Item Title: 9.11
Purchase Orders with Saitech, Inc. and SHI International for Laptop, Desktop, and Monitor Replacements Item Page Number: 67
Menifee Mayor and City Council
December 17, 2024
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CITY OF MESA AGREEMENT PURSUANT TO SOLICITATION
This Agreement pursuant to solicitation ("Agreement") is entered into this 27th day of February, 2018, by and between the City of Mesa, Arizona, an Arizona municipal corporation ("City"), and SHI INTERNATIONAL CORP, a New Jersey corporation ("Contractor"). The City and Contractor are each a "Party" to the Agreement or together are "Parties" to the Agreement.
RECITALS
A. The City issued solicitation number 2018011 ("Solicitation") for INFORMATION TECHNOLOGY SOLUTIONS & SERVICES, to which Contractor provided a response ("Response"); and B. The City Selected Contractor's Response as being in the best interest of the City and wishes to engage Contractor in providing the Services/Products described in the Solicitation and Response.
C. "Services" means the resale services provided by Contractor under this Agreement; i.e. sourcing and fulfilling the Product and/or providing deliverables identified in an Order.
D. "Products" means collectively third-party software, computer peripherals, computer hardware, and associated IT services provided by third parties or Contractor, as the case may be.
E. "Order'' means the form of purchase order or other document used for the purpose of ordering Product and/or deliverables pursuant to this Agreement. Order shall also include a phone order or on-line order placed by the City employee to Contractor utilizing the City's corporate procurement card or the City's written or electronic form of purchase requisition.
In consideration of the reciprocal promises contained in the Agreement, and for other valuable and good consideration, which the Parties acknowledge the receipt and sufficiency of, the Parties agree to the following Terms & Conditions.
TERMS & CONDITIONS
1. Term. This Agreement is for a term beginning on March 1, 2018 and ending on February 28, 2023.
The use of the word "Term" in the Agreement includes the aforementioned period as well as any applicable extensions or renewals in accordance with this Section 1.
1.1 Renewals. On the mutual written agreement of the Parties, the Term may be renewed up to a maximum of two (2), one (1) year periods. Any renewal(s) will be a continuation of the same terms and conditions as in effect immediately prior to the expiration of the then current term.
1.2 Extension for Procurement Processes. Upon the expiration of the Term of this Agreement, including any renewals permitted herein, at the City's sole discretion this Agreement may be extended on a month-to-month basis for a maximum of six (6) months to allow for the City's procurement processes in the selection of a Contractor to provide the Services/Products provided under this Agreement. The City will notify the Contractor in writing of its intent to extend the Agreement at least thirty (30) calendar days prior to the expiration of the Term. Any extension under this Subsection 1.2 will be a continuation of the same terms and conditions as in effect immediately prior to the expiration of the then current term.
1.3 Delivery. Delivery shall be made to the location(s) contained in the Scope of Work within thirty (30) days after receipt of an Order. Contractor agrees to deliver all Products to the desktop of the ordering customer be delivered F.O.B. destination, freight pre-paid and allowed to various locations throughout the City. The City of Mesa shall be responsible for extra incurred fees for expedited shipping or other special delivery requirements. In
Item Title: 9.11
Purchase Orders with Saitech, Inc. and SHI International for Laptop, Desktop, and Monitor Replacements Item Page Number: 68
Menifee Mayor and City Council
December 17, 2024
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many cases within the City, the Contractor may be asked to deliver all goods to the front counter within a given department; this is a City requirement and other participating agencies who utilize this Agreement as a cooperative contract (see Exhibit C, Mesa Standard Terms & Conditions) may have other delivery requirements.
2. Scope of Work. The Contractor will provide the necessary staff, Services and associated resources to provide the City with the Services, Products, and obligations attached to this Agreement as Exhibit A ("Scope of Work") Contractor will be responsible for all costs and expenses incurred by Contractor that are incident to the performance of the Scope of Work unless otherwise stated in Exhibit A. Contractor will supply all equipment and instrumentalities necessary to perform the Scope of Work . If set forth in Exhibit A, the City will provide Contractor's personnel with adequate workspace and such other related facilities as may be required by Contractor to carry out the Scope of Work.
3. 4.
The Agreement is based on the Solicitation and Response which are hereby incorporated by reference into the Agreement as if written out and included herein. In addition to the requirements specifically set forth in the Scope of Work, the Parties acknowledge and agree that the Contractor shall perform in accordance with all terms, conditions, specifications and other requirements set forth within the Solicitation and Response unless modified herein.
Orders. Orders must be placed with the Contractor by either a: (i) Purchase Order when for a one time purchase; (ii) notice to proceed, or (iii) Delivery Order off a Master Agreement for a requirements contract where multiple as-needed orders will be placed with the Contractor. The City may use the Internet to communicate with Contractor and to place Orders as permitted under this Agreement. The terms and conditions on any order form, quote, or similar document provided by Contractor to the City will not take precedence over the language set forth in this Agreement or any of the documents outlined in Section 4 below.
Document Order of Precedence. In the event of any inconsistency between the terms of the body of the Agreement, Exhibits, Solicitation, and Response, the language of the documents will control in the following order.
a. Amendments to the Agreement
b. Agreement
c. Exhibits
1. Mesa Standard Terms & Conditions (Exhibit C)
2. Pricing (Exhibit B)
3. Scope of Work (Exhibit A)
4. Other Exhibits not listed above
d. Solicitation including any addenda
e. Contractor's Response
5. Payment. Subject to the provisions of the Agreement, the City will pay Contractor the sum(s) described in Exhibit B ("Pricing") in consideration of Contractor's performance of the Scope of Work during the Term.
6. Pricing. Contractor's pricing shall be in the format of a minimum percentage discount off a verifiable price index. Contractor may submit discounts for various manufacturers. At the time of purchase, Contractor may offer deeper discounts beyond the discounted price list, based on volume or other factors, as applicable. Minimum discounts will remain firm during the entirety of the Term of the Agreement, unless the Contractor requests to increase its discount percentage, and will include all charges that may be incurred in fulfilling requirement(s). In addition to decreasing prices for the balance of the Term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. In the event a Product is discontinued, Contractor will provide a Product of the same or greater functionality, utilizing the discount structure.
Item Title: 9.11
Purchase Orders with Saitech, Inc. and SHI International for Laptop, Desktop, and Monitor Replacements Item Page Number: 69
Menifee Mayor and City Council
December 17, 2024
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It is the Contractor's responsibility to provide the City with an up-to-date price list for the duration of the Agreement.
6.1 Prices. All pricing discounts shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Agreement, and will include all costs of the Contractor providing the Products/Service including transportation and insurance costs. No fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced at prices higher than those stated in the Agreement.
6.2 6.3
6.4 The Contractor further agrees that any reductions in the price of the Products or Services covered by this Agreement will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions.
No price modifications will be accepted without proper request by the Contractor and response by the City's Purchasing Division.
Price Adjustment. Any requests for reasonable price adjustments must be submitted in accordance with this section. Requests for adjustment in cost of labor and/or Products must be supported by appropriate documentation. There is no guarantee the City will accept a price adjustment therefore Contractor should be prepared for the Pricing to be firm over the Term of the Agreement. The City is only willing to entertain price adjustments based on an increase to Contractor's actual expenses or other reasonable adjustment in providing the Services/Products under the Agreement. If the City agrees to the adjusted price terms, the City shall issue written approval of the change.
During the sixty (60) day period prior to expiration date of the then-current term of the Agreement, the Contractor may submit a written request to the City to allow an increase to the prices in an amount not to exceed the twelve (12) month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld.
Renewal and Extension Pricing. Any extension of the Agreement will be at the same pricing as the initial term. If the Agreement is renewed in accordance with Section 1, pricing may be adjusted for amounts other than inflation that represent actual costs to the Contractor based on the mutual agreement of the Parties. Contractor may submit a request for a price adjustment along with appropriate supporting documentation demonstrating the cost to the Contractor. Renewal prices shall be firm for the term of the renewal period and may be adjusted thereafter as outlined in Subsection 6.2. There is no guarantee the City will accept a price adjustment.
Invoices. Payment will be made to Contractor following the City's receipt of a properly completed invoice. Any issues regarding billing or invoicing must be directed to the City DepartmenUDivision requesting the Service or Product from the Contractor. A properly completed invoice should contain, at a minimum, all of the following:
a. Contractor name, address, and contact information;
b. City billing information;
c. City contract number as listed on the first page of the Agreement; d. Invoice number and date;
e. Payment terms;
f. Date of Service or delivery of Product;
g. Description of Products or Services provided;
h. If Products provided, the quantity delivered and pricing of each unit;
Item Title: 9.11
Purchase Orders with Saitech, Inc. and SHI International for Laptop, Desktop, and Monitor Replacements Item Page Number: 70
Menifee Mayor and City Council
December 17, 2024
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i. Applicable taxes; and
j. Total amount due.
6.5 Payment of Funds. Contractor acknowledges the City may, at its option and where available use a Procurement Cardle-Payables to make payment for orders under the Agreement; otherwise, payment will be through a traditional method of a check or Electronic Funds Transfer (EFT) as available.
6.6 Disallowed Costs, Overpayment. If at any time the City determines that a cost for which payment was made to Contractor is a disallowed cost, such as an overpayment or a charge for Products/Service not in accordance with the Agreement, the City will notify Contractor in writing of the disallowance; such notice will state the means of correction which may be, but is not limited to, adjustment of any future claim/invoice submitted by Contractor in the amount of the disallowance, or to require repayment of the disallowed amount by Contractor. Contractor will be provided with the opportunity to respond to the notice.
7. Insurance.
7 .1 Contractor must obtain and maintain at its expense throughout the Term of the Agreement, at a minimum, the types and amounts of insurance set forth in this Section 7 from insurance companies authorized to do business in the State of Arizona; the insurance must cover the Products/Service to be provided by Contractor under the Agreement. For any insurance required under the Agreement, Contractor will name the City of Mesa, its agents, representatives, officials, volunteers, officers, elected officials, and employees as additional insured, as evidenced by providing either an additional insured endorsement or proper insurance policy excerpts.
Nothing in this Section 7 limits Contractor's responsibility to the City. The insurance requirements herein are minimum requirements for the Agreement and in no way limit any indemnity promise(s) contained in the Agreement.
7.2 The City does not warrant the minimum limits contained herein are sufficient to protect Contractor and subcontractor(s) from liabilities that might arise out of performance under the Agreement by Contractor, its agents, representatives, employees, or subcontractor(s).
Contractor is encouraged to purchase additional insurance as Contractor determines may be necessary.
7.3 Each insurance policy required under the Agreement must be in effect at or prior to the execution of the Agreement and remain in effect for the Term of the Agreement.
7.4 Prior to the execution of the Agreement, Contractor will provide the City with a Certificate of Insurance (using an appropriate "ACORD" or equivalent certificate) signed by the issuer with applicable endorsements. The City reserves the right to request additional copies of any or all of the policies, endorsements, or notices relating thereto required under the Agreement.
7.5 When the City requires a Certificate of Insurance to be furnished, Contractor's insurance is primary of all other sources available. When the City is a certificate holder and/or an additional insured, Contractor agrees no policy will expire, be canceled, or be materially changed to affect the coverage available without advance written notice to the City.
7.6 The policies required by the Agreement must contain a waiver of transfer rights of recovery (waiver of subrogation) against the City, its agents, representatives, officials, volunteers, officers, elected officials, and employees for any claims arising out of the work of Contractor where permitted by law.
Item Title: 9.11
Purchase Orders with Saitech, Inc. and SHI International for Laptop, Desktop, and Monitor Replacements Item Page Number: 71
Menifee Mayor and City Council
December 17, 2024
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7.7 All insurance certificates and applicable endorsements are subject to review and approval by the City's Risk Management Division.
7.8 Types and Amounts of Insurance. Contractor must obtain and retain throughout the term of the Agreement, at a minimum, the following:
7.8.1 Worker's compensation insurance in accordance with the provisions of Arizona law. If Contractor operates with no employees, Contractor must provide the City with written proof Contractor has no employees. If employees are hired during the course of this Agreement, Contractor must procure worker's compensations in accordance with Arizona law.
7.8.2 The Contractor shall maintain at all times during the term of this contract, a minimum amount of $1 million per occurrence/$2 million aggregate Commercial General Liability insurance, including Contractual Liability. For Commercial General Liability insurance, the City of Mesa, their agents, officials, volunteers, officers, elected officials or employees shall be named as additional insured, as evidenced by providing an additional insured endorsement.
7.8.3 Automobile liability, bodily injury and property damage with a limit of $1 million per occurrence including owned, hired and non-owned autos.
8. Requirements Contract. Contractor acknowledges and agrees the Agreement is a requirements contract; the Agreement does not guarantee any purchases will be made (minimum or maximum).
Orders will only be placed when the City identifies a need and issues a purchase order or a written notice to proceed. The City reserves the right to cancel purchase orders or a notice to proceed within a reasonable period of time of issuance; any such cancellation will be in writing. Should a purchase order or notice to proceed be canceled, the City agrees to reimburse Contractor for any actual and documented costs incurred by Contractor. If the City cancels a purchase order following shipment of the Products but prior to delivery, the City shall pay all freight and handling charges for shipment and return shipment of such Products to Contractor. All returns shall be made in accordance with Contractor's Return Policy found at www.shi.com/returnpolicy and this Agreement, with the terms of this Agreement controlling. The City will not reimburse Contractor for any avoidable costs incurred after receipt of cancellation including, but not limited to, lost profits, shipment of Product, or performance of Services. The City reserves the right to purchase contracted items through other sources if determined in the best interests of the City to do so.
9. Notices. All notices to be given pursuant to the Agreement will be delivered to the Contractor at the address listed on Page 1 of this Agreement. Notice will be delivered pursuant to the requirements set forth the Mesa Standard Terms and Conditions that are attached to the Agreement as Exhibit C.
10. WARRANTY. Contractor warrants that the Services and Products will conform to the requirements of the Agreement. Additionally, Contractor warrants that all Services will be performed in a good, workman-like and professional manner. The City's acceptance of Services or Products provided by Contractor will not relieve Contractor from its obligations under this warranty. If any Products or Services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide Products or redo such Services until in accordance with this Agreement and to the City's reasonable satisfaction.
11. OEM PRODUCT WARRANTY. Contractor is a value-added reseller ("VAR") of Products, not the Original Equipment Manufacturer ("OEM") or licensor, and, except as provided herein, Contractor disclaims any warranty responsibility regarding warranties provided by the OEM for the Products provided under this Agreement ("OEM Product Warranty"). Contractor shall forward the OEM Product Warranties to the City which are provided to Contractor from the OEM of the Product and, to the extent granted by the OEM, the City shall be the beneficiary of the OEM's Product Warranties
Item Title: 9.11
Purchase Orders with Saitech, Inc. and SHI International for Laptop, Desktop, and Monitor Replacements Item Page Number: 72
Menifee Mayor and City Council
December 17, 2024
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12. with respect to the Product. Contractor is not a party to any such terms of the OEM Product Warranty between the City and OEM and the City agrees to look to the OEM for satisfaction of any and all OEM Product Warranty claims related to that OEM's Product.
EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, CONTRACTOR HEREBY
DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, WARRANTY OF NONINFRINGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES OR PRODUCTS. THE DISCLAIMER CONTAINED IN THIS PARAGRAPH DOES NOT AFFECT THE TERMS OF ANY OEM PRODUCT WARRANTY.
Representations of Contractor . To the best of Contractor's knowledge, Contractor agrees that:
a. Contractor has no obligations, legal or otherwise, inconsistent with the terms of the Agreement or with Contractor's undertaking of the relationship with the City; b. Performance of the Services called for by the Agreement do not and will not violate any applicable law, rule, regulation, or any proprietary or other right of any third party; c. Contractor will not use in the performance of Contractor's responsibilities under the Agreement any proprietary information or trade secret of a former employer of its employees (other than City, if applicable); and
d. Contractor has not entered into and will not enter into any agreement, whether oral or written, in conflict with the Agreement.
13. Mesa Standard Terms and Conditions . Exhibit C to the Agreement is the Mesa Standard Terms and Conditions as modified by the Parties, which are incorporated by reference into the Agreement as though fully set forth herein. In the event of any inconsistency between the terms of the Agreement and the Mesa Standard Terms and Conditions, the language of the Agreement will control. The Parties or a Party .are referred to as a "party" or "parties" in the Mesa Standard Terms and Conditions. The Term is referred to as the "term" in the Mesa Standard Terms and Conditions.
14. Counterparts and Facsimile or Electronic Signatures . This Agreement may be executed in two (2) or more counterparts, each of which will be deemed an original and all of which, taken together, will constitute one agreement. A facsimile or other electronically delivered signature to the Agreement will be deemed an original and binding upon the Party against whom enforcement is sought.
15. Incorporation of Recitals and Exhibits. All Recitals and Exhibits to the Agreement are hereby incorporated by reference into the Agreement as if written out and included herein. In the event of any inconsistency between the terms of the body of the Agreement and the Exhibits, the language of the Agreement will control.
Exhibits to this Agreement are the following:
(A) Scope of Work/ Technical Specifications
(B) Pricing
(C) Mesa Standard Terms and Conditions
16. Attorneys' Fees. The prevailing Party in any litigation arising out of the Agreement will be entitled to the recovery of its reasonable attorney's fees, court costs, and other litigation related costs and fees from the other Party.
17. Title, Risk of Loss, Returns. Contractor shall transfer to the City good and merchantable title to the Product, free from all liens, encumbrances and claims of others, upon delivery of the Product to and its receipt by the City, at which time title and risk of loss shall vest fully in the City, unless
Item Title: 9.11
Purchase Orders with Saitech, Inc. and SHI International for Laptop, Desktop, and Monitor Replacements Item Page Number: 73
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notice of rejection is provided to Contractor's authorized representative within three (3) business days after such delivery. All returns of Product shall be made in accordance with this Agreement and Contractor's Return Policy found at www.shi.com/returnpolicy . with the terms of the Agreement controlling.
18. Additional Acts. The Parties agree to execute promptly such other documents and to perform such other acts as may be reasonably necessary to carry out the purpose and intent of the Agreement.
19. Headings. The headings of the Agreement are for reference only and will not limit or define the meaning of any provision of the Agreement.
By executing below, each Party acknowledges that it understands, approves, and accepts all of the terms of the Agreement and the attached exhibits.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
SHI INTERNATIONAL CORP.
By: --'-~~-------
Cassie Skelton
Printed Name Printed Name
~ 1 ~S SeaJlc.£5 D, ~ Contracts Manager
----=---------------Title Tit I e
2-27-/8) 2/27/18
Date Date
REVIEWE~
By: tl..lJ 4...-V
!
Item Title: 9.11
Purchase Orders with Saitech, Inc. and SHI International for Laptop, Desktop, and Monitor Replacements Item Page Number: 74
Menifee Mayor and City Council
December 17, 2024
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EXHIBIT A
SCOPE OF WORK
1. MINIMUM REQUIREMENTS. Contractor must meet the following minimum qualifications:
a. A full range of information technology solution Products and Services to meet varying requirements of governmental agencies.
b. Have a strong national presence as a computer solutions provider. c. Have a distribution model capable of delivering Products, free of charge, in a timely manner on a nationwide basis.
d. Have a demonstrated sales presence.
e. Ability to provide a toll-free telephone and state of the art electronic facsimile and internet ordering and billing capabilities.
f. Be able to meet the minimum requirements of the cooperative purchasing program detailed herein.
2. ORDERING. Although the City is open to alternate ordering methods, the primary methods for customers placing orders with the Contractor is through the following:
a. Online
b. Telephone
c. Fax
d. Email
3. SCOPE OF PRODUCTS. Contractor will provide the ability to purchase a comprehensive, wide variety of Information Technology Solution Products including but not limited to the following categories:
a. Personal Computer Systems: National brand name desktop PCs, notebooks and laptops from Enterprise Tier and Middle Tier Contractors that are business related computers, manufactured by companies, such as, Apple, COMPAQ, Dell, Gateway, Hewlett Packard, IBM / Lenovo and Toshiba.
b. Standard Business Workstation: These will be used for typical tasks, which will include word processing, spreadsheet analysis, database management, business graphics, statistical analysis, internet, and other office automation activities. Product will include the operating system license, software media and documentation in the hardware shipment. c. High End Workstation: These will be used by application developers using GIS, CASE or other high-level language development tools, Computer Aided Design and Drafting professional, Internet Application developers or other sophisticated application work.
Product will include the operating system license, software media and documentation in the hardware shipment.
d. Laptop Computer or Notebook: These will be used by traveling or remote access users for typical office automation and business productivity use. With a port replicator or docking station, it may also be used as a standard desktop. Product will include the operating system license, software media and documentation in the hardware shipment. e. Network Equipment: This includes equipment primarily used for communications over an IP network. This includes layer 2 and layer 3 switches, routers, area wireless access points, point-to-point wireless access, optics, media interfaces (i.e. serial, T1 , T3, OC3) and fiber channel. Class of equipment should include home office, small and medium business, and enterprise. Contractors may include, but not limited to, Cisco Systems, Dell,
Item Title: 9.11
Purchase Orders with Saitech, Inc. and SHI International for Laptop, Desktop, and Monitor Replacements Item Page Number: 75
Menifee Mayor and City Council
December 17, 2024
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4. 5.
Juniper Networks, HP, Extreme Networks, Enterasys Networks, D-Link, Netgear, and Brocade Communications Systems.
f. Monitors: These will include plug and play compatible monitors that are manufactured for the above systems and/or any other brand that may be specifically called for by the ordering entity and which meet the most current UL and OSHA requirements. g. Computer and Network Products and Peripherals: Complete availability of major manufacturers Product lines on items such as, but not limited to RAM, graphic accelerator cards, network interface cards, cables, printers, scanners, keyboards, drives, memory cards, cables, batteries, etc.
h. Services: Services such as cloud computing, consulting, technical support, leasing/financing, trade-ins, repair, design, analysis, configuration, implementation , installation, training, and maintenance, etc. In addition, Services which are related to the design, use or operation of the Products being purchased such as system configurations, testing, hardware/software installation, upgrades, imaging, etc. i.
j.
Note: All hardware must come fully assembled . For example, if extra memory, additional drives or peripherals are ordered, the Contractor must install them unless the Participating Agency request they not be installed. Contractor shall provide these assembly and installation services as stated in the applicable Order; any additional terms and costs that may apply will be identified in the quote.
In cases of custom configuration (e.g.: imaging, etching, kitting, build to order machines, rack and stack servers) and large roll outs, there may be an additional cost associated with assembly. Any additional costs will be noted at the time of quoting.
Installation/deployment projects typically are governed by a scope of work specific to the project which may require an additional cost. If installation is requested the Contractor will review options and provide the scope of work as well as any associated costs at the time of quoting.
Comprehensive Product Offering: Contractor's complete catalog and Services set forth in Exhibit B shall be available. The City reserves the right to accept or reject any or all items offered.
Financing: Options available such as lease programs and conditional sales contracts.
LICENSES. Participating Agencies may be required to sign a separate agreement, rider or End User Licensing Agreement ("EULA·) as required by manufacturers.
DEFECTIVE PRODUCT. All defective Products shall be replaced and exchanged by the Contractor at no cost to the City in accordance with this Agreement and Contractor's Return Policy found at www.shi.com/returnpolicy, with the terms of this Agreement controlling. Contractor will order a replacement unit within one (1) business day of notice of damage, defect or DOA from the City.
The cost of transportation, unpacking, inspection, re-packing, re-shipping or other like expenses shall be paid by the Contractor . All replacement Products must be received by the City within seven (7) days of initial notification.
