Hawthorne City Council
September 12, 2023

AGENDA ITEM NO. 33

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of September 12, 2023
Originating Department: Police - Operations
City Manager: __________
Vontray Norris
Chief of Police: ___________
Gary Tomatani
SUBJECT:

Agreement Between the City of Hawthorne and the City of Manhattan Beach For Supplemental Law Enforcement (Medical Director) Services.

RECOMMENDED MOTION:

Staff recommends the City Council approve and ratify the City Manager's to execution of the Agreement Between the City of Hawthorne and the City of Manhattan Beach for supplemental law enforcement (Medical Director) services and authorize the City Manager to execute the agreement and amendments thereto.

DISCUSSION:

The City’s Police Department staff request approval to provide Medical Director Services to the City of Manhattan Beach Police Department. Hawthorne Police Department Medical Director will oversee the City of Manhattan Beach Police Department CPR, First Aid, AED, Narcan, and Tactical Medicine training. Hawthorne Medical Director will develop and maintain standard policies and procedures to provide optimal first responder medical care for the community of Manhattan Beach. Medical Director will provide continuing education, training and oversee the quality assurance and quality improvement program. The police department of both cities agreed upon an annual cost of $23,000 for two (2) years for the proposed service requested.

The Agreement Between the City of Hawthorne and the City of Manhattan Beach for Supplemental Law Enforcement (Medical Director) Services was executed by both parties, including the City of Hawthorne City Manager and went into effect on October 1, 2023.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

Goal 2: Develop revenue generating program.

FISCAL IMPACT:

None.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. Agreement between the City of Hawthorne and the City of Manhattan Beach for Supplemental Law Enforcement (Medical Director) Services 1 AGREEMENT BETWEEN

THE CITY OF HAWTHORNE AND THE CITY OF MANHATTAN BEACH

FOR SUPPLEMENTAL LAW ENFORCEMENT (MEDICAL DIRECTOR) SERVICES This Agreement is made this 1
st day of October 2023, by and between the City of Manhattan Beach, California (“Manhattan Beach”) and the City of Hawthorne, California (“Hawthorne”), both of which are California municipal corporations and general law cities (hereinafter referred to individually as a “Party” and collectively as the “Parties”).

R E C I T A L S
A. Pursuant to Government Code sections 54981 and 54982, the legislative body of any local agency (here, Manhattan Beach) may contract with another local agency (here, Hawthorne) for the performance of municipal services or functions, including law enforcement services.

B. Manhattan Beach police officers provide limited medical services under California Code of Regulations, Title 22, Division 9, Chapter 1.5.

C. The medical services provided under the said California Code of Regulations, Title 22, Division 9, Chapter 1.5 require training and education as well as a quality improvement and reporting program.

D. Therefore, Manhattan Beach is desirous of contracting with Hawthorne for supplemental medical oversight, training, and education in order to comply with California Code of Regulations, Title 22, Division 9, Chapter 1.5.

E. Hawthorne is willing and able to render these supplemental medical oversight, training, and education services to Manhattan Beach pursuant to the terms and conditions set forth below.

NOW, THEREFORE, in consideration of the foregoing and of the covenants and conditions set forth below, the Parties agree as follows:

1. Scope of Services.

1.1. Hawthorne agrees, through its Police Department, to provide Manhattan Beach the services listed in Exhibit A, “Scope of Services”, herein attached and incorporated to this Agreement.

1.2. Hawthorne shall provide and supply a licensed physician to provide the medical oversight and any services requiring a licensed physician. The licensed physician will herein be referred to as the “Medical Director”.

1.3. The services performed by Hawthorne, the discipline of Hawthorne employees, and other matters incident to Hawthorne’s performance of supplemental services, DocuSign Envelope ID: 55E01433-BE54-4456-A326-F44C852EF7ED 2 including the control of its employees, shall remain with Hawthorne and shall be performed pursuant to Hawthorne’s Police Department’s policies and procedures.

Manhattan Beach agrees to cooperate in any investigation initiated by Hawthorne related to the services performed by Hawthorne under this Agreement, the discipline of Hawthorne employees, or other matters incident to Hawthorne’s performance of supplemental services under this Agreement.

1.4. Under no circumstances shall Hawthorne’s inability or failure to provide the above services because of a “Force Majeure Event” constitute a breach of this Agreement. A “Force Majeure Event” includes, but is not limited to, any fire, flood, act of God (earthquake, tsunami, volcanic eruption, hurricane, tornado, lightning, etc.), governmental action, or acts or threats of the following: terrorism, epidemic, pandemic, viral outbreak, war, revolution, natural disaster, riot, strike, lockdown, or any event beyond Hawthorne’s reasonable control, or that makes performance inadvisable, impracticable, illegal or impossible in Hawthorne’s determination.

1.5. In consideration of the above, Manhattan Beach agrees to do the following:

1.5.1. Make available to Hawthorne any currently existing documents, data, or information required for the performance of the services listed in Exhibit A, “Scope of Services.

1.5.2. Designate a representative authorized to act on behalf of Manhattan Beach with respect to Hawthorne’s medical oversight.

1.5.3. Promptly examine and render findings on all documents submitted by Hawthorne for staff review by Manhattan Beach.

1.5.4. Manhattan Beach will provide an adequate classroom sufficient to provide quality instruction.

1.5.5. Manhattan Beach will have the option of storing the educational documents and any QI/QA files at a designated locked storage location of their choice.

1.5.6. Manhattan Beach has the option of designating a representative to work in a collaborative role with the Hawthorne Medical Director in order to gain experience and knowledge in emergency medical services / tactical medicine.

2. Cost Reimbursement. Manhattan Beach will compensate Hawthorne for the services performed in an amount not to exceed $23,000 a year. Hawthorne shall deliver to Manhattan Beach a written estimate of costs for providing services. Hawthorne will invoice Manhattan Beach for the services within thirty (30) days following the completion of each month when services were provided or performed. Manhattan Beach will pay any undisputed amount within DocuSign Envelope ID: 55E01433-BE54-4456-A326-F44C852EF7ED 3 thirty (30) days of receipt of the invoice. The invoice and payment shall each be delivered pursuant to the Notice requirements in Section 8.

3. Term of Agreement. This Agreement is effective upon execution by both Parties and shall remain in effect for two years.

4. Status of the Parties. Hawthorne is acting as an independent contractor and its employees, subcontractors, and agents are not employees, officers, agents, or partners of Manhattan Beach by virtue of this Agreement or by providing the services under this Agreement.

Each Hawthorne employee shall remain in the employ of and under the control of Hawthorne, and Manhattan Beach shall have no liability to Hawthorne for any compensation or benefits of any Hawthorne employee, including but not limited to workers’ compensation coverage, in connection with the performance of duties or services for Manhattan Beach.

Hawthorne and its employees, subcontractors, and agents shall perform the services and obligations under this Agreement according to Hawthorne’s own means and methods of work which shall be in the exclusive charge and under the control of Hawthorne, and which shall not be subject to control or supervision by Manhattan Beach except as to the results of the work.

5. Official Status of Hawthorne Officers and Employees. For the purpose of performing services and functions pursuant to this Agreement and only for the purpose of giving official status and authority to the performance thereof, and not to establish an agency or employment relationship, medically trained Hawthorne employees have the authority to assist and provide the services listed in the contract.

6. Modification. This Agreement may be modified or amended only by a written agreement executed by both of the Parties.

7. Assignment. The Parties understand that their unique status as public entities is the sole inducement for each to enter into this Agreement. For this reason, the Parties agree that they will not assign or transfer any portion of or interest in this Agreement. Any attempt to assign or transfer any portion of this Agreement will be void.

8. Notices. All notices required by this Agreement must be in writing and will be deemed served when delivered personally, by email, or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:

CITY OF MANHATTAN BEACH:

Chief of Police
420 15th Street
Manhattan Beach, CA 90266
Email: [email protected]
CITY OF HAWTHORNE:

City Manager
4455 W. 126th Street
Hawthorne, CA 90250
Email: [email protected]
DocuSign Envelope ID: 55E01433-BE54-4456-A326-F44C852EF7ED 4 9. California Law. This Agreement shall be construed in accordance with the laws of the State of California.

10. Insurance. Hawthorne maintains sufficient liability coverage against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the services by Hawthorne or Hawthorne’s agents, representatives, and employees for the duration of this Agreement. Hawthorne shall furnish Manhattan Beach with original certificates or a letter of self-insurance to satisfy the insurance coverage required herein. Hawthorne must obtain insurance that, at a minimum, meets the requirements for insurance as set forth below:

10.1 The City of Hawthorne is a self-insured public entity with a self-insured retention limit of $500,000.00. An excess liability policy is provided through the Independent Cities Risk Management, 18201 Von Karman, Suite 200, Irvine, CA 92612, (949) 349- 9882, in the amount of $3,000,000.00.

10.2 Workers Compensation Insurance. Hawthorne shall maintain workers compensation insurance as required by the State of California, with a limit of no less than $1,000,000 per accident for bodily injury or disease.

11. Indemnification.

11.1 In contemplation of the provisions of Section 895.2 of the California Government Code imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement, each of the Parties to this Agreement, to the maximum extent permissible by law, will assume the full liability imposed upon it or any of its officers, agents or employees for injury caused by any act or omission occurring in each Party’s performance of this Agreement to the same extent that such liability would be imposed in the absence of Section 895.2. To achieve such purpose, and pursuant to Government Code Section 895.4, each of the Parties indemnifies and holds harmless the other Party for any liability, cost or expense, as described below.

11.2 The City of Manhattan Beach shall indemnify and hold harmless the City of Hawthorne and its officers, agents and employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, by reason of or arising out of any act or omission of the City of Manhattan Beach, its officers, agents and employees, or any of them, in the performance of this Agreement. In the event that any such suit based upon such claim, action, loss or damage is brought against the City of Hawthorne, the City of Manhattan Beach shall defend the same at its sole cost and expense; provided, that the City of Hawthorne reserves the right to participate in such suit if any principle of government law is at issue. If final judgment in such suit be rendered jointly against the City of Hawthorne and the City of Manhattan Beach and their respective officers, agents and employees, or any of them, and the City of Manhattan Beach is held solely liable, the City of Manhattan Beach shall satisfy the same. If both the City of Hawthorne and the City of Manhattan Beach are DocuSign Envelope ID: 55E01433-BE54-4456-A326-F44C852EF7ED 5 held liable for each Party’s respective act or omission, each agrees to pay its pro rata share based on its percentage of fault, in satisfaction of the judgment.

In executing this Agreement, the City of Manhattan Beach does not assume liability or responsibility for or in any way release the City of Hawthorne from any liability or responsibility which arises in whole or in part from the existence or effect of City of Hawthorne policies, procedures, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such City of Hawthorne policy, procedure, rule or regulation is principally at issue, the City of Hawthorne shall defend the same at its sole expense and if judgment is entered or damages are awarded against the City of Hawthorne, the City of Manhattan Beach or both, the City of Hawthorne shall satisfy the same, including all chargeable costs and attorney's fees.

11.2 The City of Hawthorne shall indemnify and hold harmless the City of Manhattan Beach and its officers, agents and employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, by reason of or arising out of any act or omission of the City of Hawthorne, its officers, agents and employees, or any of them, in the performance of this Agreement. In the event that any suit based on such a claim, action, loss or damage is brought against the City of Manhattan Beach, the City of Hawthorne shall defend the same at sole costs and expense; provided that the City of Manhattan Beach retains the right to participate in said suit if any principle of government law is at issue. If final judgment in such suit be rendered jointly against the City of Manhattan Beach and the City of Hawthorne and their respective officers, agents and employees, or any of them, and the City of Hawthorne is held solely liable, the City of Hawthorne shall satisfy the same. If both the City of Hawthorne and the City of Manhattan Beach are held liable for each Party’s respective act or omission, each agrees to pay its pro rata share based on its percentage of fault, in satisfaction of the judgment.

In executing this Agreement, the City of Hawthorne does not assume liability or responsibility for or in any way release the City of Manhattan Beach from any liability or responsibility which arises in whole or in part from the existence or effect of City of Manhattan Beach policies, procedures, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such City of Manhattan Beach policy, procedure, rule or regulation is principally at issue, the City of Manhattan Beach shall defend the same at its sole expense and if judgment is entered or damages are awarded against the City of Manhattan Beach, the City of Hawthorne or both, the City of Manhattan Beach shall satisfy the same, including all chargeable costs and attorney's fees.

12. Preservation of Agreement. In the event that any one or more provisions of this Agreement shall be declared to be illegal, invalid, unenforceable, and/or void by a court of DocuSign Envelope ID: 55E01433-BE54-4456-A326-F44C852EF7ED 6 competent jurisdiction, such provision or portion of this Agreement shall be deemed to be severed and deleted from this Agreement but this Agreement shall in all other respects remain unmodified and continue in force and effect.

13. Termination of Agreement. This Agreement may be terminated by either Party upon thirty (30) days written notice to the other Party pursuant to the Notice requirements in Section 8.

In the event of termination, the City of Hawthorne shall be paid for any work performed on and prior to the date of termination.

14. Entire Agreement. This Agreement contains all of the terms and conditions agreed upon by the Parties hereto regarding the subject matter of this Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter herein. Each Party to this Agreement acknowledges that representations by any party not embodied herein, and any other agreements, statements, or promises concerning the subject matter of this Agreement, not contained in this Agreement, are not valid and binding.

Any modification of this Agreement will be effective only if it is in writing signed by both of the Parties. Any issue with respect to the interpretation or construction of this Agreement is to be resolved without resorting to the presumption that ambiguities should be construed against the drafter.

15. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition of this Agreement.

16. Discrimination. Hawthorne may not discriminate in the provision of services hereunder because of race, color, religious creed, national origin, ancestry, sex, gender, gender identity, gender expression, age (40 and over), sexual orientation, marital status, medical condition, disability, genetic information, military and veteran status, or any other basis protected by law.

17. Nuisance. Hawthorne may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.

18. Dispute Resolution. The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiations between the Parties’ authorized representatives or their designee(s). The authorized representatives for each Party are:

CITY OF MANHATTAN BEACH:

Chief of Police Rachel Johnson
420 15th Street, Manhattan Beach, CA
[email protected]
CITY OF HAWTHORNE:

Chief of Police Gary Tomatani
12501 Hawthorne Blvd, Hawthorne, CA
[email protected]
The disputing Party shall give the other Party’s authorized representative written notice of any dispute. Within twenty (20) days after delivery of such notice, unless the Parties’ authorized representatives agree to an extension of time to meet beyond such deadline, the authorized representatives shall meet at a mutually acceptable time and place, and thereafter as often as they DocuSign Envelope ID: 55E01433-BE54-4456-A326-F44C852EF7ED 7 reasonably deem necessary to exchange information and to attempt to resolve the dispute. If the matter has not been resolved within thirty (30) days of the first meeting, any Party may initiate a nonbinding mediation of the dispute. The mediation shall be facilitated by a mediator that is acceptable to both Parties and shall conclude within sixty (60) days of its commencement, unless the Parties agree to extend the mediation process beyond such deadline. Upon agreeing on a mediator, the Parties shall enter into a written agreement for the mediation services with each Party paying a pro rata share of the mediator’s fee, if any. Each Party shall bear its own legal fees and expenses. If, after good faith efforts to mediate a dispute the Parties cannot agree to a resolution of the dispute, any Party may pursue whatever legal remedies may be available to it at law or in equity, before a court of competent jurisdiction and with venue in Los Angeles County.

19. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.

20. Third Party Beneficiaries. This Agreement shall not be construed as an attempt to create a third party beneficiary contract. This Agreement is for the sole benefit of its Parties; no other person or entity shall benefit from its terms.

21. Counterparts. This Agreement may be executed in any number or counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument executed on the same date. A photocopy or facsimile transmission of the Agreement, including signatures, shall be deemed to constitute evidence of the Agreement having been executed.

22. Recitals. The Parties agree the Recitals are true, and are incorporated in this Agreement by this reference as though fully set forth.

DocuSign Envelope ID: 55E01433-BE54-4456-A326-F44C852EF7ED 8 IN WITNESS THEREOF, the Parties hereto have executed this Agreement on the day and year first shown above.

CITY OF MANHATTAN BEACH CITY OF HAWTHORNE
_____________________________ _____________________________ Bruce Moe Vontray Norris
City Manager City Manager
ATTEST: ATTEST:
____________________________
Liza Tamura, City Clerk City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:

Robert Kim, City Attorney
By: _______________________ By: _______________________ Quinn Barrow, City Attorney

APPROVED AS TO FISCAL
By: ________________________
Julie Bondarchuk, Acting Finance Director

APPROVED AS TO CONTENT
By: ________________________
Rachel Johnson, Chief of Police
DocuSign Envelope ID: 55E01433-BE54-4456-A326-F44C852EF7ED 8/16/2023
8/23/2023
8/24/2023
8/28/2023
8/28/2023
9 EXHIBIT A

SCOPE OF SERVICES
The City of Hawthorne, through its Police Department and its Medical Director, agrees to provide the City of Manhattan Beach with the following services:

1. Act as liaison to the county and state Law Enforcement and EMS agencies, advocating for the City of Manhattan Beach Police Department while keeping it current with policy change related to medical services and training.

2. Serve as the Drug Authorizing Physician for the City of Manhattan Beach Police Department, utilizing the Medical Director’s medical license and DEA number to purchase drugs, medical devices, and controlled substances as necessary.

3. Provide medical consultation and guidance if requested by the City of Manhattan Beach Police Department.

4. Assist the City of Manhattan Beach Police Department in maintaining written policies for CPR, First Aid, AED, Narcan, and other medical programs as applicable.

5. Routinely meet with the EMS and medical community to ensure that the practices of the City of Manhattan Beach Police Department and its personnel are satisfactorily meeting their needs relative to the administration of medical treatment and to foster mutual cooperation.

6. Develop and maintain standard policies and procedures to provide optimal first responder medical care to the local community.

7. Work with the City of Manhattan Beach training bureau to provide training and continuing education, including annual CPR training.

8. Oversight of quality assurance and quality improvement programs.

9. File and maintain necessary authorizations with the Los Angeles County EMS agency for Narcan, AED, Nasopharyngeal Airway optional skill programs if desired by the City of Manhattan Beach Police Department.

DocuSign Envelope ID: 55E01433-BE54-4456-A326-F44C852EF7ED 10 The specific role and responsibilities of the Medical Director from the City of Hawthorne include the following:

1. Medical Direction and Supervision of Patient Care, including:

A. Advises the City of Manhattan Beach Police Department in planning and evaluating the delivery of medical care by police officers.

B. Reviews and approves the medical content of first responder training performed by the City of Manhattan Beach Police Department and ensures compliance with continuing education requirements of the State and local EMS agency.

C. Reviews and approves the medical components of the City of Manhattan Beach Police Department’s dispatch system.

D. Assists in the development of procedures to optimize medical care.

E. Reviews and recommends to the City of Manhattan Beach Chief of Police any new medical devices or procedures under consideration and ensures compliance with State and local regulation.

F. Evaluates compliance with the legal documentation requirements for medical treatment delivered by police officers.

G. Participates in direct observation of field responses as needed.

H. Participates as needed with appropriate law enforcement and EMS committees and the local medical community.

I. Ensures the City of Manhattan Beach Police Department’s compliance with medical equipment maintenance requirements.

2. Auditing and Evaluation of Patient Care, including:

A. Assists the City of Manhattan Beach Police Department in the development and implementation of a continuous quality improvement program to ensure the provision of quality medical care. Provides recommendations for training and operational changes based on quality improvement results.

B. Evaluates the adherence of the City of Manhattan Beach Police Department personnel to medical policies, procedures and protocols of the Los Angeles County EMS Agency as well as POST regulations.

DocuSign Envelope ID: 55E01433-BE54-4456-A326-F44C852EF7ED 11 C. Coordinates delivery and evaluation of patient care with local receiving fire departments and hospitals.

3. Investigation of Medical Care Issues, including:

A. Reviews incidents where medical treatment was administered with unusual or adverse outcomes.

B. Evaluates medical performance, gathers appropriate facts and, as needed, forwards those facts in writing to the City of Manhattan Beach Chief of Police.

C. Ensures that appropriate actions are taken on cases with patient care issues with adverse outcomes, e.g., training, counseling, etc.

DocuSign Envelope ID: 55E01433-BE54-4456-A326-F44C852EF7ED

AGENDA ITEM NO. 34

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of September 12, 2023
Originating Department: Planning
City Manager: __________
Vontray Norris
Dir. of Planning: ___________
Gregg McClain
SUBJECT:

Report on status of short-term rental monitoring and compliance program RECOMMENDED MOTION:

Staff Recommends that the City Council receive and file DISCUSSION:

The attached report describes actions taken by staff to engage a consultant to monitor and administer the City’s short-term rental program.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

Goal 2: Develop revenue generating programs and adjust fees FISCAL IMPACT:

The funds required for this project are available in the current fiscal year's adopted budget NOTICING PROCEDURES:

None
ATTACHMENT(S):

1. Memorandum

2. GovOS Proposal
Hawthorne, California
Department of Planning and Community Development
4455 W. 126th Street. Hawthorne, California, 90250  310-349-2970  www.cityofhawthorne.org September 6, 2023
To: City Council
From: Gregg McClain, Director of Planning & Community Development Re: Short-term rental (STR) monitoring and program implementation On June 29, 2023, the City entered in to an agreement with GovOS of Austin, TX to perform the following tasks for and on behalf of the City:
● Monitoring of new short-term rental activity in the City. ● Ongoing compliance identification and monitoring of short-term rentals ● Web-based registration and reporting portal
● Automated renewal processing—permit and license
● Automated Transient Occupancy Tax (TOT) calculation and collection ● Automatic reminders for reporting and tax payments
● Webpage maintenance and support
● Unlimited support for staff and hosts
● Staff access to reporting functions, cashiering, notifications, etc.

GovOS uses their staff and software to monitor continuously STR activity within the City on multiple hosting platforms, covering about 98% of listings. Listings identified as originating from hosts not having a current permit and business license from the City are flagged and notices are automatically sent to the host informing them of their need to obtain the permit and business license. GovOS is creating a webpage for the City that will allow hosts to register and pay the fees, which are then transmitted to the City with all the necessary information to properly credit the hosts’ accounts. The monitoring function is ongoing for the term of the engagement. Renewal notices are generated automatically and handled through the same website.

Implementation of the program began in July with staff providing GovOS with GIS, licensing, and electronic payment data to initiate the setting up of the webpage and program protocols. We are currently in the second phase of the setup, in which GovOS builds the software infrastructure for the program. The last two phases will involve testing and training of staff. The go-live date is expected before December of this year.

The annual cost of this program is $24,550. This is to be offset by improved compliance with the City’s regulations and accompanying revenue from licensing and permit fees, as well as TOT. The program and consulting agreement will be re-evaluated annually.

The GovOS proposal is attached and explains some aspects of the services provided in more detail.

AGENDA ITEM NO. 35

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of September 12, 2023
Originating Department: Police - Operations
City Manager: __________
Vontray Norris
Chief of Police: ___________
Gary Tomatani
SUBJECT:

Approve agreement between the City of Hawthorne and The Lovejoy Foundation for Animal Sheltering Services.

RECOMMENDED MOTION:

Staff recommends that the City Council approve an agreement with The Lovejoy Foundation, to provide animal sheltering services for the City of Hawthorne, appropriate $72,000.00 from the General Fund to the Animal Service Account (100-2101-230-00-40514) to cover the increase in costs of the agreement, and authorize the City Manager to execute the agreement any and all amendments thereto.

DISCUSSION:

In 2014, the City of Hawthorne entered into an agreement with SPCALA for animal sheltering services. Since then, the monthly cost of sheltering services had steadily increased.

In 2020, the Hawthorne Police Department identified The Lovejoy Foundation as a more cost effective vendor to provide animal sheltering services to the City of Hawthorne. The Lovejoy Foundation, although not in the City limits, is local (Inglewood, CA), and has provided sufficient sheltering services. The Lovejoy Foundation has provided an opportunity for the City’s animal control program to have more control over intake procedures during normal business hours.

The Lovejoy Foundation has continued to provide exceptional services to the City of Hawthorne and our Animal Services Program. The prior agreement with Lovejoy expired June 30th, 2023 and the Hawthorne Police Department has been in negotiations with the Lovejoy Foundation to continue services.

The proposed agreement with the Lovejoy Foundation still represents the most cost-effective vendor available for Animal Shelter Services. The proposed costs have increased due to the Covid-19 Pandemic and inflation. The prior agreement was $120,000 annually. The Lovejoy Foundation has admitted that they grossly underbid the prior agreement based on the increase in expenses due to inflation. The Lovejoy Foundation has agreed to a three-year $192,000 annual contract. The annual increase of $72,000 for the proposed agreement was not budgeted for in FY 23/24 and will need to be added to the Animal Service Account, 100-2101-230-00-40514.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

Continue providing animal shelter services and animal control services for residents of City of Hawthorne.

FISCAL IMPACT:
$72,000 from the City’s general fund.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. Agreement with The Lovejoy Foundation

AGENDA ITEM NO. 36

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of September 12, 2023
Originating Department: City Manager
City Manager: _______________
Vontray Norris
SUBJECT:

City Hall Renovation Project
RECOMMENDED MOTION:

Staff Recommends that the City Council approve further feasibility and design study by the staff.

DISCUSSION:

In May 2023, the City engaged LFA Nakada + OotDL the Architectural Firm, to assist with the proposed renovation of the 1950’s City Hall. The firm was charged with completing an assessment of the facility and to develop preliminary conceptual designs. The report produced detailed the building’s current condition and originally presented these options for the scope of work.
• Parking Structure - 239 Spaces for City Hall, Police Station and Events • City Hall Expansion - New Council Chambers, 20,000 sf. additional office space, Seismic Upgrade
• Public Hall - Retail / Restaurant space
• New City Park - Event Space for concerts, movies, festivals for up to 3,500 people • Façade Improvement to City Hall
Renovating a City Hall is not just about replacing an old building with a new one. In the process, local governments can improve the way the City can conduct day to day business. The attached conceptual design will establish a new communication tool that will allow staff to work more efficiently and effectively. The conceptual design will increase the overall customer service experience and the operational functionality of the City.

At this time staff is requesting permission to study the feasibility and design of this potential project.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

1.1 Make ED part of every City decision. Will include alignment of Capital Improvement Plan (CIP) to ED goals and identify goals and objectives of this plan on CC agenda items.

FISCAL IMPACT:

Potential Cost for Consultant Within the City Manager’s Budget/Authority as Needed NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. None
1 AGENDA ITEM NO.

CITY OF HAWTHORNE

CITY COUNCIL

AGENDA BILL
For the meeting of September 12, 2023
Originating Department: Police Department
City Manager: ____________________ Chief of Police: ____________________ Vontray Norris Gary Tomatani
SUBJECT:

Adoption of $560,350.68 in unclaimed currency to be deposited into the City’s general fund, and the appropriation of that same amount, $560,350.68, to the Police Department’s Contract Services Budget, 100-2101-000-0-0-40514; and
Approval of the use of said adopted funds for the following:

1. Approval of Purchase Order, not to exceed of $117,500.00 to the Hawthorne School District to co-establish a Crossing Guard Program with the Hawthorne School District with All City Management Services (ACMS); and

2. Approve an Agreement between the Hawthorne Police Department and Axon Enterprise, Inc. for a five (5) year contract for Police Body Cameras, in-car Police Vehicle Camera System, and Drone Camera Integration, in the amount of $1,350,429.91; and

3. Approval of Blanket Purchase Order, not to exceed $442,850.682 to Axon Enterprise, Inc for the first year of the Axon contract services.

RECOMMENDED MOTION:

Staff recommends that the City Council approve the adoption of $560,350.68 in unclaimed currency, to be deposited into the City’s general fund, and approve an appropriation of this adopted currency to the Police Department’s contract services budget (100-2101-000-0-0- 40514).

Staff recommends that the City Council approve the use of the appropriated funds for the following purposes:
2 1. A purchase order not to exceed $117,500.00 to the Hawthorne School District for the co-establishment of a pilot Crossing Guard Program with the Hawthorne School District and All City Management Services.

2. A contract with Axon Enterprise, Inc. for police body cameras, in-car police vehicle camera system, and drone camera integration in the amount of $1,350,429.91 for the five-year term of the agreement.

3. A blanket purchase order not to exceed $442,350.68 to Axon Enterprise, Inc for the first year of the Axon contract services, and majority of the second year costs.

DISCUSSION:

A. The Funds Are Available for Adoption
Currency Adoption: Government Code Sections 50050 - 50057 specify that unclaimed funds, which have been under the official custody of local agency officers for a span of three years, will be transitioned to the ownership of the agency. In accordance with these regulations, any individual item or funds with a value of $15.00 or more necessitates a public notice declaring that the money will become municipal property on a designated date if left unclaimed.

Additionally, if these funds remain unclaimed for 45 days following the initial notification, they are eligible for transfer to the municipality's general fund. The Police Department has confirmed these funds have been in the Police Department’s possession for a minimum of three years, and the Department has adhered to the requirement of public notices on June 20, 2023, June 27, 2023, July 28, 2023, and August 4, 2023. The funds are available for adoption in the general fund on September 11, 2023. The Police Department requests the City Council approve the adoption of $560,453.72 in unclaimed currency to the City’s general fund, and approve an appropriation of this adopted currency to the Police Department’s contract services budget (100- 2101-000-0-0-40514). The Hawthorne Police Department requests appropriation and authorization to use the adopted currency to fund two projects.

