La Mesa City Council
January 27, 2026

LA MESA CITY COUNCIL
AGENDA

A Regular Meeting of the City Council

Date: Tuesday, January 27, 2026, 6:00 p.m.

Location: City Council Chambers, 8130 Allison Avenue
La Mesa, California
Elected
Officials:

Mayor Mark Arapostathis
Vice Mayor Lauren Cazares
Councilmember Patricia N. Dillard
Councilmember Laura Lothian
Councilmember Genevieve Suzuki
City Treasurer Matthew Strabone
Staff: City Manager Greg Humora
City Attorney Glenn Sabine
City Clerk Megan Wiegelman
The City Council meeting may be viewed in-person or live on Cox Cable Channel 24 (within La Mesa City limits), AT&T U-Verse Channel 99 (in the San Diego Region), the City’s website (www.cityoflamesa.gov), the City's YouTube channel (www.youtube.com/cityoflamesa) or using the following Zoom Webinar options:

The public may view the meeting live using the following remote options:

Teleconference Meeting Webinar
https://us06web.zoom.us/j/84472650722
Telephone (Audio only)
(669) 900-6833 or (253) 215-8782 Webinar ID: 844 7265 0722 Copy and paste the webinar link into your internet browser if the webinar link does not work directly from the agenda.

PUBLIC COMMENTS
In-Person comments during the meeting: Join us for the City Council meeting at the time and location specified on this agenda to make your comments. Please complete a “Request to Speak” card and submit it to the Council Hostess. When the Mayor calls your name, step to the podium and state your name for the record. Comments will be limited to three (3) minutes.
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How to submit eComments: eComments are available once an agenda is published.

Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on. eComments can be submitted when the agenda is published and until 24 hours prior to the meeting. eComments are limited to 3700 characters (approximately 500 words). eComments may be viewed by the City Council and members of the public following the close of the eComment submission period (24 hours prior to the meeting). Email your comment to [email protected] if you have difficulty submitting an eComment. eComments will not be read aloud as a regular meeting item; however, any member of the Council or member of the public may do so during their respective comment time.
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PLEASE NOTE: Public Comment will be limited to 3 minutes per item. The timer begins when the participant begins speaking. Time cannot be combined or yielded to another speaker. *Live Remote Public Comment ONLY permitted during Councilmember teleconferencing pursuant to California Government Code Section 54953 (AB 2449).
*Zoom Audio Comments: To provide oral public comments during the meeting, join the Zoom meeting by computer, mobile phone, or dial in number. On Zoom video conference by computer or mobile phone, use the “Raise Hand” feature. This will notify the moderator that you wish to speak during a specific item on the agenda or during non-agenda Public Comment. Members of the public will not be shown on video but will be able to speak when called upon. If joining the meeting using the Zoom dial-in number, you may raise your hand by pressing *9. Comments will be limited to three (3) minutes. No further comments will be entertained after the Mayor closes public comment. •
Citizens who wish to make an audio/visual presentation pertaining to an item on the agenda, or during Public Comments, should contact the City Clerk’s office at 619.667.1120, no later than 12:00 p.m., the Monday prior to the meeting day. Advance notification will ensure compatibility with City equipment and allow Council meeting presentations to progress smoothly and in a consistent and equitable manner. Please note that all presentations/digital materials are considered part of the maximum time limit provided to speakers.

Agenda reports for items on this agenda are available for public review at the City Clerk's Office, 8130 Allison Avenue, during normal business hours.

Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office, 8130 Allison Avenue, during normal business hours.

ACCESSIBILITY: The City of La Mesa encourages the participation of disabled individuals in the services, activities and programs provided by the City. Individuals with disabilities, who require reasonable accommodation in order to participate in the City Council meetings, should contact the Human Resources Department 48 business hours prior to the meeting at 619.667.1175, fax 619.667.1163, or [email protected].

Hearing assisted devices are available for the hearing impaired. A City staff member is available to provide these devices upon entry to City Council meetings, commission meetings or public hearings held in the City Council Chambers. A photo ID or signature will be required to secure a device for the meeting.

Pages

1. CALL TO ORDER

1.1 INVOCATION - COUNCILMEMBER SUZUKI

1.2 PLEDGE OF ALLEGIANCE

2. CITY MANAGER COMMENTS

3. COMMUNITY BULLETIN REPORTS

4. ADDITIONS AND/OR DELETIONS TO THE AGENDA

5. PRESENTATIONS

5.1 CLIMATE ACTION PLAN PROGRESS REPORT PRESENTATION 1

5.2 PRESENTATION OF THE PUBLIC PARTNER OF THE YEAR AWARD

TO THE CITY OF LA MESA BY THE SAN DIEGO COUNTY BICYCLE

COALITION
2 6. PUBLIC COMMENTS – (TOTAL TIME – 15 MINUTES)
NOTE: In accordance with state law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take any action on the item at this meeting.

If appropriate, the item will be referred to Staff or placed on a future agenda.

7. CONFLICT DISCLOSURES

8. BOARD AND COMMISSION INTERVIEWS

8.1 ANNUAL INTERVIEW OF APPLICANTS FOR OPENINGS ON THE
CITY’S COMMUNITY POLICE OVERSIGHT BOARD
3 Staff Reference: Ms. Wiegelman

8.2 INTERVIEW OF APPLICANTS FOR THE UNSCHEDULED VACANCY

ON THE PARKS AND RECREATION COMMISSION
6 Staff Reference: Ms. Wiegelman

9. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which members of the Council or audience may pull items from the CONSENT CALENDAR for discussion. Public Comments are also invited on Consent Calendar items.

10. CONSENT CALENDAR
(Items 10.1 through 10.6)
The Consent Calendar includes items considered to be routine. Unless discussion is requested by members of the Council or audience, all Consent Calendar items may be approved by one motion.

Recommended Motion:

Approve Consent Calendar Items 10.1 through 10.6.

10.1 APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT

OF ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING
Recommended Motion:

Approve.

10.2 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD TUESDAY, JANUARY 13, 2026
9 Recommended Motion:

Approve.

10.3 ACCEPTANCE OF THE SINGLE AUDIT OF FEDERALLY ASSISTED GRANT PROGRAMS FOR THE YEAR ENDING JUNE 30, 2024
15 Staff Reference: Ms. Esenwein
Recommended Motion:

Approve.

10.4 LA MESA PEDESTRIAN AND BICYCLE SAFETY PROGRAM GRANT

APPLICATION
37 RESOLUTION AUTHORIZING THE SUBMITTAL OF A GRANT

APPLICATION TO THE CALIFORNIA OFFICE OF TRAFFIC SAFETY
(OTS) GRANT PROGRAM TO PROVIDE ADDITIONAL FUNDING FOR

THE LA MESA PEDESTRIAN AND BICYCLE SAFETY PROGRAM

AND IF AWARDED, ACCEPTING AND APPROPRIATING FUNDS

FOR THE PROJECT
Staff Reference: Mr. Throne
Recommended Motion:

Adopt Resolution.

10.5 RESOLUTION AUTHORIZING AN AGREEMENT WITH AXON
ENTERPRISE, INC. FOR AXON PRODUCTS AND SERVICES
42 Staff Reference: Chief Sweeney
Recommended Motion:

Adopt Resolution.

10.6 RESOLUTION AUTHORIZING AN AGREEMENT WITH CCS FACILITY

SERVICES FOR JANITORIAL AND CUSTODIAL SERVICES FOR

CITY FACILITIES
104
Staff Reference: Mr. Munzenmaier
Recommended Motion:

Adopt Resolution.

11. ORDINANCES: FIRST READING

11.1 CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF LA MESA REPEALING LA MESA MUNICIPAL CODE
CHAPTER 18.18 - SIDEWALK CAFES
136
Staff Reference: Ms. Santos
Recommended Motion:

Approve the introduction and first reading of the Ordinance.

12. STAFF REPORTS

12.1 CONSIDERATION OF RESOLUTION ADOPTING A POLICY FOR

SIDEWALK DINING IN COMMERCIAL ZONES
146
Staff Reference: Ms. Santos
Recommended Motion:

Adopt Resolution.

13. COUNCIL INITIATED

13.1 ELECTRIC MICROMOBILITY VEHICLES (E-BIKES) ORDINANCE 209

CONSIDERATION OF DIRECTING STAFF TO DRAFT AN
ORDINANCE ESTABLISHING RULES GOVERNING THE USE OF EBIKES WITHIN THE CITY TO PROTECT THE HEALTH, SAFETY, AND

WELFARE OF RIDERS OF E-BIKES AND THE GENERAL PUBLIC -

COUNCILMEMBER SUZUKI

13.2 CONSIDERATION OF THE CITY BECOMING A MEMBER OF THE GovAI COALITION FOUNDED BY THE CITY OF SAN JOSE TO

ADVANCE RESPONSIBLE AND PURPOSEFUL ARTIFICIAL

INTELLIGENCE PRACTICES IN THE PUBLIC SECTOR -

COUNCILMEMBER SUZUKI
210

14. COUNCIL COMMITTEE REPORTS (3 MINUTE LIMIT)

15. AB 1234 REPORTS (GC 53232.3(d))

16. CITY ATTORNEY REMARKS

17. ADJOURNMENT
DATE: January 27, 2026
TO: Mayor and Members of the City Council
FROM: Hilary Ego, Environmental Sustainability Manager
VIA: Greg Humora, City Manager
Michael Throne, PE, Director of Public Works
SUBJECT: Climate Action Plan Progress Report Presentation In March 2018, City Council approved the Climate Action Plan (CAP) and updated it in November 2024. The CAP serves as a long-range roadmap with actions the City can take to reduce communitywide greenhouse gas (GHG) emissions in the areas of Clean and Renewable Energy, Building Energy Efficiency, Clean and Efficient Transportation, Water Efficiency, Waste Reduction, and Urban Natural Environment. A progress report to City Council occurs every six months and this presentation will provide a summary of CAP implementation activities from August 2025 to January 2026.

DATE: January 27, 2026
TO: Mayor and Members of the City Council
FROM: Hilary Ego
VIA: Greg Humora, City Manager
Michael Throne, PE, Director of Public Works
SUBJECT: PRESENTATION OF THE PUBLIC PARTNER OF THE YEAR AWARD

TO THE CITY OF LA MESA BY THE SAN DIEGO COUNTY BICYCLE

COALITION
On December 12, 2025, the City of La Mesa was awarded at the Golden Gear Gala the Public Partner of the Year award by the San Diego County Bicycle Coalition. This award recognizes the City for their partnership on bike education and the pilot E-Bike Incentive Program, and leadership to move the City toward a more bike- and walk-friendly future.

The City’s Climate Action Plan includes actions to encourage alternative modes of transportation, such as biking and walking, instead of driving to reduce community-wide greenhouse gas emissions. By partnering with the San Diego County Bicycle Coalition, the City moves towards its Climate Action Plan goals, all while contributing to community benefits such as improving air quality, public health and safety, saving money, and livability.

DATE: January 27, 2026
TO: Mayor and Members of the City Council
FROM: Megan Wiegelman, CMC, City Clerk
VIA: Greg Humora, City Manager
SUBJECT: ANNUAL INTERVIEW OF APPLICANTS FOR OPENINGS ON THE CITY’S COMMUNITY POLICE OVERSIGHT BOARD
The Community Police Oversight Board (“CPOB”) has five Board Member seats open for appointment or reappointment. The openings are for the following seats:
 Police Beat 1
 Police Beat 2
 Police Beat 3
 Police Beat 4
 Advocate for People Experiencing Homelessness, Substance Abuse, Mental Health, or Other Social Issues
The applications from the citizens who wish to be considered for appointment or reappointment to the CPOB are on file in the office of the City Clerk. Attached is a matrix outlining the categories each applicant is eligible to fill. The applicants have been invited to attend the meeting and make a brief presentation describing their qualifications and interest in serving on the CPOB.

The applicants will be called forward by the City Clerk and after each presentation you may ask questions of the applicants, if you wish.

The appointments will be made at a future Council meeting.

Attachment

APPLICATIONS ARE AVAILABLE FOR REVIEW IN THE CITY CLERK’S OFFICE

Police Beat 1 Police Beat 2 Police Beat 3 Police Beat 4 Advocate for People Experiencing Homelessness
Aaron Landau Bonnie Baranoff Clifton Ewbank Todd McCully Bonnie Baranoff Jeffrey McIllwain Elizabeth Morgante Clifton Ewbank
Alexandra Metz Aaron Landau
Susan Reeder Alexandra Metz
Susan Reeder

DATE: January 27, 2026
TO: Mayor and Members of the City Council
FROM: Megan Wiegelman, CMC, City Clerk
VIA: Greg Humora, City Manager
SUBJECT: INTERVIEW OF APPLICANTS FOR THE UNSCHEDULED VACANCY

ON THE PARKS AND RECREATION COMMISSION
Attached is a list of applicants seeking appointment to fill the unscheduled vacancy on the Parks and Recreation Commission.

Applicants have been invited to attend the meeting and provide a brief, three-minute presentation outlining their qualifications and interest in serving.

The City Clerk will call the applicants forward for their interview. Following the presentations, you will have the opportunity to ask questions if desired.

The appointment will be made at the City Council meeting on February 10.

Attachment

Parks and Recreation Commission: One (1) position – four-year term • One appointee will fill the vacancy with term expiring June 30, 2028.

Members shall be resident electors of City of La Mesa and are subject to the Conflict of Interest Code. One appointee shall be nominated by the Grossmont Union High School District.

First Appointed Number of Terms
Jonathan Austin
Cherie Meek
Jason Molen

THE APPLICATIONS ARE AVAILABLE FOR REVIEW IN THE CITY CLERK’S OFFICE

1 La Mesa City Council
Meeting Minutes
Date:

Location:

January 13, 2026, 6:00 p.m.

City Council Chambers, 8130 Allison Avenue
La Mesa, California

Present: Mayor Mark Arapostathis
Vice Mayor Lauren Cazares
Councilmember Patricia N. Dillard
Councilmember Laura Lothian
Councilmember Genevieve Suzuki
Staff: City Manager Greg Humora
Assistant City Manager Amanda Lee
City Attorney Glenn Sabine
City Clerk Megan Wiegelman
Deputy City Clerk Britney Hazzard
_____________________________________________________________________

1. CALL TO ORDER
The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda Items may be taken out of order during the meeting.

The Agenda Items were considered in the order presented.

Mayor Arapostathis called the meeting to order at 6:01 p.m.

1.1 INVOCATION - COUNCILMEMBER SUZUKI

1.2 PLEDGE OF ALLEGIANCE

2. CITY MANAGER COMMENTS
There were no comments.

3. COMMUNITY BULLETIN REPORTS
The Mayor, Council, and staff made announcements and reported on various events taking place in the City. No action was taken.

2 4. ADDITIONS AND/OR DELETIONS TO THE AGENDA
There were no additions or deletions to the agenda.

5. PRESENTATIONS

5.1 STATE OF THE STREETS PRESENTATION
Assistant Director of Public Works Ornelas presented the State of the Streets report, outlining the City of La Mesa’s street system, maintenance zones, and coordinated work sequence for street and infrastructure maintenance, with an emphasis on preventative maintenance. Staff also summarized the results of the Pavement Condition Index (PCI) survey conducted in March 2025, which utilized advanced imaging and laserbased technologies to assess pavement conditions. The presentation concluded with information on how the public may report maintenance and repair needs through SeeClickFix and Public Works contact channels.

Council questions and comments ensued.

6. PUBLIC COMMENTS – (TOTAL TIME – 15 MINUTES)
Barbie Wheeler spoke regarding ongoing issues related to a house on Bellflower Drive.

7. CONFLICT DISCLOSURES
There were no conflicts of interest disclosed.

8. PUBLIC COMMENTS ON CONSENT CALENDAR
There were no comments on Consent Calendar items.

9. CONSENT CALENDAR
(Items 9.1 through 9.6)
Moved By Vice Mayor Cazares
Seconded By Councilmember Suzuki
Approve Consent Calendar Items 9.1 through 9.6.

For (5): Mayor Arapostathis, Vice Mayor Cazares, Councilmember Dillard, Councilmember Lothian, and Councilmember Suzuki
Approved (5 to 0)

3 9.1 APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT OF

ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING
Approve.

9.2 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL REGULAR

MEETING AND CITY OF LA MESA SUCCESSOR AGENCY SPECIAL
MEETING HELD TUESDAY, DECEMBER 9, 2025
Approve.

9.3 APPROVAL OF THE 2026 LIST OF PROCLAMATIONS
Approve.

9.4 RESOLUTION UPDATING THE LIST OF INDIVIDUALS AUTHORIZED

TO INVEST MONEY IN THE LOCAL AGENCY INVESTMENT FUND
Resolution No. 2026-001
Adopt Resolution.

9.5 RESOLUTIONS AMENDING THE FISCAL YEAR 2025-2026

COMPENSATION PLAN
Resolution No. 2026-002 and Resolution No. 2026-003
Adopt Resolutions.
a. RESOLUTION APPROVING SALARY ADJUSTMENTS TO THE
FISCAL YEAR 2025-2026 COMPENSATION PLAN TO REFLECT
NEW MINIMUM WAGE EFFECTIVE JANUARY 1, 2026
Resolution No. 2026-002
Adopt Resolution.
b. RESOLUTION APPROVING SALARY ADJUSTMENTS TO THE

PART-TIME LIFEGUARD POSITIONS IN THE FISCAL YEAR
2025-2026 COMPENSATION PLAN
Resolution No. 2026-003
Adopt Resolution.

9.6 RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 WITH KIMLEYHORN AND ASSOCIATES FOR ON-CALL TRAFFIC ENGINEERING

SERVICES
Resolution No. 2026-004

4 Adopt Resolution.

10. STAFF REPORTS

10.1 CONSIDERATION OF APPOINTING AND/OR REAPPOINTING

COUNCILMEMBERS TO OUTSIDE BOARDS, COMMISSIONS, AND

COMMITTEES, AND TO COUNCIL AD HOC AND STANDING

SUBCOMMITTEES
Moved By Mayor Arapostathis
Seconded By Vice Mayor Cazares
Appoint: (a) Councilmember Lothian as the primary representative on the East County Economic Development Council; (b) Councilmember Suzuki as the primary representative on the Harry Griffen Park Joint Powers Agreement Governing Board; (c) Councilmember Dillard as the primary representative and Vice Mayor Cazares as the alternate representative on the Heartland Communications Facility Authority; (d) Councilmember Dillard as the primary representative and Vice Mayor Cazares as the alternate representative on the Heartland Fire Training Facility Authority; (e) Mayor Arapostathis as the primary representative and Councilmember Lothian as the alternate representative on the La Mesa-Spring Valley School District/City of La Mesa Joint Steering Committee; (f) Councilmember Lothian as the primary representative and Councilmember Suzuki as the alternate representative on the League of California Cities San Diego County Division; (g) Vice Mayor Cazares as the primary representative and Councilmember Suzuki as the alternate representative on the Metro Wastewater Joint Powers Authority; (h) Councilmember Dillard as the primary representative and Mayor Arapostathis as the alternate representative on the San Diego Metropolitan Transit System ("MTS") Board of Directors; (i) Councilmember Suzuki as the primary representative on the Mission Trails Regional Park Task Force; (j) Jessi Brown as the primary representative and Parker Ross as the alternate representative on the Mission Trails Regional Park Citizens' Advisory Committee; (k) Councilmember Lothian as the Council liaison to the Regional Task Force on Homelessness ("RTFH") Continuum of Care ("CoC") Advisory Board; (l) Vice Mayor Cazares as the primary representative, Councilmember Dillard as the first alternate representative, and Councilmember Lothian as the second alternate representative on the San Diego Association of Governments ("SANDAG") Board of Directors; (m) Councilmember Suzuki as the primary representative and Vice Mayor Cazares as the alternate

5 representative on the San Diego Community Power Board of Directors; and (n) Vice Mayor Cazares as the primary representative on the Sweetwater River Watershed Advisory Panel.

For (5): Mayor Arapostathis, Vice Mayor Cazares, Councilmember Dillard, Councilmember Lothian, and Councilmember Suzuki
Approved (5 to 0)
Moved By Mayor Arapostathis
Seconded By Vice Mayor Cazares
(1) Appoint: (a) Vice Mayor Cazares and Councilmember Dillard to the Animal Welfare Standing Subcommittee; (b) Mayor Arapostathis and Councilmember Suzuki to the Audit Standing Subcommittee; (c) Councilmember Dillard and Councilmember Lothian to the Development Approvals Council Liaison Standing Subcommittee; (d) Vice Mayor Cazares and Councilmember Lothian to the Development Permit Process Improvement Standing Subcommittee; (e) Councilmember Dillard and Councilmember Lothian to the Downtown Events Standing Subcommittee; (f) Vice Mayor Cazares and Councilmember Dillard to the Future of MacArthur Park Standing Subcommittee; (g) Councilmember Dillard and Councilmember Lothian to the Public Art Standing Subcommittee; (h) Vice Mayor Cazares and Councilmember Dillard to the Career Exposition Ad Hoc Subcommittee; (i) Vice Mayor Cazares and Councilmember Lothian to the America's 250th Birthday Ad Hoc Subcommittee; (j) Mayor Arapostathis and Councilmember Suzuki to the Child Friendly City Ad Hoc Subcommittee; (k) Mayor Arapostathis and Vice Mayor Cazares to the Citizen Emergency Preparedness Ad Hoc Subcommittee; (l) Mayor Arapostathis and Councilmember Suzuki to the Civic Center Master Plan Ad Hoc Subcommittee; (m) Vice Mayor Cazares and Councilmember Dillard to the Climate Action Plan Update Ad Hoc Subcommittee; and (n) Vice Mayor Cazares and Councilmember Lothian to the Review of the Design Review Board Ad Hoc Subcommittee.

For (5): Mayor Arapostathis, Vice Mayor Cazares, Councilmember Dillard, Councilmember Lothian, and Councilmember Suzuki
Approved (5 to 0)

11. COUNCIL COMMITTEE REPORTS (3 MINUTE LIMIT)

6 The Mayor and Council reported on various outside boards, commissions, and committee meetings they attended. No action was taken.

12. AB 1234 REPORTS (GC 53232.3(d))
There were no reports.

13. CITY ATTORNEY REMARKS
There were no remarks.

14. ADJOURNMENT
Mayor Arapostathis adjourned the meeting at 6:31 p.m.
_________________________
City Clerk

DATE: January 27, 2026
TO: Mayor and Members of the City Council
FROM: Shannon Esenwein, Director of Finance
VIA: Greg Humora, City Manager
SUBJECT: ACCEPTANCE OF THE SINGLE AUDIT OF FEDERALLY ASSISTED GRANT PROGRAMS FOR THE YEAR ENDING JUNE 30, 2024
Attached is the Single Audit of Federally Assisted Grant Programs (Single Audit) for the Fiscal Year ending June 30, 2024. The Single Audit reports on the City’s federally reimbursable expenditures and evaluates compliance with Title 2, US Code of Federal Regulations, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The Single Audit is required when a municipality expends $1 million or more in federal awards during a single fiscal year.

