fees to spread over the life of an agreement making the implementation more affordable, as shown below. Council approved the funds for the first two years of this agreement during the recent FY24 and FY25 biennial budget approval process.

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Approval of 10-Year Agreement with Axon for Police Equipment at $3.8M City of Gilroy City Council Page 9 of 9 June 19, 2023
Cost Breakdown:

Fiscal Year Amount
FY24 $341,216
FY25 $341,216
FY26 $341,216
FY27 $341,216
FY28 $341,216
FY29 $417,042
FY30 $417,042
FY31 $417,042
FY32 $417,042
FY33 $417,042
TOTAL $3,791,290
Attachments:

1. Axon Enterprise Quote – In-Car Cameras

2. Axon Enterprise Quote – Body Worn Cameras, Tasers, and Evidence.com

3. Axon Master Services and Purchasing Agreement for Agency

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Q-457320-44973.963KP
Issued: 02/16/2023
Quote Expiration: 03/31/2023
Estimated Contract Start Date: 10/01/2023
Account Number: 112140
Payment Terms: N30
Delivery Method:

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Business;Delivery;Invoice-7301 Hanna St Gilroy Police Department - CA Kyle Panasewicz Michael McMahon 7301 Hanna St 7301 Hanna St Phone: +1 4803294734 Phone: 408-746-0521 Gilroy, CA 95020-6129 Gilroy, CA 95020-6129 Email: [email protected] Email: [email protected] USA USA Fax: (480) 905-2071 Fax: (408) 846-0387
Email:

Quote Summary Discount Summary
Program Length 120 Months Average Savings Per Year $37,422.61 TOTAL COST $841,205.88
ESTIMATED TOTAL W/ TAX $855,566.43 TOTAL SAVINGS $374,226.12 Payment Summary
Date Subtotal Tax Total
Sep 2023 $75,708.52 $1,292.45 $77,000.97
Sep 2024 $75,708.52 $1,292.45 $77,000.97
Sep 2025 $75,708.52 $1,292.45 $77,000.97
Sep 2026 $75,708.52 $1,292.45 $77,000.97
Sep 2027 $75,708.52 $1,292.45 $77,000.97
Sep 2028 $92,532.63 $1,579.66 $94,112.29
Sep 2029 $92,532.63 $1,579.66 $94,112.29
Sep 2030 $92,532.63 $1,579.66 $94,112.29
Sep 2031 $92,532.63 $1,579.66 $94,112.29
Sep 2032 $92,532.76 $1,579.66 $94,112.42
Total $841,205.88 $14,360.55 $855,566.43
Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737

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Quote Unbundled Price: $1,215,432.00
Quote List Price: $1,032,134.40
Quote Subtotal: $841,205.88
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
Fleet3A10Yr Fleet 3 Advanced 10 Year 36 120 $281.35 $238.92 $194.72 $841,205.88 $14,360.55 $855,566.43 Total $841,205.88 $14,360.55 $855,566.43

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Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
Fleet 3 Advanced 10 Year 11634 CRADLEPOINT IBR900-1200M-B-NPS+5YR NETCLOUD 36 09/01/2023 Fleet 3 Advanced 10 Year 70112 AXON SIGNAL UNIT 36 09/01/2023 Fleet 3 Advanced 10 Year 71200 FLEET ANT, AIRGAIN, 5-IN-1, 2LTE, 2WIFI, 1GNSS, BL 36 09/01/2023 Fleet 3 Advanced 10 Year 72034 FLEET SIM INSERTION, VZW 36 09/01/2023 Fleet 3 Advanced 10 Year 72036 FLEET 3 STANDARD 2 CAMERA KIT 36 09/01/2023 Fleet 3 Advanced 10 Year 72036 FLEET 3 STANDARD 2 CAMERA KIT 1 09/01/2023 Fleet 3 Advanced 10 Year 72040 FLEET REFRESH, 2 CAMERA KIT 36 09/01/2028 Fleet 3 Advanced 10 Year 72040 FLEET REFRESH, 2 CAMERA KIT 1 09/01/2028 Fleet 3 Advanced 10 Year 100092 FLEET REFRESH TWO, 2 CAMERA KIT 36 09/01/2033 Fleet 3 Advanced 10 Year 100092 FLEET REFRESH TWO, 2 CAMERA KIT 1 09/01/2033 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date Fleet 3 Advanced 10 Year 80400 FLEET, VEHICLE LICENSE 36 10/01/2023 09/30/2033 Fleet 3 Advanced 10 Year 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 36 10/01/2023 09/30/2033 Fleet 3 Advanced 10 Year 80402 RESPOND DEVICE LICENSE - FLEET 3 36 10/01/2023 09/30/2033 Fleet 3 Advanced 10 Year 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 72 10/01/2023 09/30/2033 Services
Bundle Item Description QTY
Fleet 3 Advanced 10 Year 73391 FLEET 3 NEW INSTALLATION (PER VEHICLE) 36 Fleet 3 Advanced 10 Year 73392 FLEET 3 UPGRADE INSTALLATION (PER VEHICLE) 36 Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date Fleet 3 Advanced 10 Year 80379 EXT WARRANTY, AXON SIGNAL UNIT 36 10/01/2023 09/30/2033 Fleet 3 Advanced 10 Year 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 36 09/01/2024 09/30/2033 Fleet 3 Advanced 10 Year 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 1 09/01/2024 09/30/2033

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Payment Details
Sep 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 Fleet3A10Yr Fleet 3 Advanced 10 Year 36 $75,708.52 $1,292.45 $77,000.97 Total $75,708.52 $1,292.45 $77,000.97
Sep 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 Fleet3A10Yr Fleet 3 Advanced 10 Year 36 $75,708.52 $1,292.45 $77,000.97 Total $75,708.52 $1,292.45 $77,000.97
Sep 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 Fleet3A10Yr Fleet 3 Advanced 10 Year 36 $75,708.52 $1,292.45 $77,000.97 Total $75,708.52 $1,292.45 $77,000.97
Sep 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 Fleet3A10Yr Fleet 3 Advanced 10 Year 36 $75,708.52 $1,292.45 $77,000.97 Total $75,708.52 $1,292.45 $77,000.97
Sep 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 Fleet3A10Yr Fleet 3 Advanced 10 Year 36 $75,708.52 $1,292.45 $77,000.97 Total $75,708.52 $1,292.45 $77,000.97
Sep 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 6 Fleet3A10Yr Fleet 3 Advanced 10 Year 36 $92,532.63 $1,579.66 $94,112.29 Total $92,532.63 $1,579.66 $94,112.29
Sep 2029
Invoice Plan Item Description Qty Subtotal Tax Total
Year 7 Fleet3A10Yr Fleet 3 Advanced 10 Year 36 $92,532.63 $1,579.66 $94,112.29 Total $92,532.63 $1,579.66 $94,112.29
Sep 2030
Invoice Plan Item Description Qty Subtotal Tax Total
Year 8 Fleet3A10Yr Fleet 3 Advanced 10 Year 36 $92,532.63 $1,579.66 $94,112.29 Total $92,532.63 $1,579.66 $94,112.29

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Sep 2031
Invoice Plan Item Description Qty Subtotal Tax Total
Year 9 Fleet3A10Yr Fleet 3 Advanced 10 Year 36 $92,532.63 $1,579.66 $94,112.29 Total $92,532.63 $1,579.66 $94,112.29
Sep 2032
Invoice Plan Item Description Qty Subtotal Tax Total
Year 10 Fleet3A10Yr Fleet 3 Advanced 10 Year 36 $92,532.76 $1,579.66 $94,112.42 Total $92,532.76 $1,579.66 $94,112.42

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

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

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at 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.

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\s1\ \d1\
Signature Date Signed
2/16/2023

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1 FLEET STATEMENT OF WORK BETWEEN AXON ENTERPRISE AND AGENCY Introduction
This Statement of Work (“SOW”) has been made and entered into by and between Axon Enterprise, Inc. (“AXON”), and Gilroy Police Department - CA the (“AGENCY”) for the purchase of the Axon Fleet in-car video solution (“FLEET”) and its supporting information, services and training. (AXON Technical Project Manager/The AXON installer)
Purpose and Intent
AGENCY states, and AXON understands and agrees, that Agency’s purpose and intent for entering into this SOW is for the AGENCY to obtain from AXON deliverables, which used solely in conjunction with AGENCY’s existing systems and equipment, which AGENCY specifically agrees to purchase or provide pursuant to the terms of this SOW.

This SOW contains the entire agreement between the parties. There are no promises, agreements, conditions, inducements, warranties or understandings, written or oral, expressed or implied, between the parties, other than as set forth or referenced in the SOW.

Acceptance
Upon completion of the services outlined in this SOW, AGENCY will be provided a professional services acceptance form (“Acceptance Form”). AGENCY will sign the Acceptance Form acknowledging that services have been completed in substantial conformance with this SOW and the Agreement. If AGENCY reasonably believes AXON did not complete the professional services in conformance with this SOW, AGENCY must notify AXON in writing of the specific reasons within seven (7) calendar days from delivery of the Acceptance Form. AXON will remedy the issues to conform with this SOW and re-present the Acceptance Form for signature. If AXON does not receive the signed Acceptance Form or written notification of the reasons for rejection within 7 calendar days of the delivery of the Acceptance Form, AGENCY will be deemed to have accepted the services in accordance to this SOW.