B. Crossing Guard Program
The Hawthorne Police Department would like to enter into an agreement to collaborate with Hawthorne School District to create a Crossing Guard Program. The City of Hawthorne, in partnership with the Hawthorne School District, has committed to the establishment of a Crossing Guard Program, a proactive measure to ensure the safety of our community, with a particular focus on the security of school-aged children in transit to and from school. To fund this essential initiative, the city will strategically allocate $117,500.00 from the adopted currency. This will allow the City to support the Hawthorne School District in their endeavors, all the while maintaining its financial stability with no negative fiscal implications.

C. Axon Enterprise Inc. Devices and Services
The Hawthorne Police Department would like to enter into an agreement with Axon Enterprise, Inc. for police body cameras, in-car police vehicle camera system, and drone camera integration. 3 The Hawthorne Police Department has had in-car cameras since the 1990’s, which originally utilized VHS cassette tapes. The Hawthorne Police Department was one of the first police departments in Los Angeles County to implement in-car cameras in police vehicles to help with transparency in law enforcement. In 2008, the Hawthorne Police Department ungraded the in-car camera system with Panasonic Arbitrator in-car camera system which provided 360-degree camera coverage, and upgraded DVR technology. This enhanced the resolution and quality of the video provided by our car cameras. In 2020, the Hawthorne Police Department entered into an agreement with Axon Enterprises, Inc. (Axon) for police body-camera (BWC) services. This technology allowed the Police Department to have in-car camera video while officers are responding to calls for service, and body camera video while dealing with the community. These technologies have become crucial to the department as they significantly bolster the level of transparency the Hawthorne Police Department can provide, aligning with the community’s expectations.

Since entering into our original agreement with Axon, the advantages and effectiveness of the BWCs being utilized has been validated multiple times. As a result, the Department intends to expand the number of officers it can equip with BWCs by acquiring ten additional cameras. This agreement will acquire hardware identical to that provided pursuant to the original agreement, thereby making training and administration easier for staff.

Last, the in-car Panasonic Arbitrator system is “end of life” and no longer supported by the vendor. The hardware can no longer be purchased or maintained, resulting in the inability to outfit new police vehicles that come online when the older cameras fail. Axon Enterprise, Inc. provides an in-car camera system that integrates with Axon body cameras and drone video footage to provide one location of cloud-based video storage and archiving.

Entering into this agreement with Axon Enterprise, Inc. will provide an in-car camera system for all police enforcement vehicles, all parking enforcement vehicles, body-cameras for all police officers and parking enforcement officers, and drone integration for the Real Time Information Center. This agreement will ensure uninterrupted and expanded services from Axon Enterprise, Inc., which have proven essential in our mission to serve the community with effectiveness and transparency.
4 FISCAL IMPACT:

There will be no fiscal impact created by the adoption of the identified currency, the collaboration with the Hawthorne School District to establish the Crossing Guard Program, or the agreement and purchase order with Axon Enterprise, Inc.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT:

1. Proof of Public Notice to the Daily Breeze dated 6-20-23 and 6-27-23

2. Proof of Public Notice to the Daily Breeze dated 7-28-23 and 8-4-23

3. Memorandum Crossing Guard Services with All City Management Services, 2023-2024.

4. Agreement for Crossing Guard Services between the Hawthorne School District and All City Management Services Inc.

5. Axon Master Services and Purchasing Agreement

6. Agreement between City of Hawthorne and Axon Inc. in the amount of $1,351,171.01 Adoption 8/2023 (5007720) - Page 1 of 1
2615 Pacific Coast Highway #329
Hermosa Beach, California 90254
(310) 543-6635
[email protected]
City of Hawthorne
4455 W. 126th Street
Hawthorne, California 90250
Account Number: 5007720
Ad Order Number: 0011609278
Customer's Reference/PO Number:

Publication: Daily Breeze
Publication Dates: 06/20/2023 and 06/27/2023
Total Amount: $135.92
Payment Amount: $0.00
Amount Due: $135.92
Notice ID: iFz6ULDEkpkuYMyFzjge
Invoice Text: Notice: 173,740.82 unclaimed money from Hawthorne Police Department cases prior to February 4, 2017 are being held in the Property Fund. Unclaimed money will become the property of the agency August 4, 2023.

Adoption 8/2023 (5007720) - Page 1 of 1
Daily Breeze
2615 Pacific Coast Highway #329
Hermosa Beach, California 90254
(310) 543-6635
0011609278
City of Hawthorne
4455 W. 126th Street
Hawthorne, California 90250

PROOF OF PUBLICATION
(2015.5 C.C.P.)

STATE OF CALIFORNIA
County of Los Angeles
I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years,
and not party to or interested in the above-entitled
matter. I am the principal clerk of the printer of Daily Breeze, a newspaper of general circulation, printed and published in the City of Hermosa Beach*, County of Los
Angeles, and which newspaper has been adjudged a
newspaper of general circulation by the Superior Court of County of Los Angeles, State of California, under the
date of June 15, 1945, Decree No. Pomo C-606. The
notice, of which the annexed is a printed copy (set in
type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit:
06/20/2023, 06/27/2023
I certify (or declare) under the penalty of perjury that the foregoing is true and correct.

Dated at Hermosa Beach, California
On this 27th day of June, 2023.
______________________________
Signature
*Daily Breeze circulation includes the following cities: Carson, Compton, Culver City, El Segundo, Gardena, Harbor City, Hawthorne, Hermosa Beach, Inglewood, Lawndale, Lomita, Los Angeles, Long Beach, Manhattan Beach, Palos Verdes Peninsula, Palos Verdes, Rancho Palos Verdes, Rancho Palos Verdes Estates, Redondo Beach, San Pedro, Santa Monica, Torrance and
Wilmington
August 2023 Adoption (5007720) - Page 1 of 1
2615 Pacific Coast Highway #329
Hermosa Beach, California 90254
(310) 543-6635
[email protected]
City of Hawthorne
4455 W. 126th Street
Hawthorne, California 90250
Account Number: 5007720
Ad Order Number: 0011615891
Customer's Reference/PO Number:

Publication: Daily Breeze
Publication Dates: 07/28/2023 and 08/04/2023
Total Amount: $193.48
Payment Amount: $0.00
Amount Due: $193.48
Notice ID: Fu988VSLVfase0ihUsI8
Invoice Text: PUBLIC NOTICE $473,494.61 unclaimed money from Hawthorne Police Department cases prior to September 20, 2018 are being held in the Property account. Unclaimed money will become property of the agency on September 26, 2023.

August 2023 Adoption (5007720) - Page 1 of 1
Daily Breeze
2615 Pacific Coast Highway #329
Hermosa Beach, California 90254
(310) 543-6635
0011615891
City of Hawthorne
4455 W. 126th Street
Hawthorne, California 90250

PROOF OF PUBLICATION
(2015.5 C.C.P.)

STATE OF CALIFORNIA
County of Los Angeles
I am a citizen of the United States and
a resident of the County aforesaid; I
am over the age of eighteen years, and
not party to or interested in the aboveentitled matter. I am the principal clerk of the printer of Daily Breeze, a
newspaper of general circulation,
printed and published in the City of
Hermosa Beach*, County of Los
Angeles, and which newspaper has
been adjudged a newspaper of general
circulation by the Superior Court of
County of Los Angeles, State of
California, under the date of June 15,
1945, Decree No. Pomo C-606. The
notice, of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published in
each regular and entire issue of said
newspaper and not in any supplement
thereof on the following dates, to wit:
07/28/2023, 08/04/2023
I certify (or declare) under the penalty
of perjury that the foregoing is true and
correct.

Dated at Hermosa Beach, California
On this 4th day of August, 2023.
______________________________
Signature
*Daily Breeze circulation includes the following
cities: Carson, Compton, Culver City, El
Segundo, Gardena, Harbor City, Hawthorne,
Hermosa Beach, Inglewood, Lawndale,
Lomita, Los Angeles, Long Beach, Manhattan
Beach, Palos Verdes Peninsula, Palos Verdes,
Rancho Palos Verdes, Rancho Palos Verdes
Estates, Redondo Beach, San Pedro, Santa
Monica, Torrance and Wilmington
TO: Chief Gary Tomatani, Hawthorne Police Department
cc: Dr. Brian Markarian, Superintendent
FROM: Mara Pagniano, Associate Superintendent, Business Services DATE: August 31, 2023
RE: Crossing Guard Initiative - Draft Agreement with All City Management Services, Inc.

Please find attached the draft agreement with All City Management Services, Inc. regarding crossing guard services for the curent fiscal year 2023-2024.

Overview:

The safety of our students and community members is of paramount importance to HSD. As previously discussed in collaboration meetings with HPD, in order to support safe pedestrian crossings around our schools, we have been exploring options to increase the number of safe crossings. After careful consideration, we have been in discussions with All City Management Services, Inc. to provide crossing guard services within the city.

Proposed Agreement:

The attached draft agreement outlines the terms and conditions of the partnership with All City Management Services, Inc. The agreement entails the provision of crossing guard services at designated locations around our schools, contributing significantly to the safety of our students and community members during peak pedestrian hours.

Shared Cost:

For the 2023-2024 fiscal year the total agreement cost is $235,000.00. The proposed shared cost for the City of Hawthorne in this initiative is set at $117,500.00. This contribution will go towards ensuring the presence of trained crossing guards at critical crossings and maintaining a safe environment for our pedestrians.

Billing and Payment:

To facilitate the execution of this initiative, the District will take the responsibility of invoicing the city for the full contract contribution. The invoice for the crossing guard services will be sent to the city on November 30, 2023. This timeline will provide ample time for both parties to ensure proper financial planning and execution.

Next Steps:

I kindly request your review of the attached draft agreement at your earliest convenience. Should you have any questions, concerns, or suggested modifications, please do not hesitate to reach out to me.

Your dedication to the safety and well-being of our community is highly valued, and we are confident that this initiative will significantly contribute to our shared goals.

Hawthorne School District
Business Services

MEMORANDUM
1 DRAFT

AGREEMENT FOR CROSSING GUARD SERVICES
This AGREEMENT FOR CROSSING GUARD SERVICES (the “Agreement”) is dated June _, 2023 and is between the HAWTHORNE SCHOOL DISTRICT (hereinafter called the "District"), and ALL CITY MANAGEMENT SERVICES, INC., a California corporation (hereinafter called the "Contractor"). Collectively, the District and Contractor are “Parties.”

WITNESSETH
The Parties hereto mutually covenant and agree as follows:

1. This Agreement is for a period which commences November 1, 2023 and ends on June 30, 2024, and for such term thereafter as the parties may agree upon by written amendment to this contract of no more than five years at a time and as approved by the District’s board.

Service shall begin on a best availability basis until such a time as Contractor has hired, trained and deployed Crossing Guards to all sites requested when by the District. District agrees to provide site locations for Contractor to assign and deploy Crossing Guards.

2. The Contractor shall provide personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. The services of said personnel shall be compliant with California Education Code Section 45450, California Vehicle Code Section 21100, the School Area Pedestrian Safety Act (Caltrans Traffic Manual, Chapter 10) 10-

02.3, and other applicable laws. Such personnel shall be herein referred to as “Crossing Guards.” Contractor shall perform criminal background checks, confirm employment eligibility, and E-Verify all prospective personnel. The Contractor is an independent contractor and the Crossing Guards to be furnished shall at all times be its employees and not those of the District.

3. The District’s representative in dealing with the Contractor shall be designated by District.

4. The District shall determine the locations where Crossing Guards shall be furnished by the Contractor. The Contractor shall provide at each designated location personnel properly trained as herein specified for the performance of duties as a Crossing Guard. The Contractor shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times and in accordance with the terms of this Agreement.

5. The Contractor shall maintain adequate reserve personnel to furnish alternate Crossing Guards if any person fails to report for work at the assigned time and location and agrees to provide immediate replacement.
2 6. In the performance of its duties the Contractor and all employees of the Contractor shall conduct themselves in accordance with the conditions of this Agreement and all applicable California laws.

7. Persons provided by the Contractor as Crossing Guards shall be trained in all applicable California laws pertaining to general pedestrian safety in school crossing areas.

8. Crossing Guard Services (the “Services”) shall be provided by the Contractor at the designated locations on all days in which school is in session in the area under District’s jurisdiction. The Contractor also agrees to maintain communication with the designated schools to maintain proper scheduling.

9. The Contractor shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. This apparel must be appropriate for weather conditions. The Contractor shall also provide all Crossing Guards with hand-held Stop signs and any other safety equipment which may be necessary.

10. During the term of this Agreement, at the Contractor’s sole cost and expense, the Contractor agrees to procure and maintain the following insurance:
a. Commercial General Liability (“CGL”) Insurance in the minimum amount $2,000,000 per occurrence, including coverage for property damage, bodily injury, personal & advertising injury, products and completed operations, liability assumed under an insured contract (including tort of another assumed in a business contract), and independent Contractor’s liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit. The District, its officials, trustees, officers, agents, employees, volunteers, and representatives (“District Entities”) shall be named as additional insureds with respect to liability arising out of the Services performed by or on behalf of the Contractor under this Agreement. The policy shall contain a severability of interests/cross liability clause or language stating that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
b. Sexual Abuse and Molestation Insurance with at least the same limits as set forth above for the CGL coverage, covering bodily injury, emotional distress, or mental anguish related to any claim, cause of action or liability associated with child molestation or sexual abuse. District Entities must be named as additional insureds.

The coverage must contain a severability of interests/cross liability clause or language stating that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
d. Commercial Automobile Liability Insurance in the minimum amount of $1,000,000 per accident for bodily injury and property damage covering any auto, including all vehicles that are owned, non-owned, and hired and personal injury protection. If Contractor has no owned autos the policy may be limited to cover hired and non-owned 3 autos only. The policy must provide Contractual Liability coverage equivalent to that provided in the 1990 and later editions of ISO form CA 00 01. e. Workers' Compensation Insurance: Coverage must be at least as broad as that which is required by the State of California, with Statutory Limits. Contractor must also maintain Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
f. Contractor Insurance Primary: For any claims related to this Agreement, the the Contractor’s insurance coverage shall be primary insurance coverage. Any insurance or self-insurance maintained by the District Entities shall be excess of the Contractor’s insurance and shall not contribute with it.
g. Waiver of Subrogation. The Contractor hereby grants to the District Entities, a waiver of any right to subrogation which any insurer of said Contractor may acquire against the District, its board of trustees, officials, employees, volunteers, and agents by virtue of the payment of any loss under such insurance. Contractor shall obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the District, its board of trustees, officials, employees, volunteers, and agents have received a waiver of subrogation endorsement from the insurer.
h. Acceptability of Insurers. Unless otherwise acceptable to the District , all insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best’s rating of no less than A:VII, or approved by the Surplus Lines Association to do business in California.
i. Verification of Coverage. The Contractor shall furnish the District with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this Agreement. All certificates and endorsements are to be received and approved by the District before commencement of the Services.