The City engaged the independent auditing firm of Rogers, Anderson, Malody & Scott, CPAs to conduct the FY 2024 Single Audit. As presented in the attached Single Audit Report on Federal Awards, the auditors identified deficiencies in internal control over financial reporting and compliance that were classified as material weakness in findings #2024-001, 2024-002, and 2024-003. The auditors also identified significant deficiencies in internal controls in findings #2024-005, 2024-006, and 2024-007.

Additionally, instances of noncompliance were reported in findings 2024-003, 2024-004, 2024-005, and 2024-007.

Staff responses and corrective action plans addressing the Schedule of Findings are included at the end of the attached Single Audit report.

City of La Mesa
La Mesa, California
Single Audit Report on Federal Awards
Year Ended June 30, 2024

CITY OF LA MESA
Single Audit Report on Federal Awards
Year Ended June 30, 2024
Table of Contents

Page

Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards

1 Report on Compliance for Each Major Federal Program; Report on Internal Control Over Compliance; and Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance

3 Schedule of Expenditures of Federal Awards

6 Notes to the Schedule of Expenditures of Federal Awards

8 Schedule of Findings and Questioned Costs

9 Summary Schedule of Prior Audit Findings

17 Corrective Action Plan

18

Tel. 909-889-0871 | www.ramscpa.net | 735 E. Carnegie Dr. Suite 100, San Bernardino, CA 92408

CERTIFIED PUBLIC ACCOUNTANTS
-1-

REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND

OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN

ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
Independent Auditor’s Report
To the Honorable City Council
City of La Mesa, California
We have audited, in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States (Government Auditing Standards), the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of La Mesa (the City) as of and for the year ended June 30, 2024, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements, and have issued our report thereon dated October 22, 2025.

Report on Internal Control Over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.

Our consideration of internal control was for the limited purpose described in the preceding paragraph and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that have not been identified. However, as described in the accompanying Schedule of Findings and Responses, we identified certain deficiencies in internal control that we consider to be material weaknesses and significant deficiencies.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the City’s financial statements will not be prevented, or detected and corrected on a timely basis. We consider the deficiencies described in the accompanying Schedule of Findings and Responses as items 2024-001, 2024-002, 2024-003 to be material weaknesses.

A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. We consider the deficiencies described in the accompanying Schedule of Findings and Responses as items 2024-005 and 2024-006 to be significant deficiencies.

-2-
Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed an instance of noncompliance or other matter that are required to be reported under Government Auditing Standards, and which are described in the Schedule of Findings and Responses as items 2024-003, 2024-004, 2024-005.

Management’s Response to Findings
Government Auditing Standards requires the auditor to perform limited procedures on the City’s response to the findings identified in our audit and described in the accompanying Schedule of Findings and Responses. The City’s response was not subjected to the other auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on the response.

Purpose of This Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

San Bernardino, California
October 22, 2025

Tel. 909-889-0871 | www.ramscpa.net | 735 E. Carnegie Dr. Suite 100, San Bernardino, CA 92408

CERTIFIED PUBLIC ACCOUNTANTS
-3-
REPORT ON COMPLIANCE FOR EACH MAJOR FEDERAL PROGRAM; REPORT ON INTERNAL CONTROL OVER COMPLIANCE; AND REPORT ON SCHEDULE OF EXPENDITURES OF FEDERAL

AWARDS REQUIRED BY THE UNIFORM GUIDANCE
Independent Auditor’s Report
To the Honorable City Council
City of La Mesa, California
Report of Compliance for Each Major Federal Program
Opinion on Each Major Federal Program
We have audited the City of La Mesa’s (the City) compliance with the types of compliance requirements identified as subject to audit in the OMB Compliance Supplement that could have a direct and material effect on each of the City’s major federal programs for the year ended June 30, 2024. The City’s major federal programs are identified in the summary of auditor’s results section of the accompanying schedule of findings and questioned costs.

In our opinion, the City complied, in all material respects, with the compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2024.

Basis for Opinion on Each Major Federal Program
We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America (GAAS); the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States (Government Auditing Standards); and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Our responsibilities under those standards and the Uniform Guidance are further described in the Auditor’s Responsibilities for the Audit of Compliance section of our report.

We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion on compliance for each major federal program. Our audit does not provide a legal determination of the City’s compliance with the compliance requirements referred to above.

Responsibilities of Management for Compliance
Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with the requirements of laws, statutes, regulations, rules and provisions of contracts or grant agreements applicable to the City’s federal programs.

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Auditor’s Responsibilities for the Audit of Compliance
Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above occurred, whether due to fraud or error, and express an opinion on City’s compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance requirements referred to above is considered material if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about City’s compliance with the requirements of each major federal program as a whole.

In performing an audit in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance, we:
 Exercise professional judgment and maintain professional skepticism throughout the audit.  Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the City’s compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances.
 Obtain an understanding of the City’s internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control over compliance. Accordingly, no such opinion is expressed.

We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit.

Other Matters
The results of our auditing procedures disclosed instances of noncompliance which are required to be reported in accordance with the Uniform Guidance and which are described in the accompanying schedule of findings and questioned costs as items 2024-007. Our opinion on each major federal program is not modified with respect to these matters.

Government Auditing Standards requires the auditor to perform limited procedures on the City’s response to the noncompliance findings identified in our compliance audit described in the accompanying schedule of findings and questioned costs. the City’s response was not subjected to the other auditing procedures applied in the audit of compliance and, accordingly, we express no opinion on the response.

Report on Internal Control Over Compliance
Our consideration of internal control over compliance was for the limited purpose described in the Auditor’s Responsibilities for the Audit of Compliance section above and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies in internal control over compliance and therefore, material weaknesses or significant deficiencies may exist that were not identified. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However, as discussed below, we did identify certain deficiencies in internal control over compliance that we consider to be significant deficiencies.

A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned

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functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. We consider the deficiencies in internal control over compliance described in the accompanying schedule of findings and questioned costs as items 2024-007 to be significant deficiency.

Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed. Government Auditing Standards requires the auditor to perform limited procedures on City’s response to the internal control over compliance findings identified in our compliance audit described in the accompanying schedule of findings and questioned costs. City’s response was not subjected to the other auditing procedures applied in the audit of compliance and, accordingly, we express no opinion on the response.

The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose.

Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City as of and for the year ended June 30, 2024, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements. We issued our report thereon, dated October 22, 2025, which contained unmodified opinions on those financial statements. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the basic financial statements. The accompanying schedule of expenditures of federal awards is presented for purposes of additional analysis as required by the Uniform Guidance and is not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements and certain additional procedures including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the schedule of expenditures of federal awards is fairly stated in all material respects in relation to the basic financial statements as a whole.

San Bernardino, California
January 20, 2026 (except for our report on the Schedule of Expenditures of Federal Awards, for which the date is October 22, 2025)

CITY OF LA MESA
Schedule of Expenditures of Federal Awards Year Ended June 30, 2024 See accompanying notes to the schedule of expenditures of federal awards. -6-
Federal Grantor / Pass-through Grantor / Program Title
Assistance
Listing (AL)
Number
Program Identification
Number
Federal
Expenditures
Amounts
provided to
Subrecipients
U.S. Department of Housing and Urban Development
Direct AwardCDBG-Entitlement Grants Cluster:

Community Development Block Grant 14.218 B-18-MC-06-0551 40,821 $ - $ Community Development Block Grant 14.218 B-20-MW-06-0551 - 30,000 Community Development Block Grant 14.218 B-20-MC-06-0551 11,286 - Community Development Block Grant 14.218 B-21-MC-06-0551 102,885 - Community Development Block Grant 14.218 B-22-MC-06-0551 236,242 - Total AL 14.218 / CDBG-Entitlement Grants Cluster 391,234 30,000 Total - U.S. Department of Housing and Urban Development 391,234 30,000 U.S. Department of Transportation
Passed through the State of California Department of Transportation Highway Bridge Program 20.200 BRLS-5207(036) 63,362 -
Total AL 20.200 - 63,362
Highway Safety Improvement Program 20.205 HSIPL-5207(050) 407,251 - Local Roadway Safety Plan 20.205 HSIPL 5207(048) 7,197 - Total AL 20.205 - 414,448
Highway Safety Cluster:2023-2024 STEP Bike & Pedestrian 20.600 PT23117 24,843 20,811 Total AL 20.600 / Highway Safety Cluster 24,843 20,811
2023-2024 STEP Grant 20.608 PT24098 49,701 -
Total AL 20.608 - 49,701
Total - U.S. Department of Transportation 552,354 20,811 U.S. Department of the Treasury
Direct Assistance
American Rescue Plan 21.027 CSLFRF 343,225 -
Total AL 21.027 - 343,225
Total - U.S. Department of the Treasury 343,225 -

CITY OF LA MESA
Schedule of Expenditures of Federal Awards Year Ended June 30, 2024 See accompanying notes to the schedule of expenditures of federal awards. -7-
Federal Grantor / Pass-through Grantor / Program Title
Assistance
Listing (AL)
Number
Program Identification
Number
Federal
Expenditures
Amounts
provided to
Subrecipients
U.S. Department of Homeland Security
Direct Assistance
Hazard Mitigation Grant 97.039 4344-610-113R 600,282 $ - $ Total AL 97.039 - 600,282
Passed through the City of San Diego
FY 2021 Urban Area Security Initiative Grant 97.067 2021-0081 36,378 - Passed through the County of San Diego
State Homeland Security Grant 2020 97.067 2020-0095 35,997 - State Homeland Security Grant 2021 97.067 2021-0081 11,794 -Operation Stonegarden Grant 2019 97.067 Unknown 1,647 -Operation Stonegarden Grant 2020 97.067 Unknown (76,352) -Operation Stonegarden Grant 2021 97.067 Unknown 186,913 - Total AL 97.067 - 196,377
Total - U.S. Department of Homeland Security 796,659 -
Total Expenditures of Federal Awards 2,083,472 $ 50,811 $

CITY OF LA MESA
Notes to the Schedule of Expenditures of Federal Awards Year Ended June 30, 2024
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(1) Summary of Significant Accounting Policies Applicable to the Schedule of Expenditures of Federal Awards.
(a) Scope of Presentation
The accompanying Schedule of Expenditures of Federal Awards (Schedule) includes the federal activity of the City of La Mesa (City) under programs of the federal government for the year ended June 30, 2024. The information on this Schedule is prepared in accordance with the requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Because the Schedule presents only a selected portion of the operations of the City, it is not intended to and does not present the financial position, changes in net position or cash flows, where applicable, of the City. (b) Basis of Accounting
The expenditures reported on the Schedule are reported on the modified accrual basis of accounting. Such expenditures are recognized following, the cost principles contained in Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, wherein certain types of expenditures are not allowable or are limited as to reimbursement. Negative amounts shown of the Schedule represent adjustments or credits made in the normal course of business to amounts reported as expenditures in prior years. (c) Subrecipients
The City passes certain federal awards received from the U.S. Department of Housing and Urban Development. The City has certain compliance responsibilities, such as monitoring its subrecipients to help assure they use these subawards as authorized by laws, regulations, and the provisions of contracts or grant agreements, and that subrecipients achieve the award’s performance goals.
(d) De Minimis Indirect Cost Rate
The City did not elect to use the 10% de minimis indirect cost rate allowed under the Uniform Guidance.

CITY OF LA MESA
Schedule of Findings and Questioned Costs
Year Ended June 30, 2024
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SECTION I. SUMMARY OF AUDITOR’S RESULTS
Financial Statements
audited were prepared in accordance with GAAP: unmodified Internal control over financial reporting:

Material weakness(es) identified? X Yes No
Significant deficiency(ies) identified? X Yes None Reported Noncompliance material to financial
statements noted? X Yes No
Federal Awards
Internal control over major federal programs:

Material weakness(es) identified? Yes X No
Significant deficiency(ies) identified? X Yes None Reported Any audit findings disclosed that
are required to be reported in
accordance 2 CFR 200.516(a) X Yes No
Identification of major federal programs:

Assistance Listing

21.027

97.039
Dollar threshold used to distinguish
between type A and type B programs: 750,000 $
Auditee qualified as low-risk auditee? Yes X No
Name of Federal Program or Cluster
Type of report the auditor issued on whether the financial statements Type of auditor's report issued on compliance for major federal programs: unmodified Hazard Mitigation Grant program
American Rescue Plan Act

CITY OF LA MESA
Schedule of Findings and Questioned Costs (continued)
Year Ended June 30, 2024
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SECTION II. FINANCIAL STATEMENT FINDINGS
2024-001 – Year-End Closing
Material Weakness
Condition
The City experienced significant delays in completing its annual audit due to excessively late financial statement preparation and inefficiencies in the year-end closing procedures. The lack of timely and accurate financial reporting impairs the City’s ability to meet regulatory deadlines and ensure transparency in its financial operations.

Criteria
The City is required to prepare and submit financial statements prepared in accordance with generally accepted accounting principles (GAAP) and applicable governmental accounting standards. Timely and accurate financial reporting is essential to maintain compliance with regulatory requirements and support informed decision-making.

Cause
The delays and deficiencies in financial statement preparation were primarily due to inadequate internal controls over the financial reporting process, insufficient staffing or training in accounting functions, and ineffective communication among departments responsible for financial reporting. Additionally, the implementation of a new accounting software caused unforeseen challenges, including technical issues, data migration complexities, and extended processing times, which further disrupted the financial closing process.

Effect
The late completion of the audit resulted in noncompliance with reporting deadlines, potential penalties, and a lack of reliable financial data for stakeholders. Additionally, the inefficiencies in the closing procedures increased the risk of material misstatements, errors, and omissions in the financial statements, which could impact the accuracy and integrity of the City’s financial position.

Recommendation
We recommend that the City implement stronger internal controls over the financial reporting process, including:
 Establishing a structured and documented year-end closing schedule with clear responsibilities and deadlines.
 Providing additional training to accounting personnel to ensure proficiency in governmental accounting standards and the newly implemented accounting software.  Enhancing communication and coordination among finance staff to ensure timely reconciliation and review of financial records.
 Investing in financial management systems or resources to improve efficiency and accuracy in financial reporting, while ensuring proper testing and contingency plans for future software implementations.

CITY OF LA MESA
Schedule of Findings and Questioned Costs (continued)
Year Ended June 30, 2024
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SECTION II. FINANCIAL STATEMENT FINDINGS, CONTINUED
2024-001 – Year-End Closing, Continued
Material Weakness
Management Response
See Corrective Action Plan.
2024-002 – Bank Reconciliation
Material Weakness
Condition
The City did not complete bank reconciliations in a timely and consistent manner, leading to incomplete and late reconciliations. This issue increases the risk of undetected errors, misstatements, and potential fraud.

Criteria
Regular and timely bank reconciliations are a fundamental internal control requirement to ensure the accuracy of financial records and the detection of discrepancies. Government accounting standards require entities to perform and document reconciliations as part of their financial management practices.

Cause
The delays in completing bank reconciliations were due to inadequate staffing, insufficient training, and a lack of structured processes to ensure timely completion. Additionally, workflow inefficiencies and competing priorities within the finance department further contributed to the issue.

Effect
Failure to perform timely bank reconciliations increases the risk of financial reporting errors, undetected misappropriation of funds, and inaccurate cash balances. This issue can undermine stakeholders' confidence in the reliability of financial information and create difficulties in financial decision-making.

Recommendation
We recommend that the City strengthen its internal controls over bank reconciliations by:
 Implementing a formal reconciliation schedule with clear deadlines and accountability.  Providing additional training to finance personnel on best practices for timely and accurate reconciliations.
 Allocating sufficient resources to ensure reconciliations are completed consistently.  Regularly reviewing reconciliation reports and promptly addressing any discrepancies.  Exploring automation tools or financial management systems to improve the efficiency of the reconciliation process.

Management Response
See Corrective Action Plan.

CITY OF LA MESA
Schedule of Findings and Questioned Costs (continued)
Year Ended June 30, 2024
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SECTION II. FINANCIAL STATEMENT FINDINGS, CONTINUED
2024-003 – Budgetary Compliance for Fund Transfer
Material Weakness and Noncompliance
Condition
The City processed fund transfers that exceeded approved budgetary amounts, and some funds had transfers without any approved budget. Additionally, management was unable to provide a detailed schedule for disclosure purposes that outlined which transfers were made to and from specific funds. This represents noncompliance with the City's budget policies and financial management requirements.

Criteria
Government entities are required to adhere to approved budgets when making fund transfers to ensure fiscal discipline, compliance with financial policies, and proper oversight of public funds. The City's financial policies require that all fund transfers be properly budgeted, approved and adequately documented.

Cause
The budget overages and unapproved transfers were caused by a lack of adequate monitoring and enforcement of budgetary controls, as well as insufficient review processes before executing fund transfers. Additionally, communication gaps between departments contributed to the issue. The inability to provide a detailed transfer schedule was due to inefficiencies in the tracking and reporting processes.

Effect
Noncompliance with budgetary policies increases the risk of financial mismanagement, potential audit findings, and weakened oversight of public funds. Additionally, improper fund transfers can lead to inaccurate financial reporting and hinder the City's ability to allocate resources effectively. The absence of a detailed transfer schedule also reduces transparency and limits the ability to verify the appropriateness and accuracy of fund movements.

Recommendation
We recommend that the City strengthen its budgetary controls by:
 Implementing a formal review and approval process for all fund transfers to ensure compliance with approved budgets.
 Providing additional training to financial personnel on budgetary compliance and monitoring procedures.
 Establishing regular budget variance reviews to identify and address discrepancies before transfers occur.
 Enforcing stricter internal controls to ensure that all fund transfers are documented, justified, and properly approved in accordance with City policies.

Management Response
See Corrective Action Plan.

CITY OF LA MESA
Schedule of Findings and Questioned Costs (continued)
Year Ended June 30, 2024
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SECTION II. FINANCIAL STATEMENT FINDINGS, CONTINUED
2024-004 – Excess Vacation Leave Balances
Nonmaterial Noncompliance
Condition
There were instances where employee vacation leave accrual balances exceeded the maximum thresholds established by the respective Memorandum of Understanding (MOU) due to errors and oversight in the manual spreadsheet used to track and calculate accrual limits.

Criteria
City policies and MOUs set limits on the amount of vacation leave employees can accrue. Compliance with these limits ensures proper workforce management and reduces financial liabilities associated with excessive leave balances.

Cause
The excess leave balances resulted from calculation errors in the manual tracking of accrual limits.

Effect
Noncompliance with established leave policies increases the City's financial liability and may lead to challenges in managing workforce scheduling and financial liabilities.

Recommendation
We recommend that the City implement stronger monitoring controls over vacation leave accruals by:
 Transitioning from manual spreadsheets to an automated leave management system.  Regularly reviewing and reconciling leave balances to ensure accuracy.  Providing additional training on accurate leave tracking and calculation.

Management Response
See Corrective Action Plan.

CITY OF LA MESA
Schedule of Findings and Questioned Costs (continued)
Year Ended June 30, 2024
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SECTION II. FINANCIAL STATEMENT FINDINGS, CONTINUED
2024-005 – Single Audit Filing
Significant Deficiency and Noncompliance
Criteria
Per the Code of Federal Regulations, Title 2, Subtitle A, Chapter II, Part 200.507(c)(1), regulations state the audit must be submitted within the earlier of 30 calendar days after receipt of the auditor’s report(s), or nine months after the end of the audit period.

Condition
The City was subject to a single audit as more than $750,000 of federal funds were expended during the fiscal year. As of the date of the issuance of the financial statements, the single audit has not been completed and therefore not submitted to the federal clearinghouse or other relevant granting agencies within the prescribed deadline.

Cause
Due to delay of financial reporting and issuance of June 30, 2024, financial statements, the City fell out of compliance with the requirements noted above.

Effect
The City has put their federal funding status at risk for the delays in reporting.

Recommendation
We recommend the City implemented internal controls to perform a timely closing of the audit, which would include the preparation of the schedule of expenditures of federal awards. This would allow for the timely submission of required report to the federal government.

Managements Response
See Corrective Action Plan.

CITY OF LA MESA
Schedule of Findings and Questioned Costs (continued)
Year Ended June 30, 2024
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SECTION II. FINANCIAL STATEMENT FINDINGS, CONTINUED
2024-006 – Financial Reporting - Grant Management
Significant Deficiency
Criteria
The entity has not established adequate internal controls over grant management. Responsibilities for grant oversight have historically been assigned to the Public Works department, with limited involvement from the Finance department. As a result, grant reconciliations and reimbursement submissions have not occurred in a timely manner, leading to delays in receiving grant funds.

Condition
Government Auditing Standards require auditors to report significant deficiencies in internal control that could adversely affect the entity’s ability to initiate, record, process, and report financial data reliably.

Effective grant management typically involves coordination between programmatic and financial staff to ensure timely and accurate reporting and reimbursement.

Cause
The lack of formalized procedures and clear delineation of responsibilities between departments has contributed to inconsistent grant oversight and delayed financial processes.

Effect
Delayed submission of reimbursement requests has resulted in deferred cash inflows, which may impact the entity’s liquidity and financial planning. Additionally, the absence of Finance department involvement increases the risk of misstatements in financial reporting related to grants.

Recommendation
We recommend the entity:
 Establish formal policies and procedures for grant management that clearly define roles and responsibilities.
 Ensure Finance department involvement in all stages of grant administration, including reconciliation and reimbursement.
 Implement periodic reviews to monitor compliance with grant requirements and improve timeliness of submissions.

Managements Response
See Corrective Action Plan.

CITY OF LA MESA
Schedule of Findings and Questioned Costs (continued)
Year Ended June 30, 2024
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SECTION III. FEDERAL AWARD FINDINGS AND QUESTIONED COSTS 2024-007 – Untimely Submission of Project and Expenditure Report Noncompliance and Significant Deficiency
Federal Program
American Rescue Plan Act, Assistance Listing No. 21.027 Criteria
Per U.S. Treasury American Rescue Plan Act reporting requirements and 2 CFR §200.328, recipients are required to submit complete and accurate Project and Expenditure reports in a timely manner as prescribed by the grantor.

Condition
The entity did not submit the required Project and Expenditure report for the American Rescue Plan Act program by the applicable federal due date.

Cause
The entity did not have a formal process or monitoring control in place to ensure American Rescue Plan Act Project and Expenditure reporting deadlines were identified, tracked, and met.

Effect
Failure to submit Project and Expenditure reports timely may result in delayed reimbursements, increased risk of noncompliance with federal requirements, potential questioned costs, and could negatively impact future ARPA funding or other federal grant awards.

Questioned Costs
None.

Recommendation
We recommend the City implement internal controls to perform a timely closing of the audit, which would include the preparation of the schedule of expenditures of federal awards. This would allow for the timely submission of required report to the federal government.

Repeat Finding
Not repeating.

Managements Response
See Corrective Action Plan.

CITY OF LA MESA
Summary Schedule of Prior Audit Findings
Year Ended June 30, 2024
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STATUS OF PRIOR YEAR FINDINGS:

Finding 2023-001 Material Weakness
Not implemented. Reported as finding 2024-001.