Force Majeure

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2 Neither party hereto shall be liable for delays or failure to perform with respect to this SOW due to causes beyond the party’s reasonable control and not avoidable by diligence.

Schedule Change
Each party shall notify the other as soon as possible regarding any changes to agreed upon dates and times of Axon Fleet in-car Solution installation to be performed pursuant of this Statement of Work.

Axon Fleet Deliverables
Typically, within (30) days of receiving this fully executed SOW, an AXON Technical Project Manager will deliver to AGENCY’s primary point of contact via electronic media, controlled documentation, guides, instructions and videos followed by available dates for the initial project review and customer readiness validation. Unless otherwise agreed upon by AXON, AGENCY may print and reproduce said documents for use by its employees only.

Security Clearance and Access
Upon AGENCY’s request, AXON will provide the AGENCY a list of AXON employees, agents, installers or representatives which require access to the AGENCY’s facilities in order to perform Work pursuant of this Statement of Work. AXON will ensure that each employee, agent or representative has been informed or and consented to a criminal background investigation by AGENCY for the purposes of being allowed access to AGENCY‘s facilities. AGENCY is responsible for providing AXON with all required instructions and documentation accompanying the security background check’s requirements.

Training
AXON will provide training applicable to Axon Evidence, Cradlepoint NetCloud Manager and Axon Fleet application in a train-the-trainer style method unless otherwise agreed upon between the AGENCY and AXON.

Local Computer

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3 AGNECY is responsible for providing a mobile data computer (MDC) with the same software, hardware, and configuration that AGENCY personnel will use with the AXON system being installed. AGENCY is responsible for making certain that any and all security settings (port openings, firewall settings, antivirus software, virtual private network, routing, etc.) are made prior to the installation, configuration and testing of the aforementioned deliverables.

Network
AGENCY is responsible for making certain that any and all network(s) route traffic to appropriate endpoints and AXON is not liable for network breach, data interception, or loss of data due to misconfigured firewall settings or virus infection, except to the extent that such virus or infection is caused, in whole or in part, by defects in the deliverables.

Cradlepoint Router
When applicable, AGENCY must provide AXON Installers with temporary administrative access to Cradlepoint’s NetCloud Manager to the extent necessary to perform Work pursuant of this Statement of Work.

Evidence.com
AGENCY must provide AXON Installers with temporary administrative access to Axon Evidence.com to the extent necessary to perform Work pursuant of this SOW.

Wireless Upload System
If purchased by the AGENCY, on such dates and times mutually agreed upon by the parties, AXON will install and configure into AGENCY’s existing network a wireless network infrastructure as identified in the AGENCY’s binding quote based on conditions of the sale.

VEHICLE INSTALLATION
Preparedness

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4 On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer less weapons and items of evidence.

Vehicle(s) will be deemed ‘out of service’ to the extent necessary to perform Work pursuant of this SOW.

Existing Mobile Video Camera System Removal
On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer which will remove from said vehicles all components of the existing mobile video camera system unless otherwise agreed upon by the AGENCY.

Major components will be salvaged by the AXON Installer for auction by the AGENCY. Wires and cables are not considered expendable and will not be salvaged. Salvaged components will be placed in a designated area by the AGENCY within close proximity of the vehicle in an accessible work space.

Prior to removing the existing mobile video camera systems, it is both the responsibility of the AGENCY and the AXON Installer to test the vehicle’s systems’ operation to identify and operate, documenting any existing component or system failures and in detail, identify which components of the existing mobile video camera system will be removed by the AXON Installer.

In-Car Hardware/Software Delivery and Installation
On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer, who will install and configure in each vehicle in accordance with the specifications detailed in the system’s installation manual and its relevant addendum(s). Applicable in-car hardware will be installed and configured as defined and validated by the AGENCY during the pre-deployment discovery process.

If a specified vehicle is unavailable on the date and time agreed upon by the parties, AGENCY will provide a similar vehicle for the installation process. Delays due to a vehicle, or substitute vehicle, not being available at agreed upon dates and times may results in additional fees to the AGENCY. If the AXON Installer determines that a vehicle is not properly prepared for installation (“Not Fleet Ready”), such as a battery not being properly charged or properly up-fit for in-service, field operations, the issue shall be reported immediately to the AGENCY for resolution and a date and time for the future installation shall be agreed upon by the parties.

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5 Upon completion of installation and configuration, AXON will systematically test all installed and configured in-car hardware and software to ensure that ALL functions of the hardware and software are fully operational and that any deficiencies are corrected unless otherwise agreed upon by the AGENCY, installation, configuration, test and the correct of any deficiencies will be completed in each vehicle accepted for installation.

Prior to installing the Axon Fleet camera systems, it is both the responsibility of the AGENCY and the AXON Installer to test the vehicle’s existing systems’ operation to identify, document any existing component or vehicle systems’ failures. Prior to any vehicle up-fitting the AXON Installer will introduce the system’s components, basic functions, integrations and systems overview along with reference to AXON approved, AGENCY manuals, guides, portals and videos. It is both the responsibility of the AGENCY and the AXON Installer to agree on placement of each components, the antenna(s), integration recording trigger sources and customer preferred power, ground and ignition sources prior to permanent or temporary installation of an Axon Fleet camera solution in each vehicle type.

Agreed placement will be documented by the AXON Installer.

AXON welcomes up to 5 persons per system operation training session per day, and unless otherwise agreed upon by the AGENCY, the first vehicle will be used for an installation training demonstration. The second vehicle will be used for an assisted installation training demonstration. The installation training session is customary to any AXON Fleet installation service regardless of who performs the continued Axon Fleet system installations.

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6 The customary training session does not ‘certify’ a non-AXON Installer, customer-employed Installer or customer 3rd party Installer, since the AXON Fleet products does not offer an Installer certification program. Any work performed by non-AXON Installer, customer-employed Installer or customer 3rd party Installer is not warrantied by AXON, and AXON is not liable for any damage to the vehicle and its existing systems and AXON Fleet hardware.

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Q-457327-44973.791KP
Issued: 02/16/2023
Quote Expiration: 03/31/2023
Estimated Contract Start Date: 07/01/2023
Account Number: 112140
Payment Terms: N30
Delivery Method: Fedex - Ground

Quote Summary Discount Summary
Program Length 120 Months Average Savings Per Year $150,717.23 TOTAL COST $2,841,999.30
ESTIMATED TOTAL W/ TAX $2,935,725.15 TOTAL SAVINGS $1,507,172.30 Payment Summary
Date Subtotal Tax Total
Jun 2023 $255,780.03 $8,435.34 $264,215.37
Jun 2024 $255,780.03 $8,435.34 $264,215.37
Jun 2025 $255,780.03 $8,435.34 $264,215.37
Jun 2026 $255,780.03 $8,435.34 $264,215.37
Jun 2027 $255,780.03 $8,435.34 $264,215.37
Jun 2028 $312,619.83 $10,309.83 $322,929.66
Jun 2029 $312,619.83 $10,309.83 $322,929.66
Jun 2030 $312,619.83 $10,309.83 $322,929.66
Jun 2031 $312,619.83 $10,309.83 $322,929.66
Jun 2032 $312,619.83 $10,309.83 $322,929.66
Total $2,841,999.30 $93,725.85 $2,935,725.15
Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737

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Quote Unbundled Price: $4,349,171.60
Quote List Price: $3,467,085.20
Quote Subtotal: $2,841,999.30
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
2022OSP7+Premium10Ye
ar
OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 78 120 $441.21 $346.97 $303.63 $2,841,999.30 $93,725.85 $2,935,725.15 A la Carte Hardware
AB3C AB3 Camera Bundle 78 $749.00 $0.00 $0.00 $0.00 $0.00 AB3MBD AB3 Multi Bay Dock Bundle 10 $1,638.90 $0.00 $0.00 $0.00 $0.00 A la Carte Software
ProLicense Pro License Bundle 22 120 $39.00 $0.00 $0.00 $0.00 $0.00 A la Carte Services
85147 CEW STARTER 1 $9,950.00 $0.00 $0.00 $0.00 $0.00
85055 AXON FULL SERVICE 1 $26,775.00 $0.00 $0.00 $0.00 $0.00 20379 VR 1-DAY SERVICE 1 $4,950.00 $0.00 $0.00 $0.00 $0.00 Total $2,841,999.30 $93,725.85 $2,935,725.15