Item Title: 9.11
Purchase Orders with Saitech, Inc. and SHI International for Laptop, Desktop, and Monitor Replacements Item Page Number: 76
Menifee Mayor and City Council
December 17, 2024
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Item
# Product
1) Group 1- Systems
2) Group 2 - Input Devices
3) Group 3 - Output Devices
EXHIBIT B
PRICING
Product/ Group
1) Desktops
2) Notebooks
3) Tablets
4) Servers
(1 Processor, 2 Processor, 4+
Processor, Blade, Tower, Unix,
Handhelds, etc)
5) Keyboards
6) Mice
7) Imaging Scanners
8} POS Scanners
9} Pointing Devices
10) Bar Code Readers
11) Audio Input
12) Input Adapters
13) PC and Network Cameras
14) Input Cables
15) Input Accessories
16) Displays
17) Printers
Discount Manufacturer Name
4.50% SH l's Full Catalog of
Systems
4.50% SH l's Full Catalog of
Systems
4.50% SH l's Full Catalog of
Systems
4.50% SH l's Full Catalog of
Systems
5.00% SH l's Full Catalog of
Input Devices
5.00% SH l's Full Catalog of
Input Devices
4.00% SH l's Full Catalog of
Input Devices
4.00% SH l's Full Catalog of
Input Devices
4.00% SH l's Full Catalog of
Input Devices
4.00% SH l's Full Catalog of
Input Devices
4.00% SH l's Full Catalog of
Input Devices
4.00% SH l's Full Catalog of
Input Devices
4.00% SH l's Full Catalog of
Input Devices
4.00% SH l's Full Catalog of
Input Devices
4.00% SH l's Full Catalog of
Input Devices
4.50% SH l's Full Catalog of
Output Devices
4.50% SH l's Full Catalog of
Output Devices
Item Title: 9.11
Purchase Orders with Saitech, Inc. and SHI International for Laptop, Desktop, and Monitor Replacements Item Page Number: 77
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December 17, 2024
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4.50% SH l's Full Catalog of
18) Inkjet Printers Output Devices
4.50% SH l's Full Catalog of
19) Inkjet Photo Printers Output Devices
4.50% SH l's Full Catalog of
20) Laser Printers Output Devices
4.50% SH l's Full Catalog of
21) Label Printers Output Devices
4.50% SH l's Full Catalog of
22) Dot Matrix Printers Output Devices
4.50% SH l's Full Catalog of
23) Multi-Function Printers Output Devices
4.50% SH l's Full Catalog of
24) Wide Format Printers Output Devices
4.50% SH l's Full Catalog of
25) Multi-Function Inkjet Printers Output Devices
4.50% SH l's Full Catalog of
26) Wide Format Printers Output Devices
4.50% SH l's Full Catalog of
27) Fax Machine Printers Output Devices
4.50% SH l's Full Catalog of
28) Printer Accessories Output Devices
4.50% SH l's Full Catalog of
29) Projectors Output Devices
4.50% SH l's Full Catalog of
30) Projector Accessories Output Devices
4.50% SH l's Full Catalog of
31) Audio Input Output Devices
4.50% SH l's Full Catalog of
32) Video Cards Output Devices
4.50% SH l's Full Catalog of
33) Sound Cards Output Devices
4.50% SH l's Full Catalog of
34) Output Accessories Output Devices
4.50% SHl's Full Catalog of
35) Printer Consumables Output Devices
36) Desktop
4.50% SHl's Full Catalog of
Memory
4) Group 4- Memory
37) Flash
4.50% SH l's Full Catalog of
Memory
Item Title: 9.11
Purchase Orders with Saitech, Inc. and SHI International for Laptop, Desktop, and Monitor Replacements Item Page Number: 78
Menifee Mayor and City Council
December 17, 2024
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38) Networking
4.50% SH l's Full Catalog of
Memory
39) Notebook
4.50% SH l's Full Catalog of
Memory
40) Printer/ Fax
4.50% SH l's Full Catalog of
Memory
41) Server
4.50% SH l's Full Catalog of
Memory
4.00% SH l's Full Catalog of
42) Adapters Fiber Channel Storage Devices
4.00% SH l's Full Catalog of
43) Adapters FireWire / USB Storage Devices
4.00% SH l's Full Catalog of
44) Adapters IDE/ATA/SATA Storage Devices
4.00% SH l's Full Catalog of
45) Adapters RAID Storage Devices
4.00% SH l's Full Catalog of
46) Adapters SCSI Storage Devices
4.00% SH l's Full Catalog of
47) Bridges & Routers Storage Devices
48) Disk Arrays 4.00% SH l's Full Catalog of
Storage Devices
49) Disk Arrays JBOD 4.00% SH l's Full Catalog of
Storage Devices
5) Group 5 - Storage Devices SO) Drives Magneto-Optical 4.00% SH l's Full Catalog of Storage Devices
51) Drives Removable Disks 4.00% SH l's Full Catalog of Storage Devices
52) Fiber Channel Switches 4.00% SH l's Full Catalog of Storage Devices
53) Hard Disks - External 4.00% SH l's Full Catalog of
Storage Devices
4.00% SH l's Full Catalog of
54) Hard Disks - Fiber Channel Storage Devices
4.00% SHl's Full Catalog of
55) Hard Disks - IDE/ATA/S Storage Devices
4.00% SH l's Full Catalog of
56) Hard Disks - Notebook Storage Devices
4.00% SHl's Full Catalog of
57) Hard Disks - SCSI Storage Devices
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4.00% SH l's Full Catalog of
58) Networking Accessories Storage Devices
4.00% SH l's Full Catalog of
59) Optical Drives - CD-ROM Storage Devices
4.00% SH l's Full Catalog of
60) Optical Drives - CD-RW Storage Devices
61) Optical Drives - DVD-CD 4.00% SH l's Full Catalog of Storage Devices
62) Optical Drives - DVD-RW 4.00% SH l's Full Catalog of Storage Devices
63) Storage Accessories 4.00% SHl's Full Catalog of
Storage Devices
64) Storage - NAS 4.00% SH l's Full Catalog of
Storage Devices
65) Storage - SAN 4.00% SH l's Full Catalog of
Storage Devices
66) Tape Autoloaders -AIT 4.00% SH l's Full Catalog of
Storage Devices
4.00% SH l's Full Catalog of
67) Tape Autoloaders - DAT Storage Devices
4.00% SH l's Full Catalog of
68) Tape Autoloaders - DLT Storage Devices
4.00% SH l's Full Catalog of
69) Tape Autoloaders - LTO Storage Devices
4.00% SH l's Full Catalog of
70) Tape Drives - 4mm Storage Devices
4.00% SH l's Full Catalog of
71) Tape Drives - 8mm/VXA Storage Devices
4.00% SH l's Full Catalog of
72) Tape Drives - AIT Storage Devices
4.00% SH l's Full Catalog of
73) Tape Drives - DAT Storage Devices
74) Tape Drives - DLT 4.00% SH l's Full Catalog of
Storage Devices
75) Tape Drives- LTO/Ultrium 4.00% SHl's Full Catalog of Storage Devices
76) Tape Drives SOLT 4.00% SH l's Full Catalog of
Storage Devices
77) Tape Drives - Travan 4.00% SH l's Full Catalog of
Storage Devices
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78) 10/100 Hubs & Switches 5.00% SH l's Full Catalog of Network Equipment
79) Bridges & Routers 5.00% SH l's Full Catalog of
Network Equipment
5.00% SH l's Full Catalog of
80) Gigabit Hubs & Switches Network Equipment
5.00% SH l's Full Catalog of
81) Concentrators & Multiplexers Network Equipment
5.00% SH l's Full Catalog of
82) Hardware Firewalls Network Equipment
5.00% SH l's Full Catalog of
83) Intrusion Detection Network Equipment
5.00% SH l's Full Catalog of
84) KVM Network Equipment
5.00% SH l's Full Catalog of
85) Modems Network Equipment
6) Group 6 - Network 5.00% SH l's Full Catalog of
Equipment 86) Network Test Equipment Network Equipment
5.00% SH l's Full Catalog of
87) Network Adapters Network Equipment
5.00% SHl's Full Catalog of
88) Network Cables Network Equipment
5.00% SH l's Full Catalog of
89) Network Accessories Network Equipment
5.00% SH l's Full Catalog of
90) Repeaters & Transceivers Network Equipment
5.00% SH l's Full Catalog of
91) Wireless LAN Accessories Network Equipment
5.00% SHl's Full Catalog of
92) Token Authentication Network Equipment
5.00% SHl's Full Catalog of
93) l0G Fiber Optic Transceivers Network Equipment
5.00% SH l's Full Catalog of
94) lG Fiber Optic Transceivers Network Equipment
95) Licensing Packages 4.50% SH l's Full Catalog of
(e.g. Microsoft) Software
7) Group 7 - Software
4.50% SH l's Full Catalog of
96) Licensing Backup Software
4.50% SH l's Full Catalog of
97) Licensing Barcode/OC Softwar e
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4.50% SH l's Full Catalog of
98) Licensing Business Application Software
4.50% SH l's Full Catalog of
99) Licensing CAD/CAM Software
4.50% SH l's Full Catalog of
100) Licensing - Cloning Software
4.50% SH l's Full Catalog of
101) Licensing - Computer Services Software
4.50% SHl's Full Catalog of
102) Licensing - Database Software
4.50% SH l's Full Catalog of
103) Licensing - Development Software
4.50% SH l's Full Catalog of
104) Licensing - Entertainment Software
4.50% SH l's Full Catalog of
105) Licensing - Financial Software
4.50% SH l's Full Catalog of
106) Licensing - Flow Chart Software
4.50% SH l's Full Catalog of
107) Licensing - Graphic Design Software
4.50% SH l's Full Catalog of
108) Licensing - Handheld Software
4.50% SH l's Full Catalog of
109) Licensing - Network OS Software
4.50% SHl's Full Catalog of
110) Licensing - OS Software
111) Licensing - Personal 4.50% SH l's Full Catalog of
Organization Software
4.50% SHl's Full Catalog of
112) Licensing - Presentation Software
4.50% SH l's Full Catalog of
113) Licensing - Reference Software
4.50% SH l's Full Catalog of
114) Licensing - Report Analysis Software
4.50% SH l's Full Catalog of
115) Licensing - Spreadsheet Software
4.50% SH l's Full Catalog of
116) Licensing - Utilities Software
4.50% SH l's Full Catalog of
117) Licensing - Warranties Softw are
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4.50% SH l's Full Catalog of
118) Licensing - Web Development Software
4.50% SH l's Full Catalog of
' 119) Licensing - Word Processing Software
4.50% SH l's Full Catalog of
120) Software - Backup Software
4.50% SH l's Full Catalog of
121) Software - Barcode / OCR Software
122) Software - Business 4.50% SH l's Full Catalog of
Application Software
4.50% SH l's Full Catalog of
123) Software - CAD/CAM Software
4.50% SH l's Full Catalog of
124) Software - Cloning Software
4.50% SH l's Full Catalog of
125) Software - Computer Services Software
4.50% SH l's Full Catalog of
126) Software - Database Software
4.50% SH l's Full Catalog of
127) Software - Development Software
4.50% SH l's Full Catalog of
128) Software - Entertainment Software
4.50% SH l's Full Catalog of
129) Software - Financial Software
4.50% SH l's Full Catalog of
130) Software - Flow Chart Software
4.50% SH l's Full Catalog of
131) Software - Graphic Design Software
4.50% SH l's Full Catalog of
132) Software - Handheld Software
4.50% SH l's Full Catalog of
133) Software - OS Software
134) Software - Personal 4.50% SH l's Full Catalog of
Organization Software
4.50% SH l's Full Catalog of
135) Software - Presentation Software
4.50% SH l's Full Catalog of
136) Software - Reference Software
4.50% SH l's Full Catalog of
137) Software - Report Analysis Software
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4.50% SH l's Full Catalog of
138) Software - Spreadsheet Software
4.50% SH l's Full Catalog of
139) Software - Utilities Software
4.50% SH l's Full Catalog of
140) Software - Warranties Software
4.50% SHl's Full Catalog of
141) Software - Web Development Software
4.50% SH l's Full Catalog of
142) Software - Word Processing Software
4.00% SH l's Full Catalog of
143) Media - 4mm tape Media Supplies
4.00% SH l's Full Catalog of
144) Media -AIT tape Media Supplies
4.00% SH l's Full Catalog of
145) Media - DAT tape Media Supplies
4.00% SHl's Full Catalog of
146) Media- DLTtape Media Supplies
147) Media LTO / Ultrium tape 4.00% SH l's Full Catalog of drive Media Supplies
8) Group 8 - Media Supplies
4.00% SHl's Full Catalog of
148) Media - Magneto - Optical Media Supplies
4.00% SH l's Full Catalog of
149) Media - Optical Media Supplies
4.00% SHl's Full Catalog of
150) Media - SLR tape Media Supplies
4.00% SH l's Full Catalog of
151) Media - Travan tape Media Supplies
4.00% SHl's Full Catalog of
152) Media - VXA tape Media Supplies
4.00% SH l's Full Catalog of
153) Media - zip Media Supplies
4.00% SH l's Full Catalog of
Collaboration and IP
154) IP phones Telephony
Group 9 - Collaboration &
4.00% SH l's Full Catalog of
9) IP Telephony
Collaboration and IP
155) Video conferencing products Telephony
4.00% SH l's Full Catalog of
Collaboration and IP
156) Voice gateways / servers Telephony
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4.00% SH l's Full Catalog of
Co llaboration and IP
15 7) Headsets Te lephony
4.00% SH l's Full Catalog of
Collaboration and IP
15 8) Audio conferencing products Telephony
4.00% SH l's Full Catalog of
Collaboration and IP
lS9) Analog phones Telephony
4.00% SH l's Full Catalog of
Collaboration and IP
160) Accessories Telephony
4.00% SH l's Full Catalog of
161) Advanced Integration Other
4.00% SH l's Full Catalog of
162) Asset Disposal Other
4.00% SH l's Full Catalog of
163) Asset Management Other
4.00% SH l's Full Catalog of
164) Cables Other
4.00% SH l's Full Catalog of
165) Cables - custom Other
4.00% SH l's Full Catalog of
166) Cables - printer Other
4.00% SH l's Full Catalog of
Other 167) Complex warrant ies
4.00% SH l's Full Catalog of 10) Group 10 - Other
168 ) Desktop Accessories Other
4.00% SH l's Full Catalog of
169 ) Display Accessories Othe r
4.00% SH l's Full Catalog of
170 ) Electronic Services Other
4.00% SHl's Full Catalog of
171 ) Handheld Accessories Other
4.00 % SHl's Full Catalog of
ll2) Imaging Accessories Other
4.0 0% SH l's Full Catalog of
173 ) Imaging _ Camcorders Other
4.0 0% SHl's Full Catalog of
174) Imaging _ Digital Cameras Other
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4.00% SHl's Full Catalog of
17 5) Internal Lab Service Ot her
4.00% SH l's Full Catalog of
17 6) Labfees 0 ther
4.00% SH l's Full Catalog of
177) Managed Services Other
4.00% SH l's Full Catalog of
178) Miscellaneous solutions Other
4.00% SH l's Full Catalog of 179) Mounting hardware for Other vehicles
4.00% SH l's Full Catalog of
180 ) Networking Warranties Other
4.00% SH l's Full Catalog of
181 ) Notebook Accessories Other
4.00% SH l's Full Catalog of
182 ) Notebook Batteries Other
4.00% SH l's Full Catalog of
183 ) PC Lab order services Other
4.00% SH l's Full Catalog of
184 ) POS Accessories Other
4.00% SH l's Full Catalog of
185) POS Displays Other
4.00% SH l's Full Catalog of
186) Power Accessories Other
4.00% SHl's Full Catalog of
187) Power Surge Protection Other
4.00% SH l's Full Catalog of
188) Power UPS Other
4.00% SH l's Full Catalog of
189) Server Accessories Other
4.00% SH l's Full Catalog of
l90) service Charge Other
4.00% SH l's Full Catalog of
191 ) System components Other
4.00% SH l's Full Catalog of
192) Training Courses Other
4.00 % SH l's Full Catalog of
193) Training Reference Manuals Other
4.0 0% SHl's Full Catalog of
194) Warranties - Electronic Other
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4.00% SH l's Full Catalog of
195) iPAD / Tablet Stylus Other
4.00% SH l's Full Catalog of
196) Mouse / Wrist Pads Other
4.00% SH l's Full Catalog of
197) Security Locks and Hardware Other
4.00% SHl's Full Catalog of
198) Tools Other
199) Document Scanner 4.00% SH l's Full Catalog of
Accessories Other
4.00% SHl's Full Catalog of
200) Flatbed Scanners Other
4.00% SH l's Full Catalog of
201) Mobile Scanners Other
4.00% SH l's Full Catalog of
202) Network Scanners Other
4.00% SH l's Full Catalog of
203) Sheet fed Scanners Other
4.00% SH l's Full Catalog of
204) Wide Format Scanners Other
205) Workgroup / Department 4.00% SH l's Full Catalog of Scanner Other
4.00% SH l's Full Catalog of
206) Build to Order Desktops Other
4.00% SH l's Full Catalog of
207) Nettop Other
4.00% SH l's Full Catalog of
208) Point of Sale Other
4.00% SH l's Full Catalog of
209) Ultra Small Form Factor Other
210) Apple/ Mac Memory 4.00% SH l's Full Catalog of
Upgrades Other
4.00% SHl's Full Catalog of
211) Chips/ SIMMs/SIPPs / ROMs Other
4.00% SH l's Full Catalog of
212) Computer Cases Other
4.00% SH l's Full Catalog of
213) CPUs/ Fans Other
4.00% SH l's Full Catalog of
214) Memory Accessories Other
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4.00% SH l's Full Catalog of
215) Motherboards/ Chassis Other
4.00% SH l's Full Catalog of
216) 1 - 2 port Serial Boards Other
4.00% SH l's Full Catalog of
217) 3+ port Serial Boards Other
4.00% SH l's Full Catalog of
218) Console Server Other
4.00% SH l's Full Catalog of
219) Device Server Other
4.00% SH l's Full Catalog of
220) Terminal Server Other
4.00% SH l's Full Catalog of
221) Content Management Other
4.00% SH l's Full Catalog of
222) Firewall/ VPN Appliances Other
223) Multifunction Security 4.00% SH l's Full Catalog of Appliances Other
4.00% SHl's Full Catalog of
224) Network Camera Accessories Other
4.00% SH l's Full Catalog of
225) Network Cameras Other
226) Physical/Environmental 4.00% SH l's Full Catalog of Security Other
227) Security Appliance 4.00% SH l's Full Catalog of
Accessories Other
4.00% SH l's Full Catalog of
228) Security Tokens Other
4.00% SH l's Full Catalog of
229) Unified Threat Management Other
4.00% SH l's Full Catalog of
230) 2-way Radios/ Walkie Talkies Other
4.00% SHl's Full Catalog of
231) Apple Notebooks Other
232) Convertible PCs/ Slate PCs/ 4.00% SH l's Full Catalog of iPAD Other
4.00% SH l's Full Catalog of
233) iPAD Other
4.00% SH l's Full Catalog of
234) Slate Tablet Computers Other
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4.00% SHl's Full Catalog of
235 ) GPS/ PDA Ot her
SH l's Full Catalog of 4.00% 23 6) Wireless Communication Other De vices
4.00% SHl's Full Catalog of
23 7) Batteries Other
4.00% SHl's Full Catalog of
23 8) Power Supplies/ Adapters Other
4.00% SHl's Full Catalog of
239) Rackmountain Equipment Other
4.00% SHl's Full Catalog of
240) Remote Power Management Other
4.00% SHl's Full Catalog of
241) Surge Suppressors Other
4.00% SHl's Full Catalog of
242) UPS/ Battery Backup Other
-4.00% SH l's Full Catalog of
243) 14" & smaller LCD Display Other
4.00% SH l's Full Catalog of
244) 15-19" LCD Display Other
4.00% SH l's Full Catalog of
245) 15-19" Wide LCD Display Other
4.00% SH l's Full Catalog of
246) 15-19" Wide LED Display Other
4.00% SH l's Full Catalog of
247) 20-30" LCD Display Other
4.00% SH l's Full Catalog of
248) 20-30" Wide LCD Display Other
4.00% SHl's Full Catalog of
249) 20-30" Wide LED Display Other
4.00% SH l's Full Catalog of
250) PColP and Zero Client Displays Other
4.00 % SH l's Full Catalog of
251) Arm Mounts Other
4.00 % SH l's Full Catalog of
252) Ceiling Mounts Other
4.0 0% SH l's Full Catalog of
253) Combo Mounts Other
4.0 0% SH l's Full Catalog of
254) Desktop Stands/ Risers Other
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4.00% SHl's Full Catalog of
255) Flat Wall Mounts Other
4.00% SH l's Full Catalog of
256) Mount Accessories Other
4.00% SH l's Full Catalog of
257) Pole Display Other
4.00% SH l's Full Catalog of
258) Stands/ Carts/ Feet Other
4.00% SH l's Full Catalog of
259) Tilt Wall Mounts Other
4.00% SH l's Full Catalog of
260) C-Cure Products Other
4.00% SH l's Full Catalog of
261) lstar Products Other
SERVICE STANDARD DISCOUNT FROM
HOURLY RATE STANDARD RATE
Design and Analysis $ 125.00 4%
Configuration $ 165.00 4%
Implementation $ 185.00 4%
11) Group 11 - Services Installation $ 185.00 4%
Training $ 99.00 4%
Maintenance & Support $ 99.00 4%
All other Current and Future Products not specifically identified here will be offered at a 4% discount off SHI Advertised List price . Please see description below for more information on SHl's discount model for this contract .
All discounts arti culate d here represent the minimum discounts off SHI Advertise d List Price; actua l discounts may be significantly higher .
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The comprehensive SHI offering for National IPA consists of all hardware, software, and services available to our customers in the public sector marketplace . The discount structure offered to National IPA is based on our Advertised Price List which can be located on www.shi.com. In many cases, SHI Advertised List Price already reflects a substantial discount off of Manufacturer Published List prices. Given the breadth of manufacturers and products that SHI offers, there will be many opportunities for SHI to secure additional discounts for eligible contract users. We work to provide your contract users with the most advantageous pricing available, above and beyond the minimum discounts offered, whenever possible.
SHI prides ourselves on being honest and transparent with our customers especially when it comes to pricing. We base our discount structure on SHI Advertised Price as this is a verifiable source. We do not inflate this Advertised Price for RFPs in order to make our discounts appear larger . Other vendors may use MSRP or Publisher List price, which can be unreliable as a pricelist may not exist for every product, a pricelist can change from day to day, and a pricelist can be inconsistent depending on where you source the information from . When a vendor manipulates contract language in this manner or uses a loose definition of cost, it results in an increase in profit for them and higher prices for customers.
SHI is willing to provide complete transparency over the life of the contract as it relates to our costs and what we charge National IPA customers.
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EXHIBIT C
MESA STANDARD TERMS AND CONDITIONS
1. INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor's employees, not City employees.
Accordingly, Contractor and Contractor's employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers' compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims.
2. SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein.
3. ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the other Party's written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the other Party will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve either Party from any of its obligations and liabilities under the Agreement. Notwithstanding the foregoing, either Party may assign this Agreement and its rights, interests, liabilities and obligations thereunder to a successor pursuant to a merger, consolidation or sale of all or substantially all its assets following sixty (60) days written notice.
4. SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
5. NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties.
6. NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the Products or Services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement.
7. AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or Product will be allowed unless approved in writing, in advance, by the City and Contractor.
8. TIME OF THE ESSENCE. Time is of the essence to the performance of the parties' obligations under this Agreement.
9. COMPLIANCE WITH APPLICABLE LAWS.
a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance.
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b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects.
Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. i. As applicable to Contractor, under the provisions of A. RS. § 41-4401, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees and A.RS. § 23-214(A) (hereinafter "Contractor Immigration Warranty").
ii. A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. iii. The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty.
Contractor agrees to assist the City in regard to any such inspections. iv. The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed.
v. Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 2748 of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.RS. § 23-214 (A). d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor's personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. e. State Sponsors of Terrorism Prohibition. Per A.RS. § 35-392, Contractor must not be in violation of section 60) of the Federal Export Administration Act and subsequently prohibited by the State of Arizona from selling goods of services to the City.
10. SALES/USE TAX, OTHER TAXES.
a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor's Services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax,
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unemployment insurance taxes, and any other taxes or business license fees as required.
If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor's responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. b. The City is exempt from paying certain federal excise taxes and will furnish an exemption certificate upon request. The City is not exempt from state and local sales/use taxes.
11. AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of Services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City.
12. PUBLIC RECORDS. Contractor acknowledges that the City is a public entity, subject to Arizona's public records laws (A.R.S. § 39-121 et. seq.) and that any documents related to this Agreement may be subject to disclosure pursuant to state law in response to a public records request or to subpoena or other judicial process.
12.1. If Contractor believes document related to the Agreement contains trade secrets or other proprietary data, Contractor must notify the City and include with the notification a statement that explains and supports Contractor's claim. Contractor also must specifically identify the trade secrets or other proprietary data that Contractor believes should remain confidential.
12.2. In the event the City determines it is legally required to disclose pursuant to law any documents or information Contractor deems confidential trade secrets or proprietary data, the City, to the extent possible, will provide Contractor with prompt written notice by certified mail, fax, email or other method that tracks delivery status of the requirement to disclose the information so Contractor may seek a protective order from a court having jurisdiction over the matter or obtain other appropriate remedies . The notice will include a time period for Contractor to seek court ordered protection or other legal remedies as deemed appropriate by Contractor. If Contractor does not obtain such court ordered protection by the expiration of said time period, the City may release the information without further notice to Contractor.
13. AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for six (6) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor's place of business or at City offices, as determined by the City.
14. BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform Services under the Agreement or who will have access to the City's information, data, or facilities in accordance with the City's current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law.
15. SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide Services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of Services under this Agreement.
16. DEFAULT.
a. A party will be in default if that party:
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i. Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor's capability to perform under the Agreement; ii. Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days;
iii. Conducts business in an unethical manner as set forth in the City Procurement Rules Article 7 or in an illegal manner; or
iv. Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Article 6 of the City's Procurement Rules.
c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement.
d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor's intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement.
17. REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default:
a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the Services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute Services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute Services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys' fees, and costs.
c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, indirect, special, or consequential damages.
18. CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement.
19. TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days' written notice.
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20. TERMINATION FOR CONFLICT OF INTEREST (A.R.S. § 38-511 ). Pursuant to A.R.S. § 38-511, the City may cancel this Agreement within three (3) years after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor.
21. TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date.
22. PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those Services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the Products and Services provided and received Contractor's properly prepared final invoice.
Termination of this Agreement shall not affect the obligations of the City or Contractor under any existing Order issued under this Agreement, and such Order shall continue in effect as though this Agreement has not been terminated, and was still in effect with respect to such Order.
23. NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any Services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies.
24. INDEMNIFICATION/LIABILITY.
a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys' , witnesses', and expert witnesses' fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) misconduct by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel's failure to comply with this Agreement.
b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification .
c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or Services.
d. IN THE EVENT OF ANY LIABILITY INCURRED BY CONTRACTOR OR ANY OF ITS
AFFILIATES HEREUNDER, INCLUDING INDEMNIFICATION OF CITY BY
CONTRACTOR , THE ENTIRE LIABILITY OF CONTRACTOR AND ITS AFFILIATES FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED $5,000,000.00 OVER THE ENTIRE TERM OF THE AGREEMENT .
25. (RESERVED)
26. THE CITY'S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City's right to recover against third parties for any loss, destruction, or damage to City property, and will at the City's request and expense, furnish to the City reasonable assistance and
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cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery.
27. NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of Products or Services or any Products or Services at all under this Agreement and acknowledges and agrees that the Products or Services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for Products or Services which exceed its actual needs.
28. OWNERSHIP. All deliverables, Services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. Notwithstanding the foregoing, Contractor shall retain ownership rights to (1) all of its previously existing intellectual property, including any systems, derivatives, modifications and enhancements thereto, (2) confidential information of contractor, and (3) any tools or scripting applications used, developed or created by Contractor or its third-party licensors during the performance of this Agreement.
29. USE OF NAME. Contractor will not use the name of the City of Mesa in any advertising or publicity without obtaining the prior written consent of the City.
30. PROHIBITED ACTS. Pursuant to A.RS. § 38-504, a current or former public officer or employee within the last twelve (12) months shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. Further, while employed by the City and for two (2) years thereafter, public officers or employees are prohibited from disclosing or using, without appropriate authorization, any confidential information acquired by such personnel in the course of his or her official duties at the City.
31. FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed.
32. RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these Services and such loss, injury, or destruction will not release Contractor from any obligation hereunder.
33. SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees.
34. WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the Products and Services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties.
35. PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City's use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be
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calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute Products or Services.
36. CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of Services. Payment will be negotiated and determined by the contract administrator(s).
37. FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties.
38. COOPERATIVE USE OF CONTRACT. This contract is available through National IPA to agencies nationwide. The City has also entered into various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures (SAVE) cooperative. Under the SAVE Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies through National IPA or SAVE in the State of Arizona with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency.
A contractor, subcontractor or vendor or any employee of a contractor, subcontractor or vendor who is contracted to provide Services on a regular basis at an individual school shall obtain a valid fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. A school district governing board shall adopt policies to exempt a person from the requirements of this subsection if the person's normal job duties are not likely to result in independent access to or unsupervised contact with pupils. A school district, its governing board members, its school council members and its employees are exempt from civil liability for the consequences of adoption and implementation of policies and procedures pursuant to this subsection unless the school district, its governing board members, its school council members or its employees are guilty of gross negligence or intentional misconduct.
Additionally, Contractor will comply with the governing body's fingerprinting policy of each individual school district and public entity. Contractor, subcontractors, vendors and their employees will not provide Services on school district properties until authorized by the school district.
Orders placed by other agencies and payment thereof will be the sole responsibility of that agency.
The City is not responsible for any disputes arising out of transactions made by others. The City is not a party to any agreements between the Contractor and National IPA, National IPA and other agencies, the Contractor and other agencies, or any third-party contracts in any way related to this Agreement or the cooperative use of this Agreement.
39. FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City's Purchasing Division.
40. NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via email or facsimile.
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If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier, email or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof .
41. GOVERNING LAW, FORUM. This Agreement is governed by the laws of the State of Arizona.
The exclusive forum selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Maricopa County, Arizona.
42. INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed.
43. PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it.
44. SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect.
The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability.
45. SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination.
46. A.R.S. SECTIONS 1-501 and 1-502. Pursuant to Arizona Revised Statutes Sections 1-501 and 1- 502, any person who applies to the City for a local public benefit (the definition of which includes a grant, contract or loan) must demonstrate his or her lawful presence in the United States. As the Agreement is deemed a local public benefit, if Contractor is an individual (natural) person or sole proprietorship, Contractor agrees to sign and submit the necessary documentation to prove compliance with the statutes as applicable.
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OFFICE OF THE CITY CLERK
COUNCIL MINUTES
February 5, 2018
The City Council of the City of Mesa met in a Regular Council Meeting in the Council Chambers, 57 East 1st Street, on February 5, 2018 at 5:45 p.m.
COUNCIL PRESENT COUNCIL ABSENT OFFICERS PRESENT
John Giles
David Luna
Mark Freeman
Christopher Glover
Francisco Heredia
Kevin Thompson
Jeremy Whittaker
None
Christopher Brady
Dee Ann Mickelsen
Jim Smith
Mayor’s Welcome.
Invocation by Pastor Ben Diaz with Palabra de Vida (Word of Life).
Pledge of Allegiance was led by Councilmember Thompson.
Awards, Recognitions and Announcements.
There were no awards, recognitions or announcements.
1. Take action on all consent agenda items.
All items listed with an aster isk (*) will be considered as a group by the City Council and will be enacted with one motion. There will be no separate discussion of these items unless a Councilmember or citizen requests, in which event the item will be removed from the consent agenda and considered as a separate item. If a citizen wants an item removed from the consent agenda, a blue card must be completed and given to the City Clerk prior to the Council’s vote on the consent agenda.
It was moved by Councilmember Thompson, seconded by Councilmember Glover, that the consent agenda items be approved.
Carried unanimously.
*2. Approval of minutes from previous meetings as written.
Minutes from the January 8, 11, and 22, 2018 Council meetings.