However, failure to obtain the required documents prior to the commencement of Services shall not waive the Contractor’s obligation to provide them. The District reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. j. Waivers, Modifications, or Changes. Any modification or waiver of the insurance requirements herein shall be made only with the written approval of the District. Not more frequently than annually, if in the opinion of District the amount of the foregoing insurance coverages is not adequate or the type of insurance or its coverage adequacy is deemed insufficient, Contractor shall amend the insurance coverage as required by the District.

11. To the fullest extent allowed by California law, the Contractor shall defend, indemnify, and hold District, its officials, trustees, officers, agents, employees, volunteers, and representatives (“Indemnitees”) harmless from any and all claims, demands, negligence (including the active or passive negligence of Indemnitees as allowed by law), causes of action, costs, expenses, liabilities, losses, damages (including attorney’s fees and other related costs and expenses), injuries, fines, and penalties, whether in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, which in any way arise, in whole or in part, from: 1) any acts, omissions, negligence or willful misconduct of the Contractor or anyone acting behalf of the Contractor, 2) the performance the Crossing Guard Services or work by the Contractor or anyone acting on behalf of the Contractor, or 3) the Contractor’s breach of this Agreement. The only limitations on this provision shall be those imposed by law, including Civil Code § 2782, if applicable. The Contractor’s 4 defense obligations (with counsel approved by District), shall arise immediately upon tender of any Indemnitee, notwithstanding whether liability is, can be, or has yet been established. This section shall survive the termination of this Agreement.

12. Mandatory Reporter Requirements: The Contractor acknowledges and understands that, pursuant to California Penal Code section 11165.7, each person whose duties under the Services include contact and supervision of children is a mandatory reporter of known or suspected instances of child abuse or neglect. The Contractor is responsible for ensuring that every mandatory reporter takes the Child Abuse Mandated Reporter Educators Training Module within six weeks of hire and annually thereafter within the first six weeks of each school year. The Contractor shall ensure that each mandatory reporter executes an Employee Acknowledgement Form and a Suspected Child Abuse Reporting Acknowledgement Form. The Contractor will provide copies of each of these signed forms for each mandatory reporter to the District within six weeks of the hire of the mandatory reporter and annually.

13. Unsupervised Contact: “Unsupervised contact” with students means contact that provides the person opportunity and probability for personal communication or touch with students when not under direct District supervision. The Contractor shall ensure that Contractor and Contractor’s officers, employees, and agents will have no direct, unsupervised contact with students while on District property. The Contractor will work with District to ensure compliance with this requirement. If the Contractor is unable to ensure through a security plan that none of its personnel, will have direct, unsupervised contact with students in a particular circumstance or circumstances, then the Contractor shall notify District before beginning any work that could result in such contact. In addition to any Background Check Requirements as set forth above, the Contractor authorizes District, at its discretion, to obtain information about Contractor and its history and to independently conduct its own criminal background check, including fingerprinting, of any Contractor officers, employees, or agents who may have unsupervised contact with students. Contractor shall cause its personnel, to authorize District to conduct these background checks. Unless otherwise required by law, the Contractor shall pay all fees for processing the background check. District may deduct the cost of such fees from a progress or final payment to Contractor under this Agreement, unless Contractor elects to pay such fees directly.

14. Either party shall have the right to terminate this Agreement by giving sixty (60) days written notice to the other party.

15. The Contractor shall not have the right to assign this Agreement to any other person or entity except with the prior written consent of the District.

16. The District agrees to pay the Contractor for the Services rendered pursuant to this Agreement the sum of Thirty-two Dollars and Sixty-four Cents ($32.64) per hour, per Crossing Guard during the term. Based on a minimum of ten (10) sites and upon a projected (7,200) hours of service the cost shall not exceed Two Hundred Thirty-five Thousand, Eight Dollars ($235,008.00) per year, unless Contractor fails to perform service. The Contractor shall cooperate with the District in providing appropriate documentation and certifications if District seeks to obtain reimbursement for Services rendered pursuant to Education Code Section 45451 from funds collected pursuant to Sections 42200 and 42201 of the Vehicle Code.
5 17. Payment is due within thirty (30) days of receipt of Contractor’s properly prepared invoice.

18. Contractor may request a price increase during the term as a result of any legally-mandated increases in wages or benefits imposed in the state or municipality in which the Services are to be performed and to which Contractor’s employees would be subject. Contractor shall provide District with 60 days-notice of its request to increase pricing. District agrees to review and respond to said notice within 30 days of receipt.

19. The District shall have an option to renew this Agreement. In the event this Agreement is extended beyond the end of the term set forth above, the compensation and terms for the Services shall be established by mutual consent of both parties.

20. This Agreement constitutes the complete and exclusive statement of the agreement among the parties with respect to the subject matter hereof and supersedes all prior written or oral statements among the parties, including any prior statements, warranties, or representations. This Agreement is binding upon and will inure to the benefit of the parties hereto and their respective heirs, administrators, executors, successors, and assigns. Each party hereto agrees that this Agreement will be governed by the law of the state in which the Services are to be performed, without regard to its conflicts of law provisions. Any amendments, modifications, or alterations to this Agreement must be in writing and signed by all parties. There will be no presumption against any party on the ground that such party was responsible for preparing this Agreement or any part of it. Each provision of this Agreement is severable from the other provisions. If any provision of this Agreement is declared invalid or contrary to existing law, the inoperability of that provision will have no effect on the remaining provisions of the Agreement which will continue in full force and effect.
[SIGNATURES FOLLOW ON NEXT PAGE]
6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year written below.

DISTRICT CONTRACTOR

Hawthorne School District All City Management Services, Inc.

By________________________________ By______________________________ Dr. Brian Markarian, Superintendent D. Farwell, Corporate Secretary Date____________________________ Date____________________________ Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 19.0
Release Date: 8/18/2023 Page 1 of 29
This Master Services and Purchasing Agreement ("Agreement") is between Axon Enterprise, Inc. ("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 will govern 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. Axon-manufactured Devices are a subset of Axon Devices.

1.3. "Quote" means an offer to sell and is only valid for devices and services on the offer at the specified prices.

Any inconsistent or supplemental 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 Quote 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 or TASER 10 plans begin on the date stated in the Quote. Each subscription term ends upon completion of the subscription stated in the Quote ("Subscription Term").

2.2. Upon completion of the Subscription Term, the Subscription Term will automatically renew for an additional 5 years ("Renewal Term"). For purchase of TASER 7 or TASER 10 as a standalone, Axon may increase pricing to its then-current list pricing for any Renewal Term. For all other purchases, Axon may increase pricing on all line items in the Quote by up to 3% at the beginning of each year of the Renewal Term. New devices and services may require additional terms. Axon will not authorize services until Axon receives a signed Quote or accepts a purchase order, whichever is first.

3. Payment. Axon invoices upon shipment, or on the date specified within the invoicing plan in the Quote. Payment is due net 45 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 FOB destination via common carrier and title and risk of loss pass to the Agency upon delivery from 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. Axon warrants that Axon-manufactured Devices are free from defects in workmanship and materials for one (1) year from the date of Agency’s receipt, except Signal Sidearm and Axon-manufactured accessories, which Axon warrants for thirty (30) months and ninety (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 one- (1-) year hardware warranty through the extended warranty term.

7.2. Disclaimer. All software and Axon Cloud Services are provided "AS IS," without any warranty of any Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 19.0
Release Date: 8/18/2023 Page 2 of 29
kind, either express or implied, including without limitation the implied warranties of merchantability, Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 19.0
Release Date: 8/18/2023 Page 3 of 29
fitness for a particular purpose and non-infringement. Axon Devices 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.

7.3. 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 Axonmanufactured 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) ninety (90) days from the date of repair or replacement.

7.3.1. If Agency exchanges an Axon 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.

7.4. 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.

7.5. 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.

7.5.1. 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. Agency confirms and agrees that, in deciding whether to sign this Agreement, it has not relied on any statement or representation by Axon or anyone acting on behalf of Axon related to the subject matter of this Agreement that is not in this Agreement.

7.5.2. 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 $2,000,000 . Neither Party will be liable for 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 against the other Party to this Agreement.

7.6. 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.

7.7. 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-termsand-conditions, if any.

7.8. 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 any Releasees or otherwise. Agency agrees not to make or bring any such claim against any Releasee, and forever release and discharge all 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, Master Services and Purchasing Agreement for Agency
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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 for the performance of Services described in the SOW.

Additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. The SOW is incorporated into this Agreement by reference.

9. Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings.

10. Design Changes. Axon may make design changes to any Axon Device or Service without notifying Agency or making the same change to Axon Devices and Services previously purchased by Agency.

11. Bundled Offerings. Some offerings in bundled offerings may not be generally available at the time of Agency’s purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to a delay of availability or Agency’s election not to utilize any portion of an Axon bundle.

12. Insurance. Axon will maintain General Liability, Workers’ Compensation, and Automobile Liability insurance. Axon will provide certificates of insurance upon final execution of the Agreement.

13. IP Rights. Axon owns and reserves all right, title, and interest in Axon-manufactured Devices and Services and suggestions to Axon, including all related intellectual property rights. Agency will not cause any Axon proprietary rights to be violated.

14. IP Indemnification. Axon will indemnify Agency against all claims, losses, and reasonable expenses from any thirdparty claim alleging that the use of Axon-manufactured Devices or Services infringes or misappropriates the thirdparty’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 Axonmanufactured Devices and Services in combination with hardware or services not approved by Axon; (c) use of Axon Devices and Services other than as permitted in this Agreement; or (d) use of Axon software that is not the most current release provided by Axon.

15. Agency Responsibilities. Agency is responsible for (a) Agency’s use of Axon Devices; (b) breach of this Agreement or violation of applicable law by Agency or an Agency end user; (c) disputes between Agency and a third-party over Agency’s use of Axon Devices; (d) ensuring 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.

16. Termination.

16.1. For Breach. A Party may terminate this Agreement for cause if it provides thirty (30) days written notice of the breach to the other Party, and the breach remains uncured at the end of thirty (30) days. If Agency terminates this Agreement due to Axon’s uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination.

16.2. By Agency. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Agency may terminate this Agreement. Agency will deliver notice of termination under this section as soon as reasonably practicable.

16.3. Effect of Termination. Upon termination of this Agreement, Agency rights immediately terminate. Agency remains responsible for all fees incurred before the effective date of termination. If Agency purchases Axon Devices for less than the manufacturer’s suggested retail price ("MSRP") and this Agreement terminates before the end of the Term, Axon will invoice Agency the difference between the MSRP for Axon Devices received, including any Spare Axon Devices, and amounts paid towards those Axon Devices. Only if terminating for nonappropriation, Agency may return Axon Devices to Axon within thirty (30) days of termination. MSRP is the standalone price of the individual Axon Device at the time of sale. For bundled Axon Devices, MSRP is the standalone price of all individual components.

17. Confidentiality. "Confidential Information" means nonpublic information designated as confidential or, given the nature of the information or circumstances surrounding disclosure, should reasonably be understood to be confidential. Each Party will take reasonable measures to avoid disclosure, dissemination, or unauthorized use of the other Party’s Confidential Information. Unless required by law, neither Party will disclose the other Party’s Confidential Information during the Term and for five (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.

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18. General.

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

18.2. Independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties.

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

18.4. Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law.

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

18.6. Assignment. Neither Party may assign this Agreement without the other Party’s prior written consent. Axon may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets.

This Agreement is binding upon the Parties respective successors and assigns.

18.7. Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a complete waiver of that right for any purpose intended herein.

18.8. Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect.

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

18.10. Governing Law. The laws of the country, state, province, or municipality where Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.

18.11. Notices. All notices must be in English. Notices posted on Agency’s Axon Evidence site are effective upon posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective immediately. Notices to Agency shall be 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. Hawthorne Police Department
Signature: Signature:

Name: Name:

Title: Title:

Date: Date:

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1. Definitions.

Axon Cloud Services Terms of Use Appendix
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 Master Services and Purchasing Agreement for Agency
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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 six (6) months into archival storage. Agency Content in archival storage will not have immediate availability and may take up to twenty-four (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.

12. Axon Records. Axon Records is the software-as-a-service product that is generally available at the time Agency purchases an OSP 7 or OSP 10 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 or OSP 10 bundle, upon completion of the OSP 7 or OSP 10 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.
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 Master Services and Purchasing Agreement for Agency
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may limit usage should the Agency exceed an average rate of one-hundred (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; material in violation of third-party privacy rights; or malicious code.

14. After Termination. Axon will not delete Agency Content for ninety (90) days following termination. There will be no functionality of Axon Cloud Services during these ninety (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 ninety (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 deidentify 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.

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 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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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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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 six (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 four (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 four (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 (1) 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 one (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)
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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 (1) 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 Smart Weapons that Agency is replacing with newer Smart Weapon models.

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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 or TASER 10 include Smart Weapon Transition Service instead of 1-Day Device Specific Instructor Course.

7. VR Services Package. VR Service includes advance remote project planning and configuration support and one (1) day of on-site service and a professional services manager to work with Agency to assess Agency's deployment and determine which Services are appropriate. The VR Service training options include:

System set up and configuration (Remote Support)
• Instructor-led setup of Axon VR headset content
• Configure agency settings based on Agency need
• Troubleshoot IT issues with Axon VR headset
Axon instructor training (Train the Trainer)
Training for up to five (5) Agency's in-house instructors who can support Agency's Axon VR CET and SIM training needs after Axon’s has fulfilled its contracted on-site obligations Classroom and practical training sessions
Step-by-step explanation and assistance for Agency's configuration of Axon VR CET and SIM functionality, basic operation, and best practices

8. Axon Air, On-Site Training. Axon Air, On-Site training includes advance remote project planning and configuration support and one (1) 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's requires more than one (1) day of on-site Services, Agency must purchase additional on-site Services. The Axon Air, On-Site training options include:

System set up and configuration (Remote Support)
• Instructor-led setup of Axon Air App (ASDS)
• Configure agency settings based on Agency need
• Configure drone controller
• Troubleshoot IT issues with Axon Evidence
Axon instructor training (Train the Trainer)
Training for Agency's in-house instructors who can support Agency's Axon Air and Axon Evidence training needs after Axon’s has fulfilled its contracted on-site obligations Classroom and practical training sessions
Step-by-step explanation and assistance for Agency's configuration of Axon Respond+ livestreaming functionality, basic operation, and best practices

9. Axon Air, Virtual Training. Axon Air, Virtual training includes all items in the Axon Air, On-Site Training Package, except the practical training session, with the Axon Instructor training for up to four hours virtually.

10. Signal Sidearm Installation Service.
a. Purchases of 50 SSA units or more: Axon will provide one (1) day of on-site service and one professional services manager and will provide train the trainer instruction, with direct assistance on the first of each unique holster/mounting type. Agency is responsible for providing a suitable work/training area.
b. Purchases of less than 50 SSA units: Axon will provide a 1-hour virtual instruction session on the basics of installation and device calibration.