Finding 2023-002 Material Weakness
Not implemented. Reported as finding 2024-002.

Finding 2023-003 Noncompliance and Noncompliance
Not implemented. Reported as finding 2024-003.

Finding 2032-004 Significant Deficiency and Noncompliance Not implemented. Reported as finding 2024-004.

Finding 2023-005 Significant Deficiency and Noncompliance Not implemented. Reported as finding 2024-005.

January 22, 2026
Brianna Schultz, CPA
Rogers, Anderson, Malady & Scott, LL-P
RE: Schedule of Findings and Responses - June 30, 2024, Audit Management responses to Schedule of Findings for Year Ended June 30, 2024:
2024-001 Year-End Closing
The Finance Director and consultant have been providing training to staff on year-end closing procedures, balance sheet fundamentals and the flow of funds, and the preparation of lead schedules in accordance with the PBC schedule, and are developing a comprehensive Accounting Procedures Manual that is expected to be completed in fiscal years 2025–2026.
2024-002 Bank Reconciliations
The Acting Finance Director prepared the bank reconciliations through June 30, 2024, and a consulting firm will prepare the reconciliations through December 2025 using Excel due to the complexity of the accounting process and the numerous reconciling items affecting cash. Once the Procedures Manual is completed, responsibility for the bank reconciliations will transition to accounting staff, who will perform the reconciliations using the FinancePlus system, allowing for a more streamlined and timely monthly reconciliation process. 2024-003 Budgetary Compliance for Fund Transfers
The Finance Director and consultant are providing training to accounting staff on the concept of the legal level of budgetary control and on procedures to maintain effective controls over the adopted budget and the final amended budget, including the proper processing of budget transfers.
2024-004 Year-End Closing
Staff are conducting a cleanup of payroll leave balances and reconciling them with Human Resources records on a biweekly basis. This effort will remain a work in progress through the audit for the fiscal year ending June 30, 2025.
2024-005 Single Audit Filing
Staff anticipate being fully current with the Single Audit for the fiscal year ending June 30, 2025, with the report to be filed on or before March 31, 2026. To address this finding, the City Manager will implement a control requiring monthly status updates from the Finance Director on the progress of the Single Audit during the period from September through December each year.
8130 ALLISON AVENUE • LA MESA, CA 91942 • TEL: 619.463.6611 FAX: 619.667.1131

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2024-006 Financial Reporting - Grant Management
The Acting Finance Director implemented a new grants reporting procedure using the FinancePlus system to provide monthly reconciliations of all grants, categorized by local, state, and federal awards. This process was incorporated into Citywide Capital Improvement Fund 540 and provides a reconciliation of grant budgets to monthly capital project activity, ensuring timely billing for reimbursement of grant expenditures and proper accounting for the reduction of deferred revenues when grant funds are received in advance of project expenditures. In addition, Finance staff and personnel from multiple City departments are now actively involved in grant budgeting, accounting, and reporting, strengthening internal controls over grant-related transactions and supporting timely yearend Single Audit completion and compliance with SANDAG, Caltrans, and other grantor agency requirements.
2024-007 Untimely Submission of Project and Expenditure Report Management acknowledges the finding related to the untimely submission of the American Rescue Plan Act (ARPA) Project and Expenditure Report. To address this issue and prevent future occurrences, the City is implementing an ARPA reporting process that clearly defines reporting requirements, deadlines, and responsible personnel, along with a centralized compliance calendar to track all federal grant reporting deadlines and provide reminders to ensure timely submission. Primary responsibility for ARPA reporting has been assigned to designated Finance Department staff, with supervisory review by senior management to ensure reports are complete, accurate, and submitted on time. In addition, Finance staff have received training on federal and ARPA specific reporting requirements, and cross-training will be implemented to ensure continuity in the event of staff absences or turnover. Management will continue to monitor compliance with federal reporting requirements and update internal controls as necessary.

Please contact me if there any questions
Sincerely,
Shannon Esenwein, CPA
8130 Allison Avenue
La Mesa, CA 91942
(619) 667-1122

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REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: January 27, 2026
SUBJECT: RESOLUTION AUTHORIZING THE SUBMITTAL OF A

GRANT APPLICATION TO THE CALIFORNIA OFFICE

OF TRAFFIC SAFETY (OTS) GRANT PROGRAM TO

PROVIDE ADDITIONAL FUNDING FOR THE LA MESA

PEDESTRIAN AND BICYCLE SAFETY PROGRAM AND

IF AWARDED, ACCEPTING AND APPROPRIATING

FUNDS FOR THE PROJECT
ISSUING DEPARTMENT: Public Works
SUMMARY:

Issues:

Should the City Council approve a resolution authorizing the submittal of a grant application to the California OTS Grant Program to fund the La Mesa Pedestrian and Bicycle Safety Program and if awarded, accepting and appropriating the funds for the project?
Recommendation:

Adopt a resolution authorizing the submittal of a grant application to the California OTS Grant Program to fund the La Mesa Pedestrian and Bicycle Safety Program and if awarded, accepting and appropriating the funds for the project.

Fiscal Impact:

The City is seeking $51,480 that would supplement existing planned and budgeted programs approved in the FY26-27 Public Works Environmental Services budget.

City’s Strategic Goals:

Report to Mayor and Councilmembers
Date: January 27, 2026
Page: 2 of 3
 Promote a high quality of life that current and future generations can afford to call home.
 Maintain a community where residents and visitors feel safe.

Climate Action Plan Reduction Strategy:
 T-1: Bicycle and Pedestrian Infrastructure Development  T-2: Transportation Demand Management Program
BACKGROUND:

In 2018, the La Mesa City Council approved a resolution to adopt a Vizion Zero plan to reduce traffic fatalities to zero in the City of La Mesa. Additionally, in 2018, the City adopted a Climate Action Plan (CAP) to reduce community-wide greenhouse gas emission, with transportation emissions from vehicles being the highest source of emissions. The CAP was updated in 2024 and includes measures to reduce emissions from vehicles by increasing pedestrian and bicycle safety education and infrastructure.

The City currently offers community pedestrian and bicycle safety programs such as the La Mesa Walks Program and free bicycle education classes. Pedestrian and bicycle safety remains a top priority as noted in the 2025 Community Opinion Survey and activities to create a pedestrian friendly and walkable community are sought-out by staff.

DISCUSSION:

The California OTS Grant Program will assist in the expansion of the City’s pedestrian and bicycle safety programs to effectively reach more community members. The OTS Grant Program’s priority program area for this application is “Pedestrian and Bicycle Safety.” If the City is successful in obtaining OTS funds, the following community benefits would be offered as part of the La Mesa Pedestrian and Bicycle Safety Program:
 Neighborhood pedestrian and bicycle audits
 Free community bicycle education events
o Safety workshops
o Pilot open streets event
o Bike tune-ups
o City cycling classes
o Bike rodeos and skills drills
 Safety gear for community members (e.g. helmets, reflective arm bands, lights)  Helmet audits
 Education campaign (e.g. flyers, graphics, and videos) The City aims to engage community members with traffic safety resources to

Report to Mayor and Councilmembers
Date: January 27, 2026
Page: 3 of 3
encourage pedestrian and bicycle safety and these efforts will be conducted in partnership with a contracted safety consultant.

CONCLUSION:

Staff recommends City Council adopt a resolution authorizing the submittal of a grant application to the California OTS Grant Program to fund the La Mesa Pedestrian and Bicycle Safety Program and if awarded, accepting and appropriating the funds for the project.

Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Michael Throne, PE
City Manager Director of Public Works
____________________________
Hilary Ego
Environmental Sustainability Manager
Attachments: A: Resolution

RESOLUTION NO. 2026-____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA

AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION TO THE

CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) GRANT PROGRAM TO

PROVIDE ADDITIONAL FUNDING FOR THE LA MESA PEDESTRIAN AND

BICYCLE SAFETY PROGRAM AND IF AWARDED, ACCEPTING AND

APPROPRIATING FUNDS FOR THE PROJECT
WHEREAS, in 2018 the La Mesa City Council approved a resolution to adopt a Vision Zero plan to reduce traffic fatalities to zero in the City of La Mesa and a resolution to adopt a Climate Action Plan to reduce community-wide greenhouse gas emissions; WHEREAS, the City of La Mesa offers free community pedestrian and bicycle safety programs such as La Mesa Walks and bicycle education classes; WHEREAS, pedestrian and bicycle safety is a top priority per the 2025 Community Opinion survey;
WHEREAS, the California OTS Grant Program has available grant funding for pedestrian and bicycle safety; and
WHEREAS, the City wishes to receive grant funding from OTS to expand the City’s existing pedestrian and bicycle safety programs.

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council that the City Manager is authorized to submit a grant application for the following program to OTS, which is referred to as:
 La Mesa Pedestrian and Bicycle Safety Program.

BE IT FURTHER RESOLVED that, if a grant award is made by OTS, the City Council authorizes the Mayor to accept the grant funds and execute the grant agreement(s) on behalf of the City.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 27
th day of January 2026, by the following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF CITY CLERK
I, MEGAN WEIGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2026- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.

MEGAN WEIGELMAN, CMC, City Clerk
(SEAL OF CITY)

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: January 27, 2026
SUBJECT: RESOLUTION AUTHORIZING AN AGREEMENT WITH
AXON ENTERPRISE, INC. FOR AXON PRODUCTS

AND SERVICES
ISSUING DEPARTMENT: Police Department
SUMMARY:

Issues:

Should the City Council adopt a resolution authorizing an agreement with Axon Enterprise, Inc. for Bodyworn Camera, Transcription Services and Taser Supply Maintenance, Software and Data Storage?
Recommendation:

Staff recommends that the City Council adopt a resolution authorizing an agreement with Axon Enterprise, Inc. for Bodyworn Camera, Transcription Services and Taser Supply Maintenance, Software and Data Storage.

Fiscal Impact:

The cost of the agreement with Axon Enterprise, Inc. is $153,029.94. Funds are budgeted in the Fiscal Year 2026 Budget in the Police Patrol Special Department Supplies Account 2102-6420.

City’s Strategic Goals:
 Maintain a community where residents and visitors feel safe.  Ensure a strong financial outlook through careful planning, sustainable service levels, and fiscal sustainability.

Report to Mayor and Councilmembers
Date: January 28, 2026
Page: 2 of 3
BACKGROUND:

The City of La Mesa Police Department relies on a variety of specialized equipment and technologies to ensure officers are properly equipped to perform their duties safely and effectively. In recent years, advancements in law enforcement technology and digital evidence management have become increasingly critical to modern policing operations.

Bodyworn cameras are an industry best practice, providing reliable documentation of officer interactions, supporting criminal and administrative investigations, and addressing citizen complaints. Conducted energy weapons, such as tasers, offer officers a less-lethal option to safely manage potentially dangerous situations while reducing the risk of injury to both officers and the public. In addition, police departments face growing demands related to records retention, public records requests, and report writing. Transcription services and digital evidence management systems help streamline administrative tasks while improving the accuracy, efficiency, and timeliness of police reports.

DISCUSSION:

In accordance with the La Mesa Municipal Code Section 2.40.190, Cooperative Purchasing is exempt from competitive purchasing procedures. The Purchasing Officer may join with other public jurisdictions in cooperative purchasing plans, programs or pricing agreements. The Purchasing Officer may also buy directly from a vendor at a price established by competitive bidding by another public jurisdiction in substantial compliance with the city’s form contract, informal/open market and/or public project bid procedures.

Axon Enterprise, Inc. has provided quotes from Sourcewell ID #101223-AXN, a cooperative purchasing program.

The City received pricing for terms up to 35-months from Axon Enterprise, Inc., a recognized and established provider of law enforcement equipment and digital evidence management solutions. Entering into this agreement would allow the Police Department to procure body-worn cameras, conducted energy weapons, and related services through a single, integrated vendor, ensuring system compatibility and operational efficiency.

Using a single manufacturer across multiple technologies also ensures officers work with systems that have a consistent look and feel and work seamlessly with each other. The agreement is pending approval in substantial form by the City Attorney.

Report to Mayor and Councilmembers
Date: January 28, 2026
Page: 3 of 3
CONCLUSION:

Staff recommends that the City Council adopt a resolution authorizing an agreement with Axon Enterprise, Inc. for Bodyworn Camera, Transcription Services and Taser Supply Maintenance, Software and Data Storage.

Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Raymond Sweeney
City Manager Chief of Police
Attachments:

A. Resolution
B. Axon Enterprise, Inc. Quotes

RESOLUTION NO. 2026-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
AUTHORIZING AN AGREEMENT WITH AXON ENTERPRISE, INC. FOR AXON

PRODUCTS AND SERVICES
WHEREAS, the City has a need for professional services to perform Body Worn Camera, Transcription Services, and Taser Supply Maintenance, Software, and Data Storage services and is willing to compensate Contractor for such services;
WHEREAS, in accordance with the La Mesa Municipal Code Section 2.40.190, Cooperative Purchasing, the Purchasing Officer may join with other public jurisdictions in cooperative purchasing plans, programs or pricing agreements;
WHEREAS, Axon Enterprise, Inc. has provided quotes from Sourcewell ID# 101223-AXN, a cooperative purchasing program, in the amount of $153,029.94; and WHEREAS, Contractor is qualified to provide said professional services for Body Worn Camera, Transcription Services, and Taser Supply Maintenance, Software, and Data Storage services.

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the City Council authorizes an agreement with Axon Enterprise, Inc. for bodyworn camera, transcription services and taser supply maintenance, software, and data storage for $153,029.94.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 27
th day of January 2026, by the following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2026- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.

MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)

Q-656384-46034DG
Issued: 01/12/2026
Quote Expiration: 01/30/2026
Estimated Contract Start Date: 03/15/2026
Account Number: 106510
Payment Terms: N30
Mode of Delivery: UPS-GND
Credit/Debit Amount: $0.00

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
La Mesa Police Department - CA
8085 University Ave
La Mesa,
CA
91942-5548
USA
La Mesa Police Department - CA
8130 Allison Ave
La Mesa
CA
91942-5502
USA
Email:

David Gollobit
Phone: +1 6023212774
Email: [email protected]
Fax:

Daniel Paugh
Phone: 619-600-1644
Email: [email protected]
Fax:

Quote Summary Discount Summary
Program Length 34 Months Average Savings Per Year $10,581.78 TOTAL COST $47,591.80
ESTIMATED TOTAL W/ TAX $50,182.66 TOTAL SAVINGS $29,981.72 Axon Enterprise, Inc.
17800 N 85th St
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic:(800) 978-2737
International: +1.800.978.2737

Payment Summary
Date Subtotal Tax Total
Feb 2026 $20,032.42 $1,440.95 $21,473.37
Dec 2026 $13,779.69 $574.95 $14,354.64
Dec 2027 $13,779.69 $574.96 $14,354.65
Total $47,591.80 $2,590.86 $50,182.66

Quote Unbundled Price: $77,577.40
Quote List Price: $50,091.80
Quote Subtotal: $47,591.80
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
73844 TRUE UP - UNLIMITED EVIDENCE.COM TAP BUNDLE
YEAR 3
10 14 $12.25 $12.25 $1,715.00 $145.78 $1,860.78
BWCUwTAP BWC Unlimited with TAP 10 34 $179.69 $98.85 $98.85 $33,609.00 $1,402.32 $35,011.32 A la Carte Hardware
H00001 AB4 Camera Bundle 10 $899.00 $899.00 $8,990.00 $764.14 $9,754.14 H00002 AB4 Multi Bay Dock Bundle 2 $1,638.90 $1,638.90 $3,277.80 $278.62 $3,556.42 A la Carte Services
80146 AXON BODY - PSO - VIRTUAL STARTER 1 $2,500.00 $0.00 $0.00 $0.00 $0.00 Total $47,591.80 $2,590.86 $50,182.66
Delivery Schedule
Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date AB4 Camera Bundle 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 10 1 01/15/2026
AB4 Camera Bundle 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 11 1 01/15/2026 AB4 Camera Bundle 100775 AXON BODY 4 - MAGNETIC DISCONNECT CABLE 11 1 01/15/2026 AB4 Camera Bundle 11507 AXON BODY - MOUNT - RAPIDLOCK SINGLE MOLLE 11 1 01/15/2026 AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - 8 BAY DOCK 2 1 01/15/2026 AB4 Multi Bay Dock Bundle 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 2 1 01/15/2026 AB4 Multi Bay Dock Bundle 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 2 1 01/15/2026 BWC Unlimited with TAP 73309 AXON BODY - TAP REFRESH 1 - CAMERA 10 1 06/15/2026 BWC Unlimited with TAP 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 2 1 06/15/2026 BWC Unlimited with TAP 73310 AXON BODY - TAP REFRESH 2 - CAMERA 10 1 12/15/2028 BWC Unlimited with TAP 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 2 1 12/15/2028 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date BWC Unlimited with TAP 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 10 03/15/2026 01/14/2029 BWC Unlimited with TAP 73746 AXON EVIDENCE - ECOM LICENSE - PRO 10 03/15/2026 01/14/2029

Services
Bundle Item Description QTY
A la Carte 80146 AXON BODY - PSO - VIRTUAL STARTER 1
Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date BWC Unlimited with TAP 80464 AXON BODY - TAP WARRANTY - CAMERA 10 01/15/2027 01/14/2029 BWC Unlimited with TAP 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 2 01/15/2027 01/14/2029

Shipping Locations
Location Number Street City State Zip Country
1 8085 University Ave La Mesa CA 91942-5548 USA
Payment Details
Jan 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment H00001 AB4 Camera Bundle 10 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00
Feb 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Add-On Payment 1 BWCUwTAP BWC Unlimited with TAP 10 $6,049.62 $252.41 $6,302.03 Upfront 73844 TRUE UP - UNLIMITED EVIDENCE.COM TAP BUNDLE YEAR 3 10 $1,715.00 $145.78 $1,860.78 Upfront H00001 AB4 Camera Bundle 10 $8,990.00 $764.14 $9,754.14 Upfront H00002 AB4 Multi Bay Dock Bundle 2 $3,277.80 $278.62 $3,556.42 Total $20,032.42 $1,440.95 $21,473.37
Mar 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment 80146 AXON BODY - PSO - VIRTUAL STARTER 1 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00
Dec 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Add-On Payment 2 BWCUwTAP BWC Unlimited with TAP 10 $13,779.69 $574.95 $14,354.64 Total $13,779.69 $574.95 $14,354.64
Dec 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Add-On Payment 3 BWCUwTAP BWC Unlimited with TAP 10 $13,779.69 $574.96 $14,354.65 Total $13,779.69 $574.96 $14,354.65

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.

Contract Sourcewell #101223-AXN is incorporated by reference into the terms and conditions of this Agreement. In the event of conflict the terms of Axon's Master Services and Purchasing Agreement shall govern.

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

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

ACEIP:

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

Acceptance of Terms:

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

\s1\ \d1\
Signature Date Signed
1/12/2026

Q-780426-46034DG
Issued: 01/12/2026
Quote Expiration: 01/30/2026
Estimated Contract Start Date: 02/15/2026
Account Number: 106510
Payment Terms:

Mode of Delivery: UPS-GND
Credit/Debit Amount: $0.00

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
La Mesa Police Department - CA
8085 University Ave
La Mesa,
CA
91942-5548
USA
La Mesa Police Department - CA
8130 Allison Ave
La Mesa
CA
91942-5502
USA
Email:

David Gollobit
Phone: +1 6023212774
Email: [email protected]
Fax:

Amanda Meeks
Phone: 619-667-7509
Email: [email protected]
Fax:

Quote Summary Discount Summary
Program Length 35 Months Average Savings Per Year $239.98 TOTAL COST $69,316.17
ESTIMATED TOTAL W/ TAX $69,316.17 TOTAL SAVINGS $699.93 Axon Enterprise, Inc.
17800 N 85th St
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic:(800) 978-2737
International: +1.800.978.2737

Payment Summary
Date Subtotal Tax Total
Jan 2026 $23,082.29 $0.00 $23,082.29
Jan 2027 $23,082.28 $0.00 $23,082.28
Jan 2028 $23,151.60 $0.00 $23,151.60
Total $69,316.17 $0.00 $69,316.17

Quote Unbundled Price: $70,016.10
Quote List Price: $70,016.10
Quote Subtotal: $69,316.17
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total A la Carte Software
85760 AXON AUTO-TRANSCRIBE - UNLIMITED SERVICE 77 35 $25.98 $25.72 $69,316.17 $0.00 $69,316.17 Total $69,316.17 $0.00 $69,316.17
Delivery Schedule
Software
Bundle Item Description QTY Estimated Start Date Estimated End Date A la Carte 85760 AXON AUTO-TRANSCRIBE - UNLIMITED SERVICE 77 02/15/2026 01/14/2029

Shipping Locations
Location Number Street City State Zip Country
1 8085 University Ave La Mesa CA 91942-5548 USA
Payment Details
Jan 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 85760 AXON AUTO-TRANSCRIBE - UNLIMITED SERVICE 77 $23,082.29 $0.00 $23,082.29 Total $23,082.29 $0.00 $23,082.29
Jan 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 85760 AXON AUTO-TRANSCRIBE - UNLIMITED SERVICE 77 $23,082.28 $0.00 $23,082.28 Total $23,082.28 $0.00 $23,082.28
Jan 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 85760 AXON AUTO-TRANSCRIBE - UNLIMITED SERVICE 77 $23,151.60 $0.00 $23,151.60 Total $23,151.60 $0.00 $23,151.60

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.

Contract Sourcewell #101223-AXN is incorporated by reference into the terms and conditions of this Agreement. In the event of conflict the terms of Axon's Master Services and Purchasing Agreement shall govern.