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3. Take action on the following liquor license applications:
*3-a. It Ain’t Chemo
This is a one -day event to be held on Saturday, February 10, 2018 from 9:00 A.M. to 9:00 P.M. at Riverview Park, 2100 West Rio Salado Parkway. (District 1)
*3-b. AMC Superstition East 12
A multi- screen cinema i s requesting a new Series 6 Bar License for American Multi- Cinema Inc., 1935 South Signal Butte Road - Andrea Dahlman Lewkowitz, agent. There is no existing license at this location. (District 6)
*3-c. ATL Wings
A restaurant that serves lunch and dinner is requesting a new Series 12 Restaurant License for Stapley Wings LLC, 1455 South Stapley Drive, Suites 22- 24 - Andrea Dahlman Lewkowitz, agent. The existing license held by Mark Killian, sole proprietor, will revert to the State. (District 4)
*3-d. Elgin Distillery
This is a one-day craft distillery festival to be held on Saturday, March 3, 2018 from 9:00 A.M. to 4:00 P.M. at Sunland Village, 4601 East Dolphin Avenue. (District 2)
*3-e. Village of Elgin Winery
This is a one- day wine festival event to be held on Saturday, March 3, 2018 from 9:00 A.M. to 4:00 P.M. at Sunland Village, 4601 East Dolphin Avenue. (District 2)
4. Take action on the following off-track betting license application:
*4-a. Turf Paradise, TP Racing LLLP
New Off-Track Betting License for Turf Paradise, TP Racing LLLP to telecast at Moose & Bear, located at 118 East McKellips Road, Suite 103, TB Concepts LLC. Applicant:
Vincent Acri Francia. (District 1)
5. Take action on the following contracts:
*5-a. One-Year Renewal to the Term Contract for Executive Physicals for Citywide Departments as requested by the Human Resources Department. (Citywide)
This contract provides annual physicals for the City’s executive staff as a means of maintaining optimum health. There are approx imately 65- 70 positions eligible to participate in this program.
The Human Resources Department and Purchasing recommend authorizing the renewal contract with Banner Occupational Health Clinics, at $88,500, based on estimated usage.
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*5-b. One-Year Renewal to the Term Contract for Deceased Animal Collection Services for the Community Services Department. (Citywide)
This contract provides a vendor to collect and dispose of deceased animals up to 150 pounds that are reported within the City. The contractor is responsible for the proper disposal by cremation or other means in accordance with the standards and methods approved by the Maricopa County Health Department.
The Community Services Department and Purchasing recommend authorizing the renewal contract with APM/Couts Enterprises, Inc., dba Arizona Pet Mortuary, at $54,000, based on estimated usage.
*5-c. Purchase of One Replacement Fire Apparatus, an Air Light/Rehab Unit, for the Fire and Medical Department (Sole Source). (Citywide)
The apparatus being replaced has met established replacement criteria and will be sold by a sealed bid process or traded -in as part of the City's fire apparatus purchase agreement with Pierce Manufacturing. In addition, Fire and Medical will trade-in two units to further offset the price for the Air/Light Rehab unit.
The Fire and Medical Department and Purchasing recommend authorizing the purchase using the City’s five-year purchase agreement with Pierce Manufacturing Inc., through their designated local dealer, Hughes Fire Equipment Inc., at $502,264.75. This purchase is funded by the Capital -General Fund and authorized 2013 Public Safety Bonds.
*5-d. Three-Year Term Contract for Landscape Maintenance Services for Parks, Retention Basins and Sports Fields - Zones 1, 2, 3 and 4 for the Parks, Recreation and Community Facilities Department (PRCF). (Citywide)
These contracts provide landscape maintenance services for sports fields, parkways, medians, parks, retention basins or grounds adjacent to City facilities. The City has divided the landscaping into geographic areas known as Zones 1, 2, 3 and 4. PRCF has done an analysis to bring the work under this contract in- house and, at this time, contracting continues to be in the best financial interest of the City.
The evaluation committee recommends awarding the contract to the highest-scored proposal from Mariposa Landscape Arizona, Inc.; Zone 1, at $1,435,319.57 annually; Zone 2, at $959,183.45 annually; Zone 3, at $974,364.20 annually; and Zone 4, at $1,221,738.22 annually; based on estimated usage.
*5-e. Three-Year Term Contract for Plumbing Services for the Parks, Recreation and Community Facilities Department. (Citywide)
This contract will establish a list of pre -qualified plumbing contractors to perform plumbing services on various City facilities/projects on an as-needed basis.
The evaluation committee recommends awarding the contract to the four, highest-scored proposals from Mesa Energy Systems Inc.; RKS Plumbing and Mechanical Inc.; Sun Mechanical Inc.; and W.D. Manor Mechanical Contractors, Inc.; cumulatively not to exceed $100,000 annually, based on estimated usage.
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*5-f. Purchase of Furniture for the Main Library as requested by the Library Services Department. (Citywide)
This purchase will provide seating and tables for two new rooms at the Main Library, Teen Room and ThinkSpot. The Library worked with several vendors utilizing cooperative contracts specifying their needs and goals with this project.
The Library Services Department and Purchasing recommend authorizing the purchase using the Northern Arizona University cooperative contract with Atmosphere Commercial Interiors, at $50,876.25.
*5-g. Five-Year Term Contract with CDW Government, LLC and SHI International Corp. for Information Technology Solutions and Services for Various Departments throughout the City. (Citywide)
This contract will provide the City and participating agencies a full range of information technology solution products and services to meet varying requirements of governmental agencies. The scope of products and services available under these contracts include standard business and high- end workstations; laptop and notebook computers; network equipment; computer and network products and peripherals; monitors; various cloud, consulting, and technical support services; financing; various software products; and the contractors' comprehensive product offering.
Mesa, as the lead agency, has partnered with the National Intergovernmental Purchasing Alliance Company (National IPA) to lead this contract. The contract will be available to over 45,000 public agencies nationally. While no minimum volume is guaranteed to the suppliers, the estimated annual volume of IT Solutions purchased under this master agreement is approximately $500 million per year. The City will receive rebates annually for administering and awarding this contract.
A committee representing the Police, and Information Technology Departments, City Manager’s Office, Police- Information Technology, National IPA and Purchasing evaluated responses. The evaluation committee recommends awarding the contract to the highest-scored proposals from CDW Government, LLC and SHI International Corp., at $3,100,000 annually, based on estimated usage.
*5-h. One-Year Term Contract for Electrical and Lighting Supplies for the Materials and Supply Warehouse (for Citywide Departments). (Citywide)
Multiple departments use this Citywide contract for their miscellaneous electrical equipment and supplies.
The Business Services Department and Purchasing rec ommend authorizing the purchase using the State of Arizona cooperative contract with Border States Industries, Inc., at $100,000, based on estimated usage.
*5-i. Re-Award the Three- Year Term Contract for Microfilm Conversion Services for the Police Department. (Citywide)
This contract will provide services to convert Police Department data from microfilm to digital media. Police, Records Division use microfilm that is becoming worn and damaged. The previous vendor is unable to satisfactorily fulfill the contract requirements.
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The Police Department and Purchasing recommend re- awarding the contract to the second highest scored proposal, ICM Conversions, at $400,000 annually, based on estimated usage.
*5-j. Purchase of Falcon District Brand Signage as reques ted by the Economic Development Department. (Citywide)
Continuing to build awareness and to promote the Falcon Field Economic Activity Area, this purchase for the Falcon District signage includes the installation of two branded monument signs to be located on Greenfield and Higley Roads, south of the 202.
Additionally, the City will install utility and transit signal box wraps and will mount branded banners promoting aerospace, technology, and manufacturing on light poles around the airport.
The Economic Development Department and Purchasing recommend authorizing the purchase using the City of Peoria cooperative contract with YESCO Phoenix, at $146,670.49. This purchase is funded by Local Streets Sales Tax.
*5-k. Purchase of Three Replacement Rollback Trailers for the Transportation Department. (Citywide)
These trailers will replace three aging equipment trailers that are at the end of their service life. The trailers will meet the needs and safety requirements for transporting the large equipment required to perform street and right-of-way maintenance.
The Transportation Department and Purchasing recommend authorizing the purchase using the National Joint Powers Alliance contract with Empire Southwest (a Mesa business), at $176,764.77. This purchase is funded by Local Streets Sales Tax.
*5-l. One-Year Renewal to the Term Contract for Radio- Based Endpoint Encoders (for Water Meter Reading) for the Water Resources Department. (Citywide)
This contract provides Itron radio -based endpoint encoders and acces sories purchased directly from Itron, Inc., the manufacturer. The endpoint stores 40 days of hourly reads to ensure data integrity and offers advanced customer side leak detection and reverse flow and tamper alarms. Water Utility installs approximately 540 radio-based endpoint encoders on new and existing meters annually.
The Water Resources Department and Purchasing recommend authorizing the renewal with Itron, Inc., at $100,000, based on estimated usage.
*5-m. Purchase of Water Treatment Plant Shop Tools and Equipment for the New Signal Butte Water Treatment Plant as requested by the Water Resources Department. (Citywide)
This purchase is for tools and equipment needed for the start-up and maintenance in the various shops at the new Signal Butte Water Treatment Plant.
The Water Resources Department and Purchasing recommend awarding the contract to the lowest, responsive and responsible bidders: Copper State Bolt & Nut Co. (a Mesa business); Glendale Industrial Supply, LLC, dba UNICOA Construction and Industrial Supply; Mallory Safety & Supply LLC; and W.W. Grainger, Inc.; cumulatively not to exceed $153,000, based on estimated usage.
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*5-n. One-Year Renewal to the Term Contract for Fire Hydrant Water Meters for the Water Resources Department. (Citywide)
This contract provides 3” fire hydrant water meters to accurately measure construction water use of fire hydrants. The meters are installed by Water Utility staff to serve contractors and other customers needing to connect to City fire hydrants for tempora ry construction water service and dust control purposes.
The Water Resources Department and Purchasing recommend authorizing the renewal with Badger Meter Inc., dba National Meter Automation, at $35,000, based on estimated usage.
*5-o. Greenfield Water Reclamation Plant (GWRP), Phase III Expansion Guaranteed Maximum Price (GMP) No. 2. (Citywide)
The City of Mesa, Town of Gilbert, and Town of Queen Creek seek to provide an additional 14 million gallons per day annual average day flow of liquids and solids treatment capacity at the existing GWRP, complete with the required infrastructure, technology, and environmental features to ensure a reliable, efficient, and expanded plant to meet the current and future demands.
Staff recommends awarding the contrac t for the completion of this project to McCarthy Building Companies in the amount of $120,302,333 and authorize a change order allowance $6,015,117 (5%) for a total project amount of $126,317,450. This project is funded by the Greenfield Water Reclamation Plant Joint Venture Fund, with contributions coming from its members based on usage. Mesa’s portion of this GMP is $72,229,521 and is funded by 2014 authorized Wastewater Bonds.
*5-p. Sewer Pipe and Manhole Rehabilitation: Mesa Drive, Millet Avenue, Horne, and 6th Avenue. (District 4)
The existing sanitary sewer lines covered by this project were built during the 1950’s and 1960’s. The age of these pipes greatly increases their risk of failure and emergency repairs. This method of construction can be completed while leaving the pipe in place and without excavation. Similarly, the sewer manholes will be cleaned, repaired, and coated in place. Only the concrete adjustment rings will be removed and replaced.
Staff recommends awarding the contract for this pr oject to the lowest, responsible bidder, B and F Contracting, Inc, in the amount of $1,394,294.67, and authorize a change order allowance in the amount of $139,430 (10%), for a total amount of $1,533,724.67. Funding for this project is available from the 2014 Wastewater Bond Program.
*5-q. Sidewalks at Railroad Crossing on Alma School. (Districts 3 and 4)
To continue to meet current railroad approach and clearance standards at the Alma School Road railroad crossing, additional safety improvements will need to be made.
The project improvements for roadway and sidewalk approach at this location will facilitate greater public safety and needed clearances from railroad signals along with a smoother roadway crossing of the Union Pacific Railroad track. Mesa wil l participate in the federally-funded Railway-Highway Grade Crossing Program, and will be responsible Item Title: 9.11
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for adjusting the existing concrete sidewalks around the proposed cantilevers and gates, and installing concrete medians.
This project was previously awarded by Council on July 10, 2017, however, the previously selected contractor could not comply with the federal requirements and the project was released for bid a second time.
Staff recommends awarding the contract to the lowest, responsible bidder, AJP Electric, in the amount of $149,494, plus an additional $14,949 (10%) as a change order allowance, for a total amount of $164,443. Funding is available from the Local Streets Sales Tax, of which 94.3% will be reimbursed by Arizona Department of Transporta tion (Federal) Grant under the Railway-Highway Grade Crossing.
6. Take action on the following resolutions:
*6-a. Approving and authorizing the City Manager to submit the Second Substantial Amendment to the Fiscal Year 2017/2018 Annual Action Plan to the U.S. Department of Housing and Urban Development related to the allocation of funding obtained under the Community Development Block Grant (CDBG) program. This Amendment will allow for reallocation of $600,000 in CDBG funds from the Senior Center Renovation Project (247 North Macdonald) to the Eagles Park Project (828 East Broadway Road). (District 4) – Resolution No. 11088.
*6-b. Approving and authorizing the City Manager to enter into a Grant Agreement with the Arizona Department of Public Safety to accept $1,335,284 in Victims of Crime Act (VOCA) grant funds. The finding will be used for salaries and expenses for the Mesa Prosecutors Office, Victim Services Unit for a three-year period. (Citywide) – Resolution No. 11089.
*6-c. Approving and authorizing the City Manager to enter into a Lease Agreement with New Cingular Wireless PCS for a cellular site on a portion of 5950 East Virginia Street, also known as Mesa Fire Station 214. (District 5) – Resolution No. 11090.
*6-d. Approving and authorizing the City Manager to enter into a Development Agreement for City-Share Reimbursement with PPGN -Ray, LLLP, for the reimbursement of $100,568 for regional street and street lighting improvements that are being required by the City in conjunction with a proposed residential development known as Crismon Road at PPGN, located at 5461 South Ellsworth Road. (District 6) – Resolution No. 11091.
*6-e. Approving and authorizing the City Manager to enter into an Intergovernmental Agreement with the Maricopa County, Department of Transportation for the pavement rehabilitation of Adobe Road from Higley Road to Recker Road. The City will contribute an estimated $54,417 for the portion of the project that is within City boundaries that will be funded from the 2013 Streets Bond Program. (District 5) – Resolution No. 11092.
*6-f. Approving and authorizing the City Manager to enter into First Amendments to the Development Agreement, Ground and Air Lease, and License Agreement with 3W Management, LLC, to facilitate the development of, and job creation and retention at, the City-owned property generally located at the southwest corner of Main Street and South Pomeroy and 34 South Pomeroy, which is the development commonly known as The GRID. (District 4) – Resolution No. 11093.
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7. Introduction of the following ordinance and setting February 26, 2018 as the dat e of the public hearing on this ordinance:
*7-a. ZON17-00323 (District 5) The 8800 to 8900 blocks of East Main Street (south side).
Located west of Red Mountain Freeway on the south side of Main Street (16.4± acres).
Rezoning from RS-43 and GC to GC-PAD; and Site Plan Review. This request will allow for the development of an RV dealership and storage facility. Jeff Welker, Welker Development Resources, applicant; Roger D. Overson, owner.
Staff Recommendation: Approval with conditions
P&Z Board Recommendation: Approval with conditions (Vote: 6-0)
8. Discuss, receive public comment, and take action on the following ordinances:
*8-a. ZON17-00309 (District 2) The 5200 block of East Inverness Avenue (south side).
Located east of Higley Road south of the US60 Freeway (1.9 ± acres). Rezoning from RM-3-PAD to LC; and Site Plan Review. This request will allow for the development of a commercial building. John Schoenauer, HD Management, applicant; Sevilla, LLC, owner. – Ordinance No. 5419.
Staff Recommendation: Approval with conditions
P&Z Board Recommendation: Approval with conditions (Vote: 7-0)
*8-b. ZON17-00283 (District 6) The 7100 to 7300 blocks of East Ray Road (north side).
Located east of Power Road on the north side of Ray Road (56.0± acres). Rezone from LI-AF to LI -AF-PAD. This request will allow for the development of an industrial subdivision. Omar Cervantes, XCL Engineering, LLC, applicant; Phx -Mesa Gateway Airport 193, LLC, owner. – Ordinance No. 5420.
Staff Recommendation: Approval with conditions
P&Z Board Recommendation: Approval with conditions (Vote: 7-0)
*8-c. ZON17-00432 (District 3) The 800 and 900 blocks of West Southern Avenue (south side), the 1200 and 1300 blocks of South Extension Road (west side), and the 800 and 900 blocks of West Grove Avenue (north side). Located at the southwest corner of Southern Avenue and Extension Road (19.3 ± acres). PAD Amendment; Site Plan Modification. This request w ill allow the development of a new multiple- residence building in an existing multiple- residence complex. Reese Anderson, Pew and Lake, PLC, applicant; Edward B. Frankel, Trustee of the Frankel Family Trust, owner. – Ordinance No. 5421.
Staff Recommendation: Approval with conditions
P&Z Board Recommendation: Approval with conditions (Vote: 7-0)
9. Take action on the following subdivision plat:
*9-a. "Allred Ranch" (District 2) The 2900 to 3100 blocks of East Southern Avenue (north side), and t he 900 to 1200 blocks of South Los Alamos (west side). Located east of Item Title: 9.11
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Page9
Lindsay Road on the north side of Southern Avenue. 108 RSL-4.5 PAD lots (25± acres).
KB Home Phoenix, Inc., developer; Dan Auxier, EPS Group, engineer.
Items not on the Consent Agenda
10. Items from citizens present.
There were no items from citizens present.
11. Adjournment.
Without objection, the Regular Council Meeting adjourned at 5:57 p.m.
ATTEST:
DEE ANN MICKELSEN, CITY CLERK
~
~AYOR
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Council Meeting of the City Council of Mesa, Arizona, held on the 5th day of February, 2018. I further certify that the meeting was duly called and held and that a quorum was present.
DEE ANN MICKELSEN, CITY CLERK
js
Item Title: 9.11
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A Division of Howard Industries, Inc.
36 Howard Drive·Ellisville, MS 39437 888.912.3151 general·601.399.5077 fax P.O. Box 1590·Laurel, MS 39441 888.323.3151 technical support
www.Howard.com
Online Quotation
Quote No: BB20 1463554.00 Quote Date: November 20, 2024 Customer Name: Michelle Sarkissian Phone Number: 9517231710 Company Name: Menifee, CA - City Fax Number:
Quote Name: Request for Quotes: Laptops, Getac & Accessories (Cooperative Purchasing) Item 1
Category Description Qty. Unit Price Ext. Price
System Type: Accessories
1: MST Surface Laptop Studio 2 i7/64/2TB/4060 W11 Platinum MPN: Z3H-00001
Contract: CA CMAS Contract 3-24-03-1042
1 $3,736.00 $3,736.00
Enviro Fee: Environment fee for Monitors 1 $3.00 $3.00 2: Microsoft Surface Laptop 6 for Business - Intel Core Ultra 7 - 165H / up to 5 GHz - Win 11 Pro - Intel Arc Graphics - 32 GB RAM - 512 GB SSD - 15' touchscreen 2496 x 1664 - Wi-Fi 6E, Bluetooth - black
MPN: ZLT-00001
Contract: CA CMAS Contract 3-24-03-1042
1 $2,099.00 $2,099.00
Enviro Fee: Environment fee for Monitors 1 $4.00 $4.00 3: Microsoft Surface Pro 11 Copilot+ PC Tablet - 13' - Qualcomm Snapdragon X Elite - 32 GB - 1 TB SSD - Windows 11 Pro - Platinum - Oryon Dodeca-core (12 Core) - 2880 x 1920 - PixelSense Display
MPN: ZIR-00001
Contract: CA CMAS Contract 3-24-03-1042
1 $2,091.00 $2,091.00
Enviro Fee: Environment fee for Monitors 1 $3.00 $3.00 4: Getac V110 Fully Rugged 11.6 inch Windows OS Convertible Laptop With 3YR Bumper To Bumper Warranty
MPN: VSCP7PJABGBA
Contract: CA CMAS Contract 3-24-03-1042
1 $4,353.00 $4,353.00
Enviro Fee: Environment fee for Monitors 1 $3.00 $3.00 5: Microsoft Surface Dock - Docking station - Thunderbolt 4 - 3 x Thunderbolt - 1GbE, 2.5GbE - 165 Watt
MPN: T8I-00001
Contract: CA CMAS Contract 3-24-03-1042
1 $243.00 $243.00
6: Microsoft USB-C Travel Hub - Docking station - USB-C - VGA, HDMI - 1GbE MPN: 1E4-00001
Contract: CA CMAS Contract 3-24-03-1042
1 $81.00 $81.00
7: Microsoft Surface Dock 2 - Docking station - Surface Connect - 2 x USB-C - 1GbE - 199 Watt - for Microsoft Surface Book 2, Book 3, Go, Go 2, Go 3, Laptop, Laptop 2, Laptop 3, Laptop 4, Laptop 5, Laptop Go, Laptop Go 2, Laptop Studio, Pro 5, Pro 6, Pro 7, Pro 7+, Pro 8, Pro 9, Pro X
MPN: 1GK-00001
Contract: CA CMAS Contract 3-24-03-1042
1 $210.00 $210.00
8: Microsoft Surface Pro Flex Keyboard - Keyboard - with bold keyset - with touchpad, accelerometer, Surface Slim Pen 2 storage and charging tray - backlit - wireless - Bluetooth LE - black - for Surface Pro
MPN: ZRA-00023
Contract: CA CMAS Contract 3-24-03-1042
1 $284.00 $284.00
9: Microsoft Surface Slim Pen 2 - Active stylus - 2 buttons - Bluetooth 5.0 - matte black - commercial - for Microsoft Surface Hub 2S, Laptop Studio, Pro 8, Pro 9, Pro X, Studio 2; Surface Duo 2
MPN: 8WX-00001
Contract: CA CMAS Contract 3-24-03-1042
1 $106.00 $106.00
10: Microsoft Surface Pen M1776 - Active stylus - 2 buttons - Bluetooth 4.0 - black - commercial - for Surface Book 3, Go 2, Go 3, Go 4, Laptop 3, Laptop 4, Laptop 5, Pro 7, Pro 7+, Studio 2+
MPN: EYV-00001
Contract: CA CMAS Contract 3-24-03-1042
1 $81.00 $81.00
Item Title: 9.11
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11: Getac Office Dock - Docking station - 90 Watt - United States MPN: GDOFUR
Contract: CA CMAS Contract 3-24-03-1042
1 $319.00 $319.00
Sub-Total: $13,603.00
Shipping & Handling: Included
Taxes: $ 1,190.26
Enviromental Fee: $13.00
Total for Item 1: $14,806.26
This Quote will expire on December 20, 2024.
Please include your Quote Number on your Purchase Order.
Total for all pre-configured items
Sub-Total: $13,603.00
Shipping & Handling : Included
Taxes: $ 1,190.26
Enviromental Fee: $13.00
Total: $14,806.26
Notes:
THIS QUOTATION IS EXPRESSLY LIMITED TO, AND EXPRESSLY MADE CONDITIONAL ON, PURCHASER'S ACCEPTANCE OF THE TERMS HEREIN AND ACCEPTANCE OF HOWARD'S GENERAL TERMS AND CONDITIONS OF SALE (LOCATED AT:
https://www.howardcomputers.com/info/termsofsale.cfm), WHICH ARE FULLY ADOPTED AND INCORPORATED HEREIN BY REFERENCE. PURCHASER'S SUBMISSION OF A PURCHASE ORDER PURSUANT TO THIS QUOTATION CONSTITUTES PURCHASER'S ACCEPTANCE OF AND AGREEMENT WITH HOWARD'S GENERAL TERMS AND CONDTIONS OF SALE. HOWARD OBJECTS TO ANY DIFFERENT OR ADDITIONAL TERMS. A COPY OF THE ABOVE- REFERENCED GENERAL TERMS AND CONDITIONS OF SALE MAY ALSO BE OBTAINED BY CALLING 1-888-912-3151 OR EMAILING [email protected].
Howard's product warranties, return policies and related information are also available at https://www.howardcomputers.com/support/warranties.cfm and https://www.howardcomputers.com/support/returnpolicy.cfm, or may be obtained by calling 1-888-912-3151 or emailing [email protected].
Item Title: 9.11
Purchase Orders with Saitech, Inc. and SHI International for Laptop, Desktop, and Monitor Replacements Item Page Number: 110
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A Division of Howard Industries, Inc.
36 Howard Drive·Ellisville, MS 39437 888.912.3151 general·601.399.5077 fax P.O. Box 1590·Laurel, MS 39441 888.323.3151 technical support
www.Howard.com
Online Quotation
Quote No: BB20 1463610.00 Quote Date: November 20, 2024 Customer Name: Michelle Sarkissian Phone Number: 9517231710 Company Name: Menifee, CA - City Fax Number:
Quote Name: Request for Quotes: Computer Desktops & Monitors HP Item 1
Category Description Qty. Unit Price Ext. Price
System Type: Accessories
1: HP Elite Mini 800 G9 a. Intel i7 (5.0GHz) 32Gb RAM - 2TB SSD -Wi-Fi + Bluetooth -3 x HDMI - RJ45
MPN: A12GVUT
Contract: CA CMAS Contract 3-24-03-1042
1 $1,465.00 $1,465.00
2: HP Z2 Tower G9 Workstation - Intel i9 (5.4 GHz) - 64GB Ram - 2TB SSD- 4x HDMI - RJ45 MPN: 85F26UT
Contract: CA CMAS Contract 3-24-03-1042
1 $7,008.00 $7,008.00
3: ASUS TUF Gaming VG32VQ1B - LED monitor - gaming - curved - 31.5' - 2560 x 1440 WQHD @ 165 Hz - VA - 250 cd/m² - 3000:1 - HDR10 - 1 ms - 2xHDMI, DisplayPort - speakers
MPN: VG32VQ1B
Contract: CA CMAS Contract 3-24-03-1042
1 $307.00 $307.00
4: ASUS ROG Strix XG49VQ - LED monitor - gaming - curved - 49' - 3840 x 1080 DFHD @ 144 Hz - VA - 450 cd/m² - 3000:1 - DisplayHDR 400 - 4 ms - 2xHDMI, DisplayPort - speakers - black
MPN: XG49VQ
Contract: CA CMAS Contract 3-24-03-1042
1 $849.00 $849.00
Enviro Fee: Environment fee for Monitors 1 $5.00 $5.00 5: HPI SOURCING - NEW 524sa 24' Class Full HD LED Monitor - 16:9 - White - 23.8' Viewable - In-plane Switching (IPS) Technology - Edge LED Backlight - 1920 x 1080 - 16.7 Million Colors - 300 Nit - 5 ms - Speakers - HDMI - VGA MPN: 94C36AA
Contract: CA CMAS Contract 3-24-03-1042
1 $311.00 $311.00
Enviro Fee: Environment fee for Monitors 1 $4.00 $4.00 6: HP SERIES 5 527SA 27-IN FHD MONITOR W/ SPEAKERS-
MPN: 94F48AA
Contract: CA CMAS Contract 3-24-03-1042
1 $341.00 $341.00
Enviro Fee: Environment fee for Monitors 1 $4.00 $4.00 7: Dell UltraSharp 43 4K USB-C Hub Monitor TXRJW
MPN: U4323QE
Contract: CA CMAS Contract 3-24-03-1042
1 $883.00 $883.00
Enviro Fee: Environment fee for Monitors 1 $5.00 $5.00 Sub-Total: $11,164.00
Shipping & Handling: Included
Taxes: $ 976.85
Enviromental Fee: $18.00
Total for Item 1: $12,158.85
This Quote will expire on December 20, 2024.
Please include your Quote Number on your Purchase Order.
Total for all pre-configured items
Sub-Total: $11,164.00
Shipping & Handling : Included
Item Title: 9.11
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Shipping & Handling : Included
Taxes: $ 976.85
Enviromental Fee: $18.00
Total: $12,158.85
Notes:
THIS QUOTATION IS EXPRESSLY LIMITED TO, AND EXPRESSLY MADE CONDITIONAL ON, PURCHASER'S ACCEPTANCE OF THE TERMS HEREIN AND ACCEPTANCE OF HOWARD'S GENERAL TERMS AND CONDITIONS OF SALE (LOCATED AT:
https://www.howardcomputers.com/info/termsofsale.cfm), WHICH ARE FULLY ADOPTED AND INCORPORATED HEREIN BY REFERENCE. PURCHASER'S SUBMISSION OF A PURCHASE ORDER PURSUANT TO THIS QUOTATION CONSTITUTES PURCHASER'S ACCEPTANCE OF AND AGREEMENT WITH HOWARD'S GENERAL TERMS AND CONDTIONS OF SALE. HOWARD OBJECTS TO ANY DIFFERENT OR ADDITIONAL TERMS. A COPY OF THE ABOVE- REFERENCED GENERAL TERMS AND CONDITIONS OF SALE MAY ALSO BE OBTAINED BY CALLING 1-888-912-3151 OR EMAILING [email protected].