11. 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.

12. 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.

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13. 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.

14. 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

15. 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 seven (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 seven (7) calendar days of delivery of the Acceptance Form, Axon will deem Agency to have accepted the professional services.

16. 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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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 one- (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 or OSP 10 Term. OSP 7 or OSP 10 begins on the date specified in the Quote ("OSP 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 ninety (90) days in advance. Axon may ship the final BWC and Dock Upgrade as scheduled in the Quote sixty (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 thirty (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 thirty (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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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 (30) days after completing Auto-Tagging Services, Axon will provide up to five (5) hours of remote support at no additional charge. Axon will provide free support due to a change in Axon Evidence, if 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 the resources and information Axon expects to use and will provide an initial list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency.

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Axon Fleet Appendix
If Axon Fleet is included on the Quote, this Appendix applies.

1. Agency Responsibilities.

19. 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.

20. Agency is responsible for providing a suitable work area for Axon or Axon third-party providers to install Axon Fleet systems into Agency vehicles. Agency is responsible for making available all vehicles for which installation services were purchased, during the agreed upon onsite installation dates, Failure to make vehicles available may require an equitable adjustment in fees or schedule.

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.

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6. Acceptance Checklist. If Axon provides services to Agency pursuant to any statement of work in connection with Axon Fleet, within seven (7) days of the date on which Agency retrieves Agency's vehicle(s) from the Axon installer, said vehicle having been installed and configured with tested and fully and properly operational in-car hardware and software identified above, Agency will receive a Professional Services Acceptance Checklist to submit to Axon indicating acceptance or denial of said deliverables.

7. Axon Fleet Upgrade. If Agency has no outstanding payment obligations and has purchased the "Fleet Technology Assurance Plan" (Fleet TAP), Axon will provide Agency with the same or like model of Fleet hardware ("Axon Fleet Upgrade") as scheduled 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 thirty (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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Add-on Services Appendix
This Appendix applies if Axon Community Request, Axon Redaction Assistant, and/or Axon Performance are included on the Quote.

1. Subscription Term. If Agency purchases Axon Community Request, Axon Redaction Assistant, or Axon Performance as part of OSP 7 or OSP 10, the subscription begins on the later of the (1) start date of the OSP 7 or OSP 10 Term, or (2) date Axon provisions Axon Community Request Axon Redaction Assistant, or Axon Performance to Agency.

1.1. If Agency purchases Axon Community Request, Axon Redaction Assistant, or Axon Performance as a standalone, the subscription begins the later of the (1) date Axon provisions Axon Community Request, 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 Community Request Storage. For Axon Community Request, 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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Axon Evidence Local Software Appendix
This Appendix applies if Axon Evidence Local is included on the Quote.

1. License. Axon owns all executable instructions, images, icons, sound, and text in Axon Evidence Local. All rights are reserved to Axon. Axon grants a non-exclusive, royalty-free, worldwide right and license to use Axon Evidence Local. "Use" means storing, loading, installing, or executing Axon Evidence Local exclusively for data communication with an Axon Device. Agency may use Axon Evidence Local in a networked environment on computers other than the computer it installs Axon Evidence Local on, so long as each execution of Axon Evidence Local is for data communication with an Axon Device. Agency may make copies of Axon Evidence Local for archival purposes only.

Axon shall retain all copyright, trademark, and proprietary notices in Axon Evidence Local on all copies or adaptations.

2. Term. The Quote will detail the duration of the Axon Evidence Local license, as well as any maintenance. The term will begin upon installation of Axon Evidence Local.

3. License Restrictions. All licenses will immediately terminate if Agency does not comply with any term of this Agreement. Agency may not use Axon Evidence Local 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 Axon Evidence Local;

3.2. reverse engineer, disassemble, or decompile Axon Evidence Local or apply any process to derive the source code of Axon Evidence Local, or allow others to do the same;

3.3. access or use Axon Evidence Local to avoid incurring fees or exceeding usage limits or quotas;

3.4. copy Axon Evidence Local in whole or part, except as expressly permitted in this Agreement;

3.5. use trade secret information contained in Axon Evidence Local;

3.6. resell, rent, loan or sublicense Axon Evidence Local;

3.7. access Axon Evidence Local to build a competitive device or service or copy any features, functions, or graphics of Axon Evidence Local; or

3.8. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Axon Evidence Local or any copies of Axon Evidence Local.

4. Support. Axon may make available updates and error corrections ("Updates") to Axon Evidence Local. Axon will provide Updates electronically via the Internet or media as determined by Axon. Agency is responsible for establishing and maintaining adequate access to the Internet to receive Updates. Agency is responsible for maintaining the computer equipment necessary to use Axon Evidence Local. Axon may provide technical support of a prior release/version of Axon Evidence Local for six (6) months from when Axon made the subsequent release/version available.

5. Termination. Axon may terminate Agency’s license immediately for Agency’s failure to comply with any of the terms in this Agreement. Upon termination, Axon may disable Agency’s right to login to Axon Evidence Local.

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Axon Application Programming Interface Appendix
This Appendix applies if Axon’s API Services are included on the Quote.

1. Definitions.

1.1. "API Client" means the software that acts as the interface between Agency’s computer and the server, which is already developed or to be developed by Agency.

1.2. "API Interface" means software implemented by Agency to configure Agency’s independent API Client Software to operate in conjunction with the API Service for Agency’s authorized Use.

1.3. "Axon Evidence Partner API, API or Axon API" (collectively "API Service") means Axon’s API which provides a programmatic means to access data in Agency’s Axon Evidence account or integrate Agency’s Axon Evidence account with other systems.

1.4. "Use" means any operation on Agency’s data enabled by the supported API functionality.

2. Purpose and License.

2.1. Agency may use API Service and data made available through API Service, in connection with an API Client developed by Agency. Axon may monitor Agency’s use of API Service to ensure quality, improve Axon devices and services, and verify compliance with this Agreement. Agency agrees to not interfere with such monitoring or obscure from Axon Agency’s use of API Service. Agency will not use API Service for commercial use.

2.2. Axon grants Agency a non-exclusive, non-transferable, non-sublicensable, worldwide, revocable right and license during the Term to use API Service, solely for Agency’s Use in connection with Agency’s API Client.

2.3. Axon reserves the right to set limitations on Agency’s use of the API Service, such as a quota on operations, to ensure stability and availability of Axon’s API. Axon will use reasonable efforts to accommodate use beyond the designated limits.

3. Configuration. Agency will work independently to configure Agency’s API Client with API Service for Agency’s applicable Use. Agency will be required to provide certain information (such as identification or contact details) as part of the registration. Registration information provided to Axon must be accurate. Agency will inform Axon promptly of any updates. Upon Agency’s registration, Axon will provide documentation outlining API Service information.

4. Agency Responsibilities. When using API Service, Agency and its end users may not:

4.1. use API Service in any way other than as expressly permitted under this Agreement;

4.2. use in any way that results in, or could result in, any security breach to Axon;

4.3. perform an action with the intent of introducing any viruses, worms, defect, Trojan horses, malware, or any items of a destructive nature to Axon Devices and Services;

4.4. interfere with, modify, disrupt or disable features or functionality of API Service or the servers or networks providing API Service;

4.5. reverse engineer, decompile, disassemble, or translate or attempt to extract the source code from API Service or any related software;

4.6. create an API Interface that functions substantially the same as API Service and offer it for use by third parties;

4.7. provide use of API Service on a service bureau, rental or managed services basis or permit other individuals or entities to create links to API Service;

4.8. frame or mirror API Service on any other server, or wireless or Internet-based device;

4.9. make available to a third-party, any token, key, password or other login credentials to API Service;

4.10. take any action or inaction resulting in illegal, unauthorized or improper purposes; or

4.11. disclose Axon’s API manual.

5. API Content. All content related to API Service, other than Agency Content or Agency’s API Client content, is considered Axon’s API Content, including:

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5.2. the resources available within API Service for which Agency takes actions on, such as evidence, cases, users, or reports;

5.3. the structure of and relationship of API Service resources; and

5.4. the design of API Service, in any part or as a whole.

6. Prohibitions on API Content. Neither Agency nor its end users will use API content returned from the API Interface to:

6.1. scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;

6.2. copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third-party;

6.3. misrepresent the source or ownership; or

6.4. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices).

7. API Updates. Axon may update or modify the API Service from time to time ("API Update"). Agency is required to implement and use the most current version of API Service and to make any applicable changes to Agency’s API Client required as a result of such API Update. API Updates may adversely affect how Agency’s API Client access or communicate with API Service or the API Interface. Each API Client must contain means for Agency to update API Client to the most current version of API Service. Axon will provide support for one (1) year following the release of an API Update for all depreciated API Service versions.

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Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 19.0
Release Date: 8/18/2023 Page 24 of 29
Definitions.

My90 Terms of Use Appendix

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 Agency would like to obtain feedback.

1.3. "Agency Data" means

1.3.1. "My90 Agency Content" which means data, including Recipient Contact Information, provided to My90 directly by Agency or at their direction, or by permitting My90 to access or connect to an information system or similar technology. My90 Agency Content does not include My90 NonContent Data.

1.3.2. "My90 Non-Content Data" which means data, configuration, and usage information about Agency's My90 tenant, and client software, users, and survey recipients that is Processed (as defined in Section 1.6 of this Appendix) when using My90 or responding to a My90 Survey. My90 NonContent Data includes data about users and survey recipients captured during account management and customer support activities. My90 Non-Content Data does not include My90 Agency 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 Agency 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 Agency a subscription to My90, Agency may access and use My90 to store and manage My90 Agency 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. Agency Owns My90 Agency Content. Agency controls or owns all right, title, and interest in My90 Agency Content. Except as outlined herein, Axon obtains no interest in My90 Agency Content, and My90 Agency Content is not Axon’s business records. Except as set forth in this Agreement, Agency is responsible for uploading, sharing, managing, and deleting My90 Agency Content. Axon will only have access to My90 Agency Content for the limited purposes set forth herein. Agency agrees to allow Axon access to My90 Agency 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 Master Services and Purchasing Agreement for Agency
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in Schedule 1 Details of the Processing, to this Appendix.

6. Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Data against accidental or unlawful loss, access, or disclosure. Axon will maintain a comprehensive information security program to protect Agency Data including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; security education; and data protection. Axon will not treat Agency 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 Agency, such as ISO 27001 certification or SOC 2 Reporting.

7. Privacy. Agency use of My90 is subject to the My90 Privacy Policy, a current version of which is available at https://www.axon.com/legal/my90privacypolicy. Agency agrees to allow Axon access to My90 Non-Content Data from Agency 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 Agency Data to third-party subcontractors for Processing. Axon will determine the locations for Processing of Agency Data. For all Agency, Axon will Process and store Agency Data within the United States. Ownership of My90 Agency Content remains with Agency.

9. Required Disclosures. Axon will not disclose Agency Data that Agency shares with Axon except as compelled by a court or administrative body or required by any law or regulation. Axon will notify Agency if any disclosure request is received for Agency Data so Agency 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 Agency 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 reasonably be linked directly or indirectly to a particular individual.

11. License and Intellectual Property. Agency grants Axon, its affiliates, and assignees the irrevocable, perpetual, fully paid, royalty-free, and worldwide right and license to use Agency Data for internal use including but not limited to analysis and creation of derivatives. Axon may not release Agency Data to any third party under this right that is not aggregated and de-identified. Agency acknowledges that Agency will have no intellectual property right in any media, good or service developed or improved by Axon. Agency acknowledges that Axon may make any lawful use of My90 Data and any derivative of Agency Data including, without limitation, the right to monetize, redistribute, make modification of, and make derivatives of the surveys, survey responses and associated data, and Agency will have no intellectual property right in any good, service, media, or other product that uses My90 Data.

12. Agency Use of Aggregated Survey Response. Axon will make available to Agency Aggregated Survey Response and rights to use for any Agency purpose.

13. Data Subject Rights. Taking into account the nature of the Processing, Axon shall assist Agency by appropriate technical and organizational measures, insofar as this is reasonable, for the fulfilment of Agency's obligation to respond to a Data Subject Request regarding any Personal Data contained within My90 Agency Content. If in regard to My90 Agency Content, Axon receives a Data Subject Request from Agency's data subject to exercise one or more of its rights under applicable Data Protection Law, Axon will redirect the data subject within seventytwo (72) hours, to make its request directly to Agency. Agency will be responsible for responding to any such request.

14. Assistance with Requests Related to My90 Agency Content. With regard to the processing of My90 Agency Content, Axon shall, if not prohibited by applicable law, notify Agency without delay after receipt, if Axon: (a) receives a request for information from the Supervisory Authority or any other competent authority regarding My90 Agency Content; (b) receives a complaint or request from a third party regarding the obligations of Agency or Axon under applicable Data Protection Law; or (c) receives any other communication which directly or indirectly pertains to My90 Agency Content or the Processing or protection of My90 Agency Content. Axon shall not respond to such requests, complaints, or communications, unless Agency has given Axon written instructions to Master Services and Purchasing Agreement for Agency
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Version: 19.0
Release Date: 8/18/2023 Page 27 of 29
that effect or if such is required under a statutory provision. In the latter case, prior to responding to the request, Axon shall notify Agency 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 Agency Content, Agency will manage the data sharing partnership with Axon and access to allow only for authorized data sharing with Axon. Agency 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. Agency 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 Agency or at their direction, or by permitting My90 to access or connect to an information system or similar technology will be retained for twenty-four (24) hours.

Axon will not delete Aggregated Survey Response for four (4) years following termination of this Agreement. There will be no functionality of My90 during these four (4) 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 Agency Content or the potential monetization of Survey Response and Aggregated Survey Response.

18. Managing Data Shared. Agency is responsible for:

18.1. Ensuring My90 Agency 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 Agency Content that is authorized to be shared for the purposes outlined is shared with Axon. Agency will periodically monitor or audit this shared data;

18.3. Using an appropriately secure data transfer mechanism to provide My90 Agency Content to Axon;

18.4. Immediately notifying Axon if My90 Agency 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 Agency Content in the event Agency requests to un-share previously shared My90 Agency Content;

19. Prior to enrollment in My90. Prior to enrolling in My90, Agency 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 Agency Content may be shared with Axon; and

19.3. assign responsibilities for managing what My90 Agency Content is shared with Axon and educate users on what data may or not be shared with Axon.

20. Agency Responsibilities. Agency is responsible for:

20.1. ensuring no My90 Agency Content or Agency end user’s use of My90 Agency Content or My90 violates this Agreement or applicable laws;

20.2. providing, and will continue to provide, all notices and has obtained, and will continue to obtain, all consents and rights necessary under applicable laws for Axon to process Agency Data in accordance with this Agreement; and

20.3. maintaining necessary computer equipment and Internet connections for use of My90. If Agency becomes aware of any violation of this Agreement by an end user, Agency will immediately terminate that end user’s access to My90. Agency will also maintain the security of end usernames and passwords and security and access by end users to My90 Agency Content. Agency is responsible for ensuring the configuration and utilization of My90 meets applicable Agency regulations 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 My90 Agency Content or if account information is lost or stolen.