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Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
AB3 Camera Bundle 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 86 06/01/2023 AB3 Camera Bundle 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 78 06/01/2023 AB3 Camera Bundle 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 2 06/01/2023 AB3 Camera Bundle 74028 WING CLIP MOUNT, AXON RAPIDLOCK 86 06/01/2023 AB3 Multi Bay Dock Bundle 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 10 06/01/2023 AB3 Multi Bay Dock Bundle 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 10 06/01/2023 AB3 Multi Bay Dock Bundle 74210 AXON BODY 3 - 8 BAY DOCK 10 06/01/2023 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 100126 AXON VR TACTICAL BAG 2 06/01/2023 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 100186 HTC FOCUS 3 WRIST TRACKER 4 06/01/2023 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 78 06/01/2023 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 2 06/01/2023 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20018 TASER 7 BATTERY PACK, TACTICAL 93 06/01/2023 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 1 06/01/2023 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20160 TASER 7 HOLSTER - SAFARILAND, RH+CART CARRIER 68 06/01/2023 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20161 TASER 7 HOLSTER - SAFARILAND, LH+CART CARRIER 10 06/01/2023 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20296 SAMSUNG S7+ TABLET FOR VR SIMULATOR 2 06/01/2023 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20297 SAMSUNG S7+ TABLET CASE FOR VR SIMULATOR 2 06/01/2023 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20298 VR-ENABLED SIRT 115C CONTROLLER 2 06/01/2023 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20378 HTC FOCUS 3 VR HEADSET 4 06/01/2023 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 234 06/01/2023 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 156 06/01/2023 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 234 06/01/2023 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 156 06/01/2023 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22177 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, STANDOFF NS 156 06/01/2023 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22178 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, CLOSE QUART NS 156 06/01/2023 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22179 TASER 7 INERT CARTRIDGE, STANDOFF (3.5-DEGREE) NS 78 06/01/2023 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22181 TASER 7 INERT CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 78 06/01/2023 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22196 TASER 7 VR CARTRIDGE, STANDOFF (3.5-DEGREE) 4 06/01/2023 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22197 TASER 7 VR CARTRIDGE, CLOSE-QUARTERS (12-DEGREE) 4 06/01/2023 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 1 06/01/2023 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 1 06/01/2023 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 71044 BATTERY, SIGNAL SIDEARM, CR2430 SINGLE PACK 156 06/01/2023 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 74200 TASER 7 6-BAY DOCK AND CORE 1 06/01/2023 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 75015 SIGNAL SIDEARM KIT 78 06/01/2023 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 80087 TASER 7 TARGET, CONDUCTIVE, PROFESSIONAL (RUGGEDIZED) 2 06/01/2023 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 80090 TARGET FRAME, PROFESSIONAL, 27.5 IN. X 75 IN., TASER 7 2 06/01/2023 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 156 06/01/2024 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 156 06/01/2024 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 156 06/01/2025 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 156 06/01/2025

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Hardware
Bundle Item Description QTY Estimated Delivery Date
OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22177 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, STANDOFF NS 156 06/01/2025 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22178 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, CLOSE QUART NS 156 06/01/2025 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 100210 VIRTUAL REALITY TABLET REFRESH ONE 2 12/01/2025 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20373 VIRTUAL REALITY HEADSET REFRESH ONE 4 12/01/2025 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73309 AXON CAMERA REFRESH ONE 80 12/01/2025 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73689 MULTI-BAY BWC DOCK 1ST REFRESH 10 12/01/2025 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 156 06/01/2026 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 156 06/01/2026 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 156 06/01/2027 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 156 06/01/2027 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 100211 VIRTUAL REALITY TABLET REFRESH TWO 2 06/01/2028 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20242 TASER CERTIFICATION PROGRAM YEAR 6-10 HARDWARE 78 06/01/2028 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20374 VIRTUAL REALITY HEADSET REFRESH TWO 4 06/01/2028 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73310 AXON CAMERA REFRESH TWO 80 06/01/2028 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73688 MULTI-BAY BWC DOCK 2ND REFRESH 10 06/01/2028 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 100212 VIRTUAL REALITY TABLET REFRESH THREE 2 12/01/2030 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20375 VIRTUAL REALITY HEADSET REFRESH THREE 4 12/01/2030 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73345 AXON CAMERA REFRESH THREE 80 12/01/2030 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73347 MULTI-BAY BWC DOCK 3RD REFRESH 10 12/01/2030 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73346 AXON CAMERA REFRESH FOUR 80 06/01/2033 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73348 MULTI-BAY BWC DOCK 4TH REFRESH 10 06/01/2033 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 100165 UNLIMITED 3RD-PARTY STORAGE 78 07/01/2023 06/30/2033 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 100590 MY90 LICENSE 78 07/01/2023 06/30/2033 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20248 TASER EVIDENCE.COM ACCESS LICENSE 78 07/01/2023 06/30/2033 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20248 TASER EVIDENCE.COM ACCESS LICENSE 1 07/01/2023 06/30/2033 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20370 FULL VR TASER 7 ADD-ON USER ACCESS 78 07/01/2023 06/30/2033 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73478 REDACTION ASSISTANT USER LICENSE 78 07/01/2023 06/30/2033 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73618 AXON COMMUNITY REQUEST+ LICENSE 78 07/01/2023 06/30/2033 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73638 STANDARDS ACCESS LICENSE 78 07/01/2023 06/30/2033 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73680 RESPOND DEVICE PLUS LICENSE 78 07/01/2023 06/30/2033 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73681 AXON RECORDS FULL 78 07/01/2023 06/30/2033 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73682 AUTO TAGGING LICENSE 78 07/01/2023 06/30/2033 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 78 07/01/2023 06/30/2033 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73739 PERFORMANCE LICENSE 78 07/01/2023 06/30/2033 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 73746 PROFESSIONAL EVIDENCE.COM LICENSE 78 07/01/2023 06/30/2033 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 85760 Auto-Transcribe Unlimited Service 78 07/01/2023 06/30/2033 Pro License Bundle 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 66 07/01/2023 06/30/2033 Pro License Bundle 73746 PROFESSIONAL EVIDENCE.COM LICENSE 22 07/01/2023 06/30/2033 Services
Bundle Item Description QTY
OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 100105 MY90 SETUP 1

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Services
Bundle Item Description QTY
OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 11642 THIRD-PARTY VIDEO SUPPORT LICENSE 78 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20119 TASER MASTER INSTRUCTOR SCHOOL VOUCHER 1 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20119 TASER MASTER INSTRUCTOR SCHOOL VOUCHER 1 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20119 TASER MASTER INSTRUCTOR SCHOOL VOUCHER 1 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20119 TASER MASTER INSTRUCTOR SCHOOL VOUCHER 1 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20119 TASER MASTER INSTRUCTOR SCHOOL VOUCHER 1 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20120 TASER INSTRUCTOR COURSE VOUCHER 1 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20120 TASER INSTRUCTOR COURSE VOUCHER 1 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20120 TASER INSTRUCTOR COURSE VOUCHER 1 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20120 TASER INSTRUCTOR COURSE VOUCHER 1 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20120 TASER INSTRUCTOR COURSE VOUCHER 1 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 20246 TASER 7 DUTY CARTRIDGE REPLACEMENT ACCESS PROGRAM 78 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 79999 AUTO TAGGING / PERFORMANCE IMPLEMENTATION SERVICE 1 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 80190 Evidence.com Channel Services 1 A la Carte 20379 VR 1-DAY SERVICE 1
A la Carte 85055 AXON FULL SERVICE 1
A la Carte 85147 CEW STARTER 1
Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 80464 EXT WARRANTY, CAMERA (TAP) 78 07/01/2023 06/30/2033 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 80464 EXT WARRANTY, CAMERA (TAP) 2 07/01/2023 06/30/2033 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 100197 HTC FOCUS 3 VR HEADSET - WARRANTY 4 06/01/2024 06/30/2033 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 100213 VIRTUAL REALITY TABLET - HARDWARE WARRANTY 2 06/01/2024 06/30/2033 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 80374 EXT WARRANTY, TASER 7 BATTERY PACK 93 06/01/2024 06/30/2033 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 80395 EXT WARRANTY, TASER 7 HANDLE 78 06/01/2024 06/30/2033 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 80395 EXT WARRANTY, TASER 7 HANDLE 2 06/01/2024 06/30/2033 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 1 06/01/2024 06/30/2033 OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 80465 EXT WARRANTY, MULTI-BAY DOCK (TAP) 10 06/01/2024 06/30/2033