Howard's product warranties, return policies and related information are also available at https://www.howardcomputers.com/support/warranties.cfm and https://www.howardcomputers.com/support/returnpolicy.cfm, or may be obtained by calling 1-888-912-3151 or emailing [email protected].
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Procurement Division
707 Third Street, 2nd Floor, MS #2-202
West Sacramento, CA 95605-2811
State of California
MULTIPLE AWARD SCHEDULE
NON-MANDATORY
Howard Industries Inc. doing business as
Howard Technology Solutions
Categories Information
CMAS NUMBER: 3-24-03-1042
CMAS TERM DATES: 3/15/2024 through 11/30/2025
EFFECTIVE DATE: 3/15/2024
CMAS CATEGORY: Information Technology Goods and Services
APPLICABLE CMAS
TERMS & CONDITIONS: March 1, 2023
MAXIMUM ORDER LIMIT:
State Agencies: See Purchasing Authority
Dollar Threshold provision
Local Government Agencies: Unlimited
FOR USE BY: State & Local Government Agencies
BASE OMNIA CONTRACT #: 01-145
BASE CONTRACT HOLDER: Howard Technology Solutions
PROGRAM ANALYST Bryan Dugger
[email protected]
This California Multiple Award Schedule (CMAS) provides for the purchase, warranty, installation, and integration of hardware, hardware maintenance and repair services, software, software maintenance as a product, Infrastructure as a Service (IaaS), Platform as a Service (PaaS), Software as a Service (SaaS), and other cloud computing services. (See page 3 for the restrictions applicable to this CMAS.)
NOTICE: Products and/or services on this CMAS may be available on a Mandatory State Contract.
If this is the case, the use of this CMAS is restricted unless the State agency has an approved exemption as explained in the State Contract User Instructions. Information regarding State Contracts can be obtained at the: State Contracts Index Listing. T his requirement is not applicable
to local government agencies.
Any reference to a specific manufacturer’s or publisher’s warranty or terms and conditions as s
hown in the base contract are not applicable to this CMAS.
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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
HOWARD TECHNOLOGY SOLUTIONS
CMAS NUMBER 3-24-03-1042
October 4, 2023 Ordering Instructions and Special Provisions 2 The services provided under this CMAS are only available in support of the products covered by this CMAS.
The most current Ordering Instructions and Special Provisions, CMAS Terms and Conditions, and products and/or services are included herein. All purchase orders issued by State agencies shall incorporate these Ordering Instructions and Special Provisions and CMAS Terms and Conditions.
Agency non-compliance with the requirements may result in the loss of CMAS program delegated purchasing authority.
CMAS contractor non-compliance with the requirements may result in termination.
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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
HOWARD TECHNOLOGY SOLUTIONS
CMAS NUMBER 3-24-03-1042
October 4, 2023 Ordering Instructions and Special Provisions 3
CMAS PRODUCT & SERVICE CODES
Product & Service Codes listed below are for marketing purposes only. Review the base contract for the products and/or services available.
Brand-Barracuda
Brand-Boxlight
Brand-Crestron
Brand-Epson
Brand-Extron
Brand-Google
Brand-Hewlett Packard (HP)
Brand-Juniper
Brand-Lenovo
Brand-Meraki
Brand-Microsoft
Brand-Milestone Systems
Brand-Newline
Brand-Sophos
Furniture-Audio Visual
Security-Surveillance System
AVAILABLE PRODUCTS AND/OR SERVICES
This CMAS provides for the purchase, warranty, installation, and integration of hardware, hardware maintenance and repair services, software, software maintenance as a product, Infrastructure as a Service (IaaS), Platform as a Service (PaaS), Software as a Service (SaaS), and other cloud computing services.
The ordering agency must verify all products and/or services, and pricing are currently available on the OMNIA 01-145 contract at the OMNIA website. Access the OMNIA website at Howard
Technology Solutions | OMNIA Partners | Contract Documents (https://www.omniapartners.com/suppliers/howard-technology-solutions/public-sector/contract- documents#contract-1538)
EXCLUDED PRODUCTS AND/OR SERVICES
The sale of non-Information Technology products, software maintenance as a service, Information Technology consulting services, public works services with a requirement for State contractor licensing, and ancillary services are not available under this CMAS.
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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
HOWARD TECHNOLOGY SOLUTIONS
CMAS NUMBER 3-24-03-1042
October 4, 2023 Ordering Instructions and Special Provisions 4
ISSUE PURCHASE ORDER TO
Agency purchase orders must be sent to the following:
Howard Technology Solutions
PO Box 1590
Laurel, MS 39441
Attn: Brandey Boyd
E-mail: [email protected]
Agencies with questions regarding products and/or services may contact the CMAS contractor as follows:
Contact: Brandey Boyd
Phone: (601) 399-5831
E-mail: [email protected]
TOP 500 DELINQUENT TAXPAYERS
In accordance with Public Contract Code (PCC) 10295.4, and prior to placing an order for IT goods and/or services, agencies must verify with the Franchise Tax Board and the California Department of Tax and Fee Administration that this CMAS contractor’s name does not appear on either list of the 500 largest tax delinquencies pursuant to Revenue and Taxation Code 7063 or 19195. The Franchise Tax Board’s list of Top 500 Delinquent Taxpayers is available at their
website. The California Department of Tax and Fee Administration’s list of Top 500 Sales & Use Tax Delinquencies in California i s available at their website.
CALIFORNIA SELLER’S PERMIT
The CMAS contractor’s California Seller’s Permit Number is 102423643. Prior to placing an order with this company, agencies must verify that this permit is still valid at the California Department of Tax and Fee Administration w ebsite.
MINIMUM ORDER LIMITATION
There is no minimum dollar value limitation on orders placed under this CMAS.
CMAS PRICES
The maximum prices allowed for the products and/or services available are those set forth in the base contract.
The ordering agency is encouraged to seek prices lower than those in the base contract. When responding to an agency’s Request for Offer (RFO), the CMAS contractor can offer lower prices to be competitive.
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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
HOWARD TECHNOLOGY SOLUTIONS
CMAS NUMBER 3-24-03-1042
October 4, 2023 Ordering Instructions and Special Provisions 5
ACQUISITION OF IAAS AND/OR PAAS
If using this CMAS for the purpose of acquiring Infrastructure as a Service (IaaS) and/or Platform as a Service (PaaS), State agencies must first obtain approval to use this CMAS from the California Department of Technology (CDT) in accordance with TL 17-06. State agencies must document CDT’s approval and maintain in the procurement file. Contact CDT for all questions related to the acquisition of IaaS and PaaS and TL 17-06.
EXECUTIVE ORDER N-
6-22 – RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
IRAN CERTIFICATION
This CMAS contractor has certified compliance with the Iran Contracting Act, per PCC 2001-2008.
It is the agency’s responsibility to verify that the contractor has an Iran Contracting Act Certification on file.
CALIFORNIA CIVIL RIGHTS LAW CERTIFICATION
Pursuant to PCC 2010 applicants must certify their compliance with the California Civil Rights laws and Employer Discriminatory Policies (Civil Code 51, GC 12960). It is the agency’s responsibility to verify that the contractor has a California Civil Rights Law Certification on file.
WARRANTY
For warranties, see the base contract and the CMAS Warranty provision in the CMAS Terms and Conditions/General Provisions.
DELIVERY
As negotiated between agency and CMAS contractor and included in the purchase order.
LIQUIDATED DAMAGES FOR LATE DELIVERY
The value of the liquidated damages cannot be a penalty, must be mutually agreed upon by agency and contractor and included in the purchase order to be applicable.
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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
HOWARD TECHNOLOGY SOLUTIONS
CMAS NUMBER 3-24-03-1042
October 4, 2023 Ordering Instructions and Special Provisions 6
SHIPPING INSTRUCTIONS
F.O.B. (Free On Board) Destination. Seller pays the freight charges.
PURCHASING AUTHORITY DOLLAR THRESHOLD
Order limits for the purchase of goods and/or services is determined by the individual agency purchasing authority threshold.
No CMAS order may be executed by a State agency that exceeds that agency’s purchasing authority threshold, unless an exemption is granted by the Department of General Services (DGS) Purchasing Authority Unit (PAU). State agencies with approved purchasing authority, along with their dollar thresholds can be obtained at the
List of State Departments with Approved Purchasing
Authority w ebsite.
HOW TO USE CMAS
State agencies must adhere to the requirements in the State Contracting Manual (SCM) Volume 2, Chapter 1600 and CMAS Ordering Instructions and Special Provisions when using CMAS. • Develop an RFO, which includes a Scope of Work (SOW) and Bidder Declaration form. For information on the Bidder Declaration requirements see SCM, Volume 2, Sections 305 and 1202.
• Clearly defined Tasks (what needs to be done) and Deliverables (outcome of each task, i.e., reports, procedures manual, etc.) must be included in the State’s SOW. • A Work Order Authorization (WOA) may be used to document completion of pre-determined tasks, but only if the tasks are clearly defined in the SOW. The WOA may be used to approve release for the next phase of the agreement but cannot be used to identify any tasks other than the ones called out in the SOW. The WOA will be signed by all parties and may be submitted for progress payments under the award. • Projects can be performed on a Fixed Price Per Deliverable (FP/D). Fixed Price; FP/D: A defined service, or set of services, performed by Contractor in response to a defined task, or set of tasks, at a specific fixed price, and delivered per a specific schedule. Note: When using FP/D the Statement of Work must describe in detail the particular project and the work that the selected Qualified Contractor will be required to perform. • For Consulting or Personal services, do not include any labor categories/job titles or number of hours limit in RFO Requirements or the SOW. The CMAS Contractor provides this information in their Attachment B Cost Worksheet. The State does not have the expertise to make this decision (GC 19130(b)).
• Search for potential CMAS contractors
on the CMAS website and select “Find a CMAS
Contractor.”
• Request offers from a minimum of 3 CMAS contractors including one small business (SB) and/or Disabled Veteran Business Enterprise (DVBE), if available, who are authorized to sell the products and/or able to perform the services needed. (Government Code 14846(b)).
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HOWARD TECHNOLOGY SOLUTIONS
CMAS NUMBER 3-24-03-1042
October 4, 2023 Ordering Instructions and Special Provisions 7 • A valid attempt must be made to secure offers from viable CMAS contractors who are able to supply the goods and/or provide the services. Neither a lack of sufficient CMAS contractors nor the use of restrictive requirements meets the intent for obtaining offers (SCM Volume 2, Section 1670.2).
• If requesting offers from a certified DVBE, include the Disabled Veteran Business Enterprise Declarations form (Standard 843) in the RFO. This declaration must be completed by the DVBE prime contractor and/or any DVBE subcontractors and submitted with the offer (SCM Volume 2, Section 1201).
• This is not a bid transaction, so the small business preference, DVBE incentives, protest language, intent to award, evaluation criteria, advertising, Administrative and Technical Requirements, etc. are not applicable. (SCM Volume 2, Section 1603). • If less than 3 offers are received, State agencies must document their file with the reasons why the other suppliers did not respond with an offer. The reason must come from the CMAS contractor.
• Assess the offers received using best value criteria including cost as one of the criteria (SCM Volume 2, Section 1603).
• Issue a Purchase Order to the selected CMAS contractor. • For CMAS transactions under $10,000, only one offer is required if the State agency can establish and document that the price is fair and reasonable. The fair and reasonable method can only be used for non-customizable purchases. See SCM Volume 2, Section 1510 for Fair and Reason criteria.
Local agencies must follow their own procurement regulations. For more information see the Local
Agency packet av ailable online.
AGENCY RESPONSIBILITY
Each agency is responsible for its own contracting program and purchasing decisions, including use of the CMAS program and associated outcomes. This responsibility includes, but is not limited to, ensuring the necessity of the services, securing appropriate funding, complying with laws and policies, preparing the purchase order in a manner that safeguards the State’s best interests, obtaining required approvals, and documenting compliance with GC 19130.b(3) for outsourcing services.
It is the responsibility of each agency to consult with their legal staff and contracting offices for advice depending upon the scope or complexity of the purchase order. If legal services are not available within your agency, DGS Office of Legal Services is available to provide services.
CONFLICT OF INTEREST
Agencies must evaluate the proposed purchase order to determine if there are any potential conflict of interest issues. See the CMAS Terms and Conditions, Conflict of Interest, for more information.
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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
HOWARD TECHNOLOGY SOLUTIONS
CMAS NUMBER 3-24-03-1042
October 4, 2023 Ordering Instructions and Special Provisions 8
SPLITTING ORDERS
Splitting orders to avoid any monetary limitations is prohibited. Do not circumvent normal procurement methods by splitting purchases into a series of delegated purchase orders per PCC 10329. Splitting a project into small projects to avoid either fiscal or procedural controls is prohibited per State Administrative Manual (SAM) 4819.34.
This provision does not apply to local government agencies.
ORDERING PROCEDURES
1. Purchase Orders
All Ordering Agency purchase order documents executed under this CMAS must contain the applicable CMAS number as show on page 1.
a. State Departments:
Standard 65 Purchase Documents – State departments not transacting in FISCal must use the Purchasing Authority Purchase Order (Standard 65) for purchase execution. An electronic version of the
Standard 65 is available at the Department of General Services (DGS), Procurement Division (PD) website, select Standard (STD) Forms.
FISCAL Purchase Documents – S tate departments transacting in FISCal will follow the FISCal procurement and contracting procedures.
b. Local Government Agencies:
Local government agencies may use their own purchase order document for purchase execution.
The agency is required to complete and distribute the purchase order. For services, the agency shall modify the information contained on the order to include the service period (start and end date), the monthly cost (or other intermittent cost), and any other information pertinent to the services. The cost for each line item must be included in the order, not just system totals.
The contractor must immediately reject purchase orders that are not accurate. Discrepancies are to be negotiated and incorporated into the purchase order prior to product delivery and service implementation.
2. Service and Delivery after CMAS Expiration
The purchase order must be issued before the CMAS expires. However, delivery of the products or completion of the services may be after the CMAS expires (unless otherwise specifically stated in the purchase order). Amending the purchase order to add quantity, time, or money is not possible if the CMAS expired.
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CMAS NUMBER 3-24-03-1042
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3. Multiple CMAS Agreements on a Single Purchase Order
State agencies wishing to include multiple CMAS agreements on a single FISCal purchase order must adhere to the following guidelines:
• All CMAS must be for the same CMAS contractor.
• The purchase order must go to one contractor location. • Enter the word “CMAS” in the space reserved for the Leveraged Procurement Agreement (LPA) number. The word “CMAS” signifies that the purchase order contains items from multiple CMAS agreements. The purchasing agency may only use one bill code. • For each individual CMAS, the agency must identify and group together the CMAS number with the line items and subtotal per CMAS number (do not include tax in the subtotal), and sequentially identify each individual CMAS as Sub #1, Sub #2, Sub #3, etc. This facilitates accurate billing of administrative fees by the Procurement Division. • The total of all items on the purchase order must not exceed the State agency’s purchasing authority dollar threshold granted by DGS PAU.
• Do not combine items from IT and non-IT CMAS agreements. An Information Technology CMAS begins with the number “3” and a non-IT CMAS begins with the number “4.” The purchase order limits are different for these CMAS agreements.
4. Amendments to State Agency's Purchase Orders
Agency purchase orders cannot be amended if the CMAS has expired.
SCM, Volume 2, Section 1605 provides the following directions regarding amendments to all types of LPA purchase orders:
Original orders, which include options for changes (e.g., quantity or time), that were assessed and considered in the selection for award during the RFO process, may be amended consistent with the terms of the original order, provided that the original order allowed for amendments. If the original order did not evaluate options, then amendments are not allowed unless an Non-Competitively Bid is approved for those amendments.
Amendments unique to Non-IT Services:
If the original contract permitted amendments, but did not specify the changes, (e.g., quantity or time), it may be amended. Per PCC 10335 (d)(1), a contract may only be amended once under this exemption. The time shall not exceed one year, or add not more than 30 percent of the original order value and may not exceed $250,000. If the original contract did not have language permitting amendments, the Non-Competitively Bid process must be followed.
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HOWARD TECHNOLOGY SOLUTIONS
CMAS NUMBER 3-24-03-1042
October 4, 2023 Ordering Instructions and Special Provisions 10
CMAS CONTRACTOR OWNERSHIP INFORMATION
The CMAS contractor is a large business enterprise.
SMALL BUSINESS MUST BE CONSIDERED
Prior to placing orders under the CMAS program, State agencies must first consider offers from small businesses that have established CMAS agreements (GC 14846(b)). NOTE: DGS auditors will request substantiation of compliance with this requirement when agency files are reviewed.
CMAS Small Business and Disabled Veteran Partners can be found on the CMAS website by selecting “Find a CMAS Contractor”.
In response to our commitment to increase participation by small businesses, the Department of General Services waives the administrative fee (charged to customer agencies to support the CMAS program) for orders to California certified small business enterprises.
SMALL BUSINESS/DVBE - TRACKING
State agencies are able to claim subcontracting dollars towards their SB or DVBE goals whenever the CMAS contractor subcontracts a commercially useful function to a certified SB or DVBE. The CMAS contractor will provide the ordering agency with the name of the SB or DVBE used and the dollar amount the ordering agency can apply towards its SB or DVBE goal.
SMALL BUSINESS/DVBE - SUBCONTRACTING
1. The amount an ordering agency can claim towards achieving its SB or DVBE goals is the dollar amount of the subcontract award made by the CMAS contractor to each SB or DVBE.
2. The CMAS contractor will provide an ordering agency with the following information at the time the order is quoted:
a. The CMAS contractor will state that, as the prime contractor, it shall be responsible for the overall execution of the fulfillment of the order.
b. The CMAS contractor will indicate to the ordering agency how the order meets the SB or DVBE goal, as follows:
i. List the name of each company that is certified by the Office of Small Business and DVBE Services that it intends to subcontract a commercially useful function to; and ii. Include the SB or DVBE certification number of each company listed and attach a copy of each certification; and
iii. Indicate the dollar amount of each subcontract with a SB or DVBE that may be claimed by the ordering agency towards the SB or DVBE goal; and iv. Indicate what commercially useful function the SB or DVBE subcontractor will be providing towards fulfillment of the order.
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3. The ordering agency’s purchase order must be addressed to the prime contractor, and the purchase order must reference the information provided by the prime contractor as outlined above.
CONTRACTORS ACTING AS FISCAL AGENTS ARE PROHIBITED
When a subcontractor ultimately provides all of the products or performs all of the services that a CMAS contractor has agreed to provide, and the prime contractor only handles the invoicing of expenditures, then the prime contractor's role becomes that of a fiscal agent because it is merely administrative in nature and does not provide a Commercially Useful Function. It is unacceptable to use fiscal agents in this manner because the agency is paying unnecessary administrative costs.
WITHHOLD LANGUAGE (SB588)
Upon delivery or completion of ordered goods or services for which the Contractor committed to DVBE subcontractor participation, state departments must require the Contractor to certify all the following:
1. The amount and percentage of work the Contractor committed to provide to one or more DVBEs under the requirements of the contract and the amount each DVBE received from the Contractor.
2. That all payments under the contract have been made to the DVBE. Upon request, the Contractor must provide proof of payment for the work.
In accordance with the Military and Veterans Code 999.7, state departments shall withhold $10,000 from the final payment, or the full final payment if less than $10,000, if the Contractor fails to meet the certification requirements identified above. State departments shall notify the Contractor of their failure to meet the certification requirements and give the Contractor an opportunity to comply with the certification requirements. If after 30 calendar days from the date of notice, the Contractor refuses to comply with the certification requirements, the state department shall permanently deduct $10,000 from the final payment or the full payment if less than $10,000.
PRODUCT SUBSTITUTIONS
Substitution of Deliverables may not be tendered without advance written consent of the Buyer.
The Contractor must offer an equivalent or newer model of the product from the same manufacturer at the same or lower price. Contractor cannot use any specification in lieu of those contained in the Contract without written consent from the Buyer.
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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
HOWARD TECHNOLOGY SOLUTIONS
CMAS NUMBER 3-24-03-1042
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NEW EQUIPMENT REQUIRED
The State will procure new equipment. All equipment must be new (or warranted as newly manufactured) and the latest model in current production. Used, shopworn, demonstrator, prototype, or discontinued models are not acceptable.
Where Federal Energy Management Program (FEMP) standards are available, all State agencies shall purchase only those products that meet the recommended standards. All products displaying the Energy Star label meet the FEMP standards.
SPECIAL MANUFACTURED GOODS
Any CMAS for goods to be manufactured by the CMAS contractor specifically for the State and not suitable for sale to others may require progress payments.
TRADE-IN EQUIPMENT
Trade-ins at open market price may be considered. The product description and trade-in allowance must be identified on the purchase order.
Agencies are required to adhere to SAM 3520 through 3520.6, Disposal of Personal Property and Surplus Personal Property, as applicable, when trade-ins are considered. A Property Survey Report, Standard 152, must be submitted for approval prior to disposition of any State owned personal property, including general office furniture regardless of the acquisition value, or if the property was recorded or capitalized for accounting purposes.
STATE AGENCY BUY RECYCLED CAMPAIGN
State ordering agencies are required to report purchases made within the eleven product categories in the California Department of Resources Recycling and Recovery’s State Agency Buy Recycled Campaign per PCC 12200 through 12217.
Contractor will be required to complete and return a Recycled-Content Certification form upon
request by the state ordering agency.
ACCEPTANCE TESTING CRITERIA
If the agency wants to include acceptance testing for all newly installed technology systems, individual equipment, and machines which are added or field modified (modification of a machine from one model to another) after a successful performance period, the test criteria must be included in the purchase order to be applicable.
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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
HOWARD TECHNOLOGY SOLUTIONS
CMAS NUMBER 3-24-03-1042
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ELECTRONIC WASTE RECYCLING
State agencies are required to recycle state owned surplus electronic equipment that has no useful life remaining (E-Waste) to the maximum extent possible. State agencies shall dispose of E-Waste using the services of the California Prison Industry Authority (CALPIA), unless the agency meets the pickup quantity and location exemption criteria detailed in SAM 3520.10. Electronic equipment that is usable and still retains value is not considered E-Waste and must be reutilized through DGS, Office of Fleet and Asset Management (OFAM) Surplus Personal Property Warehouse.
State agencies shall determine which equipment meets the definition of E-Waste or reusable Electronic Equipment per the definitions provided in the SAM Management Memo (MM) 17-06.
OFAM will validate that equipment meets the appropriate definition when reviewing the submitted Property Survey Report (Standard 152).
The electronic waste recycling fee must be shown as a line item on the agency purchase order before the CMAS contractor can include it on their invoice.
See SAM 3520.10 for more information on this policy.
Information for submitting a Standard 152 can be found on the DGS OFAM surplus property
website.
Information on the E-Waste - CALPIA Store and the E-Waste Exemption Request Form EWR- F400 c an be found at the CALPIA website.
PRODUCTIVE USE REQUIREMENTS
The customer in-use requirement applies to all procurements of information technology equipment and software, per Statewide Information Management Manual Section 195.
Each equipment or software component must be in current operation for a paying customer and the paying customer must be external to the contractor’s organization (not owned by the contractor and not owning the contractor).
To substantiate compliance with the Productive Use Requirements, the CMAS contractor must provide upon request the name and address of a customer installation and the name and telephone number of a contact person.
The elapsed time such equipment or software must have been in operation is based upon the importance of the equipment or software for system operation and its cost. The following designates product categories and the required period of time for equipment or software operation prior to approval of the replacement item on CMAS.
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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
HOWARD TECHNOLOGY SOLUTIONS
CMAS NUMBER 3-24-03-1042
October 4, 2023 Ordering Instructions and Special Provisions 14 Category 1 - Critical Software: Critical software is software that is required to control the overall operation of a computer system or peripheral equipment. Included in this category are operating systems, data base management systems, language interpreters, assemblers and compilers, communications software, and other essential system software.
Cost Installation Final Bid Submission
More than $100,000 8 months 6 months
$10,000 up to $100,000 4 months 3 months
Less than $10,000 1 month 1 month
Category 2 - All Information Technology Equipment and Non-Critical Software: Information technology equipment is defined in SAM 4819.2.
Cost Installation Final Bid Submission
More than $100,000 6 months 4 months
$10,000 up to $100,000 4 months 3 months
Less than $10,000 1 month 1 month
PRODUCT INSTALLATION
The CMAS contractor is fully responsible for all installation services performed under the CMAS.
Product installations must be performed by manufacturer authorized personnel and meet manufacturer documented specifications.
The prime contractor, as well as any subcontractors, must hold any certifications and/or licenses required for the project.
NOT SPECIFICALLY PRICED ITEMS
The only time that open market/incidental, non-contract items may be included in a CMAS order is when they fall under the parameters of the Not Specifically Priced (NSP) Items provision.
CMAS contractors must be authorized providers of the hardware, software and/or services they offer under the NSP Items provision.
Agency and CMAS contractor use of the NSP provision is subject to the following requirements:
1. Purchase orders containing only NSP items are prohibited.
2. A purchase order containing NSP items may be issued only if it results in the lowest overall alternative to the State.
3. NSP items shall be clearly identified in the order. Any product or service already specifically priced and included in the base contract may not be identified as an NSP item.
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4. NSP Installation Services: The CMAS contractor is fully responsible for all installation services performed under the CMAS. Product installations must be performed by manufacturer authorized personnel and meet manufacturer documented specifications. The prime contractor, as well as any subcontractors, must hold any certifications and/or licenses required for the project. The total dollar value of all installation services included in the purchase order cannot exceed the dollar value of the products included in the purchase order, nor can they exceed the NSP Maximum Order Limitation.
5. Maximum Order Limitation: For orders $250,000, or less, the total dollar value of all NSP items included in a purchase order shall not exceed $5,000. For orders exceeding $250,000, and at the option of the contractor, the total dollar value of all NSP items in a purchase order shall not exceed 5% of the total cost of the order or $25,000 whichever is lower.
6. An NSP item included in an order issued against this CMAS is subject to all of the terms and conditions set forth in the CMAS.
7. Trade-ins, upgrades, involving the swapping of boards, are permissible, where the contract makes specific provisions for this action. In those instances, where it is permitted, the purchase order must include the replacement item and a notation that the purchase involves the swapping of a board.
The following NSP items are specifically excluded from any order issued under this CMAS:
1. Items not intended for use in direct support of the priced items included in the same order.
An NSP item must be subordinate to the specifically priced item that it is supporting. For example, a cable, which is not otherwise specifically priced in the base contract, is subordinate to a specifically priced printer and is eligible to be an NSP item subject to that cable meeting the remaining NSP requirements. However, a printer that is not otherwise specifically priced in the base contract, is not subordinate to a specifically priced cable and is not eligible to be an NSP item.
2. Supply type items, except for the minimum amount necessary to provide initial support to the priced items included in the same order.
3. Items that do not meet the Productive Use Requirements for information technology products, per Statewide Information Management Manual Section 195.
4. Any other item or class of items specifically excluded from the scope of this CMAS.
5. Public Works and other services NOT in support of the products covered by this CMAS.
6. Products or services the CMAS contractor is NOT factory authorized or otherwise certified or trained to provide.
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7. Follow-on consultant services that were previously recommended or suggested by the same CMAS contractor.
The CMAS contractor is required to reject purchase orders containing NSP items that do not comply with the above requirements. The CMAS contractor will promptly notify the agency issuing the noncompliant order of its rejection and the reasons for its rejection.
STATE AND LOCAL GOVERNMENTS CAN USE CMAS
State and local government agency use of CMAS is optional. A local government is any city, county, city and county, district, or other local governmental body or corporation, including Universities of California, California State Universities, K-12 schools, and community colleges empowered to expend public funds. While the State makes this CMAS available, each local government agency should make its own determination whether the CMAS program is consistent with its procurement policies and regulations.
PCC 10298 allows any city, county, city and county, district, or other local governmental body or corporation empowered to expend public funds to contract with suppliers awarded CMAS without further competitive bidding. See complete PCC 10298
language at the California Legislative
Information website.
PCC 10299 allows any school district empowered to expend public funds to utilize CMAS without further competitive bidding. See complete PCC 10299
language at the California Legislative
Information website.