21. Suspension. Axon may temporarily suspend Agency's or any end user’s right to access or use any portion or all of My90 immediately upon notice, if Agency or end user’s use of or registration for My90 may (a) pose a security Master Services and Purchasing Agreement for Agency
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Version: 19.0
Release Date: 8/18/2023 Page 28 of 29
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. Agency remains responsible for all fees, if applicable, incurred through suspension. Axon will not delete My90 Agency Content or Aggregated Survey Response because of suspension, except as specified in this Agreement.

22. My90 Restrictions. Agency and Agency 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 Agency obtain feedback from individuals, such as members of their community, staff, or officers. Features of My90 may include:

1.1. Survey Tool where Agency may create, distribute, and analyze feedback from individuals it designates.

Agency 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. Agency 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 Agency 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 Agency 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 Agency use. Agency 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 Agency 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) Agency; (2) other Axon Agency; (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 Agency stakeholders, market the partnership to the public, and facilitate training.

Q-490339-45170.902KP
Issued: 09/01/2023
Quote Expiration: 12/31/2023
Estimated Contract Start Date: 01/15/2024
Account Number: 106977
Payment Terms: N45
Delivery Method:

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Business;Delivery;Invoice-12501 Hawthorne Blvd
12501 Hawthorne Blvd
Hawthorne,
CA
90250-4404
USA
Hawthorne Police Dept. - CA
12501 Hawthorne Blvd
Hawthorne
CA
90250-4404
USA
Email:

Kyle Panasewicz
Phone: +1 4803294734
Email: [email protected]
Fax: (480) 905-2071
Eric Lane
Phone: (310) 349-2806
Email: [email protected]
Fax:

Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $119,353.78 TOTAL COST $1,326,104.46
ESTIMATED TOTAL W/ TAX $1,351,171.01 TOTAL SAVINGS $596,768.88 Payment Summary
Date Subtotal Tax Total
Dec 2023 $302,694.50 $7,747.32 $310,441.82
Dec 2024 $255,852.49 $4,329.81 $260,182.30
Dec 2025 $255,852.49 $4,329.81 $260,182.30
Dec 2026 $255,852.49 $4,329.81 $260,182.30
Dec 2027 $255,852.49 $4,329.80 $260,182.29
Total $1,326,104.46 $25,066.55 $1,351,171.01
Axon Enterprise, Inc.
17800 N 85th St.

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

Quote Unbundled Price: $1,922,873.34
Quote List Price: $1,793,248.14
Quote Subtotal: $1,326,104.46
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 $1.00 ($12,021.87) ($12,021.87) $0.00 ($12,021.87) BWCamTAP Body Worn Camera TAP Bundle 101 60 $38.99 $32.50 $5.60 $33,925.60 $0.00 $33,925.60 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 13 60 $70.49 $34.66 $5.70 $4,446.00 $0.00 $4,446.00 Fleet3A Fleet 3 Advanced 46 60 $277.16 $254.57 $199.71 $551,199.60 $16,815.55 $568,015.15 CLASS2UAS AXON AIR, CLASS 2 UAS BUNDLE 3 64 $283.34 $283.34 $255.01 $48,961.14 $0.00 $48,961.14 CLASSMUAS AXON AIR, CLASS M UAS BUNDLE 3 64 $116.67 $116.67 $105.00 $20,160.57 $0.00 $20,160.57 CLASS1UAS AXON AIR, CLASS 1 UAS BUNDLE 2 64 $183.34 $183.34 $165.01 $21,120.76 $0.00 $21,120.76 A la Carte Hardware
11630 DJI Dock Installation & Training 1 $1.00 $0.00 $0.00 $0.00 $0.00 100522 AXON AIR, DJI MATRICE 30 SERIES INT FLIGHT
BATTERY 6 $329.00 $0.00 $0.00 $0.00 $0.00
100519 AXON AIR, DJI DJI RC PLUS 1 $1,600.00 $0.00 $0.00 $0.00 $0.00 11630 DJI Dock Maintenance 1 Visit (Per Year) 1 $1.00 $1.00 $1.00 $0.08 $1.08 12346 AXON AIR, FOTOKITE SIGMA MOBILE 1 $33,945.00 $27,156.00 $27,156.00 $2,783.49 $29,939.49 11630 DJI Dock with M30T 1 $1.00 $33,341.00 $33,341.00 $3,417.43 $36,758.43 H00002 AB4 Multi Bay Dock Bundle 1 $1,638.90 $0.00 $0.00 $0.00 $0.00 H00001 AB4 Camera Bundle 5 $849.00 $0.00 $0.00 $0.00 $0.00 H00002 AB4 Multi Bay Dock Bundle 12 $1,638.90 $0.00 $0.00 $0.00 $0.00 H00001 AB4 Camera Bundle 96 $849.00 $0.00 $0.00 $0.00 $0.00 A la Carte Software
12024 AXON AIR, MOBILE STREAMING LICENSE 1 64 $200.00 $180.00 $11,520.00 $0.00 $11,520.00 12344 AXON AIR, FOTOKITE CONNECT LICENSE 1 61 $275.00 $220.00 $13,420.00 $0.00 $13,420.00 100112 AXON AIR, E.COM PILOT DATA LIC 10 64 $30.00 $27.00 $17,280.00 $0.00 $17,280.00 100824 AXON AIR DEDRONE AERIAL ARMOR DDAAS FOR
LOCAL GOVERNMENT 1 12 $2,083.33 $1,666.66 $19,999.97 $2,050.00 $22,049.97 100590 MY90 LICENSE 101 60 $9.76 $9.76 $59,145.60 $0.00 $59,145.60 73478 REDACTION ASSISTANT USER LICENSE 101 60 $9.76 $9.76 $59,145.60 $0.00 $59,145.60 73682 AUTO TAGGING LICENSE 101 60 $9.76 $9.76 $59,145.60 $0.00 $59,145.60 100588 AXON AIR, REMOTE ADD-ON (CLASS 2) 3 64 $416.67 $375.00 $72,000.57 $0.00 $72,000.57 73686 EVIDENCE.COM UNLIMITED AXON DEVICE
STORAGE 101 60 $26.04 $26.04 $157,802.40 $0.00 $157,802.40 BasicLicense Basic License Bundle 97 60 $16.27 $16.25 $94,575.00 $0.00 $94,575.00 ProLicense Pro License Bundle 8 60 $42.91 $42.25 $20,279.92 $0.00 $20,279.92 A la Carte Services
12015 AXON AIR, DRONESENSE IN-PERSON TRAINING 1 $2,500.00 $0.00 $0.00 $0.00 $0.00 100485 AXON AIR, REMOTE OPERATIONS ON-BOARDING 1 $15,000.00 $13,500.00 $13,500.00 $0.00 $13,500.00 Total $1,326,104.46 $25,066.55 $1,351,171.01

Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
A la Carte 100519 AXON AIR, DJI DJI RC PLUS 1 11/01/2023 A la Carte 100522 AXON AIR, DJI MATRICE 30 SERIES INT FLIGHT BATTERY 6 11/01/2023 A la Carte 11630 DJI Dock with M30T 1 11/01/2023
A la Carte 11630 DJI Dock Maintenance 1 Visit (Per Year) 1 11/01/2023 A la Carte 11630 DJI Dock Installation & Training 1 11/01/2023 AB4 Camera Bundle 100147 AXON BODY 4 - NA - US FIRST RESPONDER - BLK - RAPIDLOCK 96 12/15/2023 AB4 Camera Bundle 100147 AXON BODY 4 - NA - US FIRST RESPONDER - BLK - RAPIDLOCK 5 12/15/2023 AB4 Camera Bundle 100147 AXON BODY 4 - NA - US FIRST RESPONDER - BLK - RAPIDLOCK 3 12/15/2023 AB4 Camera Bundle 100466 USB-C to USB-C CABLE FOR AB4 106 12/15/2023 AB4 Camera Bundle 100466 USB-C to USB-C CABLE FOR AB4 6 12/15/2023 AB4 Camera Bundle 74028 WING CLIP MOUNT, AXON RAPIDLOCK 106 12/15/2023 AB4 Camera Bundle 74028 WING CLIP MOUNT, AXON RAPIDLOCK 6 12/15/2023 AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - 8 BAY DOCK 12 12/15/2023 AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - 8 BAY DOCK 1 12/15/2023 AB4 Multi Bay Dock Bundle 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 12 12/15/2023 AB4 Multi Bay Dock Bundle 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 1 12/15/2023 AB4 Multi Bay Dock Bundle 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 12 12/15/2023 AB4 Multi Bay Dock Bundle 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 1 12/15/2023 Fleet 3 Advanced 70112 AXON SIGNAL UNIT 46 12/15/2023
Fleet 3 Advanced 72036 FLEET 3 STANDARD 2 CAMERA KIT 46 12/15/2023 Fleet 3 Advanced 72036 FLEET 3 STANDARD 2 CAMERA KIT 1 12/15/2023 A la Carte 12346 AXON AIR, FOTOKITE SIGMA MOBILE 1 12/15/2023 Body Worn Camera Multi-Bay Dock TAP Bundle 73689 MULTI-BAY BWC DOCK 1ST REFRESH 13 06/15/2026 Body Worn Camera TAP Bundle 73309 AXON CAMERA REFRESH ONE 104 06/15/2026 Body Worn Camera Multi-Bay Dock TAP Bundle 73688 MULTI-BAY BWC DOCK 2ND REFRESH 13 12/15/2028 Body Worn Camera TAP Bundle 73310 AXON CAMERA REFRESH TWO 104 12/15/2028 Fleet 3 Advanced 72040 FLEET REFRESH, 2 CAMERA KIT 46 12/15/2028 Fleet 3 Advanced 72040 FLEET REFRESH, 2 CAMERA KIT 1 12/15/2028 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date AXON AIR, CLASS 1 UAS BUNDLE 100579 AXON AIR, UAS LICENSE (CLASS 1) 2 09/15/2023 01/14/2029 AXON AIR, CLASS 1 UAS BUNDLE 100584 AXON AIR, ADVANCED STREAMING ADD-ON 2 09/15/2023 01/14/2029 AXON AIR, CLASS 1 UAS BUNDLE 100586 AXON AIR, API INTEGRATIONS ADD-ON 2 09/15/2023 01/14/2029 AXON AIR, CLASS 2 UAS BUNDLE 100580 AXON AIR, UAS LICENSE (CLASS 2) 3 09/15/2023 01/14/2029 AXON AIR, CLASS 2 UAS BUNDLE 100584 AXON AIR, ADVANCED STREAMING ADD-ON 3 09/15/2023 01/14/2029 AXON AIR, CLASS 2 UAS BUNDLE 100586 AXON AIR, API INTEGRATIONS ADD-ON 3 09/15/2023 01/14/2029 AXON AIR, CLASS M UAS BUNDLE 100582 AXON AIR, UAS LICENSE (CLASS M) 3 09/15/2023 01/14/2029 AXON AIR, CLASS M UAS BUNDLE 100584 AXON AIR, ADVANCED STREAMING ADD-ON 3 09/15/2023 01/14/2029

Software
Bundle Item Description QTY Estimated Start Date Estimated End Date AXON AIR, CLASS M UAS BUNDLE 100586 AXON AIR, API INTEGRATIONS ADD-ON 3 09/15/2023 01/14/2029 A la Carte 100112 AXON AIR, E.COM PILOT DATA LIC 10 09/15/2023 01/14/2029 A la Carte 100588 AXON AIR, REMOTE ADD-ON (CLASS 2) 3 09/15/2023 01/14/2029 A la Carte 12024 AXON AIR, MOBILE STREAMING LICENSE 1 09/15/2023 01/14/2029 A la Carte 12344 AXON AIR, FOTOKITE CONNECT LICENSE 1 12/15/2023 01/14/2029 Basic License Bundle 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 97 01/15/2024 01/14/2029 Basic License Bundle 73840 EVIDENCE.COM BASIC ACCESS LICENSE 97 01/15/2024 01/14/2029 Fleet 3 Advanced 80400 FLEET, VEHICLE LICENSE 46 01/15/2024 01/14/2029 Fleet 3 Advanced 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 46 01/15/2024 01/14/2029 Fleet 3 Advanced 80402 RESPOND DEVICE LICENSE - FLEET 3 46 01/15/2024 01/14/2029 Fleet 3 Advanced 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 92 01/15/2024 01/14/2029 Pro License Bundle 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 24 01/15/2024 01/14/2029 Pro License Bundle 73746 PROFESSIONAL EVIDENCE.COM LICENSE 8 01/15/2024 01/14/2029 A la Carte 100590 MY90 LICENSE 101 01/15/2024 01/14/2029 A la Carte 73478 REDACTION ASSISTANT USER LICENSE 101 01/15/2024 01/14/2029 A la Carte 73682 AUTO TAGGING LICENSE 101 01/15/2024 01/14/2029 A la Carte 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 101 01/15/2024 01/14/2029 A la Carte 100824 AXON AIR DEDRONE AERIAL ARMOR DDAAS FOR LOCAL GOVERNMENT 1 08/01/2024 07/31/2025
Services
Bundle Item Description QTY
Fleet 3 Advanced 73391 FLEET 3 DEPLOYMENT (PER VEHICLE) 46 A la Carte 100485 AXON AIR, REMOTE OPERATIONS ON-BOARDING 1 A la Carte 12015 AXON AIR, DRONESENSE IN-PERSON TRAINING 1 Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date Body Worn Camera Multi-Bay Dock TAP Bundle 80465 EXT WARRANTY, MULTI-BAY DOCK (TAP) 13 12/15/2024 01/14/2029 Body Worn Camera TAP Bundle 80464 EXT WARRANTY, CAMERA (TAP) 101 12/15/2024 01/14/2029 Body Worn Camera TAP Bundle 80464 EXT WARRANTY, CAMERA (TAP) 3 12/15/2024 01/14/2029 Fleet 3 Advanced 80379 EXT WARRANTY, AXON SIGNAL UNIT 46 12/15/2024 01/14/2029 Fleet 3 Advanced 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 46 12/15/2024 01/14/2029 Fleet 3 Advanced 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 1 12/15/2024 01/14/2029