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Payment Details
Jun 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1
2022OSP7+Premium10Ye
ar
OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 78 $255,780.03 $8,435.34 $264,215.37 Year 1 20379 VR 1-DAY SERVICE 1 $0.00 $0.00 $0.00
Year 1 85055 AXON FULL SERVICE 1 $0.00 $0.00 $0.00
Year 1 85147 CEW STARTER 1 $0.00 $0.00 $0.00
Year 1 AB3C AB3 Camera Bundle 78 $0.00 $0.00 $0.00
Year 1 AB3MBD AB3 Multi Bay Dock Bundle 10 $0.00 $0.00 $0.00 Year 1 ProLicense Pro License Bundle 22 $0.00 $0.00 $0.00 Total $255,780.03 $8,435.34 $264,215.37
Jun 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2
2022OSP7+Premium10Ye
ar
OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 78 $255,780.03 $8,435.34 $264,215.37 Year 2 20379 VR 1-DAY SERVICE 1 $0.00 $0.00 $0.00
Year 2 85055 AXON FULL SERVICE 1 $0.00 $0.00 $0.00
Year 2 85147 CEW STARTER 1 $0.00 $0.00 $0.00
Year 2 AB3C AB3 Camera Bundle 78 $0.00 $0.00 $0.00
Year 2 AB3MBD AB3 Multi Bay Dock Bundle 10 $0.00 $0.00 $0.00 Year 2 ProLicense Pro License Bundle 22 $0.00 $0.00 $0.00 Total $255,780.03 $8,435.34 $264,215.37
Jun 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3
2022OSP7+Premium10Ye
ar
OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 78 $255,780.03 $8,435.34 $264,215.37 Year 3 20379 VR 1-DAY SERVICE 1 $0.00 $0.00 $0.00
Year 3 85055 AXON FULL SERVICE 1 $0.00 $0.00 $0.00
Year 3 85147 CEW STARTER 1 $0.00 $0.00 $0.00
Year 3 AB3C AB3 Camera Bundle 78 $0.00 $0.00 $0.00
Year 3 AB3MBD AB3 Multi Bay Dock Bundle 10 $0.00 $0.00 $0.00 Year 3 ProLicense Pro License Bundle 22 $0.00 $0.00 $0.00 Total $255,780.03 $8,435.34 $264,215.37
Jun 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4
2022OSP7+Premium10Ye
ar
OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 78 $255,780.03 $8,435.34 $264,215.37 Year 4 20379 VR 1-DAY SERVICE 1 $0.00 $0.00 $0.00
Year 4 85055 AXON FULL SERVICE 1 $0.00 $0.00 $0.00
Year 4 85147 CEW STARTER 1 $0.00 $0.00 $0.00

10.2 p. 179 of 384

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Jun 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 AB3C AB3 Camera Bundle 78 $0.00 $0.00 $0.00
Year 4 AB3MBD AB3 Multi Bay Dock Bundle 10 $0.00 $0.00 $0.00 Year 4 ProLicense Pro License Bundle 22 $0.00 $0.00 $0.00 Total $255,780.03 $8,435.34 $264,215.37
Jun 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5
2022OSP7+Premium10Ye
ar
OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 78 $255,780.03 $8,435.34 $264,215.37 Year 5 20379 VR 1-DAY SERVICE 1 $0.00 $0.00 $0.00
Year 5 85055 AXON FULL SERVICE 1 $0.00 $0.00 $0.00
Year 5 85147 CEW STARTER 1 $0.00 $0.00 $0.00
Year 5 AB3C AB3 Camera Bundle 78 $0.00 $0.00 $0.00
Year 5 AB3MBD AB3 Multi Bay Dock Bundle 10 $0.00 $0.00 $0.00 Year 5 ProLicense Pro License Bundle 22 $0.00 $0.00 $0.00 Total $255,780.03 $8,435.34 $264,215.37
Jun 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 6
2022OSP7+Premium10Ye
ar
OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 78 $312,619.83 $10,309.83 $322,929.66 Year 6 20379 VR 1-DAY SERVICE 1 $0.00 $0.00 $0.00
Year 6 85055 AXON FULL SERVICE 1 $0.00 $0.00 $0.00
Year 6 85147 CEW STARTER 1 $0.00 $0.00 $0.00
Year 6 AB3C AB3 Camera Bundle 78 $0.00 $0.00 $0.00
Year 6 AB3MBD AB3 Multi Bay Dock Bundle 10 $0.00 $0.00 $0.00 Year 6 ProLicense Pro License Bundle 22 $0.00 $0.00 $0.00 Total $312,619.83 $10,309.83 $322,929.66
Jun 2029
Invoice Plan Item Description Qty Subtotal Tax Total
Year 7
2022OSP7+Premium10Ye
ar
OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 78 $312,619.83 $10,309.83 $322,929.66 Year 7 20379 VR 1-DAY SERVICE 1 $0.00 $0.00 $0.00
Year 7 85055 AXON FULL SERVICE 1 $0.00 $0.00 $0.00
Year 7 85147 CEW STARTER 1 $0.00 $0.00 $0.00
Year 7 AB3C AB3 Camera Bundle 78 $0.00 $0.00 $0.00
Year 7 AB3MBD AB3 Multi Bay Dock Bundle 10 $0.00 $0.00 $0.00 Year 7 ProLicense Pro License Bundle 22 $0.00 $0.00 $0.00 Total $312,619.83 $10,309.83 $322,929.66
Jun 2030
Invoice Plan Item Description Qty Subtotal Tax Total
Year 8 2022OSP7+Premium10Ye OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 78 $312,619.83 $10,309.83 $322,929.66

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Page 8 ends

Jun 2030
Invoice Plan Item Description Qty Subtotal Tax Total
ar
Year 8 20379 VR 1-DAY SERVICE 1 $0.00 $0.00 $0.00
Year 8 85055 AXON FULL SERVICE 1 $0.00 $0.00 $0.00
Year 8 85147 CEW STARTER 1 $0.00 $0.00 $0.00
Year 8 AB3C AB3 Camera Bundle 78 $0.00 $0.00 $0.00
Year 8 AB3MBD AB3 Multi Bay Dock Bundle 10 $0.00 $0.00 $0.00 Year 8 ProLicense Pro License Bundle 22 $0.00 $0.00 $0.00 Total $312,619.83 $10,309.83 $322,929.66
Jun 2031
Invoice Plan Item Description Qty Subtotal Tax Total
Year 9
2022OSP7+Premium10Ye
ar
OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 78 $312,619.83 $10,309.83 $322,929.66 Year 9 20379 VR 1-DAY SERVICE 1 $0.00 $0.00 $0.00
Year 9 85055 AXON FULL SERVICE 1 $0.00 $0.00 $0.00
Year 9 85147 CEW STARTER 1 $0.00 $0.00 $0.00
Year 9 AB3C AB3 Camera Bundle 78 $0.00 $0.00 $0.00
Year 9 AB3MBD AB3 Multi Bay Dock Bundle 10 $0.00 $0.00 $0.00 Year 9 ProLicense Pro License Bundle 22 $0.00 $0.00 $0.00 Total $312,619.83 $10,309.83 $322,929.66
Jun 2032
Invoice Plan Item Description Qty Subtotal Tax Total
Year 10 2022OSP7+Premium10Ye
ar
OFFICER SAFETY PLAN 7 PLUS Premium 10 Year 78 $312,619.83 $10,309.83 $322,929.66 Year 10 20379 VR 1-DAY SERVICE 1 $0.00 $0.00 $0.00
Year 10 85055 AXON FULL SERVICE 1 $0.00 $0.00 $0.00
Year 10 85147 CEW STARTER 1 $0.00 $0.00 $0.00
Year 10 AB3C AB3 Camera Bundle 78 $0.00 $0.00 $0.00
Year 10 AB3MBD AB3 Multi Bay Dock Bundle 10 $0.00 $0.00 $0.00 Year 10 ProLicense Pro License Bundle 22 $0.00 $0.00 $0.00 Total $312,619.83 $10,309.83 $322,929.66

10.2 p. 181 of 384

Page 9 ends

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

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

ACEIP:

Acceptance of Terms:

10.2 p. 182 of 384

Page 10 ends

\s1\ \d1\
Signature Date Signed
2/16/2023

10.2 p. 183 of 384
Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 16.0
Release Date: 1/27/2023 Page 1 of 37
This Master Services and Purchasing Agreement (“Agreement”) is between Axon Enterprise, Inc., a Delaware corporation (“Axon”), and the agency listed below or, if no agency is listed below, the agency on the Quote attached hereto (“Agency”). 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. INTENTIONALLY OMITTED

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.

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 Axonmanufactured 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 non-infringement. 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 AxonDocuSign Envelope ID: CE5B6E3E-7E95-4FA8-AD4F-D95DA4D1C915 10.2 p. 184 of 384
Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 16.0
Release Date: 1/27/2023 Page 2 of 37
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 event 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.

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/salesterms-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-andconditions, 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.

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Version: 16.0
Release Date: 1/27/2023 Page 3 of 37

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.

12. Indemnification of Liability, Duty to Defend
To the fullest extent permitted by law, AXON shall defend, , indemnify and hold harmless AGENCY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys’ fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of AXON or AXON’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property, except to the extent of Agency’s negligence or willful misconduct, or claims under workers compensation.

13. Insurance. Axon will maintain General Liability, Workers’ Compensation, and Automobile Liability insurance. Upon request, Axon will supply certificates of insurance.

In addition to any other obligations under this Agreement, AXON shall, at no cost to AGENCY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below.

Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work.

Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, AXON must purchase so called “extended reporting” or “tail” coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work.

As a condition precedent to AGENCY’S obligations under this Agreement, AXON shall furnish written evidence of such coverage (naming AGENCY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms.

14. 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.

15. 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.

16. 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; (c) a dispute between Agency and a third-party over Agency’s use of Axon Devices; (d) to ensure Axon Devices are destroyed and disposed of securely and sustainably at Agency’s cost; and (e) any regulatory violations or fines, as a result of improper destruction or disposal of Axon Devices.