SELF- DELETING BASE CONTRACT TERMS AND CONDITIONS
Instructions or terms and conditions that appear in the Special Items or other provisions of the base contract and apply to the purchase, license, or rental (as applicable) of products or services by the US Government in the United States and/or to any overseas location shall be self-deleting. (Example: "Examinations of Records" provision).
Federal regulations and standards, such as Federal Acquisition Regulation, Federal Information Resources Management Regulation, Federal Information Processing Standards, General Services Administration Regulation, or Federal Installment Payment Agreement shall be self-deleting.
Federal blanket orders and small order procedures are not applicable.
ORDER OF PRECEDENCE
The CMAS Terms and Conditions take precedence if there is a conflict between the terms and conditions of the contractor's base contract, packaging, invoices, catalogs, brochures, technical data sheets, or other documents (see CMAS Terms and Conditions, CONFLICT OF TERMS).
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APPLICABLE CODES, POLICIES AND GUIDELINES
All California codes, policies, and guidelines are applicable. The use of CMAS does not relieve state agencies of their responsibility to meet statewide requirements regarding contracting or the procurement of goods or services. Most procurement and contract codes, policies, and guidelines are incorporated into CMAS agreements; however, there is no guarantee that every requirement that pertains to all State processes has been included.
PAYMENTS AND INVOICES
1. Payment Terms
Payment terms for this CMAS are net 45 days.
Payment will be made in accordance with the provisions of the California Prompt Payment Act, GC 927. Unless expressly exempted by statute, the Act requires State agencies to pay properly submitted, undisputed invoices not more than 45 days after (1) the date of acceptance of goods or performance of services; or (2) receipt of an undisputed invoice, whichever is later.
2. Payee Data Record (Standard 204)
State Agencies must obtain a copy of the Payee Data Record (Standard 204) in order to process payments. State Ordering Agencies must forward a copy of the Standard 204 to their accounting offices. Without the Standard 204, payment may be unnecessarily delayed. State Agencies should contact the CMAS contractor for copies of the Payee Data Record.
3. DGS Administrative and Incentive Fees
Orders from State Agencies:
DGS will bill each State agency directly an administrative fee for use of CMAS. The administrative fee should NOT be included in the order total or remitted before an invoice is received from DGS. This administrative fee is waived for CMAS purchase orders issued to California certified small businesses.
Orders from Local Government Agencies:
CMAS contractors, who are not California certified small businesses, are required to remit to DGS an incentive fee equal to a percentage of the total of all local government agency orders (excluding sales tax and shipping) placed against their CMAS.
The incentive fee is waived for CMAS purchase orders issued to California certified small businesses.
For more information on the incentive fees see the CMAS Management Guide .
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4. Contractor Invoices
Unless otherwise stipulated, the CMAS contractor must send their invoices to the agency address set forth in the purchase order. Invoices shall be submitted in triplicate and shall include the following:
• CMAS number
• Agency purchase order number
• Agency Bill Code (State Only)
• Line item number
• Unit price
• Extended line item price
• Invoice total
State sales tax and/or use tax shall be itemized separately and added to each invoice as applicable.
The company name on the CMAS, purchase order and invoice must match, or the State Controller’s Office will not approve payment.
5. Advance Payments
Advance payment is allowed for services only under limited, narrowly defined circumstances, i.e., between specific departments and certain types of non-profit organizations, or when paying another government agency (GC 11256 through 11263 and 11019).
It is NOT acceptable to pay in advance, except software maintenance and license fees, which are considered a subscription and may be paid in advance if a provision addressing payment in advance is included in the purchase order.
Software warranty upgrades and extensions may also be paid for in advance, one time.
6. Credit Card
The CMAS contractor accepts the State of California credit card (VISA CAL-Card).
A purchase order is required even when the ordering department chooses to pay the CMAS contractor via the CAL-Card.
7. Leasing/Financing
California State Agencies should use the Golden State Financial Marketplace (GS SMart)
program for all financing and leasing needs. California Local Government Agencies (counties, cities, K-12 school districts, community colleges, California State Universities, Universities of California, etc.) may utilize the GS SMart program for financing and leasing according to PCC 14937. The minimum dollar amount for Local G overnment Agency financing and leasing is $100,000.
Item Title: 9.11
Purchase Orders with Saitech, Inc. and SHI International for Laptop, Desktop, and Monitor Replacements Item Page Number: 130
Menifee Mayor and City Council
December 17, 2024
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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
HOWARD TECHNOLOGY SOLUTIONS
CMAS NUMBER 3-24-03-1042
October 4, 2023 Ordering Instructions and Special Provisions 19
8. Lease/Purchase Analysis
California State agencies must complete a Lease/Purchase Analysis (LPA) to determine best value when contemplating a lease/rental and retain a copy for future audit purposes (SAM 3710).
For short-term rental equipment, the lease/purchase analysis must be approved by DGS Office of Legal Services.
The lease/purchase analysis for all other purchases must be approved by the Department of General Services, GS SMart State Financial Marketplace. Buyers may contact the GS SMart Unit via e-mail at [email protected] for further information.
9. Leasing
The State reserves the right to select the form of payment for all procurements, whether it is an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS SMart and/or Lease SMart). If payment is via the financial marketplace, the CMAS contractor will invoice the State and the State will approve the invoice. The selected Lender/Lessor for all product listed on the State’s procurement document will pay the supplier on behalf of the State. Buyers may contact the GS SMart Unit via e-mail at [email protected] for further information.
10. Maintenance Tax
The California Department of Tax and Fee Administration has ruled that in accordance with Section 1546 of the Sales and Use Tax Regulations of the Business Taxes Law Guide, whenever optional maintenance contracts include consumable supplies, such supplies are subject to sales tax.
Generally, the State has two options:
1. For agreements that provide for only maintenance services (i.e., the furnishing of labor and parts necessary to maintain equipment), the charges for the provision of maintenance services are not taxable.
2. For agreements that provide for both maintenance services and consumable supply items (e.g., toner, developer, staples), the provision of the consumable supplies is considered a taxable sale of tangible personal property. Therefore, State agencies awarding optional maintenance contracts are responsible for paying the applicable sales tax on the consumable supplies used during the performance period of the maintenance contract.
The Contractor will be required to itemize the taxable consumables for State accounting purposes.
Item Title: 9.11
Purchase Orders with Saitech, Inc. and SHI International for Laptop, Desktop, and Monitor Replacements Item Page Number: 131
Menifee Mayor and City Council
December 17, 2024
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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
HOWARD TECHNOLOGY SOLUTIONS
CMAS NUMBER 3-24-03-1042
October 4, 2023 Ordering Instructions and Special Provisions 20
OBTAINING COPY OF CMAS
A copy of this CMAS can be obtained at Cal eProcure. Links to the CMAS terms and conditions and base contract are available on the front page of this CMAS agreement.
It is important for the agency to confirm that the required products, services, and prices are included in the CMAS and are at or below base contract rates. To streamline verification that the needed items are in the base contract, the agencies should ask the CMAS contractor to identify the specific location in the base contract that include the required products, services, and prices.
Once verified, agencies should save the information for their file documentation.
FEDERAL DEBARMENT
When federal funds are expended, the agency is required to obtain (retain in file) a signed “Federal Debarment” certification from the CMAS contractor before the purchase order is issued. T his certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants; responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211).
CONTRACTOR TRAVEL
The Travel provision is not applicable to this CMAS.
AMERICANS WITH DISABILITY ACT
To view the DGS Accessibility Policy, please visit the DGS website.
Item Title: 9.11
Purchase Orders with Saitech, Inc. and SHI International for Laptop, Desktop, and Monitor Replacements Item Page Number: 132
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December 17, 2024
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CITY OF MENIFEE
SUBJECT: Agreement with Axon Enterprises, Inc. for Police Department Body Worn Cameras and Dash Cameras
MEETING DATE: December 17, 2024
TO: Mayor and City Council
PREPARED BY: Christine Booker, Budgets & Grants Analyst REVIEWED BY: Chris Karrer, Police Chief
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute the Master Services and Purchasing Agreement with Axon Enterprise, Inc. in an amount not-to-exceed $6,814,103.84 for Axon devices and services for Fiscal Years 2025/2026 through 2034/2035; and
2. Approve and authorize this purchase utilizing NPPGov, Contract No. PS20270, pursuant to Menifee Municipal Code Section 3.12.070 (6); and
3. Authorize the City Manager to execute the required documents and the Finance Department to issue a corresponding purchase order(s) for the purchase(s), and contract(s) and/or amendments.
DISCUSSION
The Menifee Police Department (MPD) began contracting with Axon Enterprises, Inc. upon its go- live in July of 2020. Currently MPD has four active contracts with Axon which include two contracts for body-worn camera/taser bundles to outfit all necessary field staff, and two contacts for in-car camera systems that are located in all patrol and ancillary vehicles. The total of these four contracts is $2,128,120. The contracts all have five-year terms with expiration dates between March 2025 and June 2027.
Staff requests that the four current Axon contracts be combined into one Master Services and Purchasing Agreement to increase the ease of management and tracking on the part of MPD, Information Technology (IT), and City Hall Finance staff. This combining of contracts would create one manageable term period for renewals and billing and would simplify cross-refencing of equipment and invoicing.
Item Title: 9.12
Agreement with Axon Enterprises, Inc. for Police Department Body Worn Cameras and Dash Cameras Item Page Number: 1
Menifee Mayor and City Council
December 17, 2024
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City of Menifee Staff Report
Combined Axon Agreement
December 17, 2024
2 4
7 5
MPD staff have worked alongside the Axon representatives to create an inclusive quote to cover all existing equipment and services, as well as pricing out the expansion needed for the future growth of the department. The new term for the proposed Master Agreement would be ten years and four months to cover the earliest expiring contract term of March 2025 through the end of the fiscal year in June 2035. The longer term would enable MPD to ensure access to more favorable pricing and access to the latest advanced technology which would directly contribute to the City’s long-term safety and resilience goals. While considering all budgetary factors staff have determined that the benefits of moving forward with the proposed agreement would provide the most cost-effective advantage, saving funds in the long term as opposed to renewing the existing agreement for another five-year term. Table 1 below demonstrates the cost savings for the proposed agreement.
TABLE 1
Agreement Options Initial
Term
Contract
Initial Cost
Contract
Renewal Cost
Total for 10-
year term
Maintain All Current Items
(Jan ‘25 pricing) 5 years $2,655,867.99 $4,834,937.35* $7,490,805.34 Upgrade to Taser 10 in
2025
(Jan ‘25 pricing)
5 years $4,029,114.46 $4,834,937.35** $8,864,051.81
Upgrade to Taser 10 in
2025 with extended term
(Proposed)
10 years $6,814,103.84 $0.00 $6,814,103.84
*Current five-year contracts include a 20% increase to renew the contract for an additional five- year term. ** Taser 7’s will be phased out in five years and upgrade to Taser 10 would result in the increased cost for the renewal period.
In addition to the replacement of the current body camera/taser bundles with the newest models every two years, MPD would also gain access to new software and equipment under the requested contract consolidation. The breakdown for included items is shown below in Table 2.
TABLE 2
Item/ Service Description
Included
in Current
Contract
Included in
Requested
Contract
Quantity if
Applicable
TASER 7 Current model of tasers X
TASER 10 Newest model of tasers with
improved range X 93
AXON Body-3 Current model of body worn
cameras X
AXON Body-4
Newest model of body worn
cameras with upgraded system,
improved battery, and Draft One
capabilities
X 109
Item Title: 9.12
Agreement with Axon Enterprises, Inc. for Police Department Body Worn Cameras and Dash Cameras Item Page Number: 2
Menifee Mayor and City Council
December 17, 2024
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City of Menifee Staff Report
Combined Axon Agreement
December 17, 2024
2 4
7 5
Draft One
Automated transcription services,
dictates reports based on body
worn camera footage
X 60
AXON Air
Drone to support Drone as First
Responder Program (valued at
$25,667.40 but receiving for free)
X 1
FUSUS*
Real time awareness center with
up to 1,500 video streams from
parks, streets, PD, school, private
sites, etc.
X 1
AXON VR
State of the art Virtual Reality
taser training including headsets,
training tasers, tablets and
controllers
X 4
OSP 10
Package
Allows for regular equipment
replacement cycles ensuring
access to latest cameras and
tasers without needing to
purchase new equipment
X All
equipment
Fleet-3 In-car dash camera and license
plate reader system X X
Increase
from 52 to
62 *The FUSUS real time crime center software is valued at $150,000 per year but the ten-year contract term would lock in pricing for this program at $100,000 per year creating total savings of $500,000 over the life of the contract.
Purchasing body worn camera/tasers and in-car cameras systems using the NPPGov Cooperative Purchasing Agreement No. PS20270 would expedite and result in cost savings by leveraging cooperative purchasing of the community, government agency, educational institute, tribal nation, and nonprofit pricing. Using the contracts, the City would also benefit from reduced administrative costs. The purchasing is allowed under the Menifee Municipal Code Section
3.12.070 (6).
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
The fiscal impact for the proposed agreement with Axon Enterprises, Inc. is not-to-exceed $6,814,103.84 over the 10-year term. Funding for the first four months of the agreement with Axon from March 2025 – June 30, 2025 would be paid from credits earned due to the consolidation of contracts resulting in a positive balance on the MPD’s account. No additional budget appropriation action(s) is required. Funding for the future fiscal years would be budgeted under leases for MPD within the Information Technology Fund (1110-MPD-652502). Funding per fiscal year is reflected in Table 3 on the following page.
Item Title: 9.12
Agreement with Axon Enterprises, Inc. for Police Department Body Worn Cameras and Dash Cameras Item Page Number: 3
Menifee Mayor and City Council
December 17, 2024
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City of Menifee Staff Report
Combined Axon Agreement
December 17, 2024
2 4
7 5
TABLE 3
Fiscal Year Total Due Notes
FY 2024-2025 ($30,541.44) Credits will pay for the remainder of this FY from March – June 2025
FY 2025-2026 $697,342.16 Higher than other years to account for hardware cost for additional 10 in-car cameras.
FY 2026-2027 $683,033.66
FY 2027-2028 $683,033.66
FY 2028-2029 $683,033.66
FY 2029-2030 $683,033.66
FY 2030-2031 $683,033.66
FY 2031-2032 $683,033.66
FY 2032-2033 $683,033.66
FY 2033-2034 $683,033.66
FY 2034-2035 $683,033.84 Contract will expire on June 30, 2035 TOTAL $6,814,103.84
ATTACHMENTS
1. Axon Agreement
2. Master Services Agreement
3. NPPGov Axon Summary
Item Title: 9.12
Agreement with Axon Enterprises, Inc. for Police Department Body Worn Cameras and Dash Cameras Item Page Number: 4
Menifee Mayor and City Council
December 17, 2024
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Q-604772-45616.956DG
Issued: 11/20/2024
Quote Expiration: 12/20/2024
Estimated Contract Start Date: 05/15/2025
Account Number: 508779
Payment Terms: N30
Delivery Method:
SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Menifee Police Dept.
29714 Haun Rd
Menifee,
CA
92586-6540
USA
Menifee Police Dept. - CA
29844 Haun Rd
Menifee
CA
92586-6539
USA
Email:
David Gollobit
Phone: +1 6023212774
Email: [email protected]
Fax:
David Gutierrez
Phone: (951) 723-1520
Email: [email protected]
Fax:
Quote Summary Discount Summary
Program Length 120 Months Average Savings Per Year $445,584.12 TOTAL COST $6,674,009.21
ESTIMATED TOTAL W/ TAX $6,814,103.84 TOTAL SAVINGS $4,455,841.19
Axon Enterprise, Inc.
17800 N 85th St.
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
Item Title: 9.12
Agreement with Axon Enterprises, Inc. for Police Department Body Worn Cameras and Dash Cameras Item Page Number: 5
Menifee Mayor and City Council
December 17, 2024
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Payment Summary
Date Subtotal Tax Total
May 2025 ($36,067.99) $5,526.55 ($30,541.44)
Jun 2025 $669,576.87 $13,456.79 $683,033.66
Jan 2026 $14,308.50 $0.00 $14,308.50
Jun 2026 $669,576.87 $13,456.79 $683,033.66
Jun 2027 $669,576.87 $13,456.79 $683,033.66
Jun 2028 $669,576.87 $13,456.79 $683,033.66
Jun 2029 $669,576.87 $13,456.79 $683,033.66
Jun 2030 $669,576.87 $13,456.79 $683,033.66
Jun 2031 $669,576.87 $13,456.79 $683,033.66
Jun 2032 $669,576.87 $13,456.79 $683,033.66
Jun 2033 $669,576.87 $13,456.79 $683,033.66
Jun 2034 $669,576.87 $13,456.97 $683,033.84
Total $6,674,009.21 $140,094.63 $6,814,103.84
Item Title: 9.12
Agreement with Axon Enterprises, Inc. for Police Department Body Worn Cameras and Dash Cameras Item Page Number: 6
Menifee Mayor and City Council
December 17, 2024
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Quote Unbundled Price: $11,129,850.40
Quote List Price: $7,696,843.60
Quote Subtotal: $6,674,009.21
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 $1.00 ($106,728.54) ($106,728.54) $0.00 ($106,728.54) 100552 TRANSFER CREDIT - GOODS 1 $1.00 $63,160.55 $63,160.55 $5,526.55 $68,687.10 M00015 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 93 120 $666.44 $390.20 $380.83 $4,250,062.80 $97,456.79 $4,347,519.59 Fleet3A10Yr Fleet 3 Advanced 10 Year 52 120 $290.92 $248.53 $229.34 $1,431,081.60 $32,657.06 $1,463,738.66 Fleet3A10Yr Fleet 3 Advanced 10 Year 10 112 $295.27 $248.53 $211.89 $237,316.80 $4,454.23 $241,771.03 B00025 BUNDLE - UNLIMITED PREMIUM 10YR 13 120 $345.51 $324.16 $0.00 $0.00 $0.00 $0.00 A la Carte Hardware
101235 AXON AIR - SKYDIO X10 STARTER KIT 2.4/5GHZ CELL IR NA VT300Z 1 $16,464.40 $0.00 $0.00 $0.00 $0.00
101229 AXON AIR - SKYDIO SPOTLIGHT FOR X10 1 $265.00 $0.00 $0.00 $0.00 $0.00 101261 AXON AIR - SKYDIO NIGHTSENSE IR FILTER FOR X10 1 $2,800.00 $0.00 $0.00 $0.00 $0.00 101211 AXON AIR - SKYDIO SPEAKER/MIC FOR X10 1 $320.00 $0.00 $0.00 $0.00 $0.00 H00002 AB4 Multi Bay Dock Bundle 12 $1,638.90 $0.00 $0.00 $0.00 $0.00 H00001 AB4 Camera Bundle 93 $849.00 $0.00 $0.00 $0.00 $0.00 H00001 AB4 Camera Bundle 13 $849.00 $0.00 $0.00 $0.00 $0.00 A la Carte Software
100551 AXON AIR - DRONESENSE CLOUDSTREAM FOR SKYDIO 1 120 $0.00 $0.00 $0.00 $0.00 $0.00 100112 AXON AIR - EVIDENCE.COM LICENSE - PILOT DATA 1 120 $37.80 $0.00 $0.00 $0.00 $0.00 101231 AXON AIR - SKYDIO 3D SCAN FOR X10 1 120 $350.00 $0.00 $0.00 $0.00 $0.00 101223 AXON AIR - SKYDIO X10 CROSSHAIR COORDINATES 1 120 $10.75 $0.00 $0.00 $0.00 $0.00 101242 AXON AIR - SKYDIO CONNECT LICENSE FOR X10 1 120 $208.25 $0.00 $0.00 $0.00 $0.00 50043 AXON INTERVIEW - STREAMING SERVER
MAINTENANCE - PER SERVER 2 120 $36.83 $36.83 $8,839.20 $0.00 $8,839.20 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER
TOUCH PANEL 3 120 $31.50 $31.50 $11,340.00 $0.00 $11,340.00 100112 AXON AIR - EVIDENCE.COM LICENSE - PILOT DATA 10 120 $37.80 $37.80 $45,360.00 $0.00 $45,360.00 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM
UNLIMITED 6 120 $124.80 $124.80 $89,856.00 $0.00 $89,856.00 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT
WRITING 60 120 $78.76 $78.76 $567,072.00 $0.00 $567,072.00 ProLicense Pro License Bundle 12 120 $48.47 $48.02 $69,148.80 $0.00 $69,148.80 A la Carte Services
20379 AXON VR - PSO - 1 DAY 1 $7,500.00 $7,500.00 $7,500.00 $0.00 $7,500.00 A la Carte Warranties
101254 AXON AIR - SKYDIO CARE FOR X10 WITH CELLULAR 5G
3YR 1 $3,300.00 $0.00 $0.00 $0.00 $0.00
101170 AXON AIR - SKYDIO CARE FOR VT300-Z SENSOR
PACKAGE - 3 YR 1 $1,949.00 $0.00 $0.00 $0.00 $0.00
Total $6,674,009.21 $140,094.63 $6,814,103.84
Item Title: 9.12
Agreement with Axon Enterprises, Inc. for Police Department Body Worn Cameras and Dash Cameras Item Page Number: 7
Menifee Mayor and City Council
December 17, 2024
Page
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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 3 1 05/15/2025
AB4 Camera Bundle 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 13 1 05/15/2025
AB4 Camera Bundle 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 93 1 05/15/2025
AB4 Camera Bundle 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 15 1 05/15/2025 AB4 Camera Bundle 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 103 1 05/15/2025 AB4 Camera Bundle 11508 AXON BODY - MOUNT - RAPIDLOCK DOUBLE MOLLE 15 1 05/15/2025 AB4 Camera Bundle 74028 AXON BODY - MOUNT - WING CLIP RAPIDLOCK 103 1 05/15/2025 AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - 8 BAY DOCK 12 1 05/15/2025 AB4 Multi Bay Dock Bundle 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 12 1 05/15/2025 AB4 Multi Bay Dock Bundle 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 12 1 05/15/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100126 AXON VR - TACTICAL BAG 4 1 05/15/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 93 2 05/15/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 3 2 05/15/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100393 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK 3 1 05/15/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100393 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK 93 1 05/15/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100394 AXON TASER 10 - MAGAZINE - HALT TRAINING BLUE 8 1 05/15/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100395 AXON TASER 10 - MAGAZINE - LIVE TRAINING PURPLE 6 1 05/15/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100396 AXON TASER 10 - MAGAZINE - INERT RED 30 1 05/15/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100399 AXON TASER 10 - CARTRIDGE - LIVE 1860 1 05/15/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100400 AXON TASER 10 - CARTRIDGE - HALT 560 1 05/15/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100401 AXON TASER 10 - CARTRIDGE - INERT 300 1 05/15/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100611 AXON TASER 10 - SAFARILAND HOLSTER - RH 93 1 05/15/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100623 AXON TASER - TRAINING - ENHANCED HALT SUIT V2 2 1 05/15/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100681 AXON SIGNAL - SIDEARM SENSOR ONLY 93 1 05/15/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100748 AXON VR - CONTROLLER - TASER 10 4 1 05/15/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100832 AXON VR - CONTROLLER - HANDGUN VR19H 4 1 05/15/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101122 AXON VR - HOLSTER - T10 SAFARILAND GREY - RH 2 1 05/15/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101123 AXON VR - HOLSTER - T10 SAFARILAND GREY - LH 2 1 05/15/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101294 AXON VR - TABLET 4 1 05/15/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101300 AXON VR - TABLET CASE 4 1 05/15/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101386 AXON RESPOND - FUSUSCORE - PRO 2.0 4TB HDD STORAGE 20 1 05/15/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101389 AXON RESPOND - FUSUSCORE - PRO AI 8TB HDD STORAGE 2 1 05/15/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101390 AXON RESPOND - FUSUSCORE - ELITE 2.0 44TB HDD STORAGE 2 1 05/15/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101391 AXON RESPOND - FUSUSCORE - ELITE AI 2.0 44TB HDD STORAGE 4 1 05/15/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101408 AXON RESPOND - FUSUSCORE - CAD 1 1 05/15/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101409 AXON RESPOND - FUSUSCORE - LISTEN 1 1 05/15/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 20018 AXON TASER - BATTERY PACK - TACTICAL 3 1 05/15/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 20018 AXON TASER - BATTERY PACK - TACTICAL 93 1 05/15/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 20018 AXON TASER - BATTERY PACK - TACTICAL 16 1 05/15/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 20378 AXON VR - HEADSET - HTC FOCUS 3 4 1 05/15/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 1 1 05/15/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 1 1 05/15/2025 Item Title: 9.12
Agreement with Axon Enterprises, Inc. for Police Department Body Worn Cameras and Dash Cameras Item Page Number: 8
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December 17, 2024
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Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 71044 AXON SIGNAL - BATTERY - CR2430 SINGLE PACK 186 1 05/15/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 74200 AXON TASER - DOCK - SIX BAY PLUS CORE 1 1 05/15/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 80087 AXON TASER - TARGET - CONDUCTIVE PROFESSIONAL RUGGEDIZED 2 1 05/15/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 80090 AXON TASER - TARGET FRAME - PROFESSIONAL 27.5 IN X 75 IN 2 1 05/15/2025
BUNDLE - UNLIMITED PREMIUM 10YR 100126 AXON VR - TACTICAL BAG 1 1 05/15/2025 BUNDLE - UNLIMITED PREMIUM 10YR 100681 AXON SIGNAL - SIDEARM SENSOR ONLY 13 1 05/15/2025 BUNDLE - UNLIMITED PREMIUM 10YR 100748 AXON VR - CONTROLLER - TASER 10 1 1 05/15/2025 BUNDLE - UNLIMITED PREMIUM 10YR 100832 AXON VR - CONTROLLER - HANDGUN VR19H 1 1 05/15/2025 BUNDLE - UNLIMITED PREMIUM 10YR 101294 AXON VR - TABLET 1 1 05/15/2025 BUNDLE - UNLIMITED PREMIUM 10YR 101299 AXON VR - HOLSTER - T7 BLACKHAWK GRAY RH 1 1 05/15/2025 BUNDLE - UNLIMITED PREMIUM 10YR 101300 AXON VR - TABLET CASE 1 1 05/15/2025 BUNDLE - UNLIMITED PREMIUM 10YR 20378 AXON VR - HEADSET - HTC FOCUS 3 1 1 05/15/2025 BUNDLE - UNLIMITED PREMIUM 10YR 71044 AXON SIGNAL - BATTERY - CR2430 SINGLE PACK 26 1 05/15/2025 Fleet 3 Advanced 10 Year 100989 AXON FLEET - CRADLEPOINT R920-C7A+5YR NETCLOUD 52 1 05/15/2025 Fleet 3 Advanced 10 Year 70112 AXON SIGNAL - SIGNAL UNIT 52 1 05/15/2025 Fleet 3 Advanced 10 Year 71200 AXON FLEET - AIRGAIN ANT - 5-IN-1 2LTE 2WIFI 1GNSS BL 52 1 05/15/2025 Fleet 3 Advanced 10 Year 72036 AXON FLEET 3 - STANDARD 2 CAMERA KIT 52 1 05/15/2025 Fleet 3 Advanced 10 Year 72036 AXON FLEET 3 - STANDARD 2 CAMERA KIT 1 1 05/15/2025 A la Carte 101211 AXON AIR - SKYDIO SPEAKER/MIC FOR X10 1 1 05/15/2025 A la Carte 101229 AXON AIR - SKYDIO SPOTLIGHT FOR X10 1 1 05/15/2025 A la Carte 101235 AXON AIR - SKYDIO X10 STARTER KIT 2.4/5GHZ CELL IR NA VT300Z 1 1 05/15/2025