Payment Details
Dec 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Upfront Costs 100485 AXON AIR, REMOTE OPERATIONS ON-BOARDING 1 $13,500.00 $0.00 $13,500.00 Upfront Costs 100519 AXON AIR, DJI DJI RC PLUS 1 $0.00 $0.00 $0.00 Upfront Costs 100522 AXON AIR, DJI MATRICE 30 SERIES INT FLIGHT BATTERY 6 $0.00 $0.00 $0.00 Upfront Costs 11630 DJI Dock Installation & Training 1 $0.00 $0.00 $0.00 Upfront Costs 11630 DJI Dock with M30T 1 $33,341.00 $3,417.43 $36,758.43 Upfront Costs 11630 DJI Dock Maintenance 1 Visit (Per Year) 1 $1.00 $0.08 $1.08 Upfront Costs 12015 AXON AIR, DRONESENSE IN-PERSON TRAINING 1 $0.00 $0.00 $0.00 Upfront Costs H00001 AB4 Camera Bundle 5 $0.00 $0.00 $0.00 Upfront Costs H00001 AB4 Camera Bundle 96 $0.00 $0.00 $0.00 Upfront Costs H00002 AB4 Multi Bay Dock Bundle 1 $0.00 $0.00 $0.00 Upfront Costs H00002 AB4 Multi Bay Dock Bundle 12 $0.00 $0.00 $0.00 Year 1 100112 AXON AIR, E.COM PILOT DATA LIC 10 $3,456.00 $0.00 $3,456.00 Year 1 100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 ($2,404.37) $0.00 ($2,404.37) Year 1 100588 AXON AIR, REMOTE ADD-ON (CLASS 2) 3 $14,400.11 $0.00 $14,400.11 Year 1 100590 MY90 LICENSE 101 $11,829.12 $0.00 $11,829.12 Year 1 100824 AXON AIR DEDRONE AERIAL ARMOR DDAAS FOR LOCAL GOVERNMENT 1 $3,999.99 $410.00 $4,409.99 Year 1 12024 AXON AIR, MOBILE STREAMING LICENSE 1 $2,304.00 $0.00 $2,304.00 Year 1 12344 AXON AIR, FOTOKITE CONNECT LICENSE 1 $2,684.00 $0.00 $2,684.00 Year 1 12346 AXON AIR, FOTOKITE SIGMA MOBILE 1 $5,431.20 $556.70 $5,987.90 Year 1 73478 REDACTION ASSISTANT USER LICENSE 101 $11,829.12 $0.00 $11,829.12 Year 1 73682 AUTO TAGGING LICENSE 101 $11,829.12 $0.00 $11,829.12 Year 1 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 101 $31,560.50 $0.00 $31,560.50 Year 1 BasicLicense Basic License Bundle 97 $18,915.00 $0.00 $18,915.00 Year 1 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 13 $889.20 $0.00 $889.20 Year 1 BWCamTAP Body Worn Camera TAP Bundle 101 $6,785.11 $0.00 $6,785.11 Year 1 CLASS1UAS AXON AIR, CLASS 1 UAS BUNDLE 2 $4,224.16 $0.00 $4,224.16 Year 1 CLASS2UAS AXON AIR, CLASS 2 UAS BUNDLE 3 $9,792.22 $0.00 $9,792.22 Year 1 CLASSMUAS AXON AIR, CLASS M UAS BUNDLE 3 $4,032.11 $0.00 $4,032.11 Year 1 Fleet3A Fleet 3 Advanced 46 $110,239.93 $3,363.11 $113,603.04 Year 1 ProLicense Pro License Bundle 8 $4,055.98 $0.00 $4,055.98 Total $302,694.50 $7,747.32 $310,441.82
Dec 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 100112 AXON AIR, E.COM PILOT DATA LIC 10 $3,456.00 $0.00 $3,456.00 Year 2 100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 ($2,404.37) $0.00 ($2,404.37) Year 2 100588 AXON AIR, REMOTE ADD-ON (CLASS 2) 3 $14,400.11 $0.00 $14,400.11 Year 2 100590 MY90 LICENSE 101 $11,829.12 $0.00 $11,829.12 Year 2 100824 AXON AIR DEDRONE AERIAL ARMOR DDAAS FOR LOCAL GOVERNMENT 1 $3,999.99 $410.00 $4,409.99 Year 2 12024 AXON AIR, MOBILE STREAMING LICENSE 1 $2,304.00 $0.00 $2,304.00 Year 2 12344 AXON AIR, FOTOKITE CONNECT LICENSE 1 $2,684.00 $0.00 $2,684.00 Year 2 12346 AXON AIR, FOTOKITE SIGMA MOBILE 1 $5,431.20 $556.70 $5,987.90

Dec 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 73478 REDACTION ASSISTANT USER LICENSE 101 $11,829.12 $0.00 $11,829.12 Year 2 73682 AUTO TAGGING LICENSE 101 $11,829.12 $0.00 $11,829.12 Year 2 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 101 $31,560.49 $0.00 $31,560.49 Year 2 BasicLicense Basic License Bundle 97 $18,915.00 $0.00 $18,915.00 Year 2 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 13 $889.20 $0.00 $889.20 Year 2 BWCamTAP Body Worn Camera TAP Bundle 101 $6,785.11 $0.00 $6,785.11 Year 2 CLASS1UAS AXON AIR, CLASS 1 UAS BUNDLE 2 $4,224.16 $0.00 $4,224.16 Year 2 CLASS2UAS AXON AIR, CLASS 2 UAS BUNDLE 3 $9,792.22 $0.00 $9,792.22 Year 2 CLASSMUAS AXON AIR, CLASS M UAS BUNDLE 3 $4,032.11 $0.00 $4,032.11 Year 2 Fleet3A Fleet 3 Advanced 46 $110,239.93 $3,363.11 $113,603.04 Year 2 ProLicense Pro License Bundle 8 $4,055.98 $0.00 $4,055.98 Total $255,852.49 $4,329.81 $260,182.30
Dec 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 100112 AXON AIR, E.COM PILOT DATA LIC 10 $3,456.00 $0.00 $3,456.00 Year 3 100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 ($2,404.37) $0.00 ($2,404.37) Year 3 100588 AXON AIR, REMOTE ADD-ON (CLASS 2) 3 $14,400.11 $0.00 $14,400.11 Year 3 100590 MY90 LICENSE 101 $11,829.12 $0.00 $11,829.12 Year 3 100824 AXON AIR DEDRONE AERIAL ARMOR DDAAS FOR LOCAL GOVERNMENT 1 $3,999.99 $410.00 $4,409.99 Year 3 12024 AXON AIR, MOBILE STREAMING LICENSE 1 $2,304.00 $0.00 $2,304.00 Year 3 12344 AXON AIR, FOTOKITE CONNECT LICENSE 1 $2,684.00 $0.00 $2,684.00 Year 3 12346 AXON AIR, FOTOKITE SIGMA MOBILE 1 $5,431.20 $556.70 $5,987.90 Year 3 73478 REDACTION ASSISTANT USER LICENSE 101 $11,829.12 $0.00 $11,829.12 Year 3 73682 AUTO TAGGING LICENSE 101 $11,829.12 $0.00 $11,829.12 Year 3 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 101 $31,560.49 $0.00 $31,560.49 Year 3 BasicLicense Basic License Bundle 97 $18,915.00 $0.00 $18,915.00 Year 3 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 13 $889.20 $0.00 $889.20 Year 3 BWCamTAP Body Worn Camera TAP Bundle 101 $6,785.11 $0.00 $6,785.11 Year 3 CLASS1UAS AXON AIR, CLASS 1 UAS BUNDLE 2 $4,224.16 $0.00 $4,224.16 Year 3 CLASS2UAS AXON AIR, CLASS 2 UAS BUNDLE 3 $9,792.22 $0.00 $9,792.22 Year 3 CLASSMUAS AXON AIR, CLASS M UAS BUNDLE 3 $4,032.11 $0.00 $4,032.11 Year 3 Fleet3A Fleet 3 Advanced 46 $110,239.93 $3,363.11 $113,603.04 Year 3 ProLicense Pro License Bundle 8 $4,055.98 $0.00 $4,055.98 Total $255,852.49 $4,329.81 $260,182.30
Dec 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 100112 AXON AIR, E.COM PILOT DATA LIC 10 $3,456.00 $0.00 $3,456.00 Year 4 100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 ($2,404.37) $0.00 ($2,404.37) Year 4 100588 AXON AIR, REMOTE ADD-ON (CLASS 2) 3 $14,400.11 $0.00 $14,400.11 Year 4 100590 MY90 LICENSE 101 $11,829.12 $0.00 $11,829.12 Year 4 100824 AXON AIR DEDRONE AERIAL ARMOR DDAAS FOR LOCAL GOVERNMENT 1 $3,999.99 $410.00 $4,409.99 Year 4 12024 AXON AIR, MOBILE STREAMING LICENSE 1 $2,304.00 $0.00 $2,304.00 Year 4 12344 AXON AIR, FOTOKITE CONNECT LICENSE 1 $2,684.00 $0.00 $2,684.00

Dec 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 12346 AXON AIR, FOTOKITE SIGMA MOBILE 1 $5,431.20 $556.70 $5,987.90 Year 4 73478 REDACTION ASSISTANT USER LICENSE 101 $11,829.12 $0.00 $11,829.12 Year 4 73682 AUTO TAGGING LICENSE 101 $11,829.12 $0.00 $11,829.12 Year 4 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 101 $31,560.49 $0.00 $31,560.49 Year 4 BasicLicense Basic License Bundle 97 $18,915.00 $0.00 $18,915.00 Year 4 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 13 $889.20 $0.00 $889.20 Year 4 BWCamTAP Body Worn Camera TAP Bundle 101 $6,785.11 $0.00 $6,785.11 Year 4 CLASS1UAS AXON AIR, CLASS 1 UAS BUNDLE 2 $4,224.16 $0.00 $4,224.16 Year 4 CLASS2UAS AXON AIR, CLASS 2 UAS BUNDLE 3 $9,792.22 $0.00 $9,792.22 Year 4 CLASSMUAS AXON AIR, CLASS M UAS BUNDLE 3 $4,032.11 $0.00 $4,032.11 Year 4 Fleet3A Fleet 3 Advanced 46 $110,239.93 $3,363.11 $113,603.04 Year 4 ProLicense Pro License Bundle 8 $4,055.98 $0.00 $4,055.98 Total $255,852.49 $4,329.81 $260,182.30
Dec 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 100112 AXON AIR, E.COM PILOT DATA LIC 10 $3,456.00 $0.00 $3,456.00 Year 5 100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 ($2,404.37) $0.00 ($2,404.37) Year 5 100588 AXON AIR, REMOTE ADD-ON (CLASS 2) 3 $14,400.11 $0.00 $14,400.11 Year 5 100590 MY90 LICENSE 101 $11,829.12 $0.00 $11,829.12 Year 5 100824 AXON AIR DEDRONE AERIAL ARMOR DDAAS FOR LOCAL GOVERNMENT 1 $3,999.99 $410.00 $4,409.99 Year 5 12024 AXON AIR, MOBILE STREAMING LICENSE 1 $2,304.00 $0.00 $2,304.00 Year 5 12344 AXON AIR, FOTOKITE CONNECT LICENSE 1 $2,684.00 $0.00 $2,684.00 Year 5 12346 AXON AIR, FOTOKITE SIGMA MOBILE 1 $5,431.20 $556.69 $5,987.89 Year 5 73478 REDACTION ASSISTANT USER LICENSE 101 $11,829.12 $0.00 $11,829.12 Year 5 73682 AUTO TAGGING LICENSE 101 $11,829.12 $0.00 $11,829.12 Year 5 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 101 $31,560.49 $0.00 $31,560.49 Year 5 BasicLicense Basic License Bundle 97 $18,915.00 $0.00 $18,915.00 Year 5 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 13 $889.20 $0.00 $889.20 Year 5 BWCamTAP Body Worn Camera TAP Bundle 101 $6,785.11 $0.00 $6,785.11 Year 5 CLASS1UAS AXON AIR, CLASS 1 UAS BUNDLE 2 $4,224.16 $0.00 $4,224.16 Year 5 CLASS2UAS AXON AIR, CLASS 2 UAS BUNDLE 3 $9,792.22 $0.00 $9,792.22 Year 5 CLASSMUAS AXON AIR, CLASS M UAS BUNDLE 3 $4,032.11 $0.00 $4,032.11 Year 5 Fleet3A Fleet 3 Advanced 46 $110,239.93 $3,363.11 $113,603.04 Year 5 ProLicense Pro License Bundle 8 $4,055.98 $0.00 $4,055.98 Total $255,852.49 $4,329.80 $260,182.29

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.

Exceptions to Standard Terms and Conditions
Agency has existing contracts #00055717, #00055836, #00071137, #00082843 (originated via Q-311903, Q-312507, Q-342153, Q-428525) and is terminating those contracts upon the new license start date (1/15/2024) of this quote.

The parties agree that Axon is granting a refund of $12,021.87 to refund paid, but undelivered services. This discount is based on a ship date range of 12/15/2023 - 12/31/2023, resulting in a 1/15/2024 license date. Any change in this date and resulting license start date will result in modification of this discount value which may result in additional fees due to or from Axon.

This credit is contingent upon agency payment of any outstanding invoices including and not limited to contract #00055717 in full and Y2 invoice of contract #00082843 (to be invoiced 11/2023).
\s1\ \d1\
Signature Date Signed
9/1/2023

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 Hawthorne Police Dept. - 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
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
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
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.
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. 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.

AGENDA ITEM NO.

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting on September 12, 2023
Originating Department: City Manager
City Manager: __________________
Vontray Norris
SUBJECT:

Overview of the South Bay Cities Council of Government FY 2023-2024 Membership Dues RECOMMENDED MOTION:

Staff Recommends that the City Council receive and file services provided by the South Bay Cities Council of Government.

DISCUSSION:

In 1992, the South Bay Cities Association (SBCA) agreed to serve as the sub-regional body to participate in the SCAG Regional Comprehensive Plan process. Funds were provided to hire a consultant team and the project began in the spring of 1993. The SBCA began devoting its time to in-depth discussions of regional and sub-regional issues. In 1994, the South Bay Cities Association formally became a Council of Governments by establishing a legal Joint Powers Agreement (JPA). Its members are Carson, El Segundo, Gardena, Hawthorne, Hermosa Beach, Inglewood, Lawndale, Lomita, Los Angeles (Harbor Gateway/San Pedro areas), Manhattan Beach, Palos Verdes Estates, Rancho Palos Verdes, Redondo Beach, Rolling Hills, Rolling Hills Estates and Torrance.

Starting in 1999, LA County Supervisors Don Knabe and Yvonne Braithwaite Burke provided annual financial contributions to the SBCCOG. The county became an official member of the SBCCOG in 2009, with representatives on the SBCCOG Board of Directors from both Districts 2 and 4.