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Version: 16.0
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17. Termination.

17.1. 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.

17.2. 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.

17.3. 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 nonappropriation, 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.

18. 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. The Parties acknowledge that Agency has disclosure obligations under the California Public Records Act. The Parties also acknowledge that this agreement will be a public record when approved and is not deemed to be Confidential Information.

19. General.

19.1. Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party’s reasonable control.

19.2. 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.

19.3. Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement.

19.4. 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.

19.5. Export Compliance. Each Party will comply with all import and export control laws and regulations.

19.6. 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.

19.7. Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right.

19.8. 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.

19.9. Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, IP Rights, and Agency Responsibilities.

19.10.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 DocuSign Envelope ID: CE5B6E3E-7E95-4FA8-AD4F-D95DA4D1C915 10.2 p. 187 of 384
Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 16.0
Release Date: 1/27/2023 Page 5 of 37
International Sale of Goods does not apply to this Agreement.

19.11.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 provided to the address on file with Axon. Notices to Axon shall be provided to Axon Enterprise, Inc., Attn: Legal, 17800 North 85th Street, Scottsdale, Arizona 85255 with a copy to [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 this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties.

Each Party, by and through its respective representative authorized to execute this Agreement, has duly executed and delivered this Agreement as of the date of signature.

AXON: AGENCY:

Axon Enterprise, Inc. Gilroy Police Department (CA)
Signature: Signature:

Name: Name: Jimmy Forbis
Title: Title:

Date: Date:

Signature:

Name: Andy Faber
Title:

Date:

Signature:

Name: Thai Pham
Title:

Date:

DocuSign Envelope ID: CE5B6E3E-7E95-4FA8-AD4F-D95DA4D1C915 Robert E. Driscoll, Jr.
5/24/2023 | 6:16 PM MST
VP, Assoc. General Counsel

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Axon Cloud Services Terms of Use Appendix

1. Definitions.
a. “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. b. “Evidence” is media or multimedia uploaded into Axon Evidence as 'evidence' by an Agency. Evidence is a subset of Agency Content.
c. “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. d. “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 non-TASER 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. a. 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 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.
b. 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-services-privacy-policy. Agency agrees to allow Axon access to Non-Content Data from Agency to (a) perform troubleshooting, maintenance, or diagnostic DocuSign Envelope ID: CE5B6E3E-7E95-4FA8-AD4F-D95DA4D1C915 10.2 p. 189 of 384
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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, NonContent 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.

For Third-Party Unlimited Storage the following restrictions apply: (i) it may only be used in conjunction with a valid Axon’s Evidence.com user license; (ii) is limited to data of the law enforcement agency that purchased the Third-Party Unlimited Storage and the Axon’s Evidence.com end user or Agency is prohibited from storing data for other law enforcement agencies; and (iii) Agency may only upload and store data that is directly related to:
(1) the investigation of, or the prosecution of a crime; (2) common law enforcement activities; or (3) any Agency Content created by Axon Devices or Evidence.com.

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. Service Offerings will be subject to the Axon Cloud Services Service Level Agreement, a current version of which is available at https://www.axon.com/products/axonevidence/sla .

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. a. The Axon Records Subscription Term will end upon the completion of the Axon Records Subscription as documented in the Quote, or if purchased as part of an OSP 7 bundle, upon completion of the OSP 7 Term (“Axon Records Subscription”)
b. 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.
c. 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.

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Version: 16.0
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d. 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:
a. copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services; b. 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; c. access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas;
d. use trade secret information contained in Axon Cloud Services, except as expressly permitted in this Agreement;
e. access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services;
f. 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 g. 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.

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.

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Axon Customer Experience Improvement Program Appendix

1. Axon Customer Experience Improvement Program (ACEIP). The ACEIP is designed to accelerate Axon’s development of technology, such as building and supporting automated features, to ultimately increase safety within communities and drive efficiency in public safety. To this end, subject to the limitations on Axon as described below, Axon, where allowed by law, may make limited use of Agency Content from all of its customers, to provide, develop, improve, and support current and future Axon products (collectively, “ACEIP Purposes”). However, at all times, Axon will comply with its obligations pursuant to the Axon Cloud Services Terms of Use Appendix to maintain a comprehensive data security program (including compliance with the CJIS Security Policy for Criminal Justice Information), privacy program, and data governance policy, including high industry standards of de-identifying Personal Data, to enforce its security and privacy obligations for the ACEIP. ACEIP has 2 tiers of participation, Tier 1 and Tier 2. By default, Agency will be a participant in ACEIP Tier 1. If Agency does not want to participate in ACEIP Tier 1, Agency can revoke its consent at any time. If Agency wants to participate in Tier 2, as detailed below, Agency can check the ACEIP Tier 2 box below. If Agency does not want to participate in ACEIP Tier 2, Agency should leave box unchecked. At any time, Agency may revoke its consent to ACEIP Tier 1, Tier 2, or both Tiers.

2. ACEIP Tier 1.

2.1. When Axon uses Agency Content for the ACEIP Purposes, Axon will extract from Agency Content and may store separately copies of certain segments or elements of the Agency Content (collectively, “ACEIP Content”). When extracting ACEIP Content, Axon will use commercially reasonable efforts to aggregate, transform or de-identify Agency Content so that the extracted ACEIP Content is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual (“Privacy Preserving Technique(s)”). For illustrative purposes, some examples are described in footnote 11. For clarity, ACEIP Content will still be linked indirectly, with an attribution, to the Agency from which it was extracted. This attribution will be stored separately from the data itself, but is necessary for and will be solely used to enable Axon to identify and delete all ACEIP Content upon Agency request.

Once de-identified, ACEIP Content may then be further modified, analyzed, and used to create derivative works. At any time, Agency may revoke the consent granted herein to Axon to access and use Agency Content for ACEIP Purposes. Within 30 days of receiving the Agency’s request, Axon will no longer access or use Agency Content for ACEIP Purposes and will delete any and all ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Agency. In addition, if Axon uses Agency Content for the ACEIP Purposes, upon request, Axon will make available to Agency a list of the specific type of Agency Content being used to generate ACEIP Content, the purpose of such use, and the retention, privacy preserving extraction technique, and relevant data protection practices applicable to the Agency Content or ACEIP Content (“Use Case”). From time to time, Axon may develop and deploy new Use Cases. At least 30 days prior to authorizing the deployment of any new Use Case, Axon will provide Agency notice (by updating the list of Use Case at https://www.axon.com/aceip and providing Agency with a mechanism to obtain notice of that update or another commercially reasonable method to Agency designated contact) (“New Use Case”).

2.2. Expiration of ACEIP Tier 1. Agency consent granted herein, will expire upon termination of the Agreement. In accordance with section 1.1.1, within 30 days of receiving the Agency’s request, Axon will no longer access or use Agency Content for ACEIP Purposes and will delete ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Agency.
1 For example; (a) when extracting specific text to improve automated transcription capabilities, text that could be used to directly identify a particular individual would not be extracted, and extracted text would be disassociated from identifying metadata of any speakers, and the extracted text would be split into individual words and aggregated with other data sources (including publicly available data) to remove any reasonable ability to link any specific text directly or indirectly back to a particular individual; (b) when extracting license plate data to improve Automated License Plate Recognition (ALPR) capabilities, individual license plate characters would be extracted and disassociated from each other so a complete plate could not be reconstituted, and all association to other elements of the source video, such as the vehicle, location, time, and the surrounding environment would also be removed; (c) when extracting audio of potential acoustic events (such as glass breaking or gun shots), very short segments (<1 second) of audio that only contains the likely acoustic events would be extracted and all human utterances would be removed.

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Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 16.0
Release Date: 1/27/2023 Page 10 of 37

3. ACEIP Tier 2. In addition to ACEIP Tier 1, if Agency wants to help further improve Axon’s services, Agency may choose to participate in Tier 2 of the ACEIP. ACEIP Tier 2 grants Axon certain additional rights to use Agency Content, in addition to those set forth in Tier 1 above, without the guaranteed deployment of a Privacy Preserving Technique to enable product development, improvement, and support that cannot be accomplished with aggregated, transformed or de-identified data.
☐ Check this box if Agency wants to help further improve Axon’s services by participating in ACEIP Tier 2 in addition to Tier 1. Axon will not enroll Agency into ACEIP Tier 2 until Axon and Agency agree to terms in writing providing for such participation in ACEIP Tier 2.

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Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 16.0
Release Date: 1/27/2023 Page 11 of 37
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 practices 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:

System set up and configuration (Remote Support)
• Instructor-led setup of Axon View on smartphones (if applicable) DocuSign Envelope ID: CE5B6E3E-7E95-4FA8-AD4F-D95DA4D1C915 10.2 p. 194 of 384
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• 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.

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 DocuSign Envelope ID: CE5B6E3E-7E95-4FA8-AD4F-D95DA4D1C915 10.2 p. 195 of 384
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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 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.

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Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 16.0
Release Date: 1/27/2023 Page 14 of 37
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 upgrade Axon Device models from the current Axon Device to an upgraded Axon Device, Agency must pay the price difference between the MSRP for the current Axon Device and the MSRP for the upgraded Axon Device. 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.