A la Carte 101261 AXON AIR - SKYDIO NIGHTSENSE IR FILTER FOR X10 1 1 05/15/2025 Fleet 3 Advanced 10 Year 100989 AXON FLEET - CRADLEPOINT R920-C7A+5YR NETCLOUD 10 1 12/15/2025 Fleet 3 Advanced 10 Year 70112 AXON SIGNAL - SIGNAL UNIT 10 1 12/15/2025 Fleet 3 Advanced 10 Year 71200 AXON FLEET - AIRGAIN ANT - 5-IN-1 2LTE 2WIFI 1GNSS BL 10 1 12/15/2025 Fleet 3 Advanced 10 Year 72036 AXON FLEET 3 - STANDARD 2 CAMERA KIT 10 1 12/15/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100399 AXON TASER 10 - CARTRIDGE - LIVE 280 1 05/15/2026 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100400 AXON TASER 10 - CARTRIDGE - HALT 750 1 05/15/2026 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100399 AXON TASER 10 - CARTRIDGE - LIVE 280 1 05/15/2027 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100400 AXON TASER 10 - CARTRIDGE - HALT 740 1 05/15/2027 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100210 AXON VR - TAP REFRESH 1 - TABLET 4 1 11/15/2027 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101009 AXON VR - TAP REFRESH 1 - SIDEARM CONTROLLER 4 1 11/15/2027 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101012 AXON VR - TAP REFRESH 1 - CONTROLLER 4 1 11/15/2027 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 20373 AXON VR - TAP REFRESH 1 - HEADSET 4 1 11/15/2027 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73309 AXON BODY - TAP REFRESH 1 - CAMERA 96 1 11/15/2027 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 12 1 11/15/2027 BUNDLE - UNLIMITED PREMIUM 10YR 100210 AXON VR - TAP REFRESH 1 - TABLET 1 1 11/15/2027 BUNDLE - UNLIMITED PREMIUM 10YR 101009 AXON VR - TAP REFRESH 1 - SIDEARM CONTROLLER 1 1 11/15/2027 BUNDLE - UNLIMITED PREMIUM 10YR 101012 AXON VR - TAP REFRESH 1 - CONTROLLER 1 1 11/15/2027 BUNDLE - UNLIMITED PREMIUM 10YR 20373 AXON VR - TAP REFRESH 1 - HEADSET 1 1 11/15/2027 BUNDLE - UNLIMITED PREMIUM 10YR 73309 AXON BODY - TAP REFRESH 1 - CAMERA 13 1 11/15/2027 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100399 AXON TASER 10 - CARTRIDGE - LIVE 280 1 05/15/2028 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100400 AXON TASER 10 - CARTRIDGE - HALT 750 1 05/15/2028 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100399 AXON TASER 10 - CARTRIDGE - LIVE 280 1 05/15/2029 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100400 AXON TASER 10 - CARTRIDGE - HALT 740 1 05/15/2029 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100211 AXON VR - TAP REFRESH 2 - TABLET 4 1 05/15/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101010 AXON VR - TAP REFRESH 2 - SIDEARM CONTROLLER 4 1 05/15/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101013 AXON VR - TAP REFRESH 2 - CONTROLLER 4 1 05/15/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 20374 AXON VR - TAP REFRESH 2 - HEADSET 4 1 05/15/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73310 AXON BODY - TAP REFRESH 2 - CAMERA 96 1 05/15/2030 Item Title: 9.12
Agreement with Axon Enterprises, Inc. for Police Department Body Worn Cameras and Dash Cameras Item Page Number: 9
Menifee Mayor and City Council
December 17, 2024
Page
406 of 768
Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 12 1 05/15/2030 BUNDLE - UNLIMITED PREMIUM 10YR 100211 AXON VR - TAP REFRESH 2 - TABLET 1 1 05/15/2030 BUNDLE - UNLIMITED PREMIUM 10YR 101010 AXON VR - TAP REFRESH 2 - SIDEARM CONTROLLER 1 1 05/15/2030 BUNDLE - UNLIMITED PREMIUM 10YR 101013 AXON VR - TAP REFRESH 2 - CONTROLLER 1 1 05/15/2030 BUNDLE - UNLIMITED PREMIUM 10YR 20374 AXON VR - TAP REFRESH 2 - HEADSET 1 1 05/15/2030 BUNDLE - UNLIMITED PREMIUM 10YR 73310 AXON BODY - TAP REFRESH 2 - CAMERA 13 1 05/15/2030 Fleet 3 Advanced 10 Year 72040 AXON FLEET - TAP REFRESH 1 - 2 CAMERA KIT 52 1 05/15/2030 Fleet 3 Advanced 10 Year 72040 AXON FLEET - TAP REFRESH 1 - 2 CAMERA KIT 1 1 05/15/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 20242 AXON TASER - CERTIFICATION PROGRAM YEAR 6-10 HARDWARE 93 1 11/15/2030
Fleet 3 Advanced 10 Year 72040 AXON FLEET - TAP REFRESH 1 - 2 CAMERA KIT 10 1 12/15/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100212 AXON VR - TAP REFRESH 3 - TABLET 4 1 11/15/2032 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101011 AXON VR - TAP REFRESH 3 - SIDEARM CONTROLLER 4 1 11/15/2032 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101014 AXON VR - TAP REFRESH 3 - CONTROLLER 4 1 11/15/2032 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 20375 AXON VR - TAP REFRESH 3 - HEADSET 4 1 11/15/2032 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73345 AXON BODY - TAP REFRESH 3 - CAMERA 96 1 11/15/2032 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73347 AXON BODY - TAP REFRESH 3 - DOCK MULTI BAY 12 1 11/15/2032 BUNDLE - UNLIMITED PREMIUM 10YR 100212 AXON VR - TAP REFRESH 3 - TABLET 1 1 11/15/2032 BUNDLE - UNLIMITED PREMIUM 10YR 101011 AXON VR - TAP REFRESH 3 - SIDEARM CONTROLLER 1 1 11/15/2032 BUNDLE - UNLIMITED PREMIUM 10YR 101014 AXON VR - TAP REFRESH 3 - CONTROLLER 1 1 11/15/2032 BUNDLE - UNLIMITED PREMIUM 10YR 20375 AXON VR - TAP REFRESH 3 - HEADSET 1 1 11/15/2032 BUNDLE - UNLIMITED PREMIUM 10YR 73345 AXON BODY - TAP REFRESH 3 - CAMERA 13 1 11/15/2032 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73346 AXON BODY - TAP REFRESH 4 - CAMERA 96 1 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73348 AXON BODY - TAP REFRESH 4 - DOCK MULTI BAY 12 1 05/14/2035 BUNDLE - UNLIMITED PREMIUM 10YR 73346 AXON BODY - TAP REFRESH 4 - CAMERA 13 1 05/14/2035 Fleet 3 Advanced 10 Year 100092 AXON FLEET - TAP REFRESH 2 - 2 CAMERA KIT 1 1 05/14/2035 Fleet 3 Advanced 10 Year 100092 AXON FLEET - TAP REFRESH 2 - 2 CAMERA KIT 10 1 05/14/2035 Fleet 3 Advanced 10 Year 100092 AXON FLEET - TAP REFRESH 2 - 2 CAMERA KIT 52 1 05/14/2035 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100165 AXON EVIDENCE - STORAGE - THIRD PARTY UNLIMITED 93 05/15/2025 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100590 AXON MY90 - LICENSE 93 05/15/2025 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100801 AXON RECORDS - OSP LICENSE 93 05/15/2025 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101180 AXON TASER - DATA SCIENCE PROGRAM 93 05/15/2025 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101358 AXON RESPOND - FUSUSONE - ENTERPRISE LEVEL SAAS 1 05/15/2025 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 20248 AXON TASER - EVIDENCE.COM LICENSE 1 05/15/2025 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 20248 AXON TASER - EVIDENCE.COM LICENSE 93 05/15/2025 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 20370 AXON VR - FULL ACCESS - TASER ADD-ON USER 93 05/15/2025 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 93 05/15/2025 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73618 AXON COMMUNITY REQUEST 93 05/15/2025 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73638 AXON STANDARDS - LICENSE 93 05/15/2025 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73680 AXON RESPOND PLUS - LICENSE 93 05/15/2025 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 93 05/15/2025 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 93 05/15/2025 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73739 AXON PERFORMANCE - LICENSE 93 05/15/2025 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 73746 AXON EVIDENCE - ECOM LICENSE - PRO 93 05/15/2025 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 85760 AXON AUTO-TRANSCRIBE - UNLIMITED SERVICE 93 05/15/2025 05/14/2035 BUNDLE - UNLIMITED PREMIUM 10YR 100165 AXON EVIDENCE - STORAGE - THIRD PARTY UNLIMITED 13 05/15/2025 05/14/2035 BUNDLE - UNLIMITED PREMIUM 10YR 100590 AXON MY90 - LICENSE 13 05/15/2025 05/14/2035 BUNDLE - UNLIMITED PREMIUM 10YR 20370 AXON VR - FULL ACCESS - TASER ADD-ON USER 13 05/15/2025 05/14/2035 Item Title: 9.12
Agreement with Axon Enterprises, Inc. for Police Department Body Worn Cameras and Dash Cameras Item Page Number: 10
Menifee Mayor and City Council
December 17, 2024
Page
407 of 768
Software
Bundle Item Description QTY Estimated Start Date Estimated End Date BUNDLE - UNLIMITED PREMIUM 10YR 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 13 05/15/2025 05/14/2035 BUNDLE - UNLIMITED PREMIUM 10YR 73618 AXON COMMUNITY REQUEST 13 05/15/2025 05/14/2035 BUNDLE - UNLIMITED PREMIUM 10YR 73638 AXON STANDARDS - LICENSE 13 05/15/2025 05/14/2035 BUNDLE - UNLIMITED PREMIUM 10YR 73680 AXON RESPOND PLUS - LICENSE 13 05/15/2025 05/14/2035 BUNDLE - UNLIMITED PREMIUM 10YR 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 13 05/15/2025 05/14/2035 BUNDLE - UNLIMITED PREMIUM 10YR 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 13 05/15/2025 05/14/2035 BUNDLE - UNLIMITED PREMIUM 10YR 73739 AXON PERFORMANCE - LICENSE 13 05/15/2025 05/14/2035 BUNDLE - UNLIMITED PREMIUM 10YR 73746 AXON EVIDENCE - ECOM LICENSE - PRO 13 05/15/2025 05/14/2035 BUNDLE - UNLIMITED PREMIUM 10YR 85760 AXON AUTO-TRANSCRIBE - UNLIMITED SERVICE 13 05/15/2025 05/14/2035 Fleet 3 Advanced 10 Year 80400 AXON EVIDENCE - FLEET VEHICLE LICENSE 52 05/15/2025 05/14/2035 Fleet 3 Advanced 10 Year 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 52 05/15/2025 05/14/2035 Fleet 3 Advanced 10 Year 80402 AXON RESPOND - LICENSE - FLEET 3 52 05/15/2025 05/14/2035 Fleet 3 Advanced 10 Year 80410 AXON EVIDENCE - STORAGE - FLEET 1 CAMERA UNLIMITED 104 05/15/2025 05/14/2035 Pro License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 36 05/15/2025 05/14/2035 Pro License Bundle 73746 AXON EVIDENCE - ECOM LICENSE - PRO 12 05/15/2025 05/14/2035 A la Carte 100112 AXON AIR - EVIDENCE.COM LICENSE - PILOT DATA 10 05/15/2025 05/14/2035 A la Carte 100112 AXON AIR - EVIDENCE.COM LICENSE - PILOT DATA 1 05/15/2025 05/14/2035 A la Carte 100551 AXON AIR - DRONESENSE CLOUDSTREAM FOR SKYDIO 1 05/15/2025 05/14/2035 A la Carte 101223 AXON AIR - SKYDIO X10 CROSSHAIR COORDINATES 1 05/15/2025 05/14/2035 A la Carte 101231 AXON AIR - SKYDIO 3D SCAN FOR X10 1 05/15/2025 05/14/2035 A la Carte 101242 AXON AIR - SKYDIO CONNECT LICENSE FOR X10 1 05/15/2025 05/14/2035 A la Carte 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 60 05/15/2025 05/14/2035
A la Carte 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 3 05/15/2025 05/14/2035
A la Carte 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 05/15/2025 05/14/2035
A la Carte 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 6 05/15/2025 05/14/2035 Fleet 3 Advanced 10 Year 80400 AXON EVIDENCE - FLEET VEHICLE LICENSE 10 01/15/2026 05/14/2035 Fleet 3 Advanced 10 Year 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 10 01/15/2026 05/14/2035 Fleet 3 Advanced 10 Year 80402 AXON RESPOND - LICENSE - FLEET 3 10 01/15/2026 05/14/2035 Fleet 3 Advanced 10 Year 80410 AXON EVIDENCE - STORAGE - FLEET 1 CAMERA UNLIMITED 20 01/15/2026 05/14/2035 Services
Bundle Item Description QTY
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100105 AXON MY90 - PSO - SETUP 1 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100751 AXON TASER 10 - REPLACEMENT ACCESS PROGRAM - DUTY CARTRIDGE 93 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101184 AXON INVESTIGATE - TRAINING - OPERATOR AND EXAMINER 7 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101193 AXON TASER - ON DEMAND CERTIFICATION 1 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101421 AXON RESPOND - FUSUS SOFTWARE IMPLEMENTATION 2 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 11642 AXON INVESTIGATE - THIRD PARTY VIDEO SUPPORT 93 BUNDLE - UNLIMITED PREMIUM 10YR 100105 AXON MY90 - PSO - SETUP 1 BUNDLE - UNLIMITED PREMIUM 10YR 101184 AXON INVESTIGATE - TRAINING - OPERATOR AND EXAMINER 1 BUNDLE - UNLIMITED PREMIUM 10YR 11642 AXON INVESTIGATE - THIRD PARTY VIDEO SUPPORT 13 Fleet 3 Advanced 10 Year 100738 AXON FLEET 3 - SIM INSERTION - VZW 4FF 52 Fleet 3 Advanced 10 Year 100738 AXON FLEET 3 - SIM INSERTION - VZW 4FF 10 Fleet 3 Advanced 10 Year 73391 AXON FLEET 3 - DEPLOYMENT PER VEHICLE - NOT OVERSIZED 52 Fleet 3 Advanced 10 Year 73391 AXON FLEET 3 - DEPLOYMENT PER VEHICLE - NOT OVERSIZED 10 Fleet 3 Advanced 10 Year 73392 AXON FLEET 3 - INSTALLATION - UPGRADE (PER VEHICLE) 52 Fleet 3 Advanced 10 Year 73392 AXON FLEET 3 - INSTALLATION - UPGRADE (PER VEHICLE) 10 A la Carte 20379 AXON VR - PSO - 1 DAY 1
Item Title: 9.12
Agreement with Axon Enterprises, Inc. for Police Department Body Worn Cameras and Dash Cameras Item Page Number: 11
Menifee Mayor and City Council
December 17, 2024
Page
408 of 768
Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date A la Carte 101170 AXON AIR - SKYDIO CARE FOR VT300-Z SENSOR PACKAGE - 3 YR 1 A la Carte 101254 AXON AIR - SKYDIO CARE FOR X10 WITH CELLULAR 5G 3YR 1 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100197 AXON VR - EXT WARRANTY - HTC FOCUS 3 HEADSET 4 05/15/2026 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100213 AXON VR - EXT WARRANTY - TABLET 4 05/15/2026 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 3 05/15/2026 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 93 05/15/2026 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101007 AXON VR - EXT WARRANTY - CONTROLLER 4 05/15/2026 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101008 AXON VR - EXT WARRANTY - HANDGUN CONTROLLER 4 05/15/2026 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 1 05/15/2026 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 1 05/15/2026 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 20 05/15/2026 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 2 05/15/2026 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 2 05/15/2026 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 4 05/15/2026 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 3 05/15/2026 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 93 05/15/2026 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 16 05/15/2026 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 80396 AXON TASER - EXT WARRANTY - DOCK SIX BAY T7/T10 1 05/15/2026 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 80464 AXON BODY - TAP WARRANTY - CAMERA 93 05/15/2026 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 80464 AXON BODY - TAP WARRANTY - CAMERA 3 05/15/2026 05/14/2035 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 12 05/15/2026 05/14/2035 BUNDLE - UNLIMITED PREMIUM 10YR 100197 AXON VR - EXT WARRANTY - HTC FOCUS 3 HEADSET 1 05/15/2026 05/14/2035 BUNDLE - UNLIMITED PREMIUM 10YR 100213 AXON VR - EXT WARRANTY - TABLET 1 05/15/2026 05/14/2035 BUNDLE - UNLIMITED PREMIUM 10YR 101007 AXON VR - EXT WARRANTY - CONTROLLER 1 05/15/2026 05/14/2035 BUNDLE - UNLIMITED PREMIUM 10YR 101008 AXON VR - EXT WARRANTY - HANDGUN CONTROLLER 1 05/15/2026 05/14/2035 BUNDLE - UNLIMITED PREMIUM 10YR 80464 AXON BODY - TAP WARRANTY - CAMERA 13 05/15/2026 05/14/2035 Fleet 3 Advanced 10 Year 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 52 05/15/2026 05/14/2035 Fleet 3 Advanced 10 Year 80495 AXON FLEET 3 - EXT WARRANTY - 2 CAMERA KIT 52 05/15/2026 05/14/2035 Fleet 3 Advanced 10 Year 80495 AXON FLEET 3 - EXT WARRANTY - 2 CAMERA KIT 1 05/15/2026 05/14/2035 Fleet 3 Advanced 10 Year 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 10 12/15/2026 05/14/2035 Fleet 3 Advanced 10 Year 80495 AXON FLEET 3 - EXT WARRANTY - 2 CAMERA KIT 10 12/15/2026 05/14/2035 Item Title: 9.12
Agreement with Axon Enterprises, Inc. for Police Department Body Worn Cameras and Dash Cameras Item Page Number: 12
Menifee Mayor and City Council
December 17, 2024
Page
409 of 768
Shipping Locations
Location Number Street City State Zip Country
1 29714 Haun Rd Menifee CA 92586-6540 USA
2 29714 Haun Rd Menifee CA 92586-6540 USA
Payment Details
May 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment 100112 AXON AIR - EVIDENCE.COM LICENSE - PILOT DATA 1 $0.00 $0.00 $0.00 Invoice Upon Fulfillment 100551 AXON AIR - DRONESENSE CLOUDSTREAM FOR SKYDIO 1 $0.00 $0.00 $0.00 Invoice Upon Fulfillment 100552 TRANSFER CREDIT - GOODS 1 $63,160.55 $5,526.55 $68,687.10 Invoice Upon Fulfillment 100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 ($106,728.54) $0.00 ($106,728.54) Invoice Upon Fulfillment 101170 AXON AIR - SKYDIO CARE FOR VT300-Z SENSOR PACKAGE - 3 YR 1 $0.00 $0.00 $0.00 Invoice Upon Fulfillment 101211 AXON AIR - SKYDIO SPEAKER/MIC FOR X10 1 $0.00 $0.00 $0.00 Invoice Upon Fulfillment 101223 AXON AIR - SKYDIO X10 CROSSHAIR COORDINATES 1 $0.00 $0.00 $0.00 Invoice Upon Fulfillment 101229 AXON AIR - SKYDIO SPOTLIGHT FOR X10 1 $0.00 $0.00 $0.00 Invoice Upon Fulfillment 101231 AXON AIR - SKYDIO 3D SCAN FOR X10 1 $0.00 $0.00 $0.00 Invoice Upon Fulfillment 101235 AXON AIR - SKYDIO X10 STARTER KIT 2.4/5GHZ CELL IR NA VT300Z 1 $0.00 $0.00 $0.00 Invoice Upon Fulfillment 101242 AXON AIR - SKYDIO CONNECT LICENSE FOR X10 1 $0.00 $0.00 $0.00 Invoice Upon Fulfillment 101254 AXON AIR - SKYDIO CARE FOR X10 WITH CELLULAR 5G 3YR 1 $0.00 $0.00 $0.00 Invoice Upon Fulfillment 101261 AXON AIR - SKYDIO NIGHTSENSE IR FILTER FOR X10 1 $0.00 $0.00 $0.00 Invoice Upon Fulfillment 20379 AXON VR - PSO - 1 DAY 1 $7,500.00 $0.00 $7,500.00 Invoice Upon Fulfillment B00025 BUNDLE - UNLIMITED PREMIUM 10YR 13 $0.00 $0.00 $0.00 Invoice Upon Fulfillment H00001 AB4 Camera Bundle 13 $0.00 $0.00 $0.00 Invoice Upon Fulfillment M00015 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 93 $0.00 $0.00 $0.00 Total ($36,067.99) $5,526.55 ($30,541.44)
Jun 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 100112 AXON AIR - EVIDENCE.COM LICENSE - PILOT DATA 10 $4,536.00 $0.00 $4,536.00 Year 1 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 60 $56,707.20 $0.00 $56,707.20 Year 1 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 3 $1,134.00 $0.00 $1,134.00 Year 1 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $883.92 $0.00 $883.92 Year 1 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 6 $8,985.60 $0.00 $8,985.60 Year 1 Fleet3A10Yr Fleet 3 Advanced 10 Year 52 $143,108.17 $3,265.70 $146,373.87 Year 1 Fleet3A10Yr Fleet 3 Advanced 10 Year 10 $22,300.83 $445.42 $22,746.25 Year 1 H00001 AB4 Camera Bundle 93 $0.00 $0.00 $0.00
Year 1 H00002 AB4 Multi Bay Dock Bundle 12 $0.00 $0.00 $0.00 Year 1 M00015 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 93 $425,006.27 $9,745.67 $434,751.94 Year 1 ProLicense Pro License Bundle 12 $6,914.88 $0.00 $6,914.88 Total $669,576.87 $13,456.79 $683,033.66
Jan 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment Fleet3A10Yr Fleet 3 Advanced 10 Year 10 $14,308.50 $0.00 $14,308.50 Item Title: 9.12
Agreement with Axon Enterprises, Inc. for Police Department Body Worn Cameras and Dash Cameras Item Page Number: 13
Menifee Mayor and City Council
December 17, 2024
Page
410 of 768
Jan 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Total $14,308.50 $0.00 $14,308.50
Jun 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 100112 AXON AIR - EVIDENCE.COM LICENSE - PILOT DATA 10 $4,536.00 $0.00 $4,536.00 Year 2 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 60 $56,707.20 $0.00 $56,707.20 Year 2 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 3 $1,134.00 $0.00 $1,134.00 Year 2 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $883.92 $0.00 $883.92 Year 2 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 6 $8,985.60 $0.00 $8,985.60 Year 2 Fleet3A10Yr Fleet 3 Advanced 10 Year 52 $143,108.17 $3,265.70 $146,373.87 Year 2 Fleet3A10Yr Fleet 3 Advanced 10 Year 10 $22,300.83 $445.42 $22,746.25 Year 2 H00001 AB4 Camera Bundle 93 $0.00 $0.00 $0.00
Year 2 H00002 AB4 Multi Bay Dock Bundle 12 $0.00 $0.00 $0.00 Year 2 M00015 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 93 $425,006.27 $9,745.67 $434,751.94 Year 2 ProLicense Pro License Bundle 12 $6,914.88 $0.00 $6,914.88 Total $669,576.87 $13,456.79 $683,033.66
Jun 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 100112 AXON AIR - EVIDENCE.COM LICENSE - PILOT DATA 10 $4,536.00 $0.00 $4,536.00 Year 3 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 60 $56,707.20 $0.00 $56,707.20 Year 3 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 3 $1,134.00 $0.00 $1,134.00 Year 3 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $883.92 $0.00 $883.92 Year 3 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 6 $8,985.60 $0.00 $8,985.60 Year 3 Fleet3A10Yr Fleet 3 Advanced 10 Year 10 $22,300.83 $445.42 $22,746.25 Year 3 Fleet3A10Yr Fleet 3 Advanced 10 Year 52 $143,108.17 $3,265.70 $146,373.87 Year 3 H00001 AB4 Camera Bundle 93 $0.00 $0.00 $0.00
Year 3 H00002 AB4 Multi Bay Dock Bundle 12 $0.00 $0.00 $0.00 Year 3 M00015 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 93 $425,006.27 $9,745.67 $434,751.94 Year 3 ProLicense Pro License Bundle 12 $6,914.88 $0.00 $6,914.88 Total $669,576.87 $13,456.79 $683,033.66
Jun 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 100112 AXON AIR - EVIDENCE.COM LICENSE - PILOT DATA 10 $4,536.00 $0.00 $4,536.00 Year 4 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 60 $56,707.20 $0.00 $56,707.20 Year 4 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 3 $1,134.00 $0.00 $1,134.00 Year 4 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $883.92 $0.00 $883.92 Year 4 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 6 $8,985.60 $0.00 $8,985.60 Year 4 Fleet3A10Yr Fleet 3 Advanced 10 Year 52 $143,108.17 $3,265.70 $146,373.87 Year 4 Fleet3A10Yr Fleet 3 Advanced 10 Year 10 $22,300.83 $445.42 $22,746.25 Year 4 H00001 AB4 Camera Bundle 93 $0.00 $0.00 $0.00
Year 4 H00002 AB4 Multi Bay Dock Bundle 12 $0.00 $0.00 $0.00 Year 4 M00015 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 93 $425,006.27 $9,745.67 $434,751.94 Year 4 ProLicense Pro License Bundle 12 $6,914.88 $0.00 $6,914.88 Total $669,576.87 $13,456.79 $683,033.66
Item Title: 9.12
Agreement with Axon Enterprises, Inc. for Police Department Body Worn Cameras and Dash Cameras Item Page Number: 14
Menifee Mayor and City Council
December 17, 2024
Page
411 of 768
Jun 2029
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 100112 AXON AIR - EVIDENCE.COM LICENSE - PILOT DATA 10 $4,536.00 $0.00 $4,536.00 Year 5 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 60 $56,707.20 $0.00 $56,707.20 Year 5 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 3 $1,134.00 $0.00 $1,134.00 Year 5 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $883.92 $0.00 $883.92 Year 5 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 6 $8,985.60 $0.00 $8,985.60 Year 5 Fleet3A10Yr Fleet 3 Advanced 10 Year 10 $22,300.83 $445.42 $22,746.25 Year 5 Fleet3A10Yr Fleet 3 Advanced 10 Year 52 $143,108.17 $3,265.70 $146,373.87 Year 5 H00001 AB4 Camera Bundle 93 $0.00 $0.00 $0.00
Year 5 H00002 AB4 Multi Bay Dock Bundle 12 $0.00 $0.00 $0.00 Year 5 M00015 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 93 $425,006.27 $9,745.67 $434,751.94 Year 5 ProLicense Pro License Bundle 12 $6,914.88 $0.00 $6,914.88 Total $669,576.87 $13,456.79 $683,033.66
Jun 2030
Invoice Plan Item Description Qty Subtotal Tax Total
Year 6 100112 AXON AIR - EVIDENCE.COM LICENSE - PILOT DATA 10 $4,536.00 $0.00 $4,536.00 Year 6 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 60 $56,707.20 $0.00 $56,707.20 Year 6 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 3 $1,134.00 $0.00 $1,134.00 Year 6 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $883.92 $0.00 $883.92 Year 6 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 6 $8,985.60 $0.00 $8,985.60 Year 6 Fleet3A10Yr Fleet 3 Advanced 10 Year 10 $22,300.83 $445.42 $22,746.25 Year 6 Fleet3A10Yr Fleet 3 Advanced 10 Year 52 $143,108.17 $3,265.70 $146,373.87 Year 6 H00001 AB4 Camera Bundle 93 $0.00 $0.00 $0.00
Year 6 H00002 AB4 Multi Bay Dock Bundle 12 $0.00 $0.00 $0.00 Year 6 M00015 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 93 $425,006.27 $9,745.67 $434,751.94 Year 6 ProLicense Pro License Bundle 12 $6,914.88 $0.00 $6,914.88 Total $669,576.87 $13,456.79 $683,033.66
Jun 2031
Invoice Plan Item Description Qty Subtotal Tax Total
Year 7 100112 AXON AIR - EVIDENCE.COM LICENSE - PILOT DATA 10 $4,536.00 $0.00 $4,536.00 Year 7 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 60 $56,707.20 $0.00 $56,707.20 Year 7 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 3 $1,134.00 $0.00 $1,134.00 Year 7 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $883.92 $0.00 $883.92 Year 7 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 6 $8,985.60 $0.00 $8,985.60 Year 7 Fleet3A10Yr Fleet 3 Advanced 10 Year 10 $22,300.83 $445.42 $22,746.25 Year 7 Fleet3A10Yr Fleet 3 Advanced 10 Year 52 $143,108.17 $3,265.70 $146,373.87 Year 7 H00001 AB4 Camera Bundle 93 $0.00 $0.00 $0.00
Year 7 H00002 AB4 Multi Bay Dock Bundle 12 $0.00 $0.00 $0.00 Year 7 M00015 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 93 $425,006.27 $9,745.67 $434,751.94 Year 7 ProLicense Pro License Bundle 12 $6,914.88 $0.00 $6,914.88 Total $669,576.87 $13,456.79 $683,033.66
Jun 2032
Invoice Plan Item Description Qty Subtotal Tax Total
Year 8 100112 AXON AIR - EVIDENCE.COM LICENSE - PILOT DATA 10 $4,536.00 $0.00 $4,536.00 Year 8 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 60 $56,707.20 $0.00 $56,707.20 Year 8 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 3 $1,134.00 $0.00 $1,134.00 Year 8 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $883.92 $0.00 $883.92 Year 8 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 6 $8,985.60 $0.00 $8,985.60 Item Title: 9.12
Agreement with Axon Enterprises, Inc. for Police Department Body Worn Cameras and Dash Cameras Item Page Number: 15
Menifee Mayor and City Council
December 17, 2024
Page
412 of 768
Jun 2032
Invoice Plan Item Description Qty Subtotal Tax Total
Year 8 Fleet3A10Yr Fleet 3 Advanced 10 Year 52 $143,108.17 $3,265.70 $146,373.87 Year 8 Fleet3A10Yr Fleet 3 Advanced 10 Year 10 $22,300.83 $445.42 $22,746.25 Year 8 H00001 AB4 Camera Bundle 93 $0.00 $0.00 $0.00
Year 8 H00002 AB4 Multi Bay Dock Bundle 12 $0.00 $0.00 $0.00 Year 8 M00015 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 93 $425,006.27 $9,745.67 $434,751.94 Year 8 ProLicense Pro License Bundle 12 $6,914.88 $0.00 $6,914.88 Total $669,576.87 $13,456.79 $683,033.66
Jun 2033
Invoice Plan Item Description Qty Subtotal Tax Total
Year 9 100112 AXON AIR - EVIDENCE.COM LICENSE - PILOT DATA 10 $4,536.00 $0.00 $4,536.00 Year 9 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 60 $56,707.20 $0.00 $56,707.20 Year 9 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 3 $1,134.00 $0.00 $1,134.00 Year 9 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $883.92 $0.00 $883.92 Year 9 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 6 $8,985.60 $0.00 $8,985.60 Year 9 Fleet3A10Yr Fleet 3 Advanced 10 Year 52 $143,108.17 $3,265.70 $146,373.87 Year 9 Fleet3A10Yr Fleet 3 Advanced 10 Year 10 $22,300.83 $445.42 $22,746.25 Year 9 H00001 AB4 Camera Bundle 93 $0.00 $0.00 $0.00
Year 9 H00002 AB4 Multi Bay Dock Bundle 12 $0.00 $0.00 $0.00 Year 9 M00015 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 93 $425,006.27 $9,745.67 $434,751.94 Year 9 ProLicense Pro License Bundle 12 $6,914.88 $0.00 $6,914.88 Total $669,576.87 $13,456.79 $683,033.66
Jun 2034
Invoice Plan Item Description Qty Subtotal Tax Total
Year 10 100112 AXON AIR - EVIDENCE.COM LICENSE - PILOT DATA 10 $4,536.00 $0.00 $4,536.00 Year 10 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 60 $56,707.20 $0.00 $56,707.20 Year 10 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 3 $1,134.00 $0.00 $1,134.00 Year 10 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $883.92 $0.00 $883.92 Year 10 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 6 $8,985.60 $0.00 $8,985.60 Year 10 Fleet3A10Yr Fleet 3 Advanced 10 Year 52 $143,108.17 $3,265.76 $146,373.93 Year 10 Fleet3A10Yr Fleet 3 Advanced 10 Year 10 $22,300.83 $445.45 $22,746.28 Year 10 H00001 AB4 Camera Bundle 93 $0.00 $0.00 $0.00
Year 10 H00002 AB4 Multi Bay Dock Bundle 12 $0.00 $0.00 $0.00 Year 10 M00015 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 10YR 93 $425,006.27 $9,745.76 $434,752.03 Year 10 ProLicense Pro License Bundle 12 $6,914.88 $0.00 $6,914.88 Total $669,576.87 $13,456.97 $683,033.84
Item Title: 9.12
Agreement with Axon Enterprises, Inc. for Police Department Body Worn Cameras and Dash Cameras Item Page Number: 16
Menifee Mayor and City Council
December 17, 2024
Page
413 of 768
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 League of Oregon Cities (fka NPP) Contract No. PS20270 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.