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

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

ACEIP:

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

Acceptance of Terms:

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

\s1\ \d1\
Signature Date Signed
1/12/2026

Q-660402-46034DG
Issued: 01/12/2026
Quote Expiration: 01/30/2026
Estimated Contract Start Date: 02/01/2026
Account Number: 106510
Payment Terms: N30
Mode of Delivery: UPS-GND
Credit/Debit Amount: $0.00

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
La Mesa Police Department - CA
8085 University Ave
La Mesa,
CA
91942-5548
USA
La Mesa Police Department - CA
8130 Allison Ave
La Mesa
CA
91942-5502
USA
Email:

David Gollobit
Phone: +1 6023212774
Email: [email protected]
Fax:

Amanda Meeks
Phone: 619-667-7509
Email: [email protected]
Fax:

Quote Summary Discount Summary
Program Length 7.7667 Months Average Savings Per Year $4,870.75 TOTAL COST $30,912.42
ESTIMATED TOTAL W/ TAX $33,531.11 TOTAL SAVINGS $4,870.75 Axon Enterprise, Inc.
17800 N 85th St
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic:(800) 978-2737
International: +1.800.978.2737

Payment Summary
Date Subtotal Tax Total
Aug 2025 $30,912.42 $2,618.69 $33,531.11
Total $30,912.42 $2,618.69 $33,531.11

Quote Unbundled Price: $35,788.00
Quote List Price: $10,524.00
Quote Subtotal: $30,912.42
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
20245 TRUE UP - TASER 7 CERTIFICATION PLAN TRUE UP 10 8 $52.55 $315.30 $25,224.00 $2,144.04 $27,368.04 C00018 BUNDLE - TASER 7 CERTIFICATION 10 8 $394.80 $79.00 $71.11 $5,688.42 $474.65 $6,163.07 Total $30,912.42 $2,618.69 $33,531.11
Delivery Schedule
Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date BUNDLE - TASER 7 CERTIFICATION 20008 AXON TASER 7 - HANDLE - HIGH VIS GRN LASER CLASS 3R YLW 10 1 01/01/2026
BUNDLE - TASER 7 CERTIFICATION 20018 AXON TASER - BATTERY PACK - TACTICAL 12 1 01/01/2026 BUNDLE - TASER 7 CERTIFICATION 20063 AXON TASER 7 - HOLSTER - SAFARILAND RH 10 1 01/01/2026 BUNDLE - TASER 7 CERTIFICATION 22175 AXON TASER 7 - CARTRIDGE - LIVE STANDOFF (3.5-DEGREE) NS 50 1 01/01/2026
BUNDLE - TASER 7 CERTIFICATION 22176 AXON TASER 7 - CARTRIDGE - LIVE CLOSE QUART (12- DEGREE) NS 50 1 01/01/2026
BUNDLE - TASER 7 CERTIFICATION 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 1 1 01/01/2026 BUNDLE - TASER 7 CERTIFICATION 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 1 1 01/01/2026 BUNDLE - TASER 7 CERTIFICATION 74200 AXON TASER - DOCK - SIX BAY PLUS CORE 1 1 01/01/2026 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date BUNDLE - TASER 7 CERTIFICATION 101180 AXON TASER - DATA SCIENCE PROGRAM 10 02/01/2026 09/23/2026 BUNDLE - TASER 7 CERTIFICATION 20248 AXON TASER - EVIDENCE.COM LICENSE 10 02/01/2026 09/23/2026 BUNDLE - TASER 7 CERTIFICATION 20248 AXON TASER - EVIDENCE.COM LICENSE 1 02/01/2026 09/23/2026 Services
Bundle Item Description QTY
BUNDLE - TASER 7 CERTIFICATION 101193 AXON TASER - ON DEMAND CERTIFICATION 1 BUNDLE - TASER 7 CERTIFICATION 20246 AXON TASER 7 - REPLACEMENT ACCESS PROGRAM - DUTY CARTRIDGE 10

Shipping Locations
Location Number Street City State Zip Country
1 8085 University Ave La Mesa CA 91942-5548 USA
Payment Details
Aug 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 20245 TRUE UP - TASER 7 CERTIFICATION PLAN TRUE UP 10 $25,224.00 $2,144.04 $27,368.04 Year 1 C00018 BUNDLE - TASER 7 CERTIFICATION 10 $5,688.42 $474.65 $6,163.07 Total $30,912.42 $2,618.69 $33,531.11

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.

Contract Sourcewell CEW Contract #092722-AXN is incorporated by reference into the terms and conditions of this Agreement. In the event of conflict the terms of Axon's Master Services and Purchasing Agreement shall govern.

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

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

ACEIP:

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

Acceptance of Terms:

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

\s1\ \d1\
Signature Date Signed
1/12/2026

City of La Mesa

SERVICES AGREEMENT

AXON PRODUCTS AND

SERVICES
DRAFT

Agreement: Axon Products and Services
Version 2025.2 2

TABLE OF CONTENTS

1. STANDARD AGREEMENT FOR PROFESSIONAL SERVICES ...............................

2. ENGAGEMENT OF CONTRACTOR............................................................................

3. SERVICES TO BE PERFORMED BY CONTRACTOR ..............................................

4. LOCATION OF SERVICES ...........................................................................................

5. KEY PROJECT PERSONNEL .......................................................................................

6. CITY REPRESENTATION ............................................................................................

7. RESPONSIBILITIES OF THE CITY .............................................................................

8. PERFORMANCE SCHEDULE ......................................................................................

9. ITEMS TO BE DELIVERED TO CITY .........................................................................

10. COMPENSATION TO CONTRACTOR ........................................................................

11. NOTICES .........................................................................................................................

12. HOLD HARMLESS ........................................................................................................

13. INSURANCE ...................................................................................................................

14. TERMINATION OF AGREEMENT FOR CAUSE OR CONVENIENCE ...................

15. DISPUTE RESOLUTION ...............................................................................................

16. CONTRACTORS ............................................................................................................

17. INTEREST OF MEMBERS OF THE CITY ...................................................................

18. INTEREST OF CONTRACTOR AND EMPLOYEES; .................................................

19. INDEPENDENT CONTRACTOR ..................................................................................

20. PERS ELIGIBILITY INDEMNIFICATION .................................................................

21. CONTRACTOR NOT AGENT .......................................................................................

22. FACILITIES AND EQUIPMENT ..................................................................................

23. RECORDS .......................................................................................................................

24. DESIGN CHANGES OR REVISIONS...........................................................................

25. OWNERSHIP OF WORK ...............................................................................................

26. INTEGRATION; AMENDMENTS ................................................................................

27. ADDITIONAL SERVICES OUTSIDE SCOPE .............................................................

28. CHANGES .......................................................................................................................

29. NON-DISCLOSURE .......................................................................................................

30. JOB SITE SAFETY .........................................................................................................

31. BUSINESS LICENSE .....................................................................................................

32. PREVAILING WAGES FOR PUBLIC WORKS PROJECTS .......................................

33. CONFLICT BETWEEN AGREEMENT AND OTHER DOCUMENTS ......................

34. OTHER PUBLIC AGENCIES ........................................................................................

35. SIGNATURES .................................................................................................................

Attachments: Exhibit A – Axon Master Services and Purchasing Agreement Exhibit B – Axon Quotes
DRAFT

Agreement: Axon Products and Services
Version 2025.2 3

1. STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
Between the City of La Mesa and
Axon Enterprise, Inc.
for Axon Products and Services

This Agreement is entered into by City of La Mesa as of ____________, by and between the City of La Mesa, a municipal corporation, hereinafter referred to as "the City", and Axon Enterprise, Inc., hereinafter referred to as "Contractor."
WITNESSETH THAT:

WHEREAS, the Contractor has been selected through Sourcewell’s cooperative purchasing platform;
WHEREAS, the City has need for professional services to perform Body Worn Camera, Transcription Services, and Taser Supply Maintenance, Software, and Data Storage services and is willing to compensate Contractor for such services;
WHEREAS, the City desires to engage Contractor to render certain technical and professional services in the providing of said professional services; and WHEREAS, Contractor is qualified to provide said professional services for Body Worn Camera, Transcription Services, and Taser Supply Maintenance, Software, and Data Storage services.

NOW THEREFORE, the parties do mutually agree as follows:

2. ENGAGEMENT OF CONTRACTOR
The City hereby agrees to engage Contractor and Contractor hereby agrees to perform the services set forth in this Agreement. This Agreement shall be for a term of 40 months from the execution date of the Agreement.

3. SERVICES TO BE PERFORMED BY CONTRACTOR
Contractor shall commence performance of the Project upon execution of this Agreement by both parties. The term "Project" as used in this Agreement shall include all of the tasks and items listed and described in all Exhibits, attached hereto and incorporated herein as part of this Agreement.

4. LOCATION OF SERVICES
Contractor agrees to provide the services remotely for the full term of this Agreement. No changes will be made without prior written approval by the City.

5. KEY PROJECT PERSONNEL
DRAFT

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Contractor agrees to provide the services of Axon staff, respectively, for the full term of this Agreement. No substitutions will be made without prior written approval by the City. The City reserves the right to request specific qualifications for personnel substituted under this section.

6. CITY REPRESENTATION
The City Manager for the City of La Mesa, or their designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to this Agreement and shall administer said Agreement on behalf of the City. This person shall hereinafter be referred to as the "City's Representative."

7. RESPONSIBILITIES OF THE CITY
The City will provide the Contractor, or cause to be provided with, the following documents, services and site information, at no charge to the Contractor.

A. See Exhibits

8. PERFORMANCE SCHEDULE
Both Contractor and the City recognize that time is of the essence in the completion of this work and the following schedule is dependent upon timely actions by the Contractor and the City.

Accordingly, the Contractor shall complete all of the work outlined in the Exhibits and as scheduled therein.

The Contractor shall not be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or failure of City to furnish timely information or to approve or disapprove Contractor's work promptly, or delay or faulty performance by City, or governmental agencies.

Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement.

9. ITEMS TO BE DELIVERED TO CITY
The following items shall be delivered by Contractor to the City of La Mesa:

A. See Exhibits

10. COMPENSATION TO CONTRACTOR
The total fee for professional services shall be billed with a total amount not to exceed $153,029.94 The City shall compensate Contractor for the services performed hereunder within thirty (30) calendar days of receipt of Contractor's invoice for the services performed.

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The City shall promptly review invoicing and notify Contractor of any objection thereto in writing within fifteen (15) days of receipt of the invoice; absent such objection the invoice shall be deemed proper and acceptable.

In the event that any undisputed invoice is not paid within thirty (30) calendar days after receipt of the invoice by the City, it shall commence bearing interest on the date that the invoice was rendered at the rate of 1% per month and the City agrees to pay all accrued interest, together with the charges for services rendered.

11. NOTICES
Notices and requests to the City or Contractor shall be delivered at the following addresses, either served personally on the designated representative or by U.S. Postal Service at the following addresses:

City:
 Chief of Police
 La Mesa Police Department
 8085 University Avenue, La Mesa, CA 91942
 (619) 667-1400
Contractor:
 Deputy General Counsel
 Axon Enterprise, Inc.
 17800 N, 85th St., Scottsdale, AZ 85255
 (800) 978-2737

12. HOLD HARMLESS
To the furthest extent allowed by law, Contractor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all third party loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all third party claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Contractor, its principals, officers, employees, agents or volunteers in the performance of this Agreement.

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City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.

This section shall survive termination or expiration of this Agreement.

13. INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

The certificate holder should be stated as:

City of La Mesa
Attn: Risk Management
8130 Allison Avenue, La Mesa, CA 91942

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

A. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

B. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

C. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

D. Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (If applicable)
E. Cyber Insurance (If applicable):

Consultant or Vendor shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, or damages to property (including computer equipment) which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to DRAFT

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loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data.

Cyber Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

Technology Professional Liability Errors and Omissions Insurance appropriate to the Consultant’s profession and work hereunder, with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Consultant in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. a. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the Agency in the care, custody, or control of the Consultant.

OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. Coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 12 19 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall DRAFT

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not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.

Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such upon the expiration date of the expiring policy.

Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to the City. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies (applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

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purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause All documents are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required certificates of insurance, including endorsements required by these specifications, at any time.

These requirements shall survive expiration or termination of the Agreement.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Contractor shall have the opportunity to review and negotiate any modified insurance requirements to ensure compliance.

If at any time during the life of this Agreement or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Agreement shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Agreement.

The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City and its elected officials, officers, officials, employees, agents and volunteers shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, employees, agents, persons under the supervision of Contractor, vendors, suppliers, invitees, Contractors, subcontractors, or anyone employed directly or indirectly by any of them.

If Contractor should subcontract all or any portion of the services to be performed under this Agreement, Contractor shall require each subcontractor to provide insurance protection in favor of City, its elected officials, officers, officials, employees, agents and volunteers in accordance with the terms of each of the preceding paragraphs, except that the subcontractors' certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor.

14. TERMINATION OF AGREEMENT FOR CAUSE OR CONVENIENCE
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If, through any cause, the Contractor shall fail to fulfill in timely and proper manner their obligations under this Agreement, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Agreement and such violations are not cured within thirty (30) days, the City shall thereupon have the right to terminate this Agreement immediately by giving written notice to the Contractor of such termination and specifying the effective date thereof. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports solely and exclusively created by the Contractor under this Agreement shall, at the option of the City, become its property and the Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder.

In addition to termination for cause, the City may terminate this Agreement for City’s convenience upon not less than thirty (30) days written notice to Contractor. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement unless said notice provides otherwise. If this Agreement is terminated as provided in this paragraph for City’s convenience, the Contractor shall be required to provide to City all finished or unfinished documents, data, studies, services, etc., solely and exclusively created by the Contractor as may be requested by City and such work shall become City’s property upon payment to Contractor for the value of the work performed, less payments of compensation previously made. Notwithstanding the foregoing, Section 17.3 of Attachment A shall apply.

Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. Any such set-off shall only be towards existing payments for mutually agreed upon values.

15. DISPUTE RESOLUTION
The City shall require that all Contractors agree to submit any unresolved claims, counterclaims, disputes, controversies and other matters between them and the City or the Contractor and/or any subcontractors of any tier arising out of or relating to their agreement with the City or the breach thereof (“disputes”) first to mediation and then if not resolved, to non-binding arbitration prior to initiating suit or judicial proceeding.

If applicable – As provided in Public Contract Code section 9204, any claim filed by the Contractor on a public works project shall be reviewed by the City with 45 days and a written statement will be provided to the Contractor identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, the City and the Contractor may, by mutual agreement, extend the time period or it may be extended to allow City Council approval. The Contractor shall include reasonable documentation to support the claim. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement.

16. CONTRACTORS
Contractor will utilize the services of the following subcontractors during the course of this study:

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None.

Payment for such services shall be the responsibility of the Contractor. No substitution of proposed subcontractors shall be made without prior written approval by the City.

None of the services covered by the Agreement shall be subcontracted without the prior consent of the City. The Contractor shall be as fully responsible to the City for the acts and omissions of their subcontractors, and of persons either directly or indirectly employed by them, as they are for the acts and omissions of persons directly employed by them. The Contractor shall insert in each subcontract appropriate provisions requiring compliance with the labor standards provisions of this Agreement.

Contractor shall not assign, delegate, or transfer this Agreement or any work hereunder, nor assign any monies due or to become due hereunder, except as expressly stated herein. In no event shall any contractual relation be created between any third party and the City without prior written consent of the City. A consent to one assignment shall not be deemed to be consent to any subsequent assignment. Notwithstanding the foregoing, Contractor 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.

17. INTEREST OF MEMBERS OF THE CITY
No member of the governing body of the City and no other officer, employee, or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Agreement; and the Contractor shall take appropriate steps to assure compliance.

18. INTEREST OF CONTRACTOR AND EMPLOYEES;

STATEMENT OF ECONOMIC INTERESTS
The Contractor covenants that they presently have no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of their services hereunder. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed. City may require Contractor to complete and submit a Form 700, Statement of Economic Interests, in accordance with applicable law, to City Clerk.

19. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement.

20. PERS ELIGIBILITY INDEMNIFICATION
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In the event that Contractor’s employee and/or agent providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor’s employees providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation and benefit including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contributions to be paid by City for employer contributions and/or employee contributions for PERS benefits.

21. CONTRACTOR NOT AGENT
Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

22. FACILITIES AND EQUIPMENT
Contractor shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.

23. RECORDS
Contractor shall maintain adequate records to permit inspection audit of Contractor's time-andmaterial charges under this Agreement. Contractor shall make such records available to the City and to other public agencies responsible for approval, funding or auditing the project, during normal business hours upon reasonable notice. Nothing herein shall convert such records into public records and they will be available only to the City or to public agencies involved with approval, funding or audit functions. Such records shall be maintained by the Contractor for three (3) years following completion of the work under this Agreement.

24. DESIGN CHANGES OR REVISIONS
No design changes or revisions will be required and no payment therefor will be made except pursuant to the provisions of this Agreement. No extra compensation shall be paid the Contractor for revisions required by reason of omissions or errors by the Contractor in the preparation of the original document, plans, working drawings, or specifications. Changes to the scope of this Agreement shall be negotiated prior to commencement of extra work.

25. OWNERSHIP OF WORK
All finished or unfinished documents, studies, reports, computer files and materials solely and exclusively created by Contractor and subcontractors under this Agreement shall be considered DRAFT

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the property of the City and will be turned over to the City upon demand, but in any event, upon completion of the Project. The Contractor shall be allowed to retain copies of documents for his permanent records, if desired.

26. INTEGRATION; AMENDMENTS
This Agreement sets forth the entire understanding of the parties with respect to the subject matter herein. There are no other agreements, expressed or implied, oral or written, except as set forth herein. This Agreement may be amended upon written mutual consent of both parties hereto.

Amendment requiring changes in compensation shall be subject to the City's change order procedures.

27. ADDITIONAL SERVICES OUTSIDE SCOPE
Only after written authorization from the City, additional services that Contractor could provide, or cause to be provided, include the following:

A. Additional work related to the Project but not included in the Scope of Work.

B. Additional work caused by changes unrelated to the Scope of Work described herein.

Contractor will be compensated for Contractor time and direct personnel expenses as approved by the City.

28. CHANGES
The City may, from time to time, request changes in the Scope of Services of the Contract to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the City and the Contractor shall be incorporated to this Contract.

29. NON-DISCLOSURE
The designs, plans, reports, investigations, materials and documents solely and exclusively created by the Contractor pursuant to this Agreement (including any duplicate copies kept by the Contractor) shall not be shown to any other public or private person or entity, except as authorized by the City. The Contractor shall not disclose to any other public or private person or entity any information regarding the activities of the City except as authorized by the City.

30. JOB SITE SAFETY
The general or prime Contractor who is responsible for means, methods and procedures of the project shall be responsible for job site safety.

The prime contractor and all subcontractors of all tiers shall:

A. Be responsible for the safety of their respective employees as required by law.

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B. Come under the jurisdiction and supervision of the general or prime contractor’s job site safety program.

C. Exercise reasonable care to avoid risk of injury to others as required by the professional standard of care.

31. BUSINESS LICENSE
The Contractor, including all subcontractors, shall obtain a business license for work within the City of La Mesa pursuant to La Mesa Municipal Code Sections 6.08.010 through 6.08.240.

No payments shall be made to any Contractor until such business license has been obtained, and all fees paid therefor, by the Contractor and all subcontractors. Business license applications and information may be obtained from the Finance Department, City Hall, 8130 Allison Avenue, La Mesa, CA 91942-5502, (619) 667-1118 or online at cityoflamesa.us/buslic.

32. PREVAILING WAGES FOR PUBLIC WORKS PROJECTS

IF APPLICABLE
A. No professional Contractor or subcontractor subject to the requirements of State of California’s prevailing wages may be awarded a contract, or contracted with, for a public works project (submitted on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

B. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

33. CONFLICT BETWEEN AGREEMENT AND OTHER DOCUMENTS
In the event of a conflict between this Agreement and any documents incorporated by reference in this Agreement, the terms and conditions of this Agreement shall supersede those contained in any such document incorporated by reference.

34. OTHER PUBLIC AGENCIES
If this Agreement is based on a competitive solicitation, other public agencies may piggyback on this Agreement in order to enter into contracts with the Contractor for any and all services specified within.

35. SIGNATURES
IN WITNESS WHEREOF, City and Contractor have executed the Agreement.

Axon Enterprise, Inc.

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By: _________________________________ Date: _____________ Deputy General Counsel

CITY OF LA MESA,
A Municipal Corporation

By: _________________________________ Date: _____________ Dr. Mark Arapostathis, Mayor

By: _________________________________ Date: _____________ Greg Humora, City Manager

APPROVED AS TO FORM

By: _________________________________

CITY ATTORNEY

Attachments: Exhibit A – Axon Master Services and Purchasing Agreement Exhibit B – Axon Quotes
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Master Services and Purchasing Agreement
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This Master Services and Purchasing Agreement ("Agreement") is between Axon Enterprise, Inc. ("Axon"), and the Customer listed below or, if no Customer is listed below, the customer on the Quote (as defined below) ("Customer").

This Agreement is effective as of the later of the (a) last signature date on this Agreement or (b) date of acceptance of the Quote ("Effective Date"). Axon and Customer are each a "Party" and collectively "Parties". This Agreement governs Customer’s purchase and use of the Axon Devices and Services detailed in the Quote. It is the intent of the Parties that this Agreement will govern all subsequent purchases by Customer for the same Axon Devices and Services in the Quote, and all such subsequent quotes accepted by Customer 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, including, but not limited to, Axon Evidence, Axon Records, Axon Dispatch, FUSUS services, 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 Customer’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 year term ("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. New devices and services may require additional terms. Axon will not authorize new services until Axon receives a signed Quote or accepts a purchase order, whichever is first.

3. Payment. Axon invoices for Axon Devices upon shipment, or on the date specified within the invoicing plan in the Quote. Payment is due net 30 days from the invoice date. Axon invoices for Axon Cloud Services on an upfront annual basis prior to the beginning of the Subscription Term and upon the anniversary of the Subscription Term. Payment obligations are non-cancelable. Unless otherwise prohibited by law, Customer 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. Customer will pay invoices without setoff, deduction, or withholding. If Axon sends a past due account to collections, Customer is responsible for collection and attorneys’ fees.

4. Taxes. Customer is responsible for sales and other taxes associated with the order unless Customer provides Axon a valid tax exemption certificate.

5. Shipping. Axon may make partial shipments and ship Axon Devices from multiple locations. All shipments are EXW (Incoterms 2020) via common carrier. Title and risk of loss pass to Customer upon Axon’s delivery to the common carrier. Customer 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, except for TASER devices covered under the TASER Appendix, are free from defects in workmanship and materials for one (1) year from the date of Customer’s receipt, except Signal Sidearm which Axon warrants for thirty (30) months from Customer’s receipt and Axon-manufactured accessories, which Axon warrants for ninety (90) days from Customer’s receipt, respectively, from the date of Customer’s receipt. Extended warranties run from the expiration of the one- (1-) year hardware warranty through the extended warranty term purchased.

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7.2. Disclaimer. All software and Axon Cloud Services are provided "AS IS," without any warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Axon Devices 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. If Customer purchases Axon Loki, Customer acknowledges the Loki device is designed for operation in enclosed, controlled environments and must be used in compliance with all applicable laws and safety guidelines. Operation in open or unapproved areas may result in signal interference, loss of control, or damage, and Axon assumes no liability for improper use, including any resulting harm or regulatory violations.

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 Customer exchanges an Axon Device or part, the replacement item becomes Customer’s property, and the replaced item becomes Axon’s property. Before delivering an Axon-manufactured Device for service, Customer 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 Customer 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 Customer 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 Customer in accordance with shipping terms of this Agreement. Axon assumes no liability or obligation in the event Customer 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 Customer 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. Customer confirms and agrees that, in deciding whether to sign this Agreement, Customer 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 this Agreement will not exceed the purchase price paid to Axon for the Axon Device, or if for Services, the amount paid for such Services over the twelve (12) months preceding the claim. 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.

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 Hardware, Software and Services. Use of hardware, software, or services other than those provided by Axon is governed by the terms, if any, entered into between Customer and the respective thirdparty provider, including, without limitation, the terms applicable to such software or services located at www.axon.com/sales-terms-and-conditions, if any.