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Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 16.0
Release Date: 1/27/2023 Page 15 of 37
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. TASER Upgrade. If Agency purchases Axon’s 10-year certification program for Axon’s latest version of its TASER energy weapon (“Certification Program”) and has no outstanding payment obligations as of the beginning of the 6th year of the Certification Program, Agency will qualify for an upgrade to any subsequent version of the Certification Program (“CEW Upgrade”). Agency will receive the CEW Upgrade at no additional cost, only to the extent such subsequent version of the Certification Program includes the same products or features as the Certification Program purchased by Agency. If Agency wants to upgrade to a Certification Program that includes additional products or features, Agency will pay the additional cost associated with such products and features. For the avoidance of doubt, Agency is not required to upgrade to any subsequent version of the Certification Program. Axon may ship the CEW Upgrade as scheduled in the Quote without prior confirmation from agency unless the Parties agree in writing otherwise at least 90 days in advance. If necessary to maintain compatibility among Axon Devices, within 30 days of receiving the CEW Upgrade, Agency must, if requested by Axon, return all hardware and related accessories received in connection with the Certification Program to Axon. In such event, Agency must ship batteries via ground shipping or in accordance with federal regulations in place at the time of the return. Axon will pay shipping costs for the return if Agency uses Axon’s RMA process.

4. 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.

5. 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 trade-in 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

6. 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.

7. 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.

8. 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.

9. 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:

9.1. TASER 7 extended warranties and access to Training Content will terminate. No refunds will be given.

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9.2. 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.

9.3. Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER 7 plan.

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Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 16.0
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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 autopopulate 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.

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Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 16.0
Release Date: 1/27/2023 Page 18 of 37
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 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.

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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.

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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 good-faith 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 Axon-provided LTE service.

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Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 16.0
Release Date: 1/27/2023 Page 21 of 37
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 addon.

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 post-termination 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.

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Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 16.0
Release Date: 1/27/2023 Page 22 of 37
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 AutoTranscribe 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 Auto-Transcribe 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 AutoTranscribe, 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.

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Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 16.0
Release Date: 1/27/2023 Page 23 of 37
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-reality-privacy-policy.

5. Termination. Axon may terminate Agency’s license immediately for Agency’s failure to comply with any of the terms in this Agreement.

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Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 16.0
Release Date: 1/27/2023 Page 24 of 37
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 third-party 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);

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).

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Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 16.0
Release Date: 1/27/2023 Page 25 of 37
My90 Terms of Use Appendix
Definitions.

1.1. “My90” means Axon’s proprietary platform and methodology to obtain and analyze feedback, and other related offerings, including, without limitation, interactions between My90 and Axon Products.

1.2. “Recipient Contact Information” means contact Information, as applicable, including phone number or email address (if available) of the individual whom Customer would like to obtain feedback.

1.3. “Customer Data” means

1.3.1. “My90 Customer Content” which means data, including Recipient Contact Information, provided to My90 directly by Customer or at their direction, or by permitting My90 to access or connect to an information system or similar technology. My90 Customer Content does not include My90 NonContent Data.

1.3.2. “My90 Non-Content Data” which means data, configuration, and usage information about Customer’s My90 tenant, and client software, users, and survey recipients that is Processed when using My90 or responding to a My90 Survey. My90 Non-Content Data includes data about users and survey recipients captured during account management and customer support activities. My90 Non-Content Data does not include My90 Customer Content.

1.3.3. “Survey Response” which means survey recipients response to My90 Survey.

1.4. “My90 Data” means

1.4.1. “My90 Survey” which means surveys, material(s) or content(s) made available by Axon to Customer and survey recipients within My90.

1.4.2. “Aggregated Survey Response” which means Survey Response that has been de-identified and aggregated or transformed so that it is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual.

1.5. “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.

1.6. “Processing” means any operation or set of operations which is performed on data or on sets of data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

1.7. “Sensitive Personal Data” means Personal Data that reveals an individual’s health, racial or ethnic origin, sexual orientation, disability, religious or philosophical beliefs, or trade union membership.

2. Access. Upon Axon granting Customer a subscription to My90, Customer may access and use My90 to store and manage My90 Customer Content, and applicable My90 Surveys and Aggregated Survey Responses. This Appendix is subject to the Terms and Conditions of Axon’s Master Service and Purchasing Agreement or in the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern.

3. IP address. Axon will not store survey respondents’ IP address.

4. Customer Owns My90 Customer Content. Customer controls or owns all right, title, and interest in My90 Customer Content. Except as outlined herein, Axon obtains no interest in My90 Customer Content, and My90 Customer Content is not Axon’s business records. Except as set forth in this Agreement, Customer is responsible for uploading, sharing, managing, and deleting My90 Customer Content. Axon will only have access to My90 Customer Content for the limited purposes set forth herein. Customer agrees to allow Axon access to My90 Customer Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of My90 and other Axon Products.

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5. Details of the Processing. The nature and purpose of the Processing under this Appendix are further specified in Schedule 1 Details of the Processing, to this Appendix.

6. Security. Axon will implement commercially reasonable and appropriate measures to secure Customer Data against accidental or unlawful loss, access, or disclosure. Axon will maintain a comprehensive information security program to protect Customer Data including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; security education; and data protection. Axon will not treat Customer Data in accordance with FBI CJIS Security Policy requirements and does not agree to the CJIS Security Addendum for this engagement or any other security or privacy related commitments that have been established between Axon and Customer, such as ISO 27001 certification or SOC 2 Reporting.

7. Privacy. Customer use of My90 is subject to the My90 Privacy Policy, a current version of which is available at https://www.axon.com/legal/my90privacypolicy . Customer agrees to allow Axon access to My90 Non-Content Data from Customer to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon Products including My90 and related services; and (c) enforce this Agreement or policies governing the use of My90 or other Axon Products.

8. Location of Storage. Axon may transfer Customer Data to third-party subcontractors for Processing. Axon will determine the locations for Processing of Customer Data. For all Customers, Axon will Process including store Customer Data within the United States. Ownership of My90 Customer Content remains with Customer.

9. Required Disclosures. Axon may be required to disclose Customer Data that Customer shares with Axon as part of a subpoena process or other order issued by a court or administrative body or otherwise required by any law or regulation. Axon will not disclose Customer Data except as compelled by a court or administrative body or required by any law or regulation. Axon will notify Customer if any disclosure request is received for Customer Data so Customer may file an objection with the court or administrative body, unless prohibited by law.

10. Data Sharing. Axon may share data only with entities that control or are controlled by or under common control of Axon, and as described below:

10.1. Axon may share Customer Data with third parties it employs to perform tasks on Axon’s behalf to provide products or services to Customer.

10.2. Axon may share Aggregated Survey Response with third parties, such as other Axon Customers, local city agencies, private companies, or members of the public that are seeking a way to collect analysis on general policing and community trends. Aggregated Survey Response will not be reasonably capable of being associated with or could reasonably be linked directly or indirectly to a particular individual.

11. License and Intellectual Property. Customer grants Axon and, its affiliates, and assignees the irrevocable, perpetual, fully paid, royalty-free, and worldwide right and license to use Customer Data for internal use including but not limited to analysis and creation of derivatives but Axon may not release Customer Data to any third party under this right that is not aggregated and de-identified. Customer acknowledges that Customer will have no intellectual property right in any media, good or service developed or improved by Axon. Customer acknowledges that Axon may make any lawful use of My90 Data and any derivative of Customer Data including, without limitation, the right to monetize, redistribute, make modification of, and make derivatives of the surveys, survey responses and associated data, and Customer will have no intellectual property right in any good, service, media, or other product that uses My90 Data.

12. Customer Use of Aggregated Survey Response. Axon will make available to Customer Aggregated Survey Response and rights to use for any Customer purpose.

13. Data Subject Rights. Taking into account the nature of the Processing, Axon shall assist Customer by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of Customer’s obligation to respond to a Data Subject Request regarding any Personal Data contained within My90 Customer Content. If in regard to My90 Customer Content, Axon receives a Data Subject Request from Customer’s data subject to exercise one or more of its rights under applicable Data Protection Law, Axon will redirect the data subject within 72 hours, to make its request directly to Customer. Customer will be responsible for responding to any such request.

14. Assistance with Requests Related to My90 Customer Content. With regard to the processing of My90 Customer Content, Axon shall, if not prohibited by applicable law, notify Customer without delay after receipt, if Axon: (a) receives a request for information from the Supervisory Authority or any other competent authority regarding My90 Customer Content; (b) receives a complaint or request from a third party regarding the obligations DocuSign Envelope ID: CE5B6E3E-7E95-4FA8-AD4F-D95DA4D1C915 10.2 p. 209 of 384
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of Customer or Axon under applicable Data Protection Law; or (c) receives any other communication which directly or indirectly pertains to My90 Customer Content or the Processing or protection of My90 Customer Content. Axon shall not respond to such requests, complaints, or communications, unless Customer has given Axon written instructions to that effect or if such is required under a statutory provision. In the latter case, prior to responding to the request, Axon shall notify Customer of the relevant statutory provision and Axon shall limit its response to what is necessary to comply with the request.