Item Title: 9.12
Agreement with Axon Enterprises, Inc. for Police Department Body Worn Cameras and Dash Cameras Item Page Number: 17
Menifee Mayor and City Council
December 17, 2024
Page
414 of 768
Exceptions to Standard Terms and Conditions
Agency has existing contract(s) originated via Quote(s):Q-287667,Q-335502,Q-418220,Q-309916,Q-330561,Q-378534,Q-527939,Q-311993 Agency is terminating those contracts effective 03/15/2025. Any change in this date will result in modification of the program value which may result in additional fees or credits due to or from Axon.
The parties agree that Axon is applying a Net Transfer Credit of ($43,567.99) to the quote for paid but undelivered items.
Any credits contained in this quote are contingent upon payment in full of the following amounts:
12/15/2024 $2,052.36
12/15/2024 $10,167.00
9/15/2024 $17,170.46
9/15/2024 $82,669.53
INUS246570 $191,378.25
INUS260943 $13,358.25
INUS260696 $799.92
100% discounted body-worn camera and docking station hardware contained in this quote reflects a TAP replacement for hardware purchased under existing quotes #38152, 71075, 79949, and 37419. All TAP obligations from this contract will be considered fulfilled upon execution of this quote. \s1\ \d1\
Signature Date Signed
Item Title: 9.12
Agreement with Axon Enterprises, Inc. for Police Department Body Worn Cameras and Dash Cameras Item Page Number: 18
Menifee Mayor and City Council
December 17, 2024
Page
415 of 768
11/20/2024
Item Title: 9.12
Agreement with Axon Enterprises, Inc. for Police Department Body Worn Cameras and Dash Cameras Item Page Number: 19
Menifee Mayor and City Council
December 17, 2024
Page
416 of 768
Master Services and Purchasing Agreement
Version: 22
Release Date: August 2, 2024 Page 1 of 37
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. For all other purchases, Axon may increase pricing on all line items in the Quote by up to 3% at the beginning of each year of the Renewal Term. New devices and services may require additional terms. Axon will not authorize services until Axon receives a signed Quote or accepts a purchase order, whichever is first.
3.Payment. Axon invoices 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 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. Used conducted energy weapon ("CEW") cartridges are deemed to have operated properly. Extended warranties run from the expiration of the one- (1-) year hardware warranty through the extended warranty term purchased.
Item Title: 9.12
Agreement with Axon Enterprises, Inc. for Police Department Body Worn Cameras and Dash Cameras Item Page Number: 20
Menifee Mayor and City Council
December 17, 2024
Page
417 of 768
Master Services and Purchasing Agreement
Version: 22
Release Date: August 2, 2024 Page 2 of 37
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.
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 Axon- manufactured Device, at Axon’s option. A replacement Axon-manufactured Device will be new or like new.
Axon will warrant the replacement Axon-manufactured Device for the longer of (a) the remaining warranty of the original Axon-manufactured Device or (b) 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/sales- terms-and-conditions.
7.7.Third-Party Software and Services. Use of software or services other than those provided by Axon is governed by the terms, if any, entered into between Customer and the respective third-party provider, including, without limitation, the terms applicable to such software or services located at www.axon.com/sales-terms- and-conditions, if any.
7.8.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 Releasee, 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.
Item Title: 9.12
Agreement with Axon Enterprises, Inc. for Police Department Body Worn Cameras and Dash Cameras Item Page Number: 21
Menifee Mayor and City Council
December 17, 2024
Page
418 of 768
Master Services and Purchasing Agreement
Version: 22
Release Date: August 2, 2024 Page 3 of 37
8.Statement of Work. Certain Axon Devices and Services, including Axon Interview Room, Axon Channel Services, and Axon Fleet, may require a Statement of Work that details Axon’s Service deliverables ("SOW"). In the event Axon provides an SOW to Customer, Axon is only responsible for the performance of Services described in the SOW.
Additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. The SOW is incorporated into this Agreement by reference.
9.Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings.
10.Design Changes. Axon may make design changes to any Axon Device or Service without notifying Customer or making the same change to Axon Devices and Services previously purchased by Customer.
11.Bundled Offerings. Some offerings in bundled offerings may not be generally 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 a delay of availability or Customer’s election not to utilize any portion of an Axon bundle.
12.Insurance. Axon will maintain General Liability, Workers’ Compensation, and Automobile Liability insurance. Upon request, Axon will supply certificates of insurance.
13.IP Rights. Axon owns and reserves all right, title, and interest in Axon-manufactured Devices and Services and suggestions to Axon, including all related intellectual property rights. Customer will not cause any Axon proprietary rights to be violated.
14.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) 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.
15.Customer Responsibilities. Customer is responsible for (a) Customer’s use of Axon Devices; (b) Customer or an end 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.
16.Termination.
16.1.For Breach. A Party may terminate this Agreement for cause if it provides thirty (30) days written notice of the breach to the other Party, and the breach remains uncured 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.
16.2.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.
16.3.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 received, including any Spare Axon Devices, and amounts paid towards those Axon Devices.Only if terminating for non- appropriation, 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 bundled Axon Devices, MSRP is the standalone price of all individual components.
17.Confidentiality. "Confidential Information" means nonpublic information designated as confidential or, given the nature of the information or circumstances surrounding disclosure, should reasonably be understood to be confidential. Each Party will take reasonable measures to avoid disclosure, dissemination, or unauthorized use of the other Party’s Confidential Information. Unless required by law, neither Party will disclose the other Party’s Confidential Information during the Term and for five (5) years thereafter. To the extent permissible by law, Axon pricing is Confidential Information and competition sensitive. If 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.
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18.General.
18.1.Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party’s reasonable control.
18.2.Independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, Customer, fiduciary, or employment relationship between the Parties.
18.3.Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement.
18.4.Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law.
18.5.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.
18.6.Assignment. Neither Party may assign this Agreement without the other Party’s prior written consent. Axon may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets.
This Agreement is binding upon the Parties respective successors and assigns.
18.7.Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right.
18.8.Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect.
18.9.Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, IP Rights, Customer Responsibilities and any other Sections detailed in the survival sections of the Appendices.
18.10.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.
18.11.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].
18.12Entire 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 supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties.
Each Party, by and through its respective representative authorized to execute this Agreement, has duly executed and delivered this Agreement as of the date of signature.
AXON:CUSTOMER:
Axon Enterprise, Inc.
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
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Axon Cloud Services Terms of Use Appendix
1. Definitions.
a. "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. b. "Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by Customer. Evidence is a subset of Customer Content.
c. "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. d. "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.
e. "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 more end users than the Quote specifies. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence Lite, Customer may access and use Axon Evidence only to store and manage TASER CEW and TASER CAM data ("TASER Data"). Customer may not upload non-TASER Data to Axon Evidence Lite.
3.Customer Owns Customer Content. Customer controls and owns all right, 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.
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. a. Customer will also maintain the security of end 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.
b. 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.
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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 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.
9.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 or Customer is prohibited from storing data for other customers or law enforcement agencies; and (iii) Customer may only upload and store data that is directly related to (1) the investigation of, or the prosecution of a crime, (2) common law enforcement activities, or (3) any Customer Content created by Axon Devices or Axon Evidence.
10.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.
11.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.
12.Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors before Customer uploads data to Axon Cloud Services.
13.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.
14. 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.
15. 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.
16. 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.
17.Axon Records. Axon Records is the software-as-a-service product that is generally available at the time Customer purchases an OSP 7 or OSP 10 bundle. During Customer’s Axon Records Subscription Term, if any, Customer will be entitled to receive Axon’s Update and Upgrade releases on an if-and-when available basis.
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c. The Axon Records Subscription Term will end upon the completion of the Axon Records Subscription as documented in the Quote, or if purchased as part of an OSP 7 or OSP 10 bundle, upon completion of the OSP 7 or OSP 10 Term ("Axon Records Subscription") d. An "Update" is a generally available release of Axon Records that Axon makes available from time to time. An "Upgrade" includes (i) new versions of Axon Records that enhance features and functionality, as solely determined by Axon; and/or (ii) new versions of Axon Records that provide additional features or perform additional functions. Upgrades exclude new products that Axon introduces and markets as distinct products or applications.
e. New or additional Axon products and applications, as well as any Axon professional services needed to configure Axon Records, are not included. If Customer purchases Axon Records as part of a bundled offering, the Axon Record subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Records to Customer.
f. Users of Axon Records at the Customer 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.
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:
g. copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services; h. 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; i. access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas;
j. use Axon Cloud Services as a service bureau, or as part of a Customer infrastructure as a service; k. use trade secret information contained in Axon Cloud Services, except as expressly permitted in this Agreement;
l. access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services;
m. 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 n. 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.
19.Draft One. Axon may impose usage restrictions if a single user generates more than one hundred (100) reports per month for two or more consecutive months.
20.After Termination. Axon will not delete Customer Content for ninety (90) days following termination. Axon Cloud Services will not be functional during these ninety (90) days other than the ability to retrieve Customer 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.
21.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.
22.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 Item Title: 9.12
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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.
23.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 Full Service options include:
System set up and configuration
•Instructor-led setup of Axon View on smartphones (if applicable) •Configure categories and custom roles based on 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
End user go-live training and support sessions
•Assistance with device set up and configuration
•Training on device use, Axon Evidence, and Evidence Sync Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide
Post go-live review
3. Body-Worn Camera Starter Service (Axon Starter). Axon Starter includes advance remote project planning and configuration support and one (1) day of on-site Services and a professional services manager to work closely with 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)
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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 End user go-live training and support sessions
•Assistance with device set up and configuration
•Training on device use, Axon Evidence, and Evidence Sync Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide
4. Body-Worn Camera Virtual 1-Day Service (Axon Virtual). Axon Virtual includes all items in the BWC Starter Service Package, except one (1) day of on-site services.
5. CEW Services Packages. CEW Services Packages are detailed below:
System set up and configuration
•Configure Axon Evidence categories & custom roles based on 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.
Item Title: 9.12
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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’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 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. Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote and this Appendix. Any additional professional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule.
12. Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays.
Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Customer travel time by Axon personnel to Customer premises as work hours.
13. Access Computer Systems to Perform Services. Customer authorizes Axon to access relevant Customer Item Title: 9.12
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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.
14.Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Axon Devices ("User Documentation"). User Documentation will include all required environmental specifications for the professional services and Axon Devices to operate per the Axon Device User Documentation. Before installation of Axon Devices (whether performed by 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
15.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 delivery of the Acceptance Form, Axon will deem Customer to have accepted the professional services.
16.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.
Item Title: 9.12
Agreement with Axon Enterprises, Inc. for Police Department Body Worn Cameras and Dash Cameras Item Page Number: 33
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Technology Assurance Plan Appendix
If Technology Assurance Plan ("TAP") or a bundle including TAP is on the Quote, this appendix applies.
1.TAP Warranty. The TAP warranty is an extended warranty that starts at the end of the one- (1-) year hardware limited warranty.
2.Officer Safety Plan. If 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 BWC Upgrade. If Customer has no outstanding payment obligations and purchased TAP, Axon will provide Customer a new Axon body-worn camera ("BWC Upgrade") as scheduled in the Quote. If Customer purchased TAP, Axon will provide a BWC Upgrade that is the same or like Axon Device, at Axon’s option. Axon makes no guarantee the BWC Upgrade will utilize the same accessories or Axon Dock.
5.TAP Dock Upgrade. If Customer has no outstanding payment obligations and purchased TAP, Axon will provide Customer a new Axon Dock as scheduled in the Quote ("Dock Upgrade"). Accessories associated with any Dock Upgrades are subject to change at Axon discretion. Dock Upgrades will only include a new Axon Dock bay configuration unless a new Axon Dock core is required for BWC compatibility. If Customer originally purchased a single-bay Axon Dock, the Dock Upgrade will be a single-bay Axon Dock model that is the same or like Axon Device, at Axon’s option. If Customer originally purchased a multi-bay Axon Dock, the Dock Upgrade will be a multi-bay Axon Dock that is the same or like Axon Device, at Axon’s option.
6.Upgrade Delay. Axon may ship the BWC and Dock Upgrades as scheduled in the Quote without prior confirmation from Customer unless the Parties agree in writing otherwise at least ninety (90) days in advance. Axon may ship the final BWC and Dock Upgrade as scheduled in the Quote sixty (60) days before the end of the Subscription Term without prior confirmation from Customer.
7.Upgrade Delay or 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 BWC Upgrade or Dock Upgrade, Axon will not provide a refund. The MSRP is the MSRP in effect at the time of the upgrade.
8.Return of Original Axon Device. Within thirty (30) days of receiving a BWC or Dock Upgrade, 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 Customer’s payment for TAP, OSP, or Axon Evidence is more than thirty (30) days past due, Axon may terminate TAP or OSP. Once TAP or OSP terminates for any reason:
9.1. TAP and OSP coverage terminate as of the date of termination and no refunds will be given.
9.2. Axon will not and has no obligation to provide the Upgrade Models.
9.3. Customer must make any missed payments due to the termination before Customer may purchase any future TAP or OSP.
Item Title: 9.12
Agreement with Axon Enterprises, Inc. for Police Department Body Worn Cameras and Dash Cameras Item Page Number: 34
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December 17, 2024
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TASER Device Appendix
This TASER Device Appendix applies to Customer’s TASER 10, OSP 10, OSP Plus, or 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.Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period warranty will be for a five- (5-) year term, which includes the hardware manufacturer’s warranty plus the four- (4-) year extended term.
4.Trade-in. If the Quote contains a discount on CEW-related line items and that discount is contingent upon the trade-in 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 pay shipping costs of the return. 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.
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
5.TASER Device Subscription Term. The TASER Device Subscription Term for a standalone TASER Device purchase begins on shipment of the TASER Device. The TASER Device Subscription Term for OSP 7/10 begins on the OSP 7/10 start date.
6.Access Rights. Upon Axon granting Customer a TASER Device Axon Evidence subscription, Customer may access and use Axon Evidence for the storage and management of data from TASER Devices devices during the TASER Device Subscription Term. Customer may not exceed the number of end users the Quote specifies.
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 Item Title: 9.12
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for non-appropriations, 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.
Item Title: 9.12
Agreement with Axon Enterprises, Inc. for Police Department Body Worn Cameras and Dash Cameras Item Page Number: 36
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December 17, 2024
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Axon Auto-Tagging Appendix
If Auto-Tagging is included on the Quote, this Appendix applies.
1.Scope. Axon Auto-Tagging consists of the development of a module to allow Axon Evidence to interact with Customer’s Computer-Aided Dispatch ("CAD") or Records Management Systems ("RMS"). This allows end users to auto-populate Axon video meta-data with a case ID, category, and location-based on data maintained in Customer’s CAD or RMS.
2.Support. For thirty (30) days after completing Auto-Tagging Services, Axon will provide up to five (5) hours of remote support at no additional charge. Axon will provide free support due to a change in Axon Evidence, if Customer maintains an Axon Evidence and Auto-Tagging subscription. Axon will not provide support if a change is required because Customer changes its CAD or RMS.
3.Changes. Axon is only responsible to perform the Services in this Appendix. Any additional Services are out of scope.
The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule.
4.Customer Responsibilities. Axon’s performance of Auto-Tagging Services requires Customer to:
4.1. Make available relevant systems, including Customer’s current CAD or RMS, for assessment by Axon (including remote access if possible);
4.2. Make required modifications, upgrades or alterations to Customer’s hardware, facilities, systems and networks related to Axon’s performance of Auto-Tagging Services;
4.3. Provide access to the premises where Axon is performing Auto-Tagging Services, subject to Customer safety and security restrictions, and allow Axon to enter and exit the premises with laptops and materials needed to perform Auto-Tagging Services;
4.4. Provide all infrastructure and software information (TCP/IP addresses, node names, network configuration) necessary for Axon to provide Auto-Tagging Services;
4.5. Promptly install and implement any software updates provided by Axon;
4.6. Ensure that all appropriate data backups are performed;
4.7. Provide assistance, participation, and approvals in testing Auto-Tagging Services;
4.8. Provide Axon with remote access to Customer’s Axon Evidence account when required;
4.9. Notify Axon of any network or machine maintenance that may impact the performance of the module at Customer; and
4.10. Ensure reasonable availability of knowledgeable staff and personnel to provide timely, accurate, complete, and up-to-date documentation and information to Axon.
5.Access to Systems. Customer authorizes Axon to access Customer’s relevant computers, network systems, and CAD or RMS solely for performing Auto-Tagging Services. Axon will work diligently to identify the resources and information Axon expects to use and will provide an initial list to 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.
Item Title: 9.12
Agreement with Axon Enterprises, Inc. for Police Department Body Worn Cameras and Dash Cameras Item Page Number: 37
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December 17, 2024
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Axon Fleet Appendix
If Axon Fleet 2, Axon Fleet 3, or any future generation of Axon Fleet (collectively, “Axon Fleet”) is included on the Quote, this Appendix applies.
1.Customer Responsibilities.
1.1. Customer must ensure its infrastructure and vehicles adhere to the minimum requirements to operate Axon Fleet as established by Axon during the qualifier call and on-site assessment at Customer and in any technical qualifying questions. If Customer’s representations are inaccurate, the Quote is subject to change.
1.2. Customer is responsible for providing a suitable work area for Axon or Axon third-party providers to install Axon Fleet systems into Customer vehicles. Customer is responsible for making available all vehicles for which installation services were purchased, during the agreed upon onsite installation dates, Failure to make vehicles available may require an equitable adjustment in fees or schedule.
2.Cradlepoint. If Customer purchases Cradlepoint Enterprise Cloud Manager, Customer will comply with Cradlepoint’s end user license agreement. The term of the Cradlepoint license may differ from the Axon Evidence Subscription. If Customer requires Cradlepoint support, Customer will contact Cradlepoint directly.
3.Third-party Installer. Axon will not be liable for the failure of Axon Fleet hardware to operate per specifications if such failure results from installation not performed by, or as directed by Axon.
4. Wireless Offload Server.
4.1.License Grant. Axon grants Customer a non-exclusive, royalty-free, worldwide, perpetual license to use Wireless Offload Server ("WOS"). "Use" means storing, loading, installing, or executing WOS solely for data communication with Axon Devices for the number of licenses purchased. The WOS term begins upon the start of the Axon Evidence Subscription.
4.2.Restrictions. Customer may not: (a) modify, alter, tamper with, repair, or create derivative works of WOS; (b) reverse engineer, disassemble, or decompile WOS, apply any process to derive the source code of WOS, or allow others to do so; (c) access or use WOS to avoid incurring fees or exceeding usage limits; (d) copy WOS in whole or part; (e) use trade secret information contained in WOS; (f) resell, rent, loan or sublicense WOS; (g) access WOS to build a competitive device or service or copy any features, functions or graphics of WOS; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within WOS.
4.3.Updates. If Customer purchases WOS maintenance, Axon will make updates and error corrections to WOS ("WOS Updates") available electronically via the Internet or media as determined by Axon. Customer is responsible for establishing and maintaining adequate Internet access to receive WOS Updates and maintaining computer equipment necessary for use of WOS. The Quote will detail the maintenance term.
4.4.WOS Support. Upon request by Axon, Customer will provide Axon with access to Customer’s store and forward servers solely for troubleshooting and maintenance.
5. Axon Vehicle Software.
5.1.License Grant. Axon grants Customer a non-exclusive, royalty-free, worldwide, perpetual license to use ViewXL or Dashboard (collectively, "Axon Vehicle Software".) "Use" means storing, loading, installing, or executing Axon Vehicle Software solely for data communication with Axon Devices. The Axon Vehicle Software term begins upon the start of the Axon Evidence Subscription.
5.2.Restrictions. Customer may not: (a) modify, alter, tamper with, repair, or create derivative works of Axon Vehicle Software; (b) reverse engineer, disassemble, or decompile Axon Vehicle Software, apply any process to derive the source code of Axon Vehicle Software, or allow others to do so; (c) access or use Axon Vehicle Software to avoid incurring fees or exceeding usage limits; (d) copy Axon Vehicle Software in whole or part; (e) use trade secret information contained in Axon Vehicle Software; (f) resell, rent, loan or sublicense Axon Vehicle Software; (g) access Axon Vehicle Software to build a competitive device or service or copy any features, functions or graphics of Axon Vehicle Software; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Axon Vehicle Software.
Item Title: 9.12
Agreement with Axon Enterprises, Inc. for Police Department Body Worn Cameras and Dash Cameras Item Page Number: 38
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December 17, 2024
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6.Acceptance Checklist. If Axon provides services to Customer pursuant to any statement of work in connection with Axon Fleet, within seven (7) days of the date on which Customer retrieves Customer's vehicle(s) from the Axon installer, said vehicle having been installed and configured with tested and fully and properly operational in-car hardware and software identified above, Customer will receive a Professional Services Acceptance Checklist to submit to Axon indicating acceptance or denial of said deliverables.
7.Axon Fleet Upgrade. If Customer has no outstanding payment obligations and has purchased the "Fleet Technology Assurance Plan" (Fleet TAP), Axon will provide Customer with the same or like model of Fleet hardware ("Axon Fleet Upgrade") as scheduled on the Quote.
7.1. If Customer would like to change models for the Axon Fleet Upgrade, Customer must pay the difference between the MSRP for the offered Axon Fleet Upgrade and the MSRP for the model desired. The MSRP is the MSRP in effect at the time of the upgrade. Customer is responsible for the removal of previously installed hardware and installation of the Axon Fleet Upgrade.
7.2. Within thirty (30) days of receiving the Axon Fleet Upgrade, 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 of the destroyed Axon Devices. If Customer does not destroy or return the Axon Devices to Axon, Axon will deactivate the serial numbers for the Axon Devices received by Customer.
Item Title: 9.12
Agreement with Axon Enterprises, Inc. for Police Department Body Worn Cameras and Dash Cameras Item Page Number: 39
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December 17, 2024
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Release Date: August 2, 2024 Page 21 of 37
Axon Respond Appendix
This Axon Respond Appendix applies to both Axon Respond and Axon Respond Plus, if either is included on the Quote.
1.Axon Respond Subscription Term. If Customer purchases Axon Respond as part of a bundled offering, the Axon Respond subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Respond to Customer. If Customer purchases Axon Respond as a standalone, the Axon Respond subscription begins the later of the (1) date Axon provisions Axon Respond to Customer, or (2) first day of the month following the Effective Date. The Axon Respond subscription term will end upon the completion of the Axon Evidence Subscription associated with Axon Respond.
2.Scope of Axon Respond. The scope of Axon Respond is to assist Customer with real-time situational awareness during critical incidents to improve officer safety, effectiveness, and awareness. In the event Customer uses Axon Respond outside this scope, Axon may initiate good-faith discussions with Customer on upgrading Customer’s Axon Respond to better meet Customer’s needs.
3.Axon Body LTE Requirements. Axon Respond is only available and usable with an LTE enabled body-worn camera.
Axon is not liable if Customer utilizes the LTE device outside of the coverage area or if the LTE carrier is unavailable.
LTE coverage is only available in the United States, including any U.S. territories. Axon may utilize a carrier of Axon’s choice to provide LTE service. Axon may change LTE carriers during the Term without Customer’s consent.
4.Axon Fleet LTE Requirements. Axon Respond is only available and usable with a Fleet 3 system configured with LTE modem and service. Customer is responsible for providing LTE service for the modem. Coverage and availability of LTE service is subject to Customer’s LTE carrier.
5.Axon Respond Service Limitations. Customer acknowledges that LTE service is made available only within the operating range of the networks. Service may be temporarily refused, interrupted, or limited because of: (a) facilities limitations; (b) transmission limitations caused by atmospheric, terrain, other natural or artificial conditions adversely affecting transmission, weak batteries, system overcapacity, movement outside a service area or gaps in coverage in a service area, and other causes reasonably outside of the carrier’s control such as intentional or negligent acts of third parties that damage or impair the network or disrupt service; or (c) equipment modifications, upgrades, relocations, repairs, and other similar activities necessary for the proper or improved operation of service.