Currently, the South Bay Cities Council of Government provides all members with a leadership forum for South Bay local governments to act collaboratively and advocate for regional issues with a focus on improving transportation, the environment, and strengthening economic development. The SBCCOG has implemented guiding principles:

• Promote cooperation among member agencies in the discussion of issues of mutual interest.
• Act collaboratively on programs or activities that can be better accomplished collectively than by any one jurisdiction.
• Acknowledge each jurisdiction’s independence while advocating for the South Bay with one voice.
• Support member proposals that further the mission, vision, and goals of SBCCOG. • Identify challenges and opportunities that transcend jurisdictional boundaries. • Seek solutions to issues of common concern without duplicating or harming other agencies’ efforts.
• Represent the interests of the South Bay with other governing bodies and organizations. • Seek resources from county, regional, state, and federal agencies that will benefit the South Bay.

The South Bay Cities Council of Governments (SBCCOG) is a joint powers authority comprised of sixteen cities and the County of Los Angeles. It embarked upon a strategic planning process in the third quarter of 2013 and completed it in early 2014. The process included three focus groups, an online questionnaire to members, and a strategic planning workshop. The strategic plan that resulted contains goals and strategies that were identified as important to achieving the organization’s mission and vision.

The South Bay Cities Council of Government has assisted the City of Hawthorne with the following items:
• Transportation: SBCCOG facilitates annual calls for projects for transportation projects for both Measure R and Measure M subregional programs. The City can apply for funding through these processes to design and build transportation projects. The SBCCOG is also developing and facilitating the implementation of alternative transportation concepts such as the Local Travel Network
• Energy: SBCCOG facilitated programs through regional partnerships such as the Regional Energy Network on efforts such as facility equipment inventories and AB 802 reporting requirements; ENERGY STAR Portfolio Manager updates; identifies projects for rebates/incentives; promotes residential and student energy efficiency programs; and more
• Water: SBCCOG facilitates water efficiency programs and distributes information at community events in the City
• Climate Action Planning/Adaptation Planning: The SBCCOG has developed/is developing city climate action plans and climate adaptation plans include a description of the impacts a city or region will likely face due to climate change (Vulnerability Assessment), and actions a local jurisdiction can take to reduce or minimize the harm from such impacts • Technology: SBCCOG implemented the South Bay Fiber Network and connected sites within the City to the high-speed secure network. SBCCOG is also developing plans for a neighborhood digital hub that would bring high-tech services to neighborhoods

• Homelessness/Seniors: SBCCOG facilitates funding of City projects addressing homelessness through Measure H funding allocated to the SBCCOG. The SBCCOG also facilitates and coordinates homeless services within the South Bay. • Regional Planning/Housing: The SBCCOG's regional planner is helping city planning departments with a variety of issues/projects. The SBCCOG is leading the implementation of several Regional Early Action Planning Projects which will provide various types of housing-related information upon completion. The planner also meets with city staff and keeps them updated on significant issues related to housing (new state laws, etc). The SBCCOG is also evaluating a Regional Housing Trust to facilitate the development of affordable housing in participating cities.
• Advocacy: the SBCCOG facilitates regional advocacy at the County/State/Federal level on a variety of issues relevant to member cities and leverages relationships with South Bay legislators to advance issues
Currently, the City of Hawthorne has memberships with;
Southern California Association of Governments (SCAG) is a Joint Powers Authority under California state law, established as an association of local governments and agencies that voluntarily convene as a forum to address regional issues. Under federal law, SCAG is designated as a Metropolitan Planning Organization (MPO) and under state law as a Regional Transportation Planning Agency and a Council of Governments.

The SCAG region encompasses six counties (Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura) and 191 cities in an area covering more than 38,000 square miles. The agency develops long-range regional transportation plans including sustainable communities’ strategy and growth forecast components, regional transportation improvement programs, regional housing needs allocations, and a portion of the South Coast Air Quality management plans. In 1992, SCAG expanded its governing body, the Executive Committee, to a 70-member Regional Council to help accommodate new responsibilities mandated by the federal and state governments, as well as to provide a more broad-based representation of Southern California’s cities and counties. With its expanded membership structure, SCAG created regional districts to provide for more diverse representation. The districts were formed with the intent to serve equal populations and communities of interest. Currently, the Regional Council consists of 86 members.

In addition to the six counties and 191 cities that make up SCAG’s region, there are six County Transportation Commissions that hold the primary responsibility for programming and implementing transportation projects, programs, and services in their respective counties.

Additionally, SCAG Bylaws provide for representation of Native American tribes and Air Districts in the region on the Regional Council and Policy Committees.

California Contract Cities Association strives to provide world-class educational opportunities for our members. We firmly believe knowledge is the best tool each of us possesses to be more effective leaders and to promote the betterment of our cities. We proudly offer numerous educational seminars, conferences, and meetings each year to provide our members with the latest policy updates and collaborative efforts to tackle the most challenging issues facing

today’s local elected officials. Our major conferences and seminars provide local elected officials with a unique perspective on how neighboring cities are working toward solving complex problems our cities face. Our unique relationship with the University of Southern California Sol Price School of Public Policy sets us apart from any other organization and allows us to offer extensive, university-level executive education to our members.

Representing 76 cities and more than 7.5 million residents, the California Contract Cities Association is stronger than it’s ever been. Our strength comes from our numbers and our unrivaled ability to navigate the legislative and policy-making processes. The California Contract Cities Association has fiercely advocated for the rights of cities to practice the contracting model and to strengthen local control since 1957. We are the premier advocacy association in Los Angeles County and beyond and have advocated successfully for our member cities for more than 63 years.

League of California Cities has been shaping the Golden State’s political landscape since the association was founded in 1898. We defend and expand local control through advocacy efforts in the Legislature, at the ballot box, in the courts, and through strategic outreach that informs and educates the public, policymakers, and opinion leaders. Cal Cities also offers education and training programs designed to teach city officials about new developments in their field and exchange solutions to common challenges facing their cities. The League of California Cities represents 472 cities in California. Among other things, it advocates for maintaining local authority over zoning and land use.

Independent Cities Association is a 501 (c)(3) nonprofit corporation founded in 1960. It is made up of nearly 40 member cities in the Southern California area and focuses on public safety, education, infrastructure, intergovernmental relationships, and other major issues that transcend the boundaries of its member cities. ICA holds two Annual Seminars bringing together city council members, city officials, and business partners for collaboration, networking, and knowledge exchange. The Winter Seminar (held in January) addresses public safety and the Summer Seminar (held in July) focuses on contemporary issues. ICA is committed to helping member cities provide a strong and diverse local economy for their constituents. ICA supports legislation that provides cities additional tools for business development, business retention, workforce development, and job creation. ICA also supports legislative actions that create new tools to encourage redevelopment and fill the void left by the dissolution of Redevelopment Agencies. ICA provides up-to-date resources that keep elected officials well-informed on current issues facing economic development at the local level.

FISCAL IMPACT:

Membership Dues – The fiscal Year 2023-2024 $34,595

NOTICING PROCEDURES:
72 hours posted notice under the Ralph M. Brown Act
ATTACHMENT(S):

AGENDA ITEM NO. 39

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of September 12, 2023
Originating Department: Public Works
City Manager: __________
Vontray Norris
Dir. of Public Works: ___________
Akbar Farokhi
SUBJECT:

Progress Payment #1 in the amount of $488,880.71 due to Martinez Landscape Company, Inc. of Sylmar, CA for General Maintenance. (Project #22-05) RECOMMENDED MOTION:

Staff recommends that the City Council approve this Progress Payment #1 to Martinez Landscape Company, Inc. of Sylmar, CA.

DISCUSSION:

This contract encompasses various crucial maintenance activities, including the City’s Weed Abatement Project, landscape and general maintenance needs, and specific tasks such as concrete and asphalt replacement,t sidewalk, curb and gutter replacements. Additionally, it includes essential tree planting, removal, and maintenance services for the medians along Hawthorne Blvd, Prairie Ave, Inglewood Ave and Imperial Hwy. These contract maintenance activities are designated to complement the work performed by City Staff as required.

Furthermore, the contract incorporated regular debris maintenance on Caltrans right of way, ensuring that roads and adjacent areas remain free from obstructions. This work plays a vital role inn preserving safe and accessible roadways, while also preventing the accumulation of trash, plastic, and other debris from being washed into our storm drains by rainwater. By effectively management debris, the contract helps the safeguard the cleanliness and functionality of the surrounding environment.

Lastly, this invoice includes the rehabiltation of the City Chambers, Holly Park netting installation, and Bridge of Hope electrical work.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

Overall, a citywide general maintenance contract serves as a foundation for economic development by improving infrastructure, enhancing aesthetics, promoting safety, demonstrating environmental stewardship, and optimizing efficiency. These factors collectively contribute to attracting businesses, encouraging investment, and fostering a vibrant and prosperous local economy.

FISCAL IMPACT:

None. Funds for this payment in the amount of $488,880.71 are available in the adopted Fiscal Year 2022-23 budget and will be paid for with approved and allocated funds from Proposition C, Measure R, and Non Gas Tax Funds.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. Progress Payment #1

AGENDA ITEM NO. 41

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of September 12, 2023
Originating Department: City Attorney
City Manager:______________ City Attorney:_________________ Vontray Norris Robert M. Kim
SUBJECT:

Proposed Opposition to AB 825 that Removes a City’s ability to Regulate Bicycles on Sidewalks (Vargas)
RECOMMENDED MOTION:

Staff Recommends that the City Council discuss and determine whether the City should oppose AB 825, and authorize the City Manager to sign the proposed letter opposing AB 825.

DISCUSSION:

AB 825 was introduced because an LA Times investigation found that LA County Sheriff’s deputies pulled over Latino cyclists at a disproportionate rate compared to other riders. If passed, AB 825 would stop cities from restricting cycling on a sidewalk when a proper bike lane does not exist (Class I, Class II, or Class IV bikeways). The only exceptions are Business Activity Districts and streets with a posted speed limit of 20 mph or lower.

AB 825 responds on a state-wide basis to a situation that has been identified as existing in only those portions of Los Angeles County that fall under the jurisdiction of the Los Angeles County Sheriff’s Department. Individual cities that have their own law enforcement agencies will be impacted by the new law even though they have not been identified as jurisdictions with a disproportionate stop of Latino cyclists.

AB 825 does not address the well-documented safety risks including those reported by federal and state agencies associated with shared sidewalks. Cyclists can go too fast, lose control, and collide with a pedestrian. This can be even more dangerous for vulnerable populations, including the disabled, elderly, and younger children. This is especially true when a cyclist is approaching from behind a pedestrian who may be unaware of their presence until they are struck by the bicyclist. AB 825 previously contained some protections for pedestrians, including a maximum speed limit for cyclists on sidewalks. The author eliminated that provision, along with a

requirement that cyclists yield the right-of-way to pedestrians, making the bill far worse than its earlier versions.

To avoid litigation, cities would need to adopt an ordinance containing findings from studies requiring cyclists to ride safely and reasonably, as well as yield the right-of-way to pedestrians.

The ordinance would require an enforcement mechanism to assure that cyclists conform to the safety guidelines. The City would also need to make costly and possibly unwarranted investments in new bike lanes. Regardless of new ordinances and investment in safety measures, the City would still be open to new legal risks. The bill would make it easier for the plaintiff (pedestrian) and the defendant (cyclist) to sue the city when there is a collision. A court would then need to decide what is “reasonable” when the City’s ability to control use of the sidewalk has been removed.

FISCAL IMPACT:

None.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act.

ATTACHMENT(S):

1. Proposed letter opposing AB 825.

August 31, 2023
The Honorable Anthony J. Portantino
Senate Committee on Appropriations
1021 O Street, Suite 7630
Sacramento, CA 95814
RE: AB 825 (Bryan) Vehicles: Bicycles on Sidewalks.

Notice of OPPOSITION (As amended August 14)
Dear Senator Portantino,
The City of Hawthorne oppose AB 825 (Bryan) which would bar a local authority from prohibiting the operation of a bicycle on a sidewalk adjacent to a highway corridor that does not include a bikeway. While we appreciate conversations with the author’s office, AB 825 undermines local control of their streets and places the onus of requiring safe bicycling behavior on local municipalities and not the cyclists. As such, this bill raises several fiscal and policy concerns for cities.

Costs. AB 825 will prohibit local authorities from restricting cycling on the sidewalk when a dedicated bike lane does not exist, thus forcing cities to regulate their sidewalks only if they make significant and costly capital improvement projects to add a bicycle lane to their local streets and roads. However, much like the state experiencing fiscal challenges, cities across the state do not have the budgets to transform their roadways to prioritize these allocations.

Safety. In general, riding on the sidewalk is not inherently safe, especially for nearby pedestrians. As noted in the Senate Transportation Committee’s analysis, “According to the National Highway Traffic Safety Administration, riding a bicycle on a sidewalk is often unsafe for both cyclists and pedestrians using the sidewalk. Several studies have shown that crash and injury risks are higher to cyclists on bicycle paths that are shared with pedestrians than on paths that are separated or dedicated to cycles. A review of 23 studies on cycling safety summarized in the report “The Impact of Transportation Infrastructure on Bicycling Injuries and Crashes” estimates that the risk of collisions while riding on the sidewalk is 1.8 to 16 times that of riding on the road primarily because of unexpected or blind conflicts with crossing or turning traffic at intersections, doorways, and driveways.

Caltrans notes in their Highway Design Manual that sidewalks should NOT be designated for bicycle travel. Wide sidewalks that do not meet design standards for bicycle paths or bicycle routes also may not meet the safety and mobility needs of bicyclists. Wide sidewalks can encourage higher speed bicycle use and can increase the potential for conflicts with turning traffic at intersections as well as with pedestrians and fixed objects. In residential areas, sidewalk riding by young children too inexperienced to ride in the street is common. It is inappropriate to The Honorable Anthony J. Portantino
August 31, 2023

sign these facilities as bikeways because it may lead bicyclists to think it is designed to meet their safety and mobility needs. Bicyclists should not be encouraged (through signing) to ride their bicycles on facilities that are not designed to accommodate bicycle travel.

Recent amendments remove maximum speed limits placed on cyclists when using sidewalks and does not permit local jurisdictions to establish local speed limits. Further, new amendments do not require a cyclist to yield the right-of-way to pedestrians. Only when a local jurisdiction passes an ordinance or resolution may such a requirement be enforced.

Increases liability. There is a risk of a cyclist going too fast, losing control, and colliding with a pedestrian. This situation occurs far too often and can be even more dangerous for more vulnerable populations, including the disabled, elderly, and younger children, especially when a cyclist is approaching from behind. This occurred in San Francisco on the southeast corner of 17th and Guerrero streets when an elderly woman suffered extensive injuries (requiring surgery) after being hit by a bike on the sidewalk.

While we support efforts to enhance safety for cyclists, we must respectfully oppose AB 825 because it usurps local transportation decision-making and shifts a problem from the streets to the sidewalks. If you have any questions, do not hesitate to contact me directly at [email protected] or (310) 349-2910.

Sincerely,
Vontary Norris
City Manager
cc. The Honorable Issac Bryan
Members, Senate Appropriations Committee
Mark McKenzie, Chief Consultant, Senate Appropriations Committee Heather Wood, Consultant, Senate Republican Caucus