15. Axon Evidence Partner Sharing. If Axon Evidence partner sharing is used to share My90 Customer Content, Customer will manage the data sharing partnership with Axon and access to allow only for authorized data sharing with Axon. Customer acknowledges that any applicable audit trail on the original source data will not include activities and processing performed against the instances, copies or clips that has been shared with Axon.

Customer also acknowledges that the retention policy from the original source data is not applied to any data shared with Axon. Except as provided herein, data shared with Axon may be retained indefinitely by Axon.

16. Data Retention. Phone numbers provided to Axon directly by Customer or at their direction, or by permitting My90 to access or connect to an information system or similar technology will be retained for 24 hours. Axon will not delete Aggregated Survey Response for four years following termination of this Agreement. There will be no functionality of My90 during these four years other than the ability to submit a request to retrieve Aggregated Survey Response. Axon has no obligation to maintain or provide Aggregated Survey Response after these four years and may thereafter, unless legally prohibited, delete all Aggregated Survey Response.

17. Termination. Termination of an My90 Agreement will not result in the removal or modification of previously shared My90 Customer Content or the potential monetization of Survey Response and Aggregated Survey Response.

18. Managing Data Shared. Customer is responsible for:

18.1. Ensuring My90 Customer Content is appropriate for use in My90. This includes, prior to sharing: (a) applying any and all required redactions, clipping, removal of metadata, logs, etc. and (b) coordination with applicable public disclosure officers and related legal teams;

18.2. Ensuring that only My90 Customer Content that is authorized to be shared for the purposes outlined is shared with Axon. Customer will periodically monitor or audit this shared data;

18.3. Using an appropriately secure data transfer mechanism to provide My90 Customer Content to Axon;

18.4. Immediately notifying Axon if My90 Customer Content that is not authorized for sharing has been shared.

Axon may not be able to immediately retrieve or locate all instances, copies or clips of My90 Customer Content in the event Customer requests to un-share previously shared My90 Customer Content;

19. Prior to enrollment in My90. Prior to enrolling in MY90, Customer will:

19.1. determine how to use MY90 in accordance with applicable laws and regulations including but not limited to consents, use of info or other legal considerations.

19.2. develop a set of default qualification criteria of what My90 Customer Content may be shared with Axon; and

19.3. assign responsibilities for managing what My90 Customer Content is shared with Axon and educate users on what data may or not be shared with Axon.

20. Customer Responsibilities. Customer is responsible for:

20.1. ensuring no My90 Customer Content or Customer end user’s use of My90 Customer Content or My90 violates this Agreement or applicable laws;

20.2. providing, and will continue to provide, all notice and has obtained, and will continue to obtain, all consents and rights necessary under applicable laws for Axon to process Customer Data in accordance with this Agreement; and

20.3. maintaining necessary computer equipment and Internet connections for use of My90. If Customer becomes aware of any violation of this Agreement by an end user, Customer will immediately terminate that end user’s access to My90. Customer will also maintain the security of end usernames and passwords and security and access by end users to My90 Customer Content. Customer is responsible for ensuring DocuSign Envelope ID: CE5B6E3E-7E95-4FA8-AD4F-D95DA4D1C915 10.2 p. 210 of 384
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the configuration and utilization of My90 meets applicable Customer regulations and standards. Customer may not sell, transfer, or sublicense access to any other entity or person. Customer shall contact Axon immediately if an unauthorized party may be using Customer’s account or My90 Customer Content or if account information is lost or stolen.

21. Suspension. Axon may temporarily suspend Customer’s or any end user’s right to access or use any portion or all of My90 immediately upon notice, if Customer or end user’s use of or registration for My90 may (a) pose a security risk to Axon Products including My90, or any third-party; (b) adversely impact My90, the systems, or content of any other customer; (c) subject Axon, Axon’s affiliates, or any third-party to liability; or (d) be fraudulent.

Customer remains responsible for all fees, if applicable, incurred through suspension. Axon will not delete My90 Customer Content or Aggregated Survey Response because of suspension, except as specified in this Agreement.

22. My90 Restrictions. Customer and Customer end users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to:

22.1. copy, modify, tamper with, repair, or create derivative works of any part of My90;

22.2. reverse engineer, disassemble, or decompile My90 or apply any process to derive any source code included in My90, or allow others to do the same;

22.3. access or use My90 with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas;

22.4. use trade secret information contained in My90, except as expressly permitted in this Agreement;

22.5. access My90 to build a competitive product or service or copy any features, functions, or graphics of My90;

22.6. 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 My90; or

22.7. use My90 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.

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Schedule 1- Details of the Processing

1. Nature and Purpose of the Processing. To help Customer obtain feedback from individuals, such as members of their community, staff, or officers. Features of My90 may include:

1.1. Survey Tool where Customer may create, distribute, and analyze feedback from individuals it designates. Customer may designate members of the community, staff or officers from whom they would like to obtain feedback;

1.2. Creation of custom forms for surveys. Customer may select questions from a list of pre-drafted questions or create their own;

1.3. Distribution of survey via multiple distribution channels such as text message;

1.4. Ability to access and analyze Survey Response. Axon may also provide Customer Aggregated Survey Responses which contain analysis and insights from the Survey Response;

1.5. Direct integrations into information systems including Computer Aided Dispatch (“CAD”). This will enable Customer to share contact information easily and quickly with Axon of any individuals from whom it wishes to obtain feedback - enabling Axon to communicate directly with these individuals;

1.6. Data Dashboard Beta Test (“Data Dashboard”) where Survey Response and Aggregated Survey Response will be displayed for Customer use. Customers will be able to analyze, interpret, and share results of the Survey Response. My90 may provide beta versions of the Data Dashboard that are specifically designed for Customer to test before they are publicly available;

1.7. Survey Responses will be aggregated and de-identified and may be subsequently distributed and disclosed through various mediums to: (1) Customer; (2) other Axon Customers; (3) private companies; and (4) members of the public. The purpose of disclosure is to provide ongoing insights and comparisons on general policing and community trends. Prior to disclosing this information, Axon will ensure that the Survey Response has been de-identified and aggregated or transformed so that it is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual; and

1.8. Provide services and materials to engage Customer stakeholders, market the partnership to the public, and facilitate training.

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Axon Evidence Service Level Agreement Appendix
This Service Level Agreement (SLA) identifies the Axon Evidence Service Offerings and the expected level of services between Axon2 (Axon, us or we) and users of Service Offerings (Customer or you). Unless otherwise provided in this SLA, this SLA is subject to the terms of the purchase agreement, or other similar agreement, if any, between Axon and Customer. This SLA applies separately to each Customer using Service Offerings. By using Service Offerings, you agree that you understand this SLA and you accept and agree to be bound by the following terms and conditions. Axon reserves the right to update and change the terms of this SLA. When we post changes, we will revise the “last updated” date at the top of this page. If there are adverse material changes to this SLA, we will inform you by directly sending you a notification. We encourage you to periodically review the most current version of the Axon Cloud Services Maintenance Schedule by visiting:
https://www.axon.com/products/axon-evidence/maintenance-schedule.

Definitions
• “Axon Cloud Services” means Axon’s web services for Axon Evidence, Axon Records, Axon Dispatch, and interactions between Evidence.com and Axon devices or Axon client software. Axon Cloud Service excludes third-party applications, hardware warranties, and my.evidence.com. • “Downtime” means periods of time, measured in minutes, in which the Service Offering is Unavailable to you. “Downtime” does not include Scheduled Downtime and does not include Unavailability of the Service Offering due to limitations described under the section Exclusions. • “Incident” means a disruption of Service Offerings during which the Customer experiences Downtime. • “Maximum Available Minutes” means the total amount of accumulated minutes during a Service Month for the Service Offering.
• “Monthly Uptime Percentage” means (Maximum Available Minutes - Downtime) / Maximum Available Minutes * 100.
• “Scheduled Downtime” means periods of time, measured in minutes, in which the Service Offering is unavailable to Customer, which fall within scheduled routine maintenance or planned maintenancetimeframes. • “Service Month” means a calendar month at Coordinated Universal Time (UTC). • “Service Credits” means credits received by users of Service Offerings in the event that the service level objectives are not achieved.
• “Service Offerings” means all Axon Evidence services provided by Axon pursuant to this SLA. • “Unavailable” and “Unavailability” means a situation where the Service Offering does not allow for the upload of evidence files, viewing of evidence files or interactive login by an end-user.

Service Level Objective
Axon will use commercially reasonable efforts to make the Service Offerings available 99.99% of the time. Guaranteed service level & Service Credits:

Monthly Uptime
Percentage
Service Credit in
Days
Less than 99.9% 3
Less than 99.0% 7
Requesting Service Credits
In order for Axon to consider a claim for Service Credits, you must submit the claim to Axon Customer Support (https://www.axon.com/contact) including all information necessary for us to validate the claim, including but not limited to: (i) a detailed description of the Incident; (ii) information regarding the time and duration of the Incident; (iii) the number and location(s) of affected users (if applicable); and (iv) descriptions of 2 “Axon” refers to the Axon entity that you are in a contractual agreement with for the provision of Axon Cloud Services, including but not limited to Axon Public Safety UK Limited, Axon Public Safety Germany SE, etc.