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7.8. Axon Aid. Upon mutual agreement between Axon and Customer, Axon may provide certain products and services to Customer, as a charitable donation under the Axon Aid program. In such event, Customer 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. Customer agrees not to make or bring any such claim against any Release, and forever release and discharge all Releasees from liability under such claims. Customer 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 Customer.

8. Free Trial.

8.1. Trial Period and License. At any time during the Term, Customer and Axon may elect to enter a free trial of Axon Devices and Services new to the Customer for a designated period (“Trial Period”) as described in a quote issued (“Trial Quote”). During the Trial Period, Axon grants Customer a nonexclusive, terminable, nontransferable, license to use new Axon Devices and Services provided for trial to the Customer (“Trial Products”).

Trial Products may include Axon beta software or firmware which additional terms may be required and included within the Trial Quote. Axon may limit the number of Trial Products Customer receives within the Trial Quote.

Axon may supply refurbished Trial Products. ALL FREE TRIAL PRODUCTS INCLUDING, WITHOUT LIMITATION, AXON CLOUD SERVICES, ARE PROVIDED “AS IS” AND TO THE EXTENT NOT PROHIBITED BY LAW, AXON DISCLAIMS ALL LIABILITY REGARDLESS OF THE CLAIM.

8.2. Trial Quote Termination. Upon at least 10 business days’ prior written notice to Axon at any time prior to the end of the Trial Period, Customer may as its sole option, terminate the free Trial Period and underlying Trial Quote associated with the Trial Products for convenience. Customer’s rights to the Trial Products will immediately terminate at the end of the Trial Period, and Customer will return any Trial Products hardware to Axon within 10 days after the effective date of such termination or at the end of the Trial Period, excluding used CEW cartridges. If any individual component of the Trial Products is not returned, Axon will invoice Customer the MSRP of the unreturned items. Customer agrees to pay the invoice along with any applicable taxes and shipping. Customer will return the Trial Products to Axon in good working condition, minus normal wear and tear. Axon may charge Customer if there is damage beyond normal wear and tear. Any Customer Content shall be stored and returned pursuant to the Axon Cloud Services Terms of Use Appendix

9. Statement of Work. Certain Axon Devices and Services, including, but not limited to, Axon Interview Room, Axon Channel Services, Axon Justice Implementation, FUSUS, and Axon Fleet, may require a Statement of Work that details Axon’s Service deliverables ("SOW"). In the event Axon provides an SOW to Customer, Axon is only responsible for the performance of Services described in the SOW. Additional services outside of the SOW, Quote, or this Agreement 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. Any applicable SOW is incorporated into this Agreement by reference.

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

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

12. Combined Offerings. Some offerings in a Quote combine existing and pre-released Axon Devices or Services.

Some offerings may not be available at the time of Customer’s purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to delay of availability or Customer’s choice not to utilize any portion of a combined offering.

13. Insurance. Axon will maintain General Liability, Cyber Insurance, Workers’ Compensation, and Automobile Liability insurance in accordance with the requirements of the City of La Mesa’s Agreement as well as Additional Insured Endorsements and Waivers of Subrogation. Upon request, Axon will supply certificates of insurance.

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

15. IP Indemnification. Axon will indemnify Customer against all claims, losses, and reasonable expenses from any third-party claim alleging that the use of Axon-manufactured Devices, Axon Cloud Services or Axon software (“Axon Products”) infringes or misappropriates the third-party’s intellectual property rights. Customer 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 Products by Customer or a third-party not approved by Axon; (b) DRAFT

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use of Axon Products in combination with hardware or services not approved by Axon; (c) use of Axon Products other than as permitted in this Agreement; or (d) use of Axon Products that is not the most current software release provided by Axon.

16. Customer Responsibilities. Customer is responsible for (a) Customer’s use of Axon Devices; (b) Customer or a Customer-authorized user’s breach of this Agreement or violation of applicable law; (c) disputes between Customer and a third-party over Customer’s use of Axon Devices; (d) secure and sustainable destruction and disposal of Axon Devices at Customer’s cost; and (e) any regulatory violations or fines, as a result of improper destruction or disposal of Axon Devices.

17. Termination.

17.1. 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 thirty (30) days after written notice. If Customer terminates this Agreement due to Axon’s uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination.

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

17.3. Effect of Termination. Upon termination of this Agreement, Customer rights immediately terminate. Customer remains responsible for all fees incurred before the effective date of termination. If Customer 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 Customer the difference between the MSRP for Axon Devices procured, including any Spare Axon Devices, and amounts paid towards those Axon Devices. Only if terminating for nonappropriation, Customer 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 multiple Axon Devices that may be combined as a single offering on a Quote, MSRP is the standalone price of all individual components.

18. Confidentiality. "Confidential Information" means nonpublic information designated as confidential or, given the nature of the information or circumstances surrounding disclosure, should reasonably be understood to be confidential. Each Party will take reasonable measures to avoid disclosure, dissemination, or unauthorized use of the other Party’s Confidential Information. Unless required by law, neither Party will disclose the other Party’s Confidential Information during the Term and for five (5) years thereafter. To the extent permissible by law, Axon pricing is Confidential Information and competition sensitive. If Customer receives a public records request to disclose Axon Confidential Information, to the extent allowed by law, Customer will provide notice to Axon before disclosure. Axon may publicly announce information related to this Agreement.

19. General.

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

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

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

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

19.5. Compliance with Laws. Each Party will comply with all applicable federal, state, and local laws, including without limitation, import and export control laws and regulations as well as firearm regulations and the Gun Control Act of 1968. Customer acknowledges that Axon Devices and Services are subject to U.S. and international export control laws, including the U.S. Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR). Customer represents and warrants that neither it nor any End User is a "Restricted Person," meaning any individual or entity that (1) is subject to U.S. sanctions or trade restrictions, (2) appears on any U.S. government restricted party list, (3) engages in prohibited weapons proliferation activities, or (4) is owned or controlled by, or acting on behalf of, such persons or entities. Customer must promptly notify Axon of any change in status, and Axon may terminate this Agreement if Customer or any End User becomes a Restricted Person or violates export laws.

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may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets.

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

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

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

19.9. Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, IP Rights, Customer Responsibilities and any other Sections detailed in the survival sections of the Appendices.

19.10. Governing Law. The laws of the country, state, province, or municipality where Customer 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.

19.11. Notices. All notices must be in English. Notices posted on Customer’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 Customer 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].

19.12. Entire Agreement. This Agreement, the Appendices, including any applicable Appendices not attached herein for the products and services purchased, which are incorporated by reference and located in the Master Purchasing and Services Agreement located at https://www.axon.com/sales-terms-and-conditions,Quote and any SOW(s), represents the entire agreement between the Parties. 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: CUSTOMER:

Axon Enterprise, Inc.

Signature: Signature:

Name: Name:

Title: Title:

Date:

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Axon Cloud Services Terms of Use Appendix

1. Definitions.

1.1. “Data Controller” means the natural or legal person, public authority, or any other body which alone or jointly with others determines the purposes and means of the processing of Personal Data.

1.2. “Data Processor” means a natural or legal person, public authority or any other body which processes Personal Data on behalf of the Data Controller.

1.3. "Customer Content" is data uploaded into, ingested by, or created in Axon Cloud Services within Customer’s tenant, including media or multimedia uploaded into Axon Cloud Services by Customer. Customer Content includes Evidence but excludes Non-Content Data.

1.4. "Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by Customer. Evidence is a subset of Customer Content.

1.5. “End User” means the natural person subject to Customer’s authorized license grant who ultimately uses the Cloud Services as provided under this Agreement. End Users must adhere to the terms of use and are subject to any usage restrictions or limitations specified in this Agreement.

1.6. "Non-Content Data" is data, configuration, and usage information about Customer’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 Customer Content.

1.7. "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.

1.8. "Provided Data" means de-identified, de-personalized, data derived from Customer's TASER energy weapon deployment reports, related TASER energy weapon logs, body-worn camera footage, and incident reports.

1.9. “Subprocessor” means any third party engaged by the Data Processor to assist in data processing activities that the Data Processor is carrying out on behalf of the Data Controller.

1.10. "Transformed Data" means the Provided Data used for the purpose of quantitative evaluation of the performance and effectiveness of TASER energy weapons in the field across a variety of circumstances.

2. Access. Upon Axon granting Customer a subscription to Axon Cloud Services, Customer may access and use Axon Cloud Services to store and manage Customer Content. Customer may not exceed the total number of End Users specified in the Quote. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence access granted solely for TASER, Customer may access and use Axon Evidence only to store and manage TASER CEW data ("TASER Data") and Customer may not upload nonTASER Data to Axon Evidence.

3. Customer Owns Customer Content. Customer controls and owns all rights, title, and interest in Customer Content. Except as outlined herein, Axon obtains no interest in Customer Content, and Customer Content is not Axon’s business records. Customer is solely responsible for uploading, sharing, managing, and deleting Customer Content. Axon will only have access to Customer Content for the limited purposes set forth herein.

Customer agrees to allow Axon access to Customer 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 Customer Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program to protect Axon Cloud Services and Customer 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 for its digital evidence or records management systems.

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5. Customer Responsibilities. Customer is responsible for (a) ensuring Customer owns Customer Content or has the necessary rights to use Customer Content (b) ensuring no Customer Content or Customer End User’s use of Customer Content or Axon Cloud Services violates this Agreement or applicable laws; (c) maintaining necessary computer equipment and Internet connections for use of Axon Cloud Services and (d) verify the accuracy of any auto generated or AI-generated reports. If Customer becomes aware of any violation of this Agreement by an End User, Customer will immediately terminate that End User’s access to Axon Cloud Services.

5.1 Customer will also maintain the security of End User usernames and passwords and security and access by end users to Customer Content. Customer is responsible for ensuring the configuration and utilization of Axon Cloud Services meet applicable Customer regulation and standards. Customer may not sell, transfer, or sublicense access to any other entity or person. If Customer provides access to unauthorized third-parties, Axon may assess additional fees along with suspending Customer’s access. Customer shall contact Axon immediately if an unauthorized party may be using Customer’s account or Customer Content, or if account information is lost or stolen.

5.2 To the extent Customer 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. Customer’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. Customer agrees to allow Axon access to Non-Content Data from Customer to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products and related services; and (c) enforce this Agreement or policies governing the use of Axon products.

7. Axon Body Wi-Fi Positioning. Axon Body cameras may offer a feature to enhance location services where GPS/GNSS signals may not be available, for instance, within buildings or underground. Customer administrators can manage their choice to use this service within the administrative features of Axon Cloud Services. If Customer chooses to use this service, Axon must also enable the usage of the feature for Customer’s Axon Cloud Services tenant. Customer will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for Customer’s Axon Cloud Services tenant.

8. Storage. For Axon Unlimited Device Storage subscriptions, Customer may store unlimited data in Customer's Axon Evidence account only if the Axon Device data is shared to Customer through Axon Evidence from a partner agency using Axon Evidence, or the data originates from Axon Capture or an Axon Device. Axon may charge Customer additional fees for exceeding purchased storage amounts. Axon may place Customer Content that Customer has not viewed or accessed for six (6) months into archival storage. Customer Content in archival storage will not have immediate availability and may take up to twenty-four (24) hours to access.

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

8.2. Location of Storage. Axon may transfer Customer Content to third-party subcontractors for storage. Axon will determine the locations of data centers for storage of Customer Content If Customer is located in the United States, Canada, or Australia, Axon will ensure all Customer Content stored in Axon Cloud Services remains in the country where Customer is located Ownership of Customer Content remains with Customer.

9. Suspension. Axon may temporarily suspend Customer’s or any End User’s right to access or use any portion or all of Axon Cloud Services immediately upon notice, if Customer 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. Customer remains responsible for all fees incurred through suspension. Axon will not delete Customer Content because of suspension, except as specified in this Agreement.

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10. Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors before Customer uploads data to Axon Cloud Services Service Offerings will be subject to the Axon Cloud Services Service Level Agreement, a current version of which is available at https://www.axon.com/products/axon-evidence/sla.

11. Roles of the Parties. To the extent that Customer is the Data Controller of Personal Data, Axon is its Data Processor.

To the extent that Customer is a Data Processor of Personal Data, Axon is its Subprocessor. Notwithstanding the foregoing, to the extent any usage data (including query logs and metadata) and/or operations data (including billing and support data) in connection with Customer’s use of the Services (collectively “Usage and Operations Data”) is considered Personal Data, Axon is an independent Data Controller and shall Process such data in accordance with the Agreement and applicable data protection laws to develop, improve, support, and operate its products and services. For the avoidance of doubt, Axon will not disclose any Usage and Operations Data that includes confidential information with a third party except (a) in accordance with the relevant confidentiality provisions in the Agreement, or (b) to the extent the Usage and Operations Data is, in accordance with applicable data protection laws, anonymized, de-identified, and/or aggregated such that it can no longer directly or indirectly identify Customer or any particular individual.

12. TASER Data Science Program. Axon will provide a quantitative evaluation on the performance and effectiveness of TASER energy weapons in the field across a variety of circumstances.

12.1. If Customer purchases the TASER Data Science Program, Customer grants Axon, its affiliates, and assignees an irrevocable, perpetual, fully paid, royalty-free, and worldwide right and license to use Provided Data solely for the purposes of this Agreement and to create Transformed Data. Customer shall own all rights and title to Provided Data. Axon shall own all rights and title to Transformed Data and any derivatives of Transformed Data.

12.2. Axon grants to Customer an irrevocable, perpetual, fully paid, royalty-free, license to use to TASER Data Science report provided to Customer for its own internal purposes. The Data Science report is provided “as is” and without any warranty of any kind.

12.3. In the event Customer seeks Axon’s deletion of Provided Data, it may submit a request to [email protected].

Where reasonably capable of doing so, Axon will implement the request but at a minimum will not continue to collect Provided Data from Customer.

13. Auto-Transcribe. This section outlines licensing terms for Customer’s subscription of Auto-Transcribe:

13.1. A-La-Carte Minutes. Upon Axon granting Customer a set number of minutes, Customer may utilize Axon AutoTranscribe, subject to the number of minutes allowed on the Quote. Customers cannot roll over unused minutes to future Auto-Transcribe terms. Axon may charge Customer additional fees for exceeding the number of purchased minutes. Axon Auto-Transcribe minutes expire one year after being provisioned to Customer by Axon.

13.1. Axon Unlimited Transcribe. Upon Axon granting Customer an Unlimited Transcribe subscription to Axon Auto-Transcribe, Customer may utilize Axon Auto-Transcribe with no limit on the number of minutes. Unlimited Transcribe includes automatic transcription of all Axon BWC and Axon Capture footage. With regard to Axon Interview Room, Axon Fleet, Axon Community Request, or third-party transcription, transcription must be requested on demand. Notwithstanding the foregoing, Axon may limit usage after 5,000 minutes per user per month for multiple months in a row. Axon will not bill for overages.

14. Axon Records. The following terms apply to Axon Records. Customers may purchase Axon Records either as part of an OSP 7 or OSP 10 plan or individually through a Quote.

14.1. Axon Record subscription begins on the later of the (1) start date of the Quote, or (2) the date Axon provisions Axon Records to Customer. 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 plan, upon completion of the OSP 7 or OSP 10 Term ("Axon Records Subscription Term").

14.2. An "Update" is a generally available release of Axon Records that Axon makes available from time to time. An "Upgrade" includes (i) new versions of Axon Records that enhance features and functionality, as solely determined by Axon; and/or (ii) new versions of Axon Records that provide additional features or perform additional functions. Upgrades exclude new products that Axon introduces and markets as distinct products or DRAFT

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applications. During the Customer’s Axon Records Subscription Term Axon will provide Update and Upgrade releases to the Customer on an if-and-when available basis.

14.3. New or additional Axon products and applications, as well as any Axon professional services needed to configure Axon Records, are not included as part of the Axon Records Subscription.

14.4. End Users of Axon Records may upload files to entities (incidents, reports, cases, etc.) in Axon Records with no limit to the number of files and amount of storage. Notwithstanding the foregoing, Axon may limit usage should the Customer exceed an average rate of one-hundred (100) GB per user per year of uploaded files.

Axon will not bill for overages.

15. FUSUS. If Customer purchases a subscription to FUSUS, the following terms apply:

15.1. License and Storage. The specific license number(s) and associated data storage terms for FUSUS subscription and Axon Devices shall be set forth in the applicable Quote provided by Axon.

15.2. Third party Components. Customer is responsible for use of any internet access devices and/or all third-party hardware, software, services, telecommunication services (including Internet connectivity), or other items used by Customer to access the service (“Third-Party Components”) are the sole and exclusive responsibility of Customer, and Axon has no responsibility for such Third-party Components, FUSUS cloud services, or Customer relationships with such third parties. Customer agrees to at all times comply with the lawful terms and conditions of agreements with such third parties. Axon does not represent or warrant that the FUSUS cloud services and the Customer Content are compatible with any specific third-party hardware or software or any other Third-Party Components. Customer is responsible for providing and maintaining an operating environment as reasonably necessary to accommodate and access the FUSUS cloud services.

15.3. Data Privacy. Axon may collect, use, transfer, disclose and otherwise process Customer Content in the context of facilitating communication of data with Customer through their use of FUSUS cloud services FUSUS app (iOS or Android interface), complying with legal requirements, monitoring the Customer’s use of FUSUS systems, and undertaking data analytics.

16. Axon Community Request Storage. If Community Request is included as part of Customer’s Quote or combined offering, Customer may store an unlimited amount of data submitted through the public portal ("Portal Content"), within Customer’s Axon Evidence instance. The post-termination provisions outlined in the Axon Cloud Services Terms of Use Appendix also apply to Portal Content.

17. Performance Auto-Tagging Data. If Axon Performance is included in Customer’s Quote or a combined offering, Axon will store call for service data from Customer’s CAD or RMS in order to provide services and features of Axon Performance to Customer.

18. Axon Cloud Services Restrictions. Customer and Customer End Users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to:

18.1. copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services;

18.2. reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive any source code included in Axon Cloud Services, or allow others to do the same;

18.3. access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas;

18.4. use trade secret information contained in Axon Cloud Services, except as expressly permitted in this Agreement;

18.5. access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services;

18.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within Axon Cloud Services; or

18.7. 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.

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Content. Customer will not incur additional fees if Customer downloads Customer Content from Axon Cloud Services during this time. Axon has no obligation to maintain or provide Customer Content after these ninety (90) days and will thereafter, unless legally prohibited, delete all Customer Content. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Customer Content from Axon Cloud Services.

20. Post-Termination Assistance. Axon will provide Customer 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 Customer 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.

21. U.S. Government Rights. If Customer 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 Customer 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, Customer will immediately discontinue use of Axon Cloud Services.

22. Survival. Upon any termination of this Agreement, the following sections in this Appendix will survive:

Customer Owns Customer Content, Privacy, Storage, Axon Cloud Services Warranty, Customer Responsibilities 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 Customer 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, Customer will be a participant in ACEIP Tier 1. If Customer does not want to participate in ACEIP Tier 1, Customer can revoke its consent at any time. If Customer wants to participate in Tier 2, as detailed below, Customer can check the ACEIP Tier 2 box below. If Customer does not want to participate in ACEIP Tier 2, Customer should leave box unchecked. At any time, Customer may revoke its consent to ACEIP Tier 1, Tier 2, or both Tiers.

2. ACEIP Tier 1.

2.1. When Axon uses Customer Content for the ACEIP Purposes, Axon will extract from Customer Content and may store separately copies of certain segments or elements of the Customer Content (collectively, "ACEIP Content"). When extracting ACEIP Content, Axon will use commercially reasonable efforts to aggregate, transform or de-identify Customer 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 Customer 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 Customer request. Once de-identified, ACEIP Content may then be further modified, analyzed, and used to create derivative works. At any time, Customer may revoke the consent granted herein to Axon to access and use Customer Content for ACEIP Purposes. Within 30 days of receiving the Customer’s request, Axon will no longer access or use Customer 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 Customer. In addition, if Axon uses Customer Content for the ACEIP Purposes, upon request, Axon will make available to Customer a list of the specific type of Customer 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 Customer 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 Customer notice (by updating the list of Use Case at https://www.axon.com/aceip and providing Customer with a mechanism to obtain notice of that update or another commercially reasonable method to Customer designated contact) ("New Use Case").

2.2. Expiration of ACEIP Tier 1. Customer consent granted herein will expire upon termination of the Agreement.

In accordance with section 1.1.1, within 30 days of receiving the Customer’s request, Axon will no longer access or use Customer 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, Customer.

3. ACEIP Tier 2. In addition to ACEIP Tier 1, if Customer wants to help further improve Axon’s services, Customer may choose to participate in Tier 2 of the ACEIP. ACEIP Tier 2 grants Axon certain additional rights to use Customer 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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Content, in addition to those set forth in Tier 1 above, without the guaranteed deployment of a Privacy Preserving Technique to enable product development, improvement, and support that cannot be accomplished with aggregated, transformed, or de-identified data.
☐ Check this box if Customer wants to help further improve Axon’s services by participating in ACEIP Tier 2 in addition to Tier 1. Axon will not enroll Customer into ACEIP Tier 2 until Axon and Customer 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. Customer 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 Customer to assess Customer’s deployment and determine which on-site services are appropriate. If Customer requires more than four (4) consecutive on-site days, Customer must purchase additional days. Axon FullService options include:

System set up and configuration
 Instructor-led setup of Axon View on smartphones (if applicable)  Configure categories and custom roles based on Customer need  Register cameras to Customer domain
 Troubleshoot IT issues with Axon Evidence and Axon Dock ("Dock") access  One on-site session included
Dock configuration
 Work with Customer to decide the ideal location of Docks and set configurations on Dock  Authenticate Dock with Axon Evidence using admin credentials from Customer  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 customers
 Discuss the importance of entering metadata in the field for organization purposes and other best practices for digital data management
 Provide referrals of other customers 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 Customer’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon instructor training (Train the Trainer)
Training for Customer’s in-house instructors who can support Customer’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 Users 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 Customer to assess Customer’s deployment and determine which Services are appropriate. If Customer requires more than one (1) day of on-site Services, Customer must purchase additional on-site Services. The Axon Starter options include:

System set up and configuration (Remote Support)
 Instructor-led setup of Axon View on smartphones (if applicable)  Configure categories & custom roles based on Customer need DRAFT

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 Troubleshoot IT issues with Axon Evidence and Dock access Dock configuration
 Work with Customer to decide the ideal location of Dock setup and set configurations on Dock  Authenticate Dock with Axon Evidence using "Administrator" credentials from Customer  Does not include physical mounting of docks
Axon instructor training (Train the Trainer)
Training for Customer’s in-house instructors who can support Customer’s Axon camera and Axon Evidence training needs after Axon’s has fulfilled its contracted on-site obligations 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 Customer 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 Customer 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 customers
 Discuss the importance of entering metadata and best practices for digital data management  Provide referrals to other customers 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 Customer’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 Customer’s subsequent Axon Evidence training needs.
 For the CEW Full-Service Package: Training for up to 3 individuals at Customer  For the CEW Starter Package: Training for up to 1 individual at Customer 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 Customer 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 Customer 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 Customer to assess Customer'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 Customer settings based on Customer need • Troubleshoot IT issues with Axon VR headset Axon instructor training (Train the Trainer)
Training for up to five (5) Customer's in-house instructors who can support Customer's Axon VR CET and SIM training needs after Axon has fulfilled its contracted on-site obligations Classroom and practical training sessions
Step-by-step explanation and assistance for Customer'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 Customer to assess Customer's deployment and determine which Services are appropriate. If Customer requires more than one (1) day of on-site Services, Customer 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 Customer settings based on Customer need
• Configure drone controller • Troubleshoot IT issues with Axon Evidence Axon instructor training (Train the Trainer)
Training for Customer's in-house instructors who can support Customer'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 Customer'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. Customer 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. Axon Justice Implementation. Axon Justice Implementation includes advanced remote project planning, configuration support, and training. Axon Justice Implementation includes:

System set up and configuration
 Axon performs discovery to understand and document the Agency’s needs.  Axon collaborates with the Client to configure workflows, permissions, and privileges within Axon Evidence based on the Client’s needs.
 Axon will facilitate a workflow discussion with the core admin team.