5.1. With regard to Axon Body, Partner networks are made available as-is and the carrier makes no warranties or representations as to the availability or quality of roaming service provided by carrier partners, and the carrier will not be liable in any capacity for any errors, outages, or failures of carrier partner networks. Customer expressly understands and agrees that it has no contractual relationship whatsoever with the underlying wireless service provider or its affiliates or contractors and Customer is not a third-party beneficiary of any agreement between Axon and the underlying carrier.
6.Termination. Upon termination of this Agreement, or if Customer stops paying for Axon Respond or bundles that include Axon Respond, Axon will end Axon Respond services, including any Axon-provided LTE service.
Item Title: 9.12
Agreement with Axon Enterprises, Inc. for Police Department Body Worn Cameras and Dash Cameras Item Page Number: 40
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December 17, 2024
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Add-on Services Appendix
This Appendix applies if Axon Community Request, Axon Redaction Assistant, and/or Axon Performance are included on the Quote.
1.Subscription Term. If Customer purchases Axon Community Request, Axon Redaction Assistant, or Axon Performance as part of OSP 7 or OSP 10, the subscription begins on the later of the (1) start date of the OSP 7 or OSP 10 Term, or (2) date Axon provisions Axon Community Request, Axon Redaction Assistant, or Axon Performance to Customer.
1.1. If Customer purchases Axon Community Request, Axon Redaction Assistant, or Axon Performance as a standalone, the subscription begins the later of the (1) date Axon provisions Axon Community Request, Axon Redaction Assistant, or Axon Performance to Customer, or (2) first day of the month following the Effective Date.
1.2. The subscription term will end upon the completion of the Axon Evidence Subscription associated with the add- on.
2.Axon Community Request Storage. For Axon Community Request, 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.
3.Performance Auto-Tagging Data. In order to provide some features of Axon Performance to Customer, Axon will need to store call for service data from Customer’s CAD or RMS.
Item Title: 9.12
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December 17, 2024
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Axon Auto-Transcribe Appendix
This Appendix applies if Axon Auto-Transcribe is included on the Quote.
1.Subscription Term. If Customer purchases Axon Auto-Transcribe as part of a bundle or Axon Cloud Services subscription, the subscription begins on the later of the (1) start date of the bundle or Axon Cloud Services license term, or (2) date Axon provisions Axon Auto-Transcribe to Customer. If Customer purchases Axon Auto-Transcribe minutes as a standalone, the subscription begins on the date Axon provisions Axon Auto-Transcribe to Customer.
1.1. If Customer cancels Auto-Transcribe services, any amounts owed by the Parties will be based on the amount of time passed under the annual subscription, rather than on the number of minutes used, regardless of usage.
2.Auto-Transcribe A-La-Carte Minutes. Upon Axon granting Customer a set number of minutes, Customer may utilize Axon Auto-Transcribe, subject to the number of minutes allowed on the Quote. Customer will not have the ability to 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.
3.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.
4.Warranty. Axon disclaims all warranties, express or implied, for Axon Auto-Transcribe.
Item Title: 9.12
Agreement with Axon Enterprises, Inc. for Police Department Body Worn Cameras and Dash Cameras Item Page Number: 42
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December 17, 2024
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Axon Virtual Reality Content Terms of Use Appendix
If Virtual Reality is included on the Quote, this Appendix applies.
1.Term. The Quote will detail the products and license duration, as applicable, of the goods, services, and software, and contents thereof, provided by Axon to Customer related to virtual reality (collectively, "Virtual Reality Media").
2.Headsets. Customer may purchase additional virtual reality headsets from Axon. In the event Customer decides to purchase additional virtual reality headsets for use with Virtual Reality Media, Customer must purchase those headsets from Axon.
3.License Restrictions. All licenses will immediately terminate if Customer does not comply with any term of this Agreement. If Customer utilizes more users than stated in this Agreement, Customer must purchase additional Virtual Reality Media licenses from Axon. Customer may not use Virtual Reality Media for any purpose other than as expressly permitted by this Agreement. Customer may not:
3.1. modify, tamper with, repair, or otherwise create derivative works of Virtual Reality Media;
3.2. reverse engineer, disassemble, or decompile Virtual Reality Media or apply any process to derive the source code of Virtual Reality Media, or allow others to do the same;
3.3. copy Virtual Reality Media in whole or part, except as expressly permitted in this Agreement;
3.4. use trade secret information contained in Virtual Reality Media;
3.5. resell, rent, loan or sublicense Virtual Reality Media;
3.6. access Virtual Reality Media to build a competitive device or service or copy any features, functions, or graphics of Virtual Reality Media; or
3.7. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Virtual Reality Media or any copies of Virtual Reality Media.
4.Privacy. Customer’s use of the Virtual Reality Media is subject to the Axon Virtual Reality Privacy Policy, a current version of which is available at https://www.axon.com/axonvrprivacypolicy.
5.Termination. Axon may terminate Customer’s license immediately for Customer’s failure to comply with any of the terms in this Agreement.
Item Title: 9.12
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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 may not:
4.1. use API Service in any way other than as expressly permitted under this Agreement;
4.2. use in any way that results in, or could result in, any security breach to Axon;
4.3. perform an action with the intent of introducing any 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 Item Title: 9.12
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considered Axon’s API Content, including:
5.1. the design, structure and naming of API Service fields in all responses and requests;
5.2. the resources available within API Service for which 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.
Item Title: 9.12
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FUSUS Appendix
1.Access. Upon Axon granting Customer a subscription to FUSUS cloud services in the Quote, Customer may access and use FūsusONE Real Time Interoperability Solution services to for the purpose of viewing and managing Customer Content. Some Customer content contained in Axon Evidence may not be accessible or transferable to the FUSUS cloud services.
2. Product Limits. The following limitations apply to the below products:
Lite Basic Pro Enterprise Enterprise Plus
Total Number of Managed End Points 150 150 500 1500 4500 Max Number of Video Streams Connected 0 150 500 1500 4500 Indefinite Cloud Storage 2TB 5TB 10TB 30TB
Overages may result in additional fees or the need to upgrade products.
3.Disclaimer. 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.
4.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. Customer Content saved in Axon Cloud Services is the sole property of Customer and may not be distributed by Axon to any third parties outside of the Customer’s organization without the Customer’s expressed written consent.
Item Title: 9.12
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Axon Channel Services Appendix
This Appendix applies if Customer purchases Axon Channel Service, as set forth on the Quote.
1. Definitions.
1.1. "Axon Digital Evidence Management System" means Axon Evidence or Axon Evidence Local, as specified in the attached Channel Services Statement of Work.
1.2. "Active Channel" means a third-party system that is continuously communicating with an Axon Digital Evidence Management System.
1.3. "Inactive Channel" means a third-party system that will have a one-time communication to an Axon Digital Evidence Management System.
2.Scope. Customer currently has a third-party system or data repository from which Customer desires to share data with Axon Digital Evidence Management. Axon will facilitate the transfer of Customer’s third-party data into an Axon Digital Evidence Management System or the transfer of Customer data out of an Axon Digital Evidence Management System as defined in the Channel Services Statement of Work ("Channel Services SOW"). Channel Services will not delete any Customer Content. Customer is responsible for verifying all necessary data is migrated correctly and retained per Customer policy.
3.Changes. Axon is only responsible to perform the Services described in this Appendix and Channel Services SOW.
Any additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule.
4.Purpose and Use. Customer is responsible for verifying Customer has the right to share data from and provide access to third-party system as it relates to the Services described in this Appendix and the Channel Services SOW.
For Active Channels, Customer is responsible for any changes to a third-party system that may affect the functionality of the channel service. Any additional work required for the continuation of the Service may require additional fees.
An Axon Field Engineer may require access to Customer’s network and systems to perform the Services described in the Channel Services SOW. Customer is responsible for facilitating this access per all laws and policies applicable to Customer.
5.Project Management. Axon will assign a Project Manager to work closely with Customer’s project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables on time and budget.
6.Warranty. Axon warrants that it will perform the Channel Services in a good and workmanlike manner.
7.Monitoring. Axon may monitor Customer’s use of Channel Services to ensure quality, improve Axon devices and services, prepare invoices based on the total amount of data migrated, and verify compliance with this Agreement.
Customer agrees not to interfere with such monitoring or obscure from Axon Customer’s use of channel services.
8.Customer’s Responsibilities. Axon’s successful performance of the Channel Services requires Customer:
8.1. Make available its relevant systems for assessment by Axon (including making these systems available to Axon via remote access);
8.2. Provide access to the building facilities and where Axon is to perform the Channel Services, subject to safety and security restrictions imposed by the Customer (including providing security passes or other necessary documentation to Axon representatives performing the Channel Services permitting them to enter and exit Customer premises with laptop personal computers and any other materials needed to perform the Channel Services);
8.3. Provide all necessary infrastructure and software information (TCP/IP addresses, node names, and network configuration) for Axon to provide the Channel Services;
8.4. Ensure all appropriate data backups are performed;
8.5. Provide Axon with remote access to the Customer’s network and third-party systems when required for Axon to perform the Channel Services;
8.6. Notify Axon of any network or machine maintenance that may impact the performance of the Channel Services; and
8.7. Ensure the reasonable availability by phone or email of knowledgeable staff, personnel, system administrators, Item Title: 9.12
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and operators to provide timely, accurate, complete, and up-to-date documentation and information to Axon (these contacts are to provide background information and clarification of information required to perform the Channel Services).
Item Title: 9.12
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Axon Investigate Appendix
If the Quote includes Axon's On Prem Video Suite known as Axon Investigate or Third Party Video Support License, the following appendix shall apply.
1.License Grant. Subject to the terms and conditions specified below and upon payment of the applicable fees set forth in the Quote, Axon grants to Customer a nonexclusive, nontransferable license to install, use, and display the Axon Investigate software ("Software") solely for its own internal use only and for no other purpose, for the duration of subscription term set forth in the Quote. This Agreement does not grant Customer any right to enhancements or updates, but if such are made available to Customer and obtained by Customer they shall become part of the Software and governed by the terms of this Agreement.
2.Third-Party Licenses. Axon licenses several third-party codecs and applications that are integrated into the Software. Users with an active support contract with Axon are granted access to these additional features. By accepting this agreement, Customer agrees to and understands that an active support contract is required for all of the following features: DNxHD output formats, decoding files via the "fast indexing" method, proprietary file metadata, telephone and email support, and all future updates to the software. If Customer terminates the annual support contract with Axon, the features listed above will be disabled within the Software. It is recommended that users remain on an active support contract to maintain the full functionality of the Software.
3.Restrictions on Use. Customer may not permit any other person to use the Software unless such use is in accordance with the terms of this Agreement. Customer may not modify, translate, reverse engineer, reverse compile, decompile, disassemble or create derivative works with respect to the Software, except to the extent applicable laws specifically prohibit such restrictions. Customer may not rent, lease, sublicense, grant a security interest in or otherwise transfer Customer’s rights to or to use the Software. Any rights not granted are reserved to Axon.
4.Term. For purchased perpetual Licenses only—excluding Licenses leased for a pre-determined period, evaluation licenses, companion licenses, as well as temporary licenses--the license shall be perpetual unless Customer fails to observe any of its terms, in which case it shall terminate immediately, and without additional prior notice. The terms of Paragraphs 1, 2, 3, 5, 6, 8 and 9 shall survive termination of this Agreement. For licenses leased for a pre- determined period, for evaluation licenses, companion licenses, as well as temporary licenses, the license is granted for a period beginning at the installation date and for the duration of the evaluation period or temporary period as agreed between Axon and Customer.
5.Title. Axon and its licensors shall have sole and exclusive ownership of all right, title, and interest in and to the Software and all changes, modifications, and enhancements thereof (including ownership of all trade secrets and copyrights pertaining thereto), regardless of the form or media in which the original or copies may exist, subject only to the rights and privileges expressly granted by Axon. This Agreement does not provide Customer with title or ownership of the Software, but only a right of limited use.
6.Copies. The Software is copyrighted under the laws of the United States and international treaty provisions. Customer may not copy the Software except for backup or archival purposes, and all such copies shall contain all Axon’s notices regarding proprietary rights as contained in the Software as originally provided to Customer. If Customer receives one copy electronically and another copy on media, the copy on media may be used only for archival purposes and this license does not authorize Customer to use the copy of media on an additional server.
7.Actions Required Upon Termination. Upon termination of the license associated with this Agreement, Customer agrees to destroy all copies of the Software and other text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Software that are provided by Axon to Customer ("Software Documentation") or return such copies to Axon. Regarding any copies of media containing regular backups of Customer's computer or computer system, Customer agrees not to access such media for the purpose of recovering the Software or online Software Documentation.
8.Export Controls. None of the Software, Software Documentation or underlying information may be downloaded or otherwise exported, directly or indirectly, without the prior written consent, if required, of the office of Export Administration of the United States, Department of Commerce, nor to any country to which the U.S. has embargoed goods, to any person on the U.S. Treasury Department’s list of Specially Designated Nations, or the U.S. Department of Commerce’s Table of Denials.
9.U.S. Government Restricted Rights. The Software and Software Documentation are Commercial Computer Software provided with Restricted Rights under Federal Acquisition Regulations and Customer supplements to them.
Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR 255.227-7013 et. Seq. or 252.211-7015, or Item Title: 9.12
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subparagraphs (a) through (d) of the Commercial Computer Software Restricted Rights at FAR 52.227-19, as applicable, or similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Axon Enterprise, Inc., 17800 North 85th Street, Scottsdale, Arizona 85255.
Item Title: 9.12
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My90 Terms of Use Appendix
Definitions.
1.1. "My90" means Axon’s proprietary platform and methodology to obtain and analyze feedback, and other related offerings, including, without limitation, interactions between My90 and Axon products.
1.2. "Recipient Contact Information" means contact information, as applicable, including phone number or email address (if available) of the individual whom Customer would like to obtain feedback.
1.3. "Customer Data" means
1.3.1. "My90 Customer Content" which means data, including Recipient Contact Information, provided to My90 directly by Customer or at their direction, or by permitting My90 to access or connect to an information system or similar technology. My90 Customer Content does not include My90 Non- Content Data.
1.3.2. "My90 Non-Content Data" which means data, configuration, and usage information about Customer's My90 tenant, and client software, users, and survey recipients that is Processed (as defined in Section 1.6 of this Appendix) when using My90 or responding to a My90 Survey. My90 Non-Content Data includes data about users and survey recipients captured during account management and customer support activities. My90 Non-Content Data does not include My90 Customer Content.
1.3.3. "Survey Response" which means survey recipients' response to My90 Survey.
1.4. "My90 Data" means
1.4.1. "My90 Survey" which means surveys, material(s) or content(s) made available by Axon to Customer and survey recipients within My90.
1.4.2. "Aggregated Survey Response" which means Survey Response that has been de-identified and aggregated or transformed so that it is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to, a particular individual.
1.5. "Personal Data" means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
1.6. "Processing" means any operation or set of operations which is performed on data or on sets of data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
1.7. "Sensitive Personal Data" means Personal Data that reveals an individual’s health, racial or ethnic origin, sexual orientation, disability, religious or philosophical beliefs, or trade union membership.
2.Access. Upon Axon granting Customer a subscription to My90, Customer may access and use My90 to store and manage My90 Customer Content, and applicable My90 Surveys and Aggregated Survey Responses. This Appendix is subject to the Terms and Conditions of Axon’s Master Service and Purchasing Agreement or in the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern.
3.IP address. Axon will not store survey respondents’ IP address.
4.Customer Owns My90 Customer Content. Customer controls or owns all right, title, and interest in My90 Customer Content. Except as outlined herein, Axon obtains no interest in My90 Customer Content, and My90 Customer Content is not Axon’s business records. Except as set forth in this Agreement, Customer is responsible for uploading, sharing, managing, and deleting My90 Customer Content. Axon will only have access to My90 Customer Content for the limited purposes set forth herein. Customer agrees to allow Axon access to My90 Customer Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of My90 and other Axon products.
5.Details of the Processing. The nature and purpose of the Processing under this Appendix are further specified Item Title: 9.12
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in Schedule 1 Details of the Processing, to this Appendix.
6.Security. Axon will implement commercially reasonable and appropriate measures to secure Customer Data against accidental or unlawful loss, access, or disclosure. Axon will maintain a comprehensive information security program to protect Customer Data including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; security education; and data protection. Axon will not treat Customer Data in accordance with FBI CJIS Security Policy requirements and does not agree to the CJIS Security Addendum for this engagement or any other security or privacy related commitments that have been established between Axon and Customer, such as ISO 27001 certification or SOC 2 Reporting.
7.Privacy. Customer use of My90 is subject to the My90 Privacy Policy, a current version of which is available at https://www.axon.com/legal/my90privacypolicy. Customer agrees to allow Axon access to My90 Non-Content Data from Customer to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products including My90 and related services; and (c) enforce this Agreement or policies governing the use of My90 or other Axon products.
8.Location of Storage. Axon may transfer Customer Data to third-party subcontractors for Processing. Axon will determine the locations for Processing of Customer Data. For all Customer, Axon will Process and store Customer Data within the country in which Customer is located. Ownership of My90 Customer Content remains with Customer.
9.Required Disclosures. Axon will not disclose Customer Data that Customer shares with Axon except as compelled by a court or administrative body or required by any law or regulation. Axon will notify Customer if any disclosure request is received for Customer Data so Customer may file an objection with the court or administrative body, unless prohibited by law.
10.Data Sharing. Axon may share data only with entities that control or are controlled by or under common control of Axon, and as described below:
10.1. Axon may share Customer Data with third parties it employs to perform tasks on Axon’s behalf to provide products or services to Customer.
10.2. Axon may share Aggregated Survey Response with third parties, such as other Axon customers, local city agencies, private companies, or members of the public that are seeking a way to collect analysis on general policing and community trends. Aggregated Survey Response will not be reasonably capable of being associated with or reasonably be linked directly or indirectly to a particular individual.
11.License and Intellectual Property. Customer grants Axon, its affiliates, and assignees the irrevocable, perpetual, fully paid, royalty-free, and worldwide right and license to use Customer Data for internal use including but not limited to analysis and creation of derivatives. Axon may not release Customer Data to any third party under this right that is not aggregated and de-identified. Customer acknowledges that Customer will have no intellectual property right in any media, good or service developed or improved by Axon. Customer acknowledges that Axon may make any lawful use of My90 Data and any derivative of Customer Data including, without limitation, the right to monetize, redistribute, make modification of, and make derivatives of the surveys, survey responses and associated data, and Customer will have no intellectual property right in any good, service, media, or other product that uses My90 Data.
12.Customer Use of Aggregated Survey Response. Axon will make available to Customer Aggregated Survey Response and rights to use for any Customer purpose.
13.Data Subject Rights. Taking into account the nature of the Processing, Axon shall assist Customer by appropriate technical and organizational measures, insofar as this is reasonable, for the fulfilment of Customer's obligation to respond to a Data Subject Request regarding any Personal Data contained within My90 Customer Content. If in regard to My90 Customer Content, Axon receives a Data Subject Request from Customer's data subject to exercise one or more of its rights under applicable Data Protection Law, Axon will redirect the data subject within seventy-two (72) hours, to make its request directly to Customer. Customer will be responsible for responding to any such request.
14.Assistance with Requests Related to My90 Customer Content. With regard to the processing of My90 Customer Content, Axon shall, if not prohibited by applicable law, notify Customer without delay after receipt, if Axon: (a) receives a request for information from the Supervisory Authority or any other competent authority regarding My90 Customer Content; (b) receives a complaint or request from a third party regarding the obligations of Customer or Axon under applicable Data Protection Law; or (c) receives any other communication which directly or indirectly pertains to My90 Customer Content or the Processing or protection of My90 Customer Content. Axon Item Title: 9.12
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shall not respond to such requests, complaints, or communications, unless Customer has given Axon written instructions to that effect or if such is required under a statutory provision. In the latter case, prior to responding to the request, Axon shall notify Customer of the relevant statutory provision and Axon shall limit its response to what is necessary to comply with the request.
15.Axon Evidence Partner Sharing. If Axon Evidence partner sharing is used to share My90 Customer Content, Customer will manage the data sharing partnership with Axon and access to allow only for authorized data sharing with Axon. Customer acknowledges that any applicable audit trail on the original source data will not include activities and processing performed against the instances, copies or clips that has been shared with Axon.
Customer also acknowledges that the retention policy from the original source data is not applied to any data shared with Axon. Except as provided herein, data shared with Axon may be retained indefinitely by Axon.
16.Data Retention. Phone numbers provided to Axon directly by Customer or at their direction, or by permitting My90 to access or connect to an information system or similar technology will be retained for twenty-four (24) hours. Axon will not delete Aggregated Survey Response for four (4) years following termination of this Agreement. There will be no functionality of My90 during these four (4) years other than the ability to submit a request to retrieve Aggregated Survey Response. Axon has no obligation to maintain or provide Aggregated Survey Response after these four years and may thereafter, unless legally prohibited, delete all Aggregated Survey Response.
17.Termination. Termination of an My90 Agreement will not result in the removal or modification of previously shared My90 Customer Content or the potential monetization of Survey Response and Aggregated Survey Response.
18.Managing Data Shared. Customer is responsible for:
18.1. Ensuring My90 Customer Content is appropriate for use in My90. This includes, prior to sharing: (a) applying any and all required redactions, clipping, removal of metadata, logs, etc. and (b) coordination with applicable public disclosure officers and related legal teams;
18.2. Ensuring that only My90 Customer Content that is authorized to be shared for the purposes outlined is shared with Axon. Customer will periodically monitor or audit this shared data;
18.3. Using an appropriately secure data transfer mechanism to provide My90 Customer Content to Axon;
18.4. Immediately notifying Axon if My90 Customer Content that is not authorized for sharing has been shared.
Axon may not be able to immediately retrieve or locate all instances, copies or clips of My90 Customer Content in the event Customer requests to un-share previously shared My90 Customer Content;
19.Prior to enrollment in My90. Prior to enrolling in My90, Customer will:
19.1. determine how to use My90 in accordance with applicable laws and regulations including but not limited to consents, use of info or other legal considerations;
19.2. develop a set of default qualification criteria of what My90 Customer Content may be shared with Axon; and
19.3. assign responsibilities for managing what My90 Customer Content is shared with Axon and educate users on what data may or not be shared with Axon.
20.Customer Responsibilities. Customer is responsible for:
20.1. ensuring no My90 Customer Content or Customer end user’s use of My90 Customer Content or My90 violates this Agreement or applicable laws;
20.2. providing, and will continue to provide, all notices and has obtained, and will continue to obtain, all consents and rights necessary under applicable laws for Axon to process Customer Data in accordance with this Agreement; and
20.3. maintaining necessary computer equipment and Internet connections for use of My90. If Customer becomes aware of any violation of this Agreement by an end user, Customer will immediately terminate that end user’s access to My90. Customer will also maintain the security of end usernames and passwords and security and access by end users to My90 Customer Content. Customer is responsible for ensuring the configuration and utilization of My90 meets applicable Customer regulations and standards. Customer may not sell, transfer, or sublicense access to any other entity or person. Customer shall contact Axon Item Title: 9.12
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immediately if an unauthorized party may be using Customer's account or My90 Customer Content or if account information is lost or stolen.
21.Suspension. Axon may temporarily suspend Customer's or any end user’s right to access or use any portion or all of My90 immediately upon notice, if Customer or end user’s use of or registration for My90 may (a) pose a security risk to Axon products including My90, or any third-party; (b) adversely impact My90, the systems, or content of any other customer; (c) subject Axon, Axon’s affiliates, or any third-party to liability; or (d) be fraudulent.
Customer remains responsible for all fees, if applicable, incurred through suspension. Axon will not delete My90 Customer Content or Aggregated Survey Response because of suspension, except as specified in this Agreement.
22.My90 Restrictions. Customer and Customer end users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to:
22.1. copy, modify, tamper with, repair, or create derivative works of any part of My90;
22.2. reverse engineer, disassemble, or decompile My90 or apply any process to derive any source code included in My90, or allow others to do the same;
22.3. access or use My90 with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas;
22.4. use trade secret information contained in My90, except as expressly permitted in this Agreement;
22.5. access My90 to build a competitive product or service or copy any features, functions, or graphics of My90;
22.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within My90; or
22.7. use My90 to store or transmit infringing, libelous, or other unlawful or tortious material; to store or transmit material in violation of third-party privacy rights; or to store or transmit malicious code.
Item Title: 9.12
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Master Services and Purchasing Agreement
Version: 22
Release Date: August 2, 2024 Page 36 of 37
Schedule 1- Details of the Processing
1. Nature and Purpose of the Processing. To help Customer obtain feedback from individuals, such as members of their community, staff, or officers. Features of My90 may include:
1.1. Survey Tool where Customer may create, distribute, and analyze feedback from individuals it designates.
Customer may designate members of the community, staff or officers from whom they would like to obtain feedback;
1.2. Creation of custom forms for surveys. Customer may select questions from a list of pre-drafted questions or create their own;
1.3. Distribution of survey via multiple distribution channels such as text message;
1.4. Ability to access and analyze Survey Response. Axon may also provide Customer Aggregated Survey Responses which contain analysis and insights from the Survey Response;
1.5. Direct integrations into information systems including Computer Aided Dispatch ("CAD"). This will enable Customer to share contact information easily and quickly with Axon of any individuals from whom it wishes to obtain feedback, enabling Axon to communicate directly with these individuals;
1.6. Data Dashboard Beta Test ("Data Dashboard") where Survey Response and Aggregated Survey Response will be displayed for Customer use. Customer will be able to analyze, interpret, and share results of the Survey Response. My90 may provide beta versions of the Data Dashboard that are specifically designed for Customer to test before they are publicly available;
1.7. Survey Responses will be aggregated and de-identified and may be subsequently distributed and disclosed through various mediums to: (1) Customer; (2) other Axon Customer; (3) private companies; and (4) members of the public. The purpose of disclosure is to provide ongoing insights and comparisons on general policing and community trends. Prior to disclosing this information, Axon will ensure that the Survey Response has been de-identified and aggregated or transformed so that it is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual; and
1.8. Provide services and materials to engage Customer stakeholders, market the partnership to the public, and facilitate training.
Item Title: 9.12
Agreement with Axon Enterprises, Inc. for Police Department Body Worn Cameras and Dash Cameras Item Page Number: 55
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Master Services and Purchasing Agreement
Version: 22
Release Date: August 2, 2024 Page 37 of 37
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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CITY OF MENIFEE
SUBJECT: Public Nuisance Declaration for the Retail Pads at the Krikorian Entertainment Complex Property
MEETING DATE: December 17, 2024
TO: Mayor and City Council
PREPARED BY: Cheryl Kitzerow, Community Development Director REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1. Adopt a resolution finding and declaring conditions present at Krikorian Entertainment Complex Property, located at 27459 and 27483 Newport Road (“Retail Pads”), to be a public nuisance and ordering the abatement thereof.
DISCUSSION
The Krikorian Entertainment Complex is located at 27387, 27459, and 27483 Newport Road (“Property”). The site consists of three partially completed commercial structures – one retail framed shell building, one burned retail building with only remaining foundation/posts, and one partially constructed movie theater building.
The City has been involved with Code Enforcement issues relating to the Property since September 1, 2021, when the Property was found to be in non-compliance for lack of development standards, graffiti, and overgrown vegetation. On June 2, 2023, all City issued permits for the Property were deemed expired for lack of on-going construction progress. On October 12, 2023, City Code Enforcement inspected the Property and issued Showprop Menifee De, LLC (“Owner”) a Notice of Intent to Abate Public Nuisance (“Notice”) relating to 27387 Newport Road (“Theater”).
The Owner appealed said Notice. On November 29, 2023, City Code Enforcement inspected the Property and issued the Owner a Notice relating to the Retail Pad structures. The Owner appealed said Notice on November 30, 2023. On February 12, 2024, an Administrative Hearing took place on the Owner’s appeal of the Notice relating to the Theater and on February 26, 2024, the hearing officer denied the Owner’s appeal and upheld the Notice.
Due to the public nuisance and the length of time that the existing construction has been exposed to the elements, on April 25, 2024, a comprehensive inspection of the Property (pursuant to an approved Inspection Warrant issued by the Court on April 17, 2024) was performed by a team of Item Title: 10.1
Public Nuisance Declaration for the Retail Pads at the Krikorian Entertainment Complex Property Item Page Number: 1
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City of Menifee Staff Report
Krikorian Abatement, Retail Pads
December 17, 2024