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your attempts to resolve the Incident at the time of occurrence.

Service Maintenance
• Maintenance will take place according to the prevailing Axon Cloud Services Maintenance Schedule:
https://www.axon.com/products/axon-evidence/maintenance-schedule. • Maintenance periods may periodically result in the Service Offerings being Unavailable to you. Downtime falling within scheduled routine or planned maintenance is Scheduled Downtime and is not eligible for ServiceCredits. • Emergency maintenance may have less than a 24-hour notification period. Emergency maintenance may be performed at any time, with or without notice as deemed necessary by Axon. Emergency maintenance falling outside scheduled routine or planned maintenance is eligible for Service Credits. • Axon will make available updates as released by Axon to the Axon Cloud Services. The Customer is responsible for maintaining the computer equipment and internet connections necessary for use of Axon Cloud Services. • For the support of Android & iOS Applications, including Axon View, Axon Device Manager, and Axon Capture, Axon will use reasonable efforts to continue supporting previous version of such applications for 45 days after the change. In the event the Customer does not update their Android/iOS application to the most current version within 45 days of release, Axon may disable the application or force updates to the non-supported application.

Terms
Axon must receive the claim within one month of the end of the month in which the Incident that is the subject of the claim occurred. For example, if the Incident occurred on February 12th, we must receive the claim and all required information by March 31st.

We will evaluate all information reasonably available to us and make a good faith determination of whether a Service Credit is owed. We will use commercially reasonable efforts to process claims during the subsequent month and within forty-five days of receipt. You must be in compliance with all Axon agreements in order to be eligible for a Service Credit. If we determine that a Service Credit is owed to you, we will apply the Service Credit to the end of your Service Offering subscription term. Service Credits may not be exchanged for or converted to monetary amounts.

Exclusions
This SLA does not apply to any unavailability, suspension or termination of the Service Offerings, or any other Axon Evidence performance issues: (a) caused by factors outside of our reasonable control, including any force majeure event, terrorism, sabotage, virus attack or Customer internet access and related problems beyond the demarcation point of the Service Offerings (including Domain Name Server issues outside our direct control); (b) that result from any actions or inactions of you or a third party; (c) that result from your communication delays, including wrong, bad or missing data, improperly formatted, organized or transmitted data received from you, or any other data issues related to the communication or data received from or through you; (d) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (e) that result from any maintenance as provided for pursuant to this SLA; or (f) arising from our suspension and termination of your right to use the Service Offerings in accordance with the agreement for the provision of Axon Evidence between you and Axon.

Planned Maintenance
Axon may schedule and plan maintenance windows outside of the timeframes detailed in “Scheduled Routine Maintenance”.

Scheduled Routine Maintenance: routine maintenance is scheduled on the fourth Tuesday of each month in Pacific Time (PT)*:

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* Pacific Time (PT) observes daylight savings. UTC time data is reflective of maintenance windows regardless of daylight savings observation. Refer to UTC to calculate local time of maintenance.
** Maintenance performed on UK and AU a week after the fourth Tuesday of each month *** Time period includes time on Wednesday in UTC
**** Time period is on Wednesday in UTC
Emergency Maintenance
Patches and emergency releases are used to deliver ad-hoc application fixes and are typically seamless to customers. Whenever possible, patches and emergency releases are deployed during off-peak hours and without Downtime. Emergency releases are conducted on an as-needed basis and can occur any day of the week.

Axon Device Firmware Updates
Firmware updates and enhancements to Axon devices are pushed from Axon Cloud Services. Customer interaction is not required. Updates are retrieved, installed and validated during the normal device charging and data transfer process. Firmware updates are systemically rolled out to customers in waves.

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Notification of Maintenance
Notification of upcoming routine maintenance is not provided in advance unless there has been a change to the Scheduled Routine Maintenance. Approximately one (1) week prior to the routine maintenance, release notes are provided to Axon Evidence customer administrators.

If planned maintenance is required, Axon will communicate via email to Axon Evidence Customer administrators at least one (1) week in advance.

In the event of scheduled routine or planned maintenance that requires customer action (e.g. updating network settings), Axon will communicate via email at least sixty (60) days prior to the maintenance. Please Note: If emergency maintenance that requires customer action is necessary, Customers may be notified less than one (1) week in advance.

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Part 2 - Customer Support Response Statement
Axon has implemented Incident response policies and practices for Axon devices and Axon Cloud Services, which follow industry best practice standards. Axon reserves the right to change the terms of these response policies.

Definitions
• “Business Day” means Monday to Friday 08:00 – 17:30, excluding public holidays. • “BOD” means the Board of Directors
• “Incident” means a fault related to an Axon product or Axon Cloud Services experienced by the Customer. • “Targeted Response Time” means the target timeframe for Axon to respond to Customer and/or escalate the Incident within the “Axon Customer Support Solution”.
• “Targeted Resolution Time” means the target timeframe for the full resolution of the Incident. It excludes time delays caused by Customer or third parties outside of Axon’s reasonable control. • “Workaround” means a method for overcoming an Incident allowing the Customer to operate the core function of Axon devices and/or Axon Cloud Services.

Axon Support Channels
Axon Resource Centre: https://my.axon.com
Telephone:

US & Canada: 800-978-2737
UK: +44 (0)1327 709 666
Email:

UK: [email protected]
Germany: [email protected]
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Incident Classifications and Response Times
Incident
Classification Description
Targeted
Response
Time
Targeted
Resolution
Time
Customer
Response
Commitment
Severity 1
- Business critical
function is down
- Material impact
to Customer's
business
- No Workaround
exists
Less than 1
hour
Less than 24
hours
Customer shall remain
accessible by phone for
troubleshooting from the
time a Severity 1 issue is
logged until such time as it
is resolved.

Severity 2
- Business critical
function is
impaired or
degraded
- There are timesensitive issues
that materially
impact ongoing
production
- Workaround
exists, but it is only
temporary
1 Business
Day
Less than 2
weeks
Customer shall remain
accessible by phone or
other electronic means for
troubleshooting from the
time a Severity 2 issue is
logged until such time as it
is resolved.

Severity 3
- Non-critical
function down or
impaired
- Does not have
significant current
production impact
- Performance is
degraded
1 Business
Day
Mutually
agreed
timeframe
based on
prioritization
For Customers with 4 levels of Incident classification such as Critical, High, Medium and Low, Axon will recognize this and will consider the two highest categories as “Severity 1”. For example: Critical and High would be classed as a “Severity 1” Incident and managed accordingly.

Severity Level Determination
Customer shall reasonably self-diagnose each Incident and recommend to Axon an appropriate severity level designation. Axon shall validate your severity level designation or notify you of a proposed change to a higher or lower level with justification for the proposal. In the event of a conflict regarding the appropriate severity level designation, each party shall promptly escalate such conflict to its management team for resolution through consultation between the parties’ management, during which time the parties shall continue to handle the Incident support in accordance with Axon’s severity level designation. In the rare case a conflict requires a management discussion, both parties shall be available within one hour of the escalation.

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Escalation
Escalation
Level Description Escalation
Targeted
Response
Time
Targeted
Resolution
Time
Tier 1
Basic technical or
commercial issues -
Non-time critical
None Less than 6
hours
Less than 1
business day
Tier 2
Advanced technical
or commercial
issues - Non-time
critical.

BoD / Country
Manager
Less than 4
hours
Less than 1
business day
Tier 3 Technical or
commercial issues -
Time critical
Country Manager
to Axon
BoD/Support
Team
Less than 2
hours
Less than 1
business day
Exclusions
This Customer Support Response Statement does not apply to any unavailability, suspension, or termination of the Service Offerings caused by all the exclusion events under Part 1 of this document, nor to services or hardware not within Axon’s control. Hardware warranty will be dependent on Customer’s specific agreement with Axon and levels covered. Please see Part 3 for “Return of Merchandise Authorization”.

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Part 3 – Return of Merchandise Authorization (RMA)
The Axon Evidence Device Return Service provides Customers with the ability to manage return merchandise authorization (RMA) requests within Axon Evidence.com. Authorized users will be able to create, update, save, submit, and track device returns for their agency in one place. Hardware warranty will be dependent on Customer’s specific agreement with Axon and levels covered.

Targeted Replacement Time:

Axon aims to have replacement devices shipped to the Customer within 48 hours from receipt of the faulty device (excluding weekends or public holidays).

Exclusions
The Return of Merchandise Authorization does not apply to services or hardware not within Axon’s control. Axon’s customer support will provide detail on return times as soon as possible to the Customer’s point of contact.

N.B. TASER products (conducted electrical devices) are not covered under the terms of this Return of Merchandise Authorization. Customers are requested to contact Customer support directly to report a faulty TASER device.

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Gilroy City CouncilJune 19, 2023

Gilroy City Council
June 19, 2023