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Disclosures
 Axon enables the Client to share digital evidence to the defense through the following methods as determined by Client and Axon:

1. Public Defender Case Sharing

2. Disclosure Portal

3. Download Links
Training
 Agency Trainers. Axon works with the Agency to identify the Agency trainers receiving instruction on the product. Axon provides a training guide that outlines the covered topics, intended audience, facility needs, and duration of the training. Axon will schedule a cadence of remote training sessions as needed, which are not to exceed three (3) 2-hour training sessions for Agency staff. Each session can accommodate up to 20 users and will train them in full system functionality. Training sessions provided by Axon are conducted on consecutive weekdays (Tuesday-Thursday) during normal business hours (9am-6pm with an hour break in between sessions). After the initial training, is responsible for any future training. Axon provides all training materials for successful training.  Partner Agencies: Axon will provide Train the Trainer training to the Agency so that it is equipped to train and support their partner agencies. Ensuring the partner agencies are trained to follow the ingestion method is the Agency’s responsibility.

Go-Live Plan
 Axon works in partnership with the Agency to build, coordinate, and execute a Go-Live plan to ensure successful system acceptance. Axon coordinates the Go-Live event.

Implementation document packet
 Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide
Post go-live review

12. Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote, this Appendix, and any applicable SOW. 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.

13. 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 Customer travel time by Axon personnel to Customer premises as work hours.

14. Access Computer Systems to Perform Services. Customer authorizes Axon to access relevant Customer 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 Customer.

Customer 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 Customer.

15. 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 Customer or Axon), Customer 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, Customer 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 Customer when Axon generally releases it.

16. Acceptance. When Axon completes professional services, Axon will present an acceptance form ("Acceptance Form") to Customer. Customer will sign the Acceptance Form acknowledging completion. If Customer reasonably believes Axon did not complete the professional services in substantial conformance with this Agreement, Customer 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 DRAFT

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delivery of the Acceptance Form, the professional services will be deemed accepted by Customer.

17. Customer Network. For work performed by Axon transiting or making use of Customer’s network, Customer is solely responsible for maintenance and functionality of the network. In no event will Axon be liable for loss, damage, or corruption of Customer’s network from any cause.

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Technology Assurance Plan Appendix
If Technology Assurance Plan ("TAP") or a combined offering including TAP is on the Quote, this appendix applies.

1. TAP Warranty. The TAP specific warranty is an extended warranty that starts at the end of the one- (1-) year hardware limited warranty.

2. Officer Safety Plan. If Customer purchases an Officer Safety Plan ("OSP"), Customer will receive the deliverables detailed in the Quote. Customer 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 Refresh. If Customer has no outstanding payment obligations and purchased TAP, Axon will provide Customer a new Axon Device ("Device Refresh") as scheduled in the Quote. If Customer purchased TAP, Axon will provide a Device Refresh that is the same or like Axon Device, at Axon’s option. Axon makes no guarantee the Device Refresh will utilize the same accessories or Axon Dock.

5. TAP Dock Refresh. If Customer has no outstanding payment obligations and purchased TAP, Axon will provide Customer a new Axon Dock as scheduled in the Quote ("Dock Refresh"). Accessories associated with any Dock Refreshes are subject to change at Axon discretion. Dock Refreshes will only include a new Axon Dock Bay configuration unless a new Axon Dock core is required for Axon Device compatibility. If Customer originally purchased a single-bay Axon Dock, the Dock Refresh will be a single-bay Axon Dock model that is the same or like Axon Device, at Axon’s option. If Customer originally purchased a multi-bay Axon Dock, the Dock Refresh will be a multi-bay Axon Dock that is the same or like Axon Device, at Axon’s option.

6. Refresh Delay. Axon may ship the Axon Device and Dock Refreshes as scheduled in the Quote without prior confirmation from Customer unless the Parties agree in writing otherwise at least ninety (90) days in advance. Axon may ship the final Axon Device and Dock Refreshes as scheduled in the Quote sixty (60) days before the end of the Subscription Term without prior confirmation from Customer.

7. Upgrade Change. If Customer wants to upgrade Axon Device models from the current Axon Device to an upgraded Axon Device, Customer must pay the price difference between the MSRP for the current Axon Device and the MSRP for the upgraded Axon Device. If the model Customer desires has an MSRP less than the MSRP of the offered Axon Device Refreshes or Dock Refresh, 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 Refresh, Customer 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 Customer does not return or destroy the Axon Devices, Axon will deactivate the serial numbers for the Axon Devices received by Customer.

9. Termination. If TAP or OSP terminates or expires:

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 Customer must make any missed payments due to the termination before Customer may purchase any future TAP or OSP.

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TASER Device Appendix
This TASER Device Appendix applies to Customer’s TASER 7, TASER 10, OSP 7, OSP 10, OSP Plus, OSP 7 Plus Premium and OSP 10 Plus Premium purchase from Axon, if applicable.

1. Duty Cartridge Replenishment Plan. If the Quote includes "Duty Cartridge Replenishment Plan", Customer must purchase the plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty and those that only use a CEW for training. Customer may not resell cartridges received. Axon will only replace cartridges used in the line of duty.

2. Training. If the Quote includes a TASER On Demand Certification subscription, Customer will have on-demand access to TASER Instructor and TASER Master Instructor courses only for the duration of the TASER Subscription Term. Axon will issue a maximum of ten (10) TASER Instructor vouchers and ten (10) TASER Master Instructor vouchers for every thousand TASER Subscriptions purchased. Customer shall utilize vouchers to register for TASER courses at their discretion; however, Customer may incur a fee for cancellations less than 10 business days prior to a course date or failure to appear to a registered course. The voucher has no cash value. Customer cannot exchange voucher for any other Device or Service. Any unused vouchers at the end of the Term will be forfeited. A voucher does not include any travel or other expenses that might be incurred related to attending a course.

3. Limited Warranty.

3.1. “Deployment” means use of the TASER weapon resulting in the discharge of the conducted energy weapon (“CEW”) cartridge probe. For TASER 10 each probe discharged is consider one Deployment and for TASER 7 the dual probe discharged is considered one Deployment.

3.2. Single User Warranty. If the TASER Device is assigned and used by a single user, Axon warrants that Axonmanufactured TASER Device is free from defects in workmanship and materials for the earlier of: (i) one (1) year from the date of Customer’s receipt or (ii) 100 Deployments per year or a total of 500 Deployments over 5 years.

3.3. Pooled User Warranty. If the TASER Device is assigned and used by multiple users, Axon warrants that Axonmanufactured TASER Device is free from defects in workmanship and materials for the earlier of: (i) one (1) year from the date of Customer’s receipt or (ii) 100 Deployments per year or a total of 500 Deployments over 5 years.

3.4. Training User Devices. If the TASER Device is used for training, Axon warrants that Axon-manufactured TASER Device is free from defects in workmanship and materials for the earlier of: (i) one (1) year from the date of Customer’s receipt or (ii) 100 Deployments per year or a total of 500 Deployments over 5 years.

3.5. CEW Cartridges. Used CEW cartridges are deemed to have operated properly.

3.6. Remaining Terms. The remaining Warranty terms of the Agreement including Disclaimer, Claims, Spare Axon Devices and Limitations shall apply to this TASER Device Appendix

3.7. Registration. Prior to use of the TASER Device, Customer must register each TASER Device in TASER Device Axon Evidence tenancy as a single user, pooled or training device. Failure to properly register the TASER Device prior to its use may void the warranty at Axon’s sole discretion.

4. Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period begins upon the expiration of the Limited Warranty. Each additional year of the warranty purchased will be in accordance with the applicable Limited Warranty category above. The maximum warranty period for an individual TASER Device will be five (5) years including the initial Limited Warranty.

5. Upgrade Change. If Customer wants to upgrade TASER Device from the current TASER Device to an upgraded Axon TASER Device that was not available at the time the parties entered into the original Quote, Customer must pay the price difference between the MSRP for the current TASER Device and the MSRP for the upgraded TASER Device. If the model Customer desires has an MSRP less than the MSRP of the offered new TASER Device, Axon will not provide a refund. The MSRP is the MSRP in effect at the time of the upgrade.

6. Trade-in. If the Quote contains a discount on CEW-related line items and that discount is contingent upon the tradein of hardware, Customer must return used hardware and accessories associated with the discount ("Trade-In Units") to Axon within the below prescribed timeline. Customer must ship batteries via ground shipping. Axon will provide Customer with a pre-paid shipping label for the return of the Trade-In Units. If Axon does not receive Trade-In Units within the timeframe below, Axon will invoice Customer the value of the trade-in credit. Customer may not destroy Trade-In Units and receive a trade-in credit.

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Customer Size Days to Return from Start Date of TASER 10 Subscription Less than 100 officers 60 days
100 to 499 officers 90 days
500+ officers 180 days

7. Customer Warranty. If Customer is located in the US, Customer warrants and acknowledges that TASER 10 is classified as a firearm and is being acquired for official Customer use pursuant to a law enforcement agency transfer under the Gun Control Act of 1968.

8. Purchase Order. To comply with applicable laws and regulations, Customer must provide a purchase order to Axon prior to shipment of TASER 10.

9. Apollo Grant (US only). If Customer has received an Apollo Grant from Axon, Customer must pay all fees in the Quote prior to upgrading to any new TASER Device offered by Axon.

10. Termination. If payment for TASER Device is more than thirty (30) days past due, Axon may terminate Customer’s TASER Device plan by notifying Customer. Upon termination for any reason, then as of the date of termination:

10.1. TASER Device extended warranties and access to Training Content will terminate. No refunds will be given.

10.2. Customer will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER Device plan.

10.3. Axon will invoice Customer the remaining MSRP for TASER Devices received before termination. If terminating for non-appropriation, Axon will not invoice Customer if Customer returns the TASER Device, rechargeable battery, holster, dock, core, training suits, and unused cartridges to Axon within thirty (30) days of the date of termination.

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Axon Application Programming Interface Appendix
This Appendix applies if Axon’s API Services or a subscription to Axon Cloud Services are included on the Quote.

1. Definitions.

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

1.2. "API Interface" means software implemented by Customer to configure Customer’s independent API Client Software to operate in conjunction with the API Service for Customer’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 Customer’s Axon Evidence account or integrate Customer’s Axon Evidence account with other systems.

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

2. Purpose and License.

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

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

2.3. Axon reserves the right to set limitations on Customer’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. Customer will work independently to configure Customer’s API Client with API Service for Customer’s applicable Use. Customer 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. Customer will inform Axon promptly of any updates. Upon Customer’s registration, Axon will provide documentation outlining API Service information.

4. Customer Responsibilities. When using API Service, Customer and its End Users shall 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 virus, worm, defect, Trojan horse, malware, or any item 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 Customer Content or Customer’s API Client content, is considered Axon’s API Content, including:

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Master Services and Purchasing Agreement
Version: 24
Release Date: August 2025 Page 23 of 24

5.1. the design, structure and naming of API Service fields in all responses and requests;

5.2. the resources available within API Service for which Customer 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 Customer 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"). Customer is required to implement and use the most current version of API Service and to make any applicable changes to Customer’s API Client required as a result of such API Update. API Updates may adversely affect how Customer’s API Client access or communicate with API Service or the API Interface. Each API Client must contain means for Customer 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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Master Services and Purchasing Agreement
Version: 24
Release Date: August 2025 Page 24 of 24
Axon Event Offer Appendix
If the Agreement includes the provision of, or Axon otherwise offers, ticket(s), travel and/or accommodation for select events hosted by Axon (“Axon Event”), the following shall apply:

1. General. Subject to the terms and conditions specified below and those in the Agreement, Axon may provide Customer with one or more offers to fund Axon Event ticket(s), travel and/or accommodation for Customer-selected employee(s) to attend one or more Axon Events. By entering into the Agreement, Customer warrants that it is appropriate and permissible for Customer to receive the referenced Axon Event offer(s) based on Customer’s understanding of the terms and conditions outlined in this Axon Event Offer Appendix.

2. Attendee/Employee Selection. Customer shall have sole and absolute discretion to select the Customer employee(s) eligible to receive the ticket(s), travel and/or accommodation that is the subject of any Axon Event offer(s).

3. Compliance. It is the intent of Axon that any and all Axon Event offers comply with all applicable laws, regulations and ethics rules regarding contributions, including gifts and donations. Axon’s provision of ticket(s), travel and/or accommodation for the applicable Axon Event to Customer is intended for the use and benefit of Customer in furtherance of its goals, and not the personal use or benefit of any official or employee of Customer. Axon makes this offer without seeking promises or favoritism for Axon in any bidding arrangements. Further, no exclusivity will be expected by either party in consideration for the offer. Axon makes the offer with the understanding that it will not, as a result of such offer, be prohibited from any procurement opportunities or be subject to any reporting requirements.

If Customer’s local jurisdiction requires Customer to report or disclose the fair market value of the benefits provided by Axon, Customer shall promptly contact Axon to obtain such information, and Axon shall provide the information necessary to facilitate Customer's compliance with such reporting requirements.

4. Assignability. Customer may not sell, transfer, or assign Axon Event ticket(s), travel and/or accommodation provided under the Agreement.

5. Availability. The provision of all offers of Axon Event ticket(s), travel and/or accommodation is subject to availability of funds and resources. Axon has no obligation to provide Axon Event ticket(s), travel and/or accommodation.

6. Revocation of Offer. Axon reserves the right at any time to rescind the offer of Axon Event ticket(s), travel and/or accommodation to Customer if Customer or its selected employees fail to meet the prescribed conditions or if changes in circumstances render the provision of such benefits impractical, inadvisable, or in violation of any applicable laws, regulations, and ethics rules regarding contributions, including gifts and donations.

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REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: January 27, 2026
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA

MESA AUTHORIZING AN AGREEMENT WITH CCS

FACILITY SERVICES FOR JANITORIAL AND CUSTODIAL
SERVICES FOR CITY FACILITIES.

ISSUING DEPARTMENT: Finance
SUMMARY:

Issues:

Should the City Council adopt the resolution to award an agreement for Janitorial and Custodial Services for City Facilities to CCS Facility Services? Recommendation:

It is the recommendation of staff that the City Council adopt the resolution to award an agreement for Janitorial and Custodial Services for City Facilities to CCS Facility Services.

Fiscal Impact:

The janitorial and custodial service is estimated to cost $222,043.16 in fiscal year 2025/2026. Funds are budgeted in accounts 1402-6430 and 5104-6430 for this service.

City’s Strategic Goals:
 Ensure a strong financial outlook through careful planning, sustainable service levels, and fiscal sustainability.

BACKGROUND:

Report to Mayor and Councilmembers
Date: January 27, 2026
Page: 2 of 3
The City has eight locations, some with multiple buildings, which require part time or full time janitorial and custodial services. These facilities have a combined total interior space of approximately 146,000 square feet. Some facilities are serviced by City staff, but most are through contract. Services also include set-up and tear-down of banquet type functions in some locations and occasional or temporary janitorial and custodial services for vacation coverage of City staff. CCS Facility Services had a previous agreement with the City from 2020 through 2025 to provide this service when they were selected following Request For Proposals (RFP) 21-02.

DISCUSSION:

In accordance with the La Mesa Municipal Code Section 2.40.190, “Cooperative Purchasing,” the Purchasing Officer may join with other public jurisdictions in cooperative purchasing plans, programs or pricing agreements. The Purchasing Officer may also buy directly from a vendor at a price established by competitive bidding by another public jurisdiction in substantial compliance with the city’s form contract, informal/open market and/or public project bid procedures. CCS Facility Services was awarded RFP #24/25- 001 by the City of Rancho Cucamonga for the same services that the City of La Mesa facilities need.

Staff recommends entering into an agreement for these services for fiscal year 2025/2026 at a cost of $222,043.16, with four one-year options to renew through fiscal year 2029/2030. Fee increases related to the renewal options will be limited to the Consumer Price Index (CPI) change over the prior twelve (12) months for San Diego for this type of service. The agreement would allow the renewals by mutual written consent of both parties with the City Manager having sole and exclusive right to exercise any options contained in the agreement on behalf of the City.

Report to Mayor and Councilmembers
Date: January 27, 2026
Page: 3 of 3
CONCLUSION:

It is the recommendation of staff that the City Council adopt the resolution to award an agreement for Janitorial and Custodial Services for City Facilities to CCS Facility Services.

Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Shannon Esenwein
City Manager Director of Finance
____________________________
Scott Munzenmaier
Purchasing Officer
Attachments: A. Resolution
B. Agreement

RESOLUTION NO. 2026-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA

AUTHORIZING AN AGREEMENT WITH CCS FACILITY SERVICES FOR

JANITORIAL AND CUSTODIAL SERVICES FOR CITY FACILITIES
WHEREAS, the City has eight locations, some with multiple buildings, which require part time or full time janitorial and custodial services;
WHEREAS, in accordance with the La Mesa Municipal Code Section 2.40.190, “Cooperative Purchasing” the Purchasing Officer may join with other public jurisdictions in cooperative purchasing plans, programs or pricing agreements as well as buy directly from a vendor at a price established by competitive bidding by another public jurisdiction in substantial compliance with the city’s form contract, informal/open market and/or public project bid procedures;
WHEREAS, CCS Facility Services was awarded RFP #24/25-001 by the City of Rancho Cucamonga for the same services that the City of La Mesa facilities need; and WHEREAS, the agreement would be for fiscal year 2025/2026 at a cost of $222,043.16, with four one-year options to renew through fiscal year 2029/2030 with fee increases related to the renewal options will be limited to the Consumer Price Index (CPI) change over the prior twelve (12) months for San Diego for this type of service.

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the City Council intends to award the citywide agreement for janitorial and custodial services at City facilities to CCS Facility Services in the amount of $222,043.16 for fiscal year 2025/2026 with four one-year options to renew.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 27th day of January 2026, by the following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2026- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.

MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)

1 EXHIBIT A

SCOPE OF WORK
Depending upon circumstances, the Contractor may be asked to staff one or more of the facilities noted herein on a temporary, occasional, or emergency basis.

The hours or shifts vary by facility and may be adjustable depending upon the length of the assignment or the duties required for a particular day.

1. Community Services Facilities
Note: Except the Adult Enrichment Center (item 1d), each community service facility (items 1a, b, & c) requires daily services as noted in 3. Typical daily janitorial and custodial services.

Note: At each community service facility listed herein (items 1a, b, c & d) the following additional extra service tasks shall be bid on a lump sum cost basis.

All windows not cleaned daily shall be thoroughly cleaned two times each year.

The City will provide cleaning solutions. The Contractor shall provide all other necessary equipment, e.g., lifts, ladders, or safety harnesses. This task shall be included at no additional cost.

All carpeted areas shall be thoroughly deep cleaned two times each year using encapsulation or dry cleaning methods. The City will provide cleaning solutions.

The Contractor shall provide all other necessary equipment to clean the carpet.

This task shall be included at no additional cost.

All permanent flooring, e.g., linoleum, wood, tile, or sealed concrete shall be thoroughly cleaned, buffed, and waxed twice each year. Industry accepted care shall be taken for each type of flooring material. The City will provide cleaning solutions. The Contractor shall provide all other necessary equipment, e.g., buffers, and waxing applicators. This task shall be included at no additional cost. a) Community Center and Recreation Center – 4975 Memorial Drive The Community Center and Recreation Center buildings are densely populated during the day, janitorial/custodial services will be required during the day and late afternoons, evenings, weekends, and some holidays. Estimated weekday (Monday through Friday) shift times are 8-hour shifts allowing for one half-hour unpaid meal break and two 15 minute rest periods during the shift. Shift coverage includes one shift to start at 6:30 a.m. with another overlap shift to start at 7:30 a.m. Monday through Friday. Weekday staff assigned to the Community Center and Recreation Center will be responsible for routine cleaning and maintenance of all public areas,

2 including kitchens, restrooms, storage closets, and all public meeting rooms.

Duties include basic and deep cleaning as needed, such as spot cleaning, stripping, buffing, and sealing floors. Custodial duties include changing light bulbs, marquee letters, touch up painting, and leaf blowing front and rear walkways. In addition, weekday staff will be responsible for the setup and teardown of equipment used for banquet rentals, classes and special events. Instructional class setup and teardown may include assisting instructional staff with moving gymnastic equipment, mats, and chairs. Banquet rental and special event setup and teardowns include tables, chairs, portable stage, decorative resin columns and arches, dividers, and positioning of a suspended mobile wall unit. Some activities may require more than one setup and teardown during the day.

The need for weekend service is based on actual rental bookings, and notification will be given to the Contractor no less than 30 days in advance for (Friday, Saturday, and Sunday) with cleaning and setup time occurring between 9:00 a.m. to 11:00 p.m. Setup and teardown requirements are the same as noted above.

Typically, assigned weekend staff will arrive at the conclusion of an event, teardown, clean, restock supplies, and reset for another event scheduled the following day. La Mesa Community Services is desirous of increasing the rental capacity of the Community Center and is actively marketing two rental packages for Saturdays. If customer demand for these packages is high, there may be some days where two rental party uses occur on a Saturday, necessitating a mid-day teardown, clean up and reset for a second function. Scheduling a split shift or multiple staffing options are negotiable based on the individual proposal being submitted. The need for such a scenario would be based on actual rental bookings, and notification will be given to the Contractor no less than 30 days in advance of such a schedule.

Community Center office areas are to be cleaned daily and accessed by the Contractor’s staff during the regular weekday schedule only when City staff is present. The Contractor’s staff will clean the lobby and two office areas at the municipal pool on alternate Fridays.
b) Nan Couts Cottage – 5045 Memorial Drive
Nan Couts Cottage is located in the MacArthur Park complex across the parking lot from the Community Center and Recreation Center buildings. This facility is used extensively for both rentals and instructional programs. This facility is included in the same proposed schedule as the Community Center and Recreation Center facilities. The Contractor’s staff assigned to the regular weekday and weekend schedule will provide janitorial and custodial cleaning services for this facility as well as responsibility for setup and teardown of instructional equipment to include tables, chairs, portable racks and mats. Rental users of this facility typically setup and teardown on their own.

3 c) Sunset Gym – 5540 Lake Park Way
The Sunset Gym fitness facility is located approximately two miles from MacArthur Park. This facility, which also houses the Challenge Center, is open to the public and Challenge Center clients Monday through Friday from 9:00 a.m. to 6:00 p.m. Janitorial and custodial service is required each night. Services to be performed include cleaning and stocking restrooms and locker rooms, vacuuming carpeted areas, and cleaning floor surfaces. Actual hours may be subject to negotiation based on the proposal recommended staffing level; however, the start of the shift must follow the closing of the facility. d) Adult Enrichment Center – 8450 La Mesa Boulevard
NOTE: ONLY occasional as-needed services for this facility.

The Adult Enrichment Center is located approximately one block from the Community Center. This facility has a full-time City employee providing regular services during the workweek. Janitorial or custodial setup and teardown needs for this facility are for weekends (Friday & Saturday) regularly and on an occasional on-call basis for vacation relief of mentioned employee. Duties will be similar to the Community Center and Recreation Center, including setup and teardown of tables, chairs, portable stage, risers, and moveable suspended wall.

The Adult Education Center includes the main hall and office area, adjacent clubhouse, and Porter Hall, which is located across the street on the corner of University Avenue and Memorial Drive. For as-needed vacation relief, Porter Hall requires Monday and Friday restroom cleaning services at .5 hours each per day.

2. Various citywide facilities
a) La Mesa Public Works Operations - 8152 Commercial St.

NOTE: Daily for Bldgs. #300, #400, and bi-weekly for Bldg. #700 b) La Mesa Fire Administration - 8054 Allison Ave.

NOTE: Daily, administration facility and EOC room only
c) La Mesa Fire Station #12 - 8844 Dallas St.

NOTE: Bi-weekly, public area and conference room only
d) La Mesa City Hall - 8130 Allison Ave.

NOTE: ONLY occasionally as-needed services for this facility

4 All windows not cleaned daily shall be thoroughly cleaned two times each year.

The City will provide cleaning solutions. The Contractor shall provide all other necessary equipment, e.g., lifts, ladders, or safety harnesses. This task shall be included at no additional cost.

All carpeted areas shall be thoroughly deep cleaned two times each year using encapsulation or dry cleaning methods. The City will provide cleaning solutions.

The Contractor shall provide all other necessary equipment to clean the carpet.

This task shall be included at no additional cost.

All permanent flooring, e.g., linoleum, wood, tile, or sealed concrete shall be thoroughly cleaned, buffed, and waxed twice each year. Industry accepted care shall be taken for each type of flooring material. The City will provide cleaning solutions. The Contractor shall provide all other necessary equipment, e.g., buffers, and waxing applicators. This task shall be included at no additional cost.

3. Fire Stations, Deep Cleaning
a) La Mesa Fire Station #11 - 8034 Allison Ave.
b) La Mesa Fire Station #12 - 9010 Grossmont Blvd.
c) La Mesa Fire Station #13 - 8844 Dallas St.

The Fire Stations listed above shall be thoroughly deep cleaned two times each year. Service should include top to bottom cleaning of all surfaces and windows, including dusting and sanitizing of floors. The City will provide cleaning solutions.

The Contractor shall provide all other necessary equipment, e.g., lifts, ladders, and safety harnesses. This task shall be included at no additional cost.

4. General Scope of Work for all facilities
Typical Daily Janitorial and Custodial Tasks
NOTE: Brooms, vacuums, and cleaning solutions for daily tasks will be supplied by the city.
a. Clean and sanitize drinking fountains
b. Clean glass on all main entry doors
c. Stock, clean, and organize custodial supply room
d. Clean and disinfect all restroom fixtures, countertops, and mirrors e. Clean and sanitize lunchroom countertops, sinks, and appliances f. Dust mop all tiled floors
g. Dust file cabinets, doors, ledges, and dividers (desks as requested) h. Clean and sanitize reception area countertops
i. Empty all exterior trash and recycling cans
j. Empty all interior trash and recycle cans

5 k. Fill all dispensers for soap, paper towels, toilet paper, and toilet seat covers
l. Wet mop tiled floors in the lunchroom and restrooms to disinfect and clean m. Vacuum all carpeted areas and spot clean as needed
n. Wipe down all lunchroom tables and chairs
o. Wipe off, and clean fingerprints from doors, walls, and light switches p. Wipe and clean off all window sills and door frames as needed q. Report security issues to the supervisor as instructed r. Check all lighting and report outages to the supervisor as instructed s. Set security alarms as instructed
t. Maintain, sign and date a daily log of items completed Security Alarms
The Community Center, Recreation Center, Municipal Pool, Sunset Gym, and some of the additional citywide facilities are equipped with security alarm systems. The Contractor will be provided with keys and a unique security system code that will be distributed only to those working at the facilities regularly. The Contractor’s assigned staff will be responsible for disarming the security system with the proper code when entering the locked facilities. They will also be responsible for securing all facilities and if they are last to leave the facility, arming the security system upon completion of each shift. The Contractor shall notify the Building Maintenance Supervisor, Department Head, Building Manager, or his/her designee(s) when staffing changes occur so that new security system codes can be issued. Contracted staff assigned on an occasional need basis will be issued temporary security system codes and keys, when necessary, for the duration of each assignment.

Verification and Changes to Scope of Work and Schedule
Before the start of this contract, a specific schedule will be established between the Contractor and the Building Maintenance Supervisor, Department Head, and Building Manager. This schedule will include the specific work hours, the number of personnel for each facility, and procedures for notification and callback in the event of extraordinary needs. This schedule will be developed to meet the operational requirements of the facilities.

Contract Modification
From time to time, minor modifications may be required to the maintenance schedule checklist, equipment, and supplies used or quantity or character of work to be performed in any or all of the facilities. Permanent modifications to the scope of work will be provided to the Contractor in writing. In the event such modifications, in the opinion of the Contractor, make compliance with contract conditions impractical, the Contractor shall submit a written request for modification to the requirements in the scope of work. This request shall outline,

6 in detail, why the specified changes make the scope of work impractical and include the Contractor’s proposal or recommendation to relieve the impracticality.

Shift hours and length of the shift may be subject to negotiation based upon the proposal submitted; however, priority consideration will be given to current programming requirements, public demand for the use of the facilities, and practicality of the work. A staffing schedule shall be established at the beginning of the contract. The contractor will be notified no less than 30 days in advance of any required permanent changes to that schedule.

Occasional As-Needed and On-Call Services
In addition to regularly scheduled janitorial and custodial services, the Contractor will provide vacation relief staffing for the Adult Education Center and City Hall daytime staff custodian. These shifts will be scheduled in advance, sometimes a day or two at a time, but more typically in one or two-week increments.

The Contractor is also asked to provide occasional relief on an as-needed and on-call basis for extraordinary needs or the event of a staff custodian's illness.

Requests for on-call services may have little advance notice in the event of staff illness. The Contractor will provide quotes for hourly rates for occasional and oncall services on the attached cost schedule proposal form included herein. Any occasional or extraordinary work performed shall be subject to all other provisions of this contract. When such work is scheduled, Contractor will provide a separate line item on invoices for any additional service by the facility where the work was performed.

Contractor Experience
Before the contract is awarded, the successful firm will be required to demonstrate to the Director of Community Services, or a member of the Director’s staff, and the Purchasing Officer that he/she has successfully and satisfactorily performed custodial and janitorial setup and teardown services in recreational and banquet facilities, in the Southern California area during the past three years, of the type involved in this contract and possesses the necessary resources and expertise to perform the work.

Local Office
The Contractor shall maintain a local office with a competent company representative who can be reached during regular working hours and is authorized to discuss matters about this contract with the Building Maintenance Supervisor, Department Head, Building Manager, or his/her designee(s). A local office is one that is located in San Diego County. An answering service in conjunction with a contact for the designated company representative would fulfill this requirement, provided that all calls from the Building Maintenance Supervisor, Department Head, Building Manager, or his/her designee(s) are returned within one hour. A mobile

7 telephone or answering machine does not fulfill the requirement for a local office.

The local office shall have communications access to the on-site staff assigned to this contract.

Staffing Requirements and Training
The contractor shall provide trained staff with a minimum of six months of janitorial and custodial experience. Specific experience is required in restroom care, flooring care to include carpet, vinyl, tile, and wood flooring. Training and experience shall consist of knowledge of the proper use and storage of cleaning materials and chemicals on various surfaces, including thorough education and training related to SDS forms. The contractor’s assigned staff should be knowledgeable in the use and care of equipment typically used in janitorial and custodial work such as vacuums, floor buffers, and carpet extractors, mops, and brooms. The contractor’s assigned staff will be required to occasionally lift and carry equipment and supplies weighing up to 50 pounds.

The City of La Mesa will provide initial orientation and site-specific training for the Contractor’s assigned staff. The Contractor will be responsible for the orientation and training of any newly assigned staff following the initial orientation period and training at the start of the contract.

Staffing Levels and Supervision
The Contractor shall maintain a sufficient number of trained and experienced staff members to cover vacations, illness, and emergency leave for the Contractor’s staff that is regularly assigned to this contract.

The Contractor shall also maintain adequate supervisory staff to ensure all work is being performed as specified under this contract. The Contractor’s supervisory staff shall provide regular and comprehensive inspections of the job sites every week, at minimum. The Contractor shall contact the Building Maintenance Supervisor, Department Head, Building Manager, or his/her designee(s) every week at a designated time, by phone or in person, to evaluate service levels and performance deficiencies. The Building Maintenance Supervisor, Department Head, Building Manager, or his/her designee(s) will provide day-to-day oversight of assigned staff and specific work assignments.

Transportation
Contracted staff will furnish own transportation to, from and between all facilities as necessary.

Cooperation with Others
The Contractor shall endeavor to maintain good public relations at all times. All work shall be conducted in a manner that will cause the least possible

8 interference or annoyance to the public.

Proper Attire
The Contractor shall furnish assigned staff with a shirt, or some other type of upper body wear, of standard company color and displaying the company name, patch, or logo. Such attire is to be worn by the Contractor’s assigned staff at all times while on the premises. The Contractor’s assigned staff should present a neat and clean appearance with clothing free of visible rips, tears, frays, or stains. Clothing or accessories containing advertising, graphics, pictures, or phrases that are, in the opinion of the Building Maintenance Supervisor, Department Head, Building Manager, or his/her designee(s), inappropriate in a public setting are not permitted.

Staff Conduct
The Contractor’s assigned staff and representatives shall professionally conduct themselves and are required to adhere to all laws, ordinances, rules, and regulations currently in effect, including the same codes of conduct governing City staff behavior while present on City premises. These codes of conduct include, but are not limited to, the following:

The City of La Mesa maintains an alcohol and drug-free working environment.

Assigned staff is prohibited from using any non-prescription drug or alcohol on City property. The Contractor shall not permit any assigned staff under the influence of alcohol or drugs to remain on the premises or report to work.

Sexual harassment of staff, patrons, or guests will not be tolerated. The Contractor shall temporarily remove any assigned staff in the event of a sexual harassment complaint being filed against them, pending the outcome of a thorough investigation by the Contractor and the City.

City of La Mesa has prohibited any smoking of tobacco or cannabis in public places. Public place means any place, publicly or privately owned, which is open to the general public regardless of any fee or age requirement.

The City may require the Contractor to remove from the work site any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued employment on the job is considered to be contrary to the best interests of the City of La Mesa.

Safety Requirements
All work performed under this contract shall be conducted in such a manner as to provide maximum safety to the public and city staff. Safety practices shall conform to safety standards set by Cal/OSHA. The city reserves the right to issue restraint

9 or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract.

Hazardous Conditions
The Contractor shall be proactive in maintaining all worksites to prevent injury or damage to people or property. Any hazardous condition noted by the Contractor, which is not a result of his/her operations, shall immediately be reported to Public Works Operations at (619) 667-1450. The Contractor will need to contact the La Mesa Police Dispatch Center at (619) 667-1400, who will then contact the Public Works stand-by duty Supervisor to report the problem, to report hazardous conditions after normal working hours for the facility.

Background Checks
All staff assigned to City buildings must undergo a live scan fingerprinting and background procedure conducted by the La Mesa Police Department before entering any City buildings unescorted. Contracted staff assigned to the Police Department may have to undergo additional background investigations.

Use of Office Equipment Prohibited
The Contractor’s staff is prohibited from the use of City telephones, audiovisual or sound equipment, typewriters, computers, copiers, appliances, or any other machines or equipment not normally used in the performance of the work required under this contract. The Contractor must not allow unauthorized persons (spouses, children, siblings, and friends) on City premises or permit the unauthorized use of City property or equipment throughout the term of this contract.

Access and Security Measures
The Contractor and assigned staff shall maintain strict security procedures at all times. Keys issued to the Contractor are property of the City. Keys shall not be duplicated except by the City. All keys shall be returned to the City upon completion of the contract. Lost keys shall be reported immediately to the Building Maintenance Supervisor, Department Head, Building Manager, or his/her designee(s).

Alarm codes issued to assigned staff are the responsibility of each individual.

Keys will not be left in any doors. Lights will be turned off, and any interior doors secured before leaving areas that have been cleaned or accessed. Exterior doors shall be kept locked when working after normal operating hours. When the Contractor’s assigned staff is last in the building, all lights shall be turned off, doors locked, and security alarms armed before leaving the building at the end of the shift.

10 Only the Contractor’s assigned and approved personnel shall be allowed access and entry into each facility.

Reporting Problems
The Contractor shall report any unlocked doors or windows, damaged property, suspicious persons, or other problems to the Building Maintenance Supervisor, Department Head, Building Manager, or his/her designee(s) immediately, or if working after hours, on the following workday. After-hour emergencies such as leaks, electrical problems, broken windows, or other safety or security issues should be reported to the La Mesa Police Dispatch Center at (619) 667-1400, who will then contact the Public Works stand-by duty Supervisor to report the problem.

Access to Office Areas Restricted
Routine cleaning and maintenance of office areas will be conducted only during regular hours of operation when City staff is present. Non-routine procedures such as cleaning of the carpets and buffing of floors will be scheduled with the Building Maintenance Supervisor, Department Head, Building Manager, or his/her designee(s).

Evaluation of Performance
All work performed under this contract shall be conducted in such a manner as to provide maximum safety to the public and city staff. Safety practices shall conform to safety standards set by Cal/OSHA.

Performance levels required shall be evaluated by La Mesa Community Services staff based on the attached maintenance schedule. The Contractor will be required to perform the checklist items on the maintenance schedule for each facility in a consistent satisfactory manner. The Contractor will remedy any checklist item determined to be unsatisfactory no later than the end of the shift following notification of any unsatisfactory rating. If the Building Maintenance Supervisor, Department Head, Building Manager, or his/her designee(s), determine the issue which was rated unsatisfactory requires immediate attention by the Contractor, the Contractor shall respond within four hours. Failure to remedy any unsatisfactory rating or repeated unsatisfactory ratings during one month may result in termination of the contract. The Community Director, Department Head, Building Manager, or his/her designee(s) shall be the sole and final judge of the quality of work in compliance with the specifications outlined in this contract.

11 Responsibility for Damage
The Contractor shall be responsible for any substantial damage to facilities or equipment beyond normal wear and tear due to carelessness or negligence by the Contractor’s assigned staff. Such damage will be noted on maintenance checklists and reported to Contractor’s representative during routine communications. Payment will be withheld from Contractor’s invoice for the cost of necessary repairs or replacements due to damage caused by Contractor’s staff.

Day-to-Day Supervision
Contracted staff will come under the day-to-day supervision of the Building Maintenance Supervisor, Department Head, Building Manager, or his/her designee(s). Designees will vary by facility.

The City of La Mesa will provide ALL cleaning supplies and the necessary equipment to accomplish the required tasks as outlined in this contract and described under Contractor Responsibilities. The following issues will be coordinated through the Building Maintenance Supervisor, Department Head, Building Manager, or his/her designee(s):
 Maintenance of the supplies inventory
 Preventive maintenance and repairs to equipment
 Cleaning and maintenance schedule for facilities
 Evaluation and feedback on performance levels
Materials and Supplies
The City of La Mesa will provide ALL cleaning supplies and equipment required to perform the services called for in these contract specifications. Safety Data Sheets (SDS) will be maintained in an area accessible by the Contractor’s assigned staff. The Building Maintenance Supervisor or a supply vendor will provide initial training only in the appropriate use of our chemicals, supplies, and equipment. After the initial training, the Contractor is responsible for training a replacement or subsequent staff.

The city will not be responsible for the misuse of chemicals or equipment by the Contractor’s staff.

Training, Orientation, and Feedback
The City of La Mesa staff will provide a one-time initial orientation and sitespecific training for all facilities upon the start of the contract. City staff or various vendor representatives will provide a one-time initial orientation and training upon

12 implementation of any existing or new equipment, supplies, or significant physical changes to any of the facilities.

City staff will evaluate the Contractor’s performance regularly and provide feedback, including notification of any unsatisfactory rating requiring remedy.

Holidays
In the event janitorial or custodial services are required on a recognized holiday, La Mesa Community Services staff will notify the Contractor of the need for services no less than 30 days in advance of a recognized holiday. A current schedule of recognized holidays will be provided to the successful firm. If any facility is closed for recognized holidays; the contracted staff is to be paid for the normally scheduled hours.

Keys and Alarm Codes
The Building Maintenance Supervisor, Department Head, Building Manager, or his/her designee(s) will provide the Contractor with keys and alarm codes for regularly assigned staff.

Licenses and Permits
The Contractor shall, without additional expense to the City, possess all licenses and permits required for the performance of the work required by this contract, prior to award of contract.

Business License
The Contractor must obtain a City of La Mesa business license prior to beginning work under this contract.

Facility & extra tasks
Estimated hours
per 7 day week
per staff member
Estimated
number of
needed staff
Per
occurrence
cost
Per hour cost
Total hourly
cost per 7 day
week
Monthly cost Annual cost Occurances &
hours
Annual cost -
All services
Com., Rec. & Nan Couts Typ.

Daily Tasks 41.275 2 $ 29.39 $ 2,426.32 $ 10,514.05 $ 126,168.64 $ 126,168.64 Comm Ctr weekend teardown/set-up $ 136.00 110 $ 14,960.00 Rec Ctr weekend teardown/set-up $ 102.00 90 $ 9,180.00 Nan Couts weekend teardown/set-up $ 71.40 90 $ 6,426.00 Challenge Center, Sunset
Gym Typ. Daily Tasks 11.31 1 $ 27.90 $ 315.55 $ 1,367.38 $ 16,408.55 $ 16,408.55 Adult Enrichment Center (asneeded coverage) $ 44.55 120 $ 5,346.00 Weekend tear-down/set-up $ 93.50 52 $ 4,862.00
PW Ops bldgs. #300, 400, 600
Typ. Daily Tasks 11.62 1 $ 27.51 $ 319.67 $ 1,385.22 $ 16,622.64 $ 16,622.64 Fire Admin. Typ. Daily Tasks 6.13 1 $ 27.89 $ 170.97 $ 740.85 $ 8,890.22 $ 8,890.22 Fire # 12 Conf. & RR's Typ.

Daily Tasks 2.901 1 $ 28.30 $ 82.10 $ 355.76 $ 4,269.11 $ 4,269.11 City Hall Bldg. & Annex I, II $ 44.55 120 $ 5,346.00
On-call / As-needed Services $ 44.55 80 $ 3,564.00
$ 222,043.16

CCS FACILITY SERVICES
FY25/26 Janitorial and Custodial Services at City Facilities

SCHEDULE OF FEES

ATTACHMENT

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: January 27, 2026
SUBJECT: CONSIDERATION OF AN ORDINANCE REPEALING LA
MESA MUNICIPAL CODE (LMMC) CHAPTER 18.18 –

SIDEWALK CAFES
ISSUING DEPARTMENT: Community Development
SUMMARY:

Issue:

Should the City Council repeal LMMC Chapter 18.18 – Sidewalk Cafes? Recommendation:

That the City Council introduce for first reading the attached draft Ordinance (Attachment “A”) repealing LMMC Chapter 18.18 – Sidewalk Cafes.

Fiscal Impact:

There would be no impact to the General Fund.

City’s Strategic Goals:
 Maintain a community where residents and visitors feel safe.  Promote a high quality of life that current and future generations can afford to call home.
 Invest in infrastructure to serve the needs of the community.

Report to Mayor and Councilmembers
Date: January 27, 2026
Page: 2 of 3
Environmental Review:

The adoption of the draft ordinance (proposed project) is exempt under the California Environmental Quality Act in accordance with Title 14 Cal. Code Regs. 15061(b)(3), because it can be seen with certainty that there is no possibility that the proposed project would have a significant effect on the environment; thereby, the activity is not subject to CEQA.

BACKGROUND:

In 1984, the City of La Mesa (City) adopted a Sidewalk Cafe Ordinance (Attachment “B”) authorizing dining within the right-of-way in the Downtown Commercial (CD) Zone, pursuant to a Site Development Plan review by the Director of Community Development.

Attachment “C” shows the applicable CD Zone. In 2020, the State of California (State) suspended indoor dining for San Diego County due to the pandemic. To support businesses during this time, the City issued Executive Order No. 3-2020 on July 9, 2020, which temporarily allowed eating establishments increased flexibility to utilize public and private outdoor areas for dining throughout the City. Since the end of the pandemic, the City has received consistent community support for maintaining and expanding outdoor dining opportunities.

In response, the staff has drafted a policy authorizing the expansion of sidewalk dining within the public right-of-way (Sidewalk Dining Policy). If the Sidewalk Dining Policy is adopted, the existing Sidewalk Café Ordinance (Attachment “B”) would no longer be applicable.

DISCUSSION:

To maintain and expand outdoor dining opportunities within the public right-of-way, staff recommends repealing Ordinance No. 2358 which adopted LMMC Chapter 18.18 - Sidewalk Cafés, and replace it with a new policy designed to:

1. Create a streamlined process

2. Activate major street frontages and commercial properties

3. Promote economic development

4. Retain clear paths of travel
The draft Sidewalk Dining Policy (which includes permit submittal requirements and permit conditions) will be brought forward to City Council as part of a separate agenda item. If adopted, the draft ordinance (Attachment “A”) would repeal the existing regulations for sidewalk cafes in the public right-of-way, which would no longer be

Report to Mayor and Councilmembers
Date: January 27, 2026
Page: 3 of 3
necessary.

PUBLIC NOTICE OF PROJECT:

Notice of the City Council hearing to consider the draft Ordinance was published in The Daily Transcript on January 16, 2026, pursuant to state law.

CONCLUSION:

Staff recommends that the City Council introduce for first reading the attached draft Ordinance (Attachment A) to repeal LMMC Chapter 18.18 as referenced above.

Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Lynnette Santos
City Manager Director of Community Development
Attachments:

A. Draft Ordinance repealing LMMC Chapter 18.18
B. Existing Sidewalk Café Ordinance
C. CD Zone Map

ORDINANCE NO. 2026-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA REPEALING LA MESA MUNICIPAL CODE (LMMC) CHAPTER 18.18 -

SIDEWALK CAFES
WHEREAS, the City Council of the City of La Mesa adopted Ordinance 2358, June 21, 1984, which enacted Chapter 18.18 Sidewalk Cafes;
WHEREAS, the City Council now desires to repeal LMMC Chapter 18.18 – Sidewalk Cafes;
WHEREAS, it is the intent of the City Council to replace LMMC Chapter 18.18 – Sidewalk Cafes with a policy for sidewalk dining to promote opportunities to revitalize commercial districts, and maximize the potential of commercial centers in order to attract an appealing mix of new businesses, consistent with the goals of the La Mesa General Plan; WHEREAS, the project is exempt under the California Environmental Quality Act in accordance with Title 14 Cal. Code Regs. 15061(b)(3); and WHEREAS, on January 27, 2026, the City Council held a duly noticed public hearing to repeal the ordinance adopting Chapter 18.18 – Sidewalk Cafes of the La Mesa Municipal Code.

NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the City Council of the City of La Mesa, California as follows:

SECTION 1: LMMC Chapter 18.18 –Sidewalk Cafes is hereby repealed in its entirety.

SECTION 2: This Ordinance shall be effective 30 days after its adoption and the City Clerk shall certify to the adoption of this Ordinance and cause the same to be published at least once in a newspaper of general circulation within 15 days of its adoption.

INTRODUCED AND FIRST READ at a Regular meeting of the City Council of the City of La Mesa, California, held on the 27th day of January, 2026, and thereafter PASSED AND ADOPTED at a Regular meeting of said City Council held the 10 th day of February, 2026, by the
following vote, to wit:

AYES:

NOES:

ABSENT:

APPROVED:
__________________________
MARK ARAPOSTATHIS, Mayor
ATTEST
MEGAN WIEGELMAN, CMC, City Clerk

CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be true and exact copy of Ordinance No. 2026- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.

MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)

ORDINANCE NO. 2358
AN ORDINANCE ADDING TITLE 18 TO THE

LA MESA MUNICIPAL CODE - SIDEWALK CAFES
The City Council of the City cf La Mesa, California, DOES ORDAIN as follows:

SEC?iON 1. Title ] 8 is hereby added tc the La Mesa Municipal Code t¢ read as shown on Exhibit "A", attached hereto and by this reference made a part hereof.

SECTION 2. This ordinance shall be effective 30 days after its adoption and the City Clerk shall certify to the adoption of this ordinance and cause same to be published at least once in the La Mesa Courier within 15 days after its adoption.

INTRODUCED AND FIRST READ at a
regularly adjou~ned meeting cf the
City Council of the City of La Mesa, California, held the 8th day of Ma~. , 1984, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 22nd day of May , 1984, by the following vote, to wit:

AYES: Councilmen Hill, Nagel and Bailey
NOES: Councilman Madrid
ABSENT: Councilwoman Lopez
APPROVED:

E~. BAILEY.~MaY~~
ATTEST:

ANITA D. UNDERWOOD, City Clerk
Acting City Clerk

CERTIEICATE OF CITY CLERK
I, ANITA D. UNDERWOOD, City Clerk of the City of La Mesa, California, do hereby certify the foreg¢ing to be a true and correct copy of Ordinance No. 2358 , duly p~ssed and adopted by the City Council of said City cn the date and by the vote therein recited and that the same has been duly published according t¢ law.

SEAL OF CITY)
ANITA D. UNDERWOOD, City Clerk
Acting City Clerk

EXHIBIT " A"
Sections:

18. 01018.

18. 02018.

18. 03018.

18. 04018.

18. 05018.

18. 06018.

18. 07018.

TITLE 18

STREETS AND SIDEWALKS
Chapter 18.18
Sidewalk Cafes
Intent
Definition
General Provisions
Clear Path for Pedestrians
Design Criteria
Permits and Approval Process
Insurance

18. 01018.
sidewalk cafes
health, safety
Intent. It is the intent of the City of La Mesa to permit in the downtown commercial area, while protecting the public and general welfare.

The general goals of this chapter are as follows:

A. To permit sidewalk cafes which fit in with the character of the area, and which are compact, suggest intimacy, charm, and functionality through materials, landscaping and use.

B. To ensure adequate space for pedestrians on the sidewalk adjacent to the cafe.

18. 02018. Definition.
is defined as follows:

For the purpose of this chapter, sidewalk cafe
SIDEWALK CAFE means an area adjacent to a street-level eating and drinking establishment, located within the sidewalk area of the public right of way, defined by railings or fencing which separates the encroachment area from the remainder of the sidewalk, and which is used exclusively for dining, drinking and circulation therein.

18. 03018. General Provisions.

A. Sidewalk cafes shall be located only in the CD ( Downtown Commercial) Zone.

B. Establishment of a sidewalk cafe shall require the approval of a site development plan and an encroachment permit from the Engineering Department.

C. Operators of the cafe shall be required to provide public liability insurance to the satisfaction of the City Attorney.

D. Sidewalk cafes shall not be injurious to paving or existing features located on a public walkway.

E. All sidewalk cafes shall adjoin and be operated in conjunction with indoor restaurants or food stores licensed to sell food and/or beverages for consumption on the premises.

F. The hours of operation of a sidewalk cafe shall be limited to the hours of operation of the associated eating establishment.

G. The selling of alcoholic beverages shall be allowed only in conjunction with a restaurant or food store, and shall conform to all pertinent State liquor laws.

H. Cafes shall , emain clear cf litter at all times.

I. There shall be no food preparation or storage exterior to the food establishment.

J. Tables may be served by waiters or waitresses, or be self-serviced when busperson service is provided in order to keep the area free of litter and wastes. Such service shall not be permitted from outside the confines of the railings or fencing.

K. Sound reproduction shall be limited and subdued in nature, shall serve only as background music, and shall not impose ~n adjacent businesses or pedestrian activity. No sound equipment shall, be located in the right of way area.

18. 04018. Clear Path for Pedestrians. -] here shall be a minimum cleadistance of 50 percent of the distance from th~ property line to the curb line, but in no event less than five feet of paved sidewalk, free of all obstructions, in order to allow adequate pedestrian movement. Obstructions shall include, but not be limited to, fire hydrants, landscaping, light posts, parking meters, and similar obstacles. Recesses less than six feet in length along the sidewalk cafe frontage may not be used to satisfy this unobstructed width requirement.

18. 05018. Desig~ Criteria.

A. All restaurant equipment, furniture, and landscaping shall be nonpermanent and moveable.

B. Railings or fencing shall be fixed to the sidewalk and removable with tools in order to clearly define the area of the sidewalk cafe, and shall be ornamental.

C. Adequate lighting shall be provided in order to illuminate the interior and boundaries of the sidewalk cafe, but not areas beyond the cafe's immediate setting.

D. Awnings and umbrellas shall be permitted. Awnings shall be adequately secured and at no point lower than 7'-0" in height from the floor of the cafe.

E. No signs shall be permitted on a sidewalk cafe except that the name and type of establishment may appear on the valance of an awning or on umbrellas.

F. No type of trash containers ( except those owned by the City of La Mesa) or other storage shall be permitted on the public sidewalk.

G. No portion of a sidewalk cafe shall be located within six feet of an entrance to an adjacent business or residence.

H. Sidewalk cafes shall be at the same elevation as the adjoining sidewalk.

I. No portion of a sidewalk cafe, such as gates or any objects placed within its boundaries, shall swing or project beyond the designated exterior perimeter of the sidewalk cafe.

J. Landscaping shall be allowed only in moveable planters.

K. All railing or fencing shall not exceed three feet in height.

L. No railing, fencing, or landscaping shall serve to obstruct reasonable visibility of the interior of a sidewalk cafe from the sidewalk.

M. Any damage to the sidewalk, caused by the operation of a sidewalk cafe, shall be repaired to the satisfaction of the City Engineer, at the sole cost of the permittee.

18. O6018. Permits and Approval Process. Approval of a site development plan by the Development Advisory Board and the Architectural Review Board in accordance with the provisions and design criteria of this Chapter shall be required for the establishment of a sidewalk cafe. An encroachment permit from the Engineering Department, applicable fees and a 200 refundable security deposit are also required.

These approvals shall be reviewed annually, prior to issuance ~f Business License, by the Planning Director and City Engineer, and duly certified that none of the above conditions of the permit have been violated.

Permits shall be subject t? termination at any time on thirty (30) days' prior written notice, upon determination that one or more of the above ccnditicns of the permit have been violated.

18. 07018. Insurance.

A Public Liability Insurance Policy shall be required before approval of an encroachment permit. Such liability insurance shall be provided in a form and an amount acceptable to the City Engineer and City Attorney.

This policy must be maintained at all times.

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: January 27, 2026
SUBJECT: PROJECT NO. 2025-1928 – SIDEWALK DINING

POLICY IN COMMERCIAL ZONES
DESCRIPTION: CONSIDERATION OF A RESOLUTION ADOPTING A

SIDEWALK DINING POLICY IN COMMERCIAL ZONES
ISSUING DEPARTMENT: Community Development
SUMMARY:

Issues:

Should the City Council adopt a Sidewalk Dining Policy? Recommendation:

That the City Council adopt the draft resolution (Attachment “A”) adopting a Sidewalk Dining Policy.

Fiscal Impact:

Implementation of the proposed Sidewalk Dining Policy is not anticipated to result in an immediate or direct fiscal impact. The City will retain ownership of fencing associated with sidewalk dining areas, as well as any public street furniture located within the public right-of-way, including but not limited to benches, trash receptacles, and bicycle racks. The City will be responsible for the removal of these improvements, with associated costs funded through the Parking District Fund.

Sidewalk dining opportunities within the public right-of-way located outside of the Parking District Fund area, as well as any associated improvements or funding considerations, will be evaluated on a case-by-case basis.

Report to Mayor and Councilmembers
Date: January 27, 2026
Page: 2 of 4
City’s Strategic Goals.
 Maintain a community where residents and visitors feel safe.  Promote a high quality of life that current and future generations can afford to call home.
 Invest in infrastructure to serve the needs of the community.

Environmental Review:

The project (adoption of a Sidewalk Dining Policy) in the existing right-of-way with no ground disturbing activity is categorically exempt from environmental review under California Environmental Quality Act (CEQA) Guidelines Section 15301, 15303, 15304, and 15311. None of the exceptions in Section 15300.2 apply.

BACKGROUND:

In 1984, the City adopted a Sidewalk Cafe Ordinance allowing for dining within the rightof-way in the CD zone subject to a Site Development Plan review by the Director of Community Development (Attachment “B”). Properties located within the CD zone are highlighted in red in Attachment “C”.

In 2020, the State of California (State) suspended indoor dining for San Diego County due to the pandemic. To support businesses during this time, the City issued Executive Order No. 3-2020 on July 9, 2020, which temporarily allowed eating establishments increased flexibility to utilize public and private outdoor areas for dining. Since the end of the pandemic, the City has received consistent community support for maintaining and expanding outdoor dining opportunities citywide. In response, staff has drafted a policy that would maintain and expand outdoor dining opportunities within the public right-ofway.

In developing the draft policy, staff conducted best-practice research of existing policies from other California cities, including neighboring jurisdictions within San Diego County.

Subsequently, the City conducted community outreach, which included hosting an informational table at the La Mesa Farmers Market on two occasions, distributing social media posts and flyers, a project webpage with on-going updates, meeting with local stakeholders, and hosting two community workshops.

The first community workshop was held at the La Mesa Community Center on September 19, 2024. Subsequently, an Engagement Summary was drafted, which provides a detailed overview of the workshop activities as well as documentation and a thematic summary of the feedback gathered (Attachment “D”). Based on the community feedback provided in Community Workshop #1 and best-practice research, staff drafted

Report to Mayor and Councilmembers
Date: January 27, 2026
Page: 3 of 4
the first draft of a Sidewalk Dining Policy (Attachment “E”), outlining the proposed process and conditions for operation and maintenance of a sidewalk dining area, as well as submittal requirements for a sidewalk dining permit. To receive feedback on the first draft of the Sidewalk Dining Policy, staff hosted a second workshop at a Planning Commission meeting on November 19, 2025. A summary of public comments received on the first draft of the Sidewalk Dining Policy and staff responses is included as Attachment “F”. The City revised the draft Sidewalk Dining Policy in response to feedback received. Since the draft Sidewalk Dining Policy pertains to regulations in the City’s right-of-way, the formal review and adoption process falls under the City Council’s authority. The final draft Sidewalk Dining Policy is presented for Council consideration as Attachment “G”.

DISCUSSION:

The goal of the Sidewalk Dining Policy is to activate the public realm and to streamline and simplify the permit process for restaurants. The draft policy would apply specifically to sidewalk dining within the public right-of-way. It should be noted that an ordinance updating the regulations for outdoor dining on private property will be reviewed and updated at a later date. As part of the Sidewalk Dining Policy update, the City intends to repeal Ordinance No. 2358, which adopted La Mesa Municipal Code Chapter 18.18 - Sidewalk Cafés, and replace it with a new Sidewalk Dining Policy designed to:

1. Create a streamlined process

2. Activate major street frontages and commercial properties

3. Promote economic development

4. Retain clear paths of travel
In drafting the Sidewalk Dining Policy, staff considered a range of factors, including the permit process, sidewalk dining operations, maintenance responsibilities, location and siting requirements, accessible paths of travel, fencing standards, allowable furniture and design, parking, noise, signage, and compliance with all applicable laws and regulations.

Community feedback provided further insights from a restaurant perspective, and assisted staff to draft Sidewalk Dining conditions (Attachment “G”) that are intended to address these elements while expanding opportunities and establishing clear, consistent, and uniform requirements for Sidewalk Dining areas.

The draft Sidewalk Dining Policy expands opportunities by allowing sidewalk dining within all commercial zones, allows for the use of additional City-designated pop-outs within the Downtown Village for sidewalk dining, and allows for unenclosed sidewalk dining areas (i.e. no fencing required) for businesses that do not sell or serve alcohol. Understanding that there are nuances and unique circumstances related to accessibility in the California Building Code, the draft policy has been revised to ensure accessibility through more

Report to Mayor and Councilmembers
Date: January 27, 2026
Page: 4 of 4
generalized conditions that require path of travel within the sidewalk and the sidewalk dining area, dedicated accessible tables and seating, clear width for aisles, and exit paths that are compliant with Chapter 11B of the California Building Code. Additional changes to the policy include, but are not limited to, the removal of the requirement of no tables and chairs on tree grates to ensure businesses can continue to utilize the pop-out areas to their full potential. To clearly demonstrate all of the changes made to the initial draft, a redline strike-through version is included as Attachment “H”.

CONCLUSION:

If adopted, the draft Sidewalk Dining Policy would streamline the permitting process by removing discretionary review, support activation of the public realm by providing additional opportunities for dining areas within the public right-of-way, and maintain clear standards for public health, safety, and accessibility, and high aesthetic quality. Staff recommends the City Council adopt the attached draft resolution (Attachment “A”) adopting the draft Sidewalk Dining Policy in Commercial Zones.

Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Lynnette Santos
City Manager Director of Community Development
Attachments:

A. Draft Resolution Adopting the Sidewalk Dining Policy in Commercial Zones B. Existing Sidewalk Cafe Ordinance
C. CD Zone Map
D. Community Workshop #1 Engagement Summary
E. First Draft Sidewalk Dining Policy
F. Public Comments and Staff Response Summary
G. Proposed Final Draft Sidewalk Dining Policy
H. Redline Strike-Through Sidewalk Dining Policy Changes

RESOLUTION NO. 2026-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA

ADOPTING A POLICY FOR SIDEWALK DINING IN COMMERCIAL ZONES WHEREAS, it is the intent of the City Council to replace Chapter 18.18 – Sidewalk Cafes with a policy for sidewalk dining to promote opportunities to revitalize commercial districts, and maximize the potential of commercial centers in order to attract an appealing mix of new businesses, consistent with the goals of the La Mesa General Plan; WHEREAS, this Resolution adopts and implements said policy; WHEREAS, this Resolution is exempt from environmental review in accordance with California Environmental Quality Act Guidelines Sections 15301, 15303, 15304, and 15311 and complies with the conditions necessary to qualify for the exemptions and none of the exceptions listed in Section 15300.2 apply; and
WHEREAS, on January 27, 2026, the City Council introduced for first reading and conducted a public hearing regarding an Ordinance repealing Ordinance No. 2358 which authorizes Sidewalk Cafes pursuant to certain terms and conditions.

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED By the City Council of the City of La Mesa as follows:

1. The City Council hereby adopts a Sidewalk Dining Policy in Commercial Zones authorizing outdoor seating areas accessory to a food or beverage establishment located adjacent to sidewalk areas of the public right-of-way pursuant to the terms and conditions contained herein.

2. A Sidewalk Dining Permit, Encroachment Maintenance and Removal Agreement, and General Liability Insurance Policy shall be required to operate a sidewalk dining area.

3. General Conditions identified in Exhibit “A” shall apply to all Sidewalk Dining Areas.

4. The Director of Community Development may impose specific conditions on Sidewalk Dining Permits necessitated by a unique, specific proposal.

5. Non-substantive amendments to the Sidewalk Dining Policy (such as clarification, corrections of errors or omissions, or updates required for compliance with applicable law) may be implemented by the Director of Community Development.

6. This Resolution shall become effective immediately and operative on the effective date of Ordinance No. 2026-XXXX.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 27th day of January 2026, by the following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, CMC, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be true and exact copy of Resolution No. 2026- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.

MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)

Exhibit A
Resolution 2026-XX
Sidewalk Dining General Conditions

1. Sidewalk dining shall be operated as an accessory use to an indoor food or beverage establishment and used exclusively for dining and drinking.

2. A Sidewalk Dining Permit, Encroachment Maintenance and Removal Agreement (EMRA) and a current Certificate of Insurance with all applicable endorsements is required for all sidewalk dining areas.

3. An EMRA shall be recorded prior to issuance of the Sidewalk Dining Permit. The recorded EMRA shall be submitted to and kept on file with the Community Development Department.

4. All insurance requirements shall be current at all times, reviewed annually, and provided in a form and an amount acceptable to the City as outlined in the EMRA.

5. All required insurance pursuant to the issuance of a Sidewalk Dining Permit shall be effective prior to the placement of any sidewalk dining furniture, landscaping and/or equipment in the public right-of-way; and, shall remain effective until all such items are removed from the public right-of-way.

6. The Sidewalk Dining Permit, EMRA and General Liability Insurance Policy shall not be transferable. If there is a change of ownership or change of business to a food or beverage establishment, all furniture shall be removed until a new application for a sidewalk dining area, including updated City determined liability insurance requirements, requisite endorsements and applicable fees are approved.

7. The Sidewalk Dining Permit shall expire and may be renewed every 3 years from the date of issuance. If the permit expires and is not renewed within 30 days of the expiration date, all sidewalk dining furniture and equipment shall be removed in its entirety by the permittee. If sidewalk dining furniture and equipment is not removed within 30 days of the expiration date, the City shall remove any sidewalk dining furniture and/or equipment at the sole cost of the permittee.

8. Prior to vacating the sidewalk dining area, the permittee shall fully restore City property to original conditions or better, as determined by the Community Development Director.

9. Any Sidewalk Dining permit may be terminated for the City’s convenience at any time, on thirty days' prior written notice.

10.The hours of operation of sidewalk dining shall be the same as the associated food or beverage establishment, but no later than 10 p.m.

11.All sidewalk dining areas shall be located directly adjacent to the food or beverage establishment’s building wall, and within the Downtown Commercial (CD) zone may also be adjacent to the street curb within a designated sidewalk pop-out.

12.All sidewalk dining areas shall be restricted to the length of the building frontage(s) utilized for permittee’s business operations.

13.If a sidewalk dining area is located within a designated sidewalk pop-out, then the following conditions apply:
a. All City-owned street furniture located within a proposed sidewalk dining area shall be replaced and/or relocated to another location as determined by the Director of Community Development.
b. Fencing shall be required.
c. Street trees shall not be trimmed, pruned, removed or relocated to accommodate sidewalk dining.
d. Sidewalk dining areas shall be designed to preserve and protect existing trees.
e. No awnings, lighting, or other furniture or equipment shall be attached to trees.
f. Disposal of beverages, water and/or ice at base of tree or in tree wells is prohibited.
g. No electrical service, wiring, or cords shall be located or strung between a sidewalk dining area located adjacent to the curb and the associated place of business.
h. Tree grates that are damaged due to the use of a sidewalk dining area shall be replaced at the sole cost of the permittee.

14.If fencing is proposed and/or required for the sidewalk dining area as noted in this policy, fencing shall comply with the following standards:
a. All fencing for sidewalk dining areas within the Downtown Village Parking Permit Program designated areas shall be wrought iron, comply with City of La Mesa Standard Drawing LMSD M-2 – Wrought Iron Fencing, and installed by the City.
b. All fencing for sidewalk dining areas within the Downtown Commercial (CD) and not within the Downtown Village Parking Permit Program designated area, General Commercial (C), Neighborhood Commercial

(CN), and Light Industrial and Commercial (CM) zones shall comply with the following standards:
i. Fences shall have a minimum height of three feet and a maximum height of six feet.
ii. Fences over four feet in height shall be at least fifty percent open (see-through) to maintain visibility.
iii. Permitted materials for all railings or fencing include wrought iron, tubular steel, wood, glass, decorative masonry, and planter boxes. The use of chain link, cyclone fencing, chicken wire, fabric inserts, rope, or plastic is strictly prohibited.
c. Fencing for all sidewalk dining areas shall be securely fixed to the sidewalk and designed to be removable with tools to clearly define the boundaries of the sidewalk dining area.
d. Nothing shall be attached to the fencing, unless otherwise stated. e. Fencing or landscaping shall not obstruct reasonable visibility into the interior of a sidewalk dining area from the sidewalk.

15.If no fencing is proposed for the sidewalk dining area, then the following conditions shall apply to the unenclosed sidewalk dining area:
a. The unenclosed sidewalk dining area shall be located directly adjacent to the establishment’s building wall.
b. The location of a sidewalk dining area shall be restricted to the length of the building frontage(s) utilized for permittee’s business operations. c. All furnishings, equipment, and landscaping shall be removed and placed inside daily outside of regular business hours, but no later than 10 p.m.

16.All Sidewalk dining areas shall maintain the following minimum dimensions for pedestrian access within the sidewalk area of the public right-of-way:
a. A minimum clear, unobstructed path of travel at least four feet wide and seven feet clear in height. Physical obstructions that shall not be located within the path of travel include, but are not limited to, fire hydrants, landscaping, light posts, parking meters, sign panels, bicycle parking, public benches, and similar obstacles.
b. A minimum radial clearance of fifteen feet from the corner intersections, as measured from the back of the